2018/0356M(NLE) | [ParlTrack]

Draft opinion
Paragraph -1 (new)

-1. Recalls that the EU and its Member States are among the top donors in Vietnam and the largest grant donor;

Amendment 10 #

Draft opinion
Paragraph 4

4. Recalls its concern at the increasingly restrictive approach of the Vietnamese authorities with regard to ~~the~~ freedom of expression and other freedoms; recalls the ~~close~~ linksage between the FTA and ~~the Partnership and Cooperation Agreement (PCA)~~PCA and urges the Commission to use all available tools in the aAgreements, including suspension when needed, to protect and promote fundamental freedoms; more broadly, calls on Vietnam to sign and ratify all relevant human right treaties of the United Nations and the Rome Statute of the International Criminal Court;

Amendment 11 #

Draft opinion
Paragraph 4 a (new)

4 a. Recalls the importance to adapt trade policies to support national efforts to combat climate change in order to comply with the Paris Agreement; stresses in this context to the need to make EU- Vietnam Free Trade Agreement (EVFTA) consistent with EU-FLEGT agreement with Vietnam, notably by including in its trade and sustainable development (TSD) chapters binding and enforceable provisions to halt illegal logging, deforestation, forest degradation and land grabbing; stresses the importance of effective monitoring of these provisions and sanctions mechanisms that allow individuals and communities, outside or within the EU, to seek redress; in particular, underlines that this mechanism must give special consideration to the rights of indigenous peoples, forest-dependent communities, and the rights granted under ILO Convention C169 on Indigenous and Tribal Peoples where applicable;

Amendment 12 #

Draft opinion
Paragraph 4 b (new)

4 b. Recalls equally that the success of the entire FLEGT initiative depends i.e. on tackling fraud and corruption which can be found at all stages of the timber trade, from the harvesting of timber, its transportation, processing, manufacturing, exporting, importing and selling; to this effect, stresses the need to address more effectively corruption linked to illegal logging through specific illegal logging-related anti-corruption provisions that are enforceable and effectively implemented; recalls the importance of adequate access to justice, legal remedies and effective protection for whistleblowers in natural resources exporting countries in order to ensure the efficiency of any legislation or initiative; calls on the EU and its Member States to strengthen forest diplomacy in its external climate policy on this line;

Amendment 2 #

Draft opinion
Paragraph -1 a (new)

-1 a. Stresses that open trade is a driver of prosperity by deepening economic ties; takes the view that the FTA and IPA will benefit Vietnam, as trade and investment fuel continued economic growth, bringing the country closer to its target of becoming an advanced industrialised economy;

Amendment 3 #

Draft opinion
Paragraph -1 b (new)

-1 b. Reminds that the EU’s trade policy promotes its values and respect for human rights; stresses that opening up of the economic space should go hand in hand with improvements of the political life and the human rights situation in Vietnam;

Amendment 4 #

Draft opinion
Paragraph 1

1. ~~Urg~~Deplores the ~~EU and Vietnam to use the provisions of the Free Trade Agreement (~~refusal of the European Commission to carry out a prior human rights impact assessment of the EU-Vietnam Free Trade agreement, in spite of serious concerns regarding the protection of human rights in Vietnam, especially in relation to freedom of expression, association and the right to organise and collective bargaining for trade unions; urges the EU and Vietnam to use the provisions in the FTA) to, inter alia~~, help to~~ contribute to the strengthening of human rights in Vietnam; reiterates the importance of athe well- developed bilateral EU- and Vietnam Human Rights Dialogue; recalls the EUnion’s commitment, under its Strategic Framework and Action Plan on Human Rights and Democracy, to systematically include human rights in its impact assessments, as and when they are carried out, including for trade agreements that have a significant economic, social and environmental impacts;

Amendment 5 #

Draft opinion
Paragraph 1

1. ~~Urg~~Welcomes the ~~EU and Vietnam to use the provisions of the Free Trade Agreement (FTA) to, inter alia, help to~~institutional framework and procedures under the EU- Vietnam PCA and FTA which will provide the EU with an enhanced basis for actively promoting respect for human rights and sustainable development in its relations with Vietnam; urges the EU and Vietnam to make full use of the provisions in the FTA in order to contribute to the strengthening of human rights in Vietnam; reiterates the importance of athe well- developed bilateral EU- and Vietnam Human Rights Dialogue; recalls the EUnion’s commitment, under its Strategic Framework and Action Plan on Human Rights and Democracy, to include human rights in its impact assessments, as and when they are carried out, including for trade agreements that have a significant economic, social and environmental impacts;

Amendment 6 #

Draft opinion
Paragraph 2

2. ~~Underlines the importance of~~Deplores the fact that the chapter on sustainable development is explicitly excluded from the mechanism for sanctions and resolution of disputes between States, which guarantees binding rights for transnational firms via the ICS arbitration mechanism, whereas the social and environmental standards are not binding due to the absence of a mechanism for sanction if these standards are not complied with; underlines the importance of mandatory and enforceable provisions in the chapter on trade and sustainable development into contribut~~ing~~e effectively to the strengthening of labour rights and environmental standards, including corporate responsibility and fair and ethical trade; notes, in this regard, that ~~the~~ ratification and implementation of core I~~nternational Labour Organisation (ILO) conventions~~LO conventions, notably Convention 98 on the Right to Organise and Collective Bargaining, Convention 105 on the Abolition of Forced Labour and Convention 87 on the Freedom of Association and Protection of the Right to Organise, is key to ensuring ~~that~~ the FTA does not contribute to a race to the bottom; urges the Vietnamese Ggovernment to commit to a speedy reform of its labour code including ~~the~~ ratification and implementation of ~~the~~ outstanding core ILO cConventions ~~and establis~~with a clear timetable for ~~its~~ progress, prior to ~~the~~ European Parliament’s ratification of the FTA;

Amendment 7 #

Draft opinion
Paragraph 2

2. ~~Underlines the importance of the~~Welcomes the inclusion of a robust, comprehensive and binding chapter on tTrade and sSustainable dDevelopment, dealing in an integrated manner with labour and environmental matters in the context of the Union’s trade relations with Vietnam; underlines the importance of this chapter in contributing to the strengthening of labour rights and environmental standards, including corporate responsibility and fair and ethical trade; notes, in this regard, that ~~the~~ ratification and implementation of core I~~nternational Labour Organisation (ILO) conventions is key to ensuring that the FTA does not c~~LO conventions is key to ensuring the FTA does not contribute to a race to the bottom; notes the steps taken by Vietnam regarding the drawing up of a revised version of its Labour Code, as well as the expected ratification of ILO Convention no. 98 on the right to organise and collective bargaining in 2019; takes the view that advancing swiftly on these issues will demonstr~~ibute to a~~ ate Vietnam’s commitment to workers rights and provide reassurance ~~to the bottom~~s that the country will comply with the labour obligations contained in the EU-Vietnam FTA; urges therefore the Vietnamese Ggovernment to ~~commit to a speedy~~speed up the reform of its labour code including ~~the~~ ratification and implementation of ~~the~~ outstanding core ILO cConventions ~~and establis~~, with a clear timetable for ~~its~~ progress~~, prior to the European Parliament’s ratification of the FTA~~; calls on the Commission to monitor closely and keep the Parliament regularly informed about developments in this area;

Amendment 8 #

Draft opinion
Paragraph 3

3. ~~Emphasises the importance of the full involvement of civil society organisations (CSOs) for the purposes of~~Welcomes the introduction of provisions ensuring transparency and inclusiveness in the decision-making process; emphasises the importance of full involvement of CSOs in implementing and monitoring the provisions of the FTA; urges both parties to ~~initiate the requisite~~begin the necessary procedures to establish the Domestic Advisory Group ~~(DAG)~~ as soon as possible; notes that the DAG must be genuinely representative of civil society ~~and~~, includeing participants ~~that~~ representing organisations advocating the advancement of human rights, labour rights and environmental protection; welcomes the Commission’s readiness to step up support for civil society during the implementation of the FTA with Vietnam, as well as its intention to enhance technical and logistical support to DAGs and other mechanisms of civil society participation as this will be crucial for ensuring transparency and their meaningful involvement;

Amendment 9 #

Patrizia TOIA, Pierfrancesco MAJORINO, Evin INCIR, Marc TARABELLA

Draft opinion
Paragraph 4

4. Recalls its concern atwith the general human rights situation in Vietnam, as well as with the increasingly restrictive approach of the Vietnamese authorities with regard to ~~the~~ freedom of expression and other freedoms; recalls the ~~close~~ linksage between the FTA and ~~the Partnership and Cooperation Agreement (PCA) and~~PCA and stresses that making improvements of human rights should be a central element of the EU’s engagement with Vietnam; urges the Commission to use all available tools in the aAgreements, including suspension when needed, to protect and promote fundamental freedoms;

source: 632.812

2019/10/07 DEVE 36 amendments...

Amendment 1 #

Draft opinion
Paragraph -1 a (new)

-1a. Notes that Article 21 of the Treaty on European Union stipulates that the actions of the Union on the international scene shall be guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law;

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses the need to respect the principle of policies aligned with development cooperation objectives in accordance with Article 208 TFEU;

Amendment 11 #

Draft opinion
Paragraph 2

2. Urges the Commission to ~~earmark specific funding for~~spare no effort in order to fulfil the key objectives of the TSD chapter, including through civil society organisations, such as the dDomestic aAdvisory gGroups (DAGs), ~~in order to fulfil the key objectives of the TSD chapter,~~ which include an increased monitoring of commitments together with the relevant Vietnamese authorities, the development of action plans for areas where concerns have been identified, including, but not limited to, deforestation and illegal fishing, and the triggering of dispute settlement processes in the event that action plans have not been respected;

Amendment 12 #

Draft opinion
Paragraph 2

2. Urges the Commission to earmark specific funding for civil society organisations, such as the domestic advisory groups (DAGs), in order to fulfil the key objectives of the TSD chapter, which include an increased monitoring of commitments, the development of action plans for areas where concerns have been identified, and the triggering of dispute settlement processes in the event that action plans have not been respected; regrets that the mandate of the DAGs is limited to monitoring the TSD Chapter only; regrets that the promotion of gender equality and women empowerment is not prominently mentioned in the FTA;

Amendment 13 #

Draft opinion
Paragraph 2 a (new)

2a. Stresses that, in the event of ratification of the agreement, it is essential to ensure full implementation and enforcement by Viet Nam of international law on intellectual property and trademark law and of the safeguards associated with protected geographical indications; is concerned at the insufficient protection afforded to certain protected geographical indications, which is in certain cases limited by transitional periods, for example ten years in the case of champagne;

Amendment 14 #

Draft opinion
Paragraph 2 a (new)

2a. Deplores the fact that no human rights impact assessment was ever carried out prior to the launching of negotiations in spite of serious concerns regarding the protection of human rights in Vietnam, notably following the decision of the European Ombudsman of 26 February 2016, which concluded that the refusal of the European Commission to carry out a prior human rights impact assessment of the EU/Vietnam Free Trade Agreement is unjustified and constitutes a case of maladministration;

Amendment 15 #

Draft opinion
Paragraph 3

3. ~~Congratulates~~Notes that Viet Nam onhas ratif~~ying~~ied only six of the ILO’s eight fundamental conventions, namely No 29 on forced labour, Nos 100 and 111 on non- discrimination, Nos 138 and 182 on child labour and, most recently, No 98 on the right to organise and collective bargaining; ~~urge~~asks the Vietnamese Government ~~to quick~~, if the proposed agreement enters into force, to promptly ratify outstanding convention No 105 on forced labour and No 87 on the freedom of association, and highlights the crucial importance of ~~ensur~~verifying that all of these conventions are ~~ful~~rigorously implemented if the agreement enters into force;

Amendment 16 #

Draft opinion
Paragraph 3

3. Congratulates, as a first step, Viet Nam on ratifying six of the ILO’s eight fundamental conventions, namely No 29 on forced labour, Nos 100 and 111 on non-discrimination, Nos 138 and 182 on child labour and, most recently, No 98 on the right to organise and collective bargaining; urges the Vietnamese Government to quickly ratify outstanding convention No 105 on forced labour and No 87 on the freedom of association, and highlights the crucial importance of ensuring that all of these conventions are fully implemented; into its legal system, prior to European Parliament ratification of the FTA; urges equally the Vietnamese Government to secure tangible improvements on human rights, i.e. by releasing all imprisoned human rights defenders and by repealing penal code provisions that criminalise free speech and association prior to ratification; more broadly, urges for the creation of an effective remedy and compensation mechanism for cases of human rights violations in the EVFTA;

Amendment 17 #

Draft opinion
Paragraph 3

3. Congratulates Viet Nam on ratifying six of the ILO’s eight fundamental conventions, namely No 29 on forced labour, Nos 100 and 111 on non- discrimination, Nos 138 and 182 on child labour and, most recently, No 98 on the right to organise and collective bargaining; urges the Vietnamese Government to quickly ratify outstanding convention No 105 on forced labour and No 87 on the freedom of association, and highlights the crucial importance of ensuring that all of these conventions are ~~ful~~rigorously implemented and enforced;

Amendment 18 #

Patrizia TOIA, Pierfrancesco MAJORINO, Evin INCIR, Marc TARABELLA

Draft opinion
Paragraph 3

Amendment 19 #

Draft opinion
Paragraph 3

3. ~~Congratulates~~Welcomes the commitment of Viet Nam ton ratifying six of the ILO’s eight fundamental conventions, namely No 29 on forced labour, Nos 100 and 111 on non- discrimination, Nos 138 and 182 on child labour and, most recently, No 98 on the right to organise and collective bargaining; urges the Vietnamese Government to quickly ratify outstanding convention No 105 on forced labour and No 87 on the freedom of association, and highlights the crucial importance of ensuring that all of these conventions are fully ~~implemented~~and promptly implemented in accordance with a clear timetable;

Amendment 2 #

Patrizia TOIA, Pierfrancesco MAJORINO, Evin INCIR, Marc TARABELLA

Draft opinion
Paragraph -1 b (new)

-1b. Recalls the European Parliament’s previous resolutions on the situation in Viet Nam, in particular the Resolutions of 14 December 2017 on freedom of expression in Viet Nam, of 9 June 2016 on Viet Nam, of 15 November 2018 on Viet Nam, in particular the situation of political prisoners;

Amendment 20 #

Draft opinion
Paragraph 3 a (new)

3a. Is concerned that, according to the International Labour Organisation, ‘many children are at risk of labour and sexual exploitation’ in Viet Nam, and that ‘recent reports indicate a rise in internal migration and the number of unregistered families and children found in urban centres’, making children and families particularly vulnerable to the abovementioned types of exploitation;

Amendment 21 #

Janina OCHOJSKA

Draft opinion
Paragraph 3 a (new)

3a. Highlights that according to Article 4.1(b) of Regulation 978/2012 (GSP Regulation), after FTA’s conclusion and entry into force the Socialist Republic of Vietnam will lose the status of an eligible country to benefit from tariff preferences provided under the general GSP arrangement, expresses hope that FTA will contribute to greater growth, development, and employment in the Socialist Republic of Vietnam than under the GSP arrangement;

Amendment 22 #

Draft opinion
Paragraph 4

4. ~~Welcom~~Notes Viet Nam’s commitment to revise and quickly ratify its Labour Code, highlighting the importance of the promotion and practical enforcement of gender equality and female empowerment; reiterates that gender inequality should no longer be seen as a purely social issue, but as an economic one that presents a key challenge to attaining inclusive and sustainable growth; notes with concern that, according to the International Labour Organisation, girls are particularly at risk of labour or sexual exploitation in Viet Nam; calls on the Commission to monitor developments closely and to keep Parliament regularly updated on the situation.;

Amendment 23 #

Draft opinion
Paragraph 4

4. Welcomes Viet Nam’s commitment to revise and quickly ratify its Labour Code, which shall allow effectively the formation of independent trade unions; highlight~~ing~~ the importance of the promotion and practical enforcement of gender equality and female empowerment; reiterates that gender inequality should no longer be seen as a purely social issue, but as an economic one that presents a key challenge to attaining inclusive and sustainable growth; calls on the Commission to monitor developments closely and to keep Parliament regularly updated on the situation.

Amendment 24 #

Draft opinion
Paragraph 4

4. Welcomes Viet Nam’s commitment to revise and quickly ratify its Labour Code, in order to promote decent work for all, highlighting the importance of ~~the promotion and~~ practical enforcement of gender equality ~~and~~, female empowerment and child protection; reiterates that gender inequality should no longer be seen as a purely social issue, but as an economic one that presents a key challenge to attaining inclusive and sustainable growth; calls on the Commission to monitor developments closely and to keep Parliament regularly updated on the situation.

Amendment 25 #

Draft opinion
Paragraph 4

4. Welcomes Viet Nam’s commitment to revise and quickly ratify its Labour Code, highlighting the importance of the promotion and practical enforcement of gender equality and female empowerment; reiterates that gender inequality should no longer be seen as a purely social issue, but as an economic one that presents a key challenge to attaining inclusive and sustainable growth; encourages the Vietnamese authorities to cut working time in the private sector from 48 hours per week to 40 hours per week; calls on the Commission to monitor developments closely and to keep Parliament regularly updated on the situation.

Amendment 26 #

Draft opinion
Paragraph 4 a (new)

4a. Points out that arbitrary expropriation are common phenomena in Vietnam where the land belongs to the State; expresses its concern that the new export opportunities offered by the EU - Vietnam agreement for the European agri-food industry may exacerbate land conflict, while undermining family farming;

Amendment 27 #

Patrizia TOIA, Pierfrancesco MAJORINO, Evin INCIR, Marc TARABELLA

Draft opinion
Paragraph 4 a (new)

4a. Underlines the need for corrective measures in response to any infringements of human rights or commitments entered into under the Paris Agreement; points out that the chapter on sustainable development needs to be closely and rigorously monitored and enforcement thereof treated as a priority;

Amendment 28 #

Draft opinion
Paragraph 4 a (new)

4a. Recalls that ILO conventions no 87 and 98 are crucial with a view to the constitution of Domestic Advisory Groups under the EU-Viet Nam Free Trade Agreement; Emphasises the importance of full involvement of CSOs and NGOs in implementing and monitoring the provisions of the FTA; notes that the DAG must be genuinely representative of civil society, including participants representing organisations advocating the advancement of human rights, labour rights and environmental protection;

Amendment 29 #

Patrizia TOIA, Pierfrancesco MAJORINO, Evin INCIR

Draft opinion
Paragraph 4 b (new)

4b. Recalls the importance to adapt trade policies to support national efforts to combat climate change in order to comply with the Paris Agreement; stresses in this context the need to make EU- Vietnam Free Trade Agreement (EVFTA) consistent with EU-FLEGT agreement with Vietnam, notably by including in its trade and sustainable development (TSD) chapters binding and enforceable provisions to halt illegal logging, deforestation, forest degradation and land grabbing; stresses the importance of effective monitoring of these provisions and sanctions mechanisms that allow individuals and communities, outside or within the EU, to seek redress; in particular, underlines that this mechanism must give special consideration to the rights of indigenous peoples, forest-dependent communities, and the rights granted under ILO Convention C169 on Indigenous and Tribal Peoples where applicable;

Amendment 3 #

Draft opinion
Paragraph -1 c (new)

-1c. Urges the EU and Vietnam to make full use of the provisions in the FTA in order to contribute to the strengthening of human rights in Vietnam; reiterates the importance of the well-developed bilateral EU and Vietnam Human Rights Dialogue, notably under the institutional framework and procedures under the FTA and Investment Protection Agreement (IPA); recalls the Union’s commitment, under its Strategic Framework and Action Plan on Human Rights and Democracy, to systematically include human rights in its impact assessments as and when they are carried out, including for trade agreements that have a significant economic, social and environmental impacts;

Amendment 30 #

Patrizia TOIA, Pierfrancesco MAJORINO, Marc TARABELLA

Draft opinion
Paragraph 4 b (new)

4b. Notes that Viet Nam is one of the countries most vulnerable to the effects of climate change, in particular extreme weather events such as storms and floods; urges the Government of Viet Nam to introduce effective adaptation measures and to ensure the effective implementation of legislation relating to environmental and biodiversity protection.

Amendment 31 #

Draft opinion
Paragraph 4 b (new)

4b. Points out that full implementation of the above ILO conventions would also require a revision of social legislation, the Penal Code and the Code of Criminal Procedure currently in force in Viet Nam;

Amendment 32 #

Patrizia TOIA, Pierfrancesco MAJORINO, Marc TARABELLA

Draft opinion
Paragraph 4 c (new)

4c. Expresses its concern about the impact of the new stringent provisions on Intellectual Property Rights on Vietnamese access to medicine; calls for the removal of such restrictions to protect the right of access to generic medicines and to healthcare.

Amendment 33 #

Draft opinion
Paragraph 4 c (new)

4c. Welcomes the legal link between the EVFTA/IPA and the EU-Viet Nam Partnership and Cooperation Agreement (PCA); in the framework of the PCA asks the Commission to actively promote projects in the field of tackling child and forced labour for women in order to improve the working conditions of these groups; urges the Commission to use all available tools in the Agreements, including suspension when needed, to protect and promote fundamental freedoms;

Amendment 34 #

Patrizia TOIA, Pierfrancesco MAJORINO, Marc TARABELLA

Draft opinion
Paragraph 4 d (new)

4d. Recalls that the E.C. issued a “yellow card” to Vietnam in October 2017, in view of his failure to tackle effectively illegal, unreported, and unregulated (IUU) fishing; urges the Vietnamese government to comply effectively with EU recommendations prior to the ratification of EVFTA.

Amendment 35 #

Draft opinion
Paragraph 4 d (new)

4d. Underlines that addressing the abovementioned concerns is a key prerequisite to consider recommending that Parliament gives its consent to the proposal for Conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (INTA/8/14829); asks the Commission to fully engage into close monitoring of all developments in the areas of concern and to propose a suspension, if deemed necessary, at any stage;

Amendment 36 #

Draft opinion
Paragraph 5 (new)

5. Notes the persistence in Vietnam of cases of human and social rights violations, and that more efforts are needed in this regard by the Vietnamese authorities. Call the Vietnamese government for a moratorium on the death penalty, with a view to its full abolition.

Amendment 4 #

Draft opinion
Paragraph 1

1. Welcomes the inclusion of a comprehensive and binding chapter on Trade and Sustainable Development (TSD) with explicit references to Multilateral Environmental Agreements, the Paris Agreement and the 2030 Agenda for Sustainable Development; is nevertheless concerned about allegations of possible infringements by Viet Nam of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the lack of convincing results in combating illegal fishing, Viet Nam having been ‘pre-identified’ in 2017 as a non-cooperating country in the area of illegal, unreported and unregulated fishing, and the absence of any progress noted by the European Commission in this area in 2018; accordingly warns against the risks of deforestation and illegal fishing;

Amendment 5 #

Draft opinion
Paragraph 1

1. Welcomes the inclusion of a comprehensive and binding chapter on Trade and Sustainable Development (TSD) with explicit references to Multilateral Environmental Agreements, the Paris Agreement and the 2030 Agenda for Sustainable Development; deplores, however, that the chapter on sustainable development is explicitly excluded from the state to state dispute settlement mechanism which provides for a suspension of trade preferences; underlines the importance of mandatory and enforceable provisions in the chapter on trade and sustainable development to contribute effectively to the strengthening of labour rights and environmental standards, including corporate responsibility;

Amendment 6 #

Patrizia TOIA, Pierfrancesco MAJORINO, Evin INCIR, Marc TARABELLA

Draft opinion
Paragraph 1

1. ~~Welcomes~~Takes note of the inclusion of a comprehensive and binding chapter on Trade and Sustainable Development (TSD) with explicit references to Multilateral Environmental Agreements, the Paris Agreement and the 2030 Agenda for Sustainable Development; regret the absence of effective monitoring and enforcement mechanisms;

Amendment 7 #

Draft opinion
Paragraph 1

1. ~~Welcomes~~Underlines the importance of the inclusion of a comprehensive and binding chapter on Trade and Sustainable Development (TSD) with explicit references to Multilateral Environmental Agreements, the Paris Agreement and the 2030 Agenda for Sustainable Development;

Amendment 8 #