2018/0358M(NLE) | [ParlTrack]

Draft opinion
Paragraph 1

1. ~~Expresses regret at the fact that no human rights impact assessment was carried out by the EU prior to the launching of negotiations; reaffirms in the strongest possible terms that th~~Notes the lack of a human rights impact assessment by the European Commission prior to the launching of negotiations; acknowledges that the Commission responded to calls for a separate human rights impact assessment by conducting talks with stakeholders and subsequently drawing up a detailed document1a discussing in depth the FTA and IPA human rights and sustainability implications; stresses the importance of the implementation of the FTA and IPA and calls for swift adoption of the flanking measures identified in this area; recalls that an accurate assessment of the impacts of the EU-Vietnam FTA and IPA agreements will be made during the ex- post evaluation that will be pcartrie~~s to the Investment Protection Agreement (~~d out by the Commission, including through an extensive consultation of stakeholders; reaffirms in the strongest terms that the parties to the IPA) a~~nd the~~s well as investors protected by ~~it must abide by~~the IPA must respect all international human rights standards and obligations, in addition to those arising from domestic laws; reiterates its calls on the European Commission to carry out independent human rights impact assessments and ~~undertake~~conduct prior consultation with ~~the~~ individuals and communities wh~~ich could~~o may be affected by trade and investment agreements before the conclusion of future agreements; __________________ 1a Commission Staff Working Document, Human Rights and Sustainable Development in the EU-Vietnam Relations with specific regard to the to the EU-Vietnam Free Trade Agreement, SWD(2016)21 final, 26.1.2016.

Amendment 2 #

Draft opinion
Paragraph 1

1. ~~Expresses regret at~~Deplores the flac~~t that no~~k of a human rights impact assessment ~~was carried out~~ by the EU prior to the launching of negotiations~~; reaffirms in the strongest possible terms that the parties to the Investment Protection Agreement (IPA) and the~~ particularly 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; recalls that the European Ombudsman, as well as the European Parliament in its urgency resolutions of 9 June 2016, 14 December 2017 and 15 November 2018, notify serious concerns regarding the protection of the human rights in Vietnam especially in relation to freedom of expression, assembly and association, religious freedom, and as regards detention of human rights activists and violence against women; reaffirms in the strongest terms that the parties to the IPA as well as investors protected by ~~it must abide by~~the IPA must respect all international human rights standards and obligations, in addition to those arising from domestic laws; calls on the European Commission to carry out independent human rights impact assessments and ~~undertake~~conduct prior consultation with ~~the~~ individuals and communities wh~~ich could~~o may be affected by trade and investment agreements before signature and ratification of EU-Vietnam IPA agreement and the conclusion of future agreements;

Amendment 3 #

Draft opinion
Paragraph 2

2. Notes with concern that ~~the~~ protections afforded to investors are outpacing the development of investor responsibilities~~; underl~~ as EU-Vietnam IPA guarantees enforceable rights to foreign investors, through the arbitration clause, but does not provide a mechanism for sanction for non- compliance with social and environmental standards; reiterates the need to give primacy for human rights and to social and environmental standards over the rights of inves,tors; underlines in this regard, the importance of an independent monitoring and complaint mechanism that can be ~~utilised by the~~seized by affected populations ~~affected~~ and that has the authority to ~~provide for~~make binding rulings with regard to the negative impact ofthat trade and investments agreements may have on human rights;, including through sanctions; further calls ~~for~~on the EU and Vietnam to take a leading role in addressing this ~~issue at~~ at multilateral level~~, by taking an active part in UN~~ through active participation in negotiations at the UN for a legally binding instrument to regulate, in international human rights law, the activities of ~~multi~~transnational corporations and other business enterprises;, which ensures access to justice for victims of human rights violations and provide mechanisms for redress and accountability for the communities affected.

Amendment 4 #

Draft opinion
Paragraph 2

2. Notes with concern that ~~the~~ protections afforded to investors are outpacing the development of investor responsibilities; underlines, in this regard, the importance of an independent monitoring and complaint mechanism ~~that can be utilised by the populations affected and that has the authority to provide for binding rulings with regard to the~~regarding the potential negative impact ofthat trade and investments agreements may have on human rights; further calls ~~for~~on the EU and Vietnam to take a leading role in addressing this ~~issue~~ at a multilateral level~~, by taking an active part in UN~~ through active participation in constructive negotiations at the UN for a legally binding instrument to regulate, ~~in international human rights law~~at global level, the activities of ~~multi~~transnational corporations and other business enterprises;

Amendment 5 #

Draft opinion
Paragraph 3

3. Calls on the Parties to protect ~~civil society organisations (~~CSOs) and human rights defenders ~~which seek~~; takes the view that investment and trade agreements provide an opportunity to address the ~~harmful~~ respe~~rcussions of trade~~ct of human rights in Vietnam, notably by providing and in~~vestment agreements for human rights and safeguard the environment from any attacks that might ensue;~~ stitutional framework for systematically raising these issues; calls on the Commission and Member States to use these opportunities fully in order to improve the human rights situation in Vietnam;

Amendment 6 #

Draft opinion
Paragraph 4

4. Recalls that Vietnam is a developing country; ~~emphasis~~underlines that in order to ~~help~~ contribute to reachi~~eve~~ng the Sustainable Development Goals, ~~notably~~in particular SDG 1 on poverty eradication, SDG 8 on decent work and SDG 10 on reduced inequalities, investment must ~~serve to foster~~contribute to the creation of quality jobs, support the local econom~~ies~~y, family farming, and fully respect domestic regulations, including tax requirements;

Amendment 7 #

Draft opinion
Paragraph 7

7. Recognises that the Investment 7. Court System ~~(ICS)~~ marks an improvement from the ~~current b~~existing Bilateral iInvestment tTreaties between 21 EU Member States and Vietnam related to the independence of judges and the possibility of appeal; welcomes the use of UNCITRAL transparency rules ~~from the UN Commis~~in dispute settlement provisions; but underlines that ICS fails to reform the most contentious substantive provisions o~~n International Trade Law (UNCITRAL) in dispute settle~~f foreign investment protection, in particular the principles of “indirect expropriation” and of “fair and equitable treatment”, which weaken the Parties’ right to regulate and pursue legitimate public policy objectives, such as public health and environmental pro~~vis~~tections; emphasises that the protection of legitimate public policy decisions and the right to regulate must not be challenged byv investors; insists on regular monitoring and reporting back to the European Parliament on ~~how European investors make use of the ICS.~~the use of this provision by European investors;

Amendment 8 #

Draft opinion
Paragraph 7

7. Recognises that the Investment Court System ~~(ICS)~~ marks an improvement from the ~~current b~~existing Bilateral iInvestment tTreaties between 21 EU Member States and Vietnam; welcomes the use of UNCITRAL transparency rules ~~from the UN Commission on International Trade Law (UNCITRAL)~~ in dispute settlement provisions; emphasises that the protection of legitimate public policy decisions and the right to regulate must ~~not be challenged by investors~~be ensured during the implementation of the agreement; insists on regular monitoring and reporting back to the European Parliament on ~~how European investors make use of the ICS.~~the use of this provision by European investors;

source: 632.840

2019/10/07 DEVE 17 amendments...

Amendment 1 #

Draft opinion
Recital A (new)

A. whereas the last decades have seen billion-dollar investor lawsuits against the alleged damage to corporate profit of legislation and government measures in the public interest. Whereas according to UNCTAD, the new ISDS cases in 2018 were initiated against 41 countries and as in previous years, the majority of new cases were brought against developing countries and transition economies. Developed-country investors brought most of the 71 known cases. Whereas ISDS has already been used in Vietnam, and actually, two companies are suing the Vietnamese government for receiving a tax bill after the takeover of one company (ConocoPhillips Vietnam) by another (Perenco)

Amendment 10 #

Draft opinion
Paragraph 2

2. Welcomes the use of the transparency rules of the United Nations Commission on International Trade Law (UNCITRAL) for dispute settlement, but underlines that the use of substantive provisions of foreign investment protection, in particular the principles of ‘indirect expropriation’ and of ‘fair and equitable treatment’, does not weaken the Parties’ right to regulate and pursue legitimate public policy objectives, ~~such as public health, safety and environmental protec~~particularly but not exclusively public health, safety and, generally speaking, any legitimate objectives relating to public order and environmental protection, while providing foreign investors with a certain degree of legal protection, specifically against expropriation; insists on regular monitoring and reporting back to the European Parliament on the use of this provision by European investors;

Amendment 11 #

Patrizia TOIA, Pierfrancesco MAJORINO, Marc TARABELLA, Udo BULLMANN

Draft opinion
Paragraph 2

2. ~~Welcomes~~Takes note of the use of the transparency rules of the United Nations Commission on International Trade Law (UNCITRAL) for dispute settlement, but underlines that the use of substantive provisions of foreign investment protection, in particular the principles of ‘indirect expropriation’ and of ‘fair and equitable treatment’, ~~does not~~ weaken the Parties’ right to regulate and pursue legitimate public policy objectives, such as public health, safety and environmental protection; insists on regular monitoring and reporting back to the European Parliament on the use of this provision by European investors;

Amendment 12 #

Draft opinion
Paragraph 3

3. Notes with concern that protections afforded to investors ~~could possibly~~are outpaceing the development of investor responsibilities as the EU-Vietnam Investment Protection Agreement (IPA) guarantees enforceable rights to foreign investors through the arbitration clause, but does not provide a sanction mechanism for non-compliance with social and environmental standards; reiterates the need to ensure a fair balance of investors’ rights and duties, in terms of corporate, social and environmental standards, in the IPA; underlines in this regard the importance of establishing an independent monitoring and complaint mechanism that can be seized by affected populations and that has the authority to make binding rulings with regard to the negative impact that trade and investment agreements may have.

Amendment 13 #

Draft opinion
Paragraph 3

3. Notes that protections afforded to investors could possibly outpace the development of investor responsibilities as the EU-Vietnam Investment Protection Agreement (IPA) guarantees enforceable rights to foreign investors through the arbitration clause, but does not provide a sanction mechanism for non-compliance with social and environmental standards; reiterates the need to ensure a fair balance of investors’ rights and duties, in terms of corporate, social and environmental standards and human rights in general, in the IPA; underlines in this regard the importance of establishing an independent monitoring and complaint mechanism that can be seized by affected populations and that has the authority to make binding rulings with regard to the negative impact that trade and investment agreements may have and stresses the need to keep the European Parliament informed of action taken through this mechanism in response to complaints concerning investors with registered offices in any of the Member States.

Amendment 14 #

Patrizia TOIA, Pierfrancesco MAJORINO, Marc TARABELLA, Evin INCIR

Draft opinion
Paragraph 3

3. Notes that protections afforded to investors ~~could possibly~~are outpaceing the development of investor responsibilities as the EU- Vietnam Investment Protection Agreement (IPA) guarantees enforceable rights to foreign investors through the arbitration clause, but does not provide a sanction mechanism for non-compliance with social and environmental standards; reiterates the need to ensure a fair balance of investors’ rights and duties, in terms of corporate, social and environmental standards, in the IPA; underlines in this regard the importance of establishing an independent monitoring and complaint mechanism that can be seized by affected populations and that has the authority to make binding rulings with regard to the negative impact that trade and investment agreements may have, including through sanctions; further calls on the EU and Vietnam to take a leading role in addressing this at multilateral level through active participation in negotiations at the UN for a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises, which ensures access to justice for victims of human rights violations and provide mechanisms for redress and accountability for the communities affected.

Amendment 15 #

Draft opinion
Paragraph 3 a (new)

3a. Reaffirms in the strongest terms that the parties to the IPA as well as investors protected by the IPA must respect all international human rights standards and obligations, in addition to those arising from domestic laws; calls on the Parties to take account of internationally agreed principles and instruments such as those of the OECD Guidelines for Multinational Enterprises and the UN guiding principles on business and human rights, as well as the UN Principles for Responsible Investment and Reporting;

Amendment 16 #

Patrizia TOIA, Pierfrancesco MAJORINO, Marc TARABELLA, Udo BULLMANN

Draft opinion
Paragraph 4 (new)

4. Calls for the abolition of all kind of arbitrations system in the Investment treaties that allow companies and investors to sue governments if new legislation and regulations for public interests undercut their ability to make profits;

Amendment 17 #

Stéphane BIJOUX

Draft opinion
Paragraph 4 (new)

4. Points out that the provisions of the Investment Protection Agreement and Free Trade Agreement must be implemented in a complementary manner, especially with regard to human, environmental and social rights and sustainable development; stresses also the need to ensure consistency with development cooperation objectives under Article 208 TFEU;

Amendment 2 #

Draft opinion
Paragraph -1 (new)

-1. Recalls that Vietnam is a developing country; underlines that in order to contribute to reaching the Sustainable Development Goals, in particular SDG 1 on poverty eradication, SDG 8 on decent work and SDG 10 on reduced inequalities, investment must contribute to the creation of quality jobs, support the local economy and fully respect domestic regulation including tax requirements;

Amendment 3 #

Draft opinion
Paragraph 1

1. Welcomes the Parties’ commitment to enhance the contribution of trade and investment to the goal of sustainable development in its economic, social and environmental dimensions; Acknowledges that the Investment Court System marks an improvement from the existing Bilateral Investment Treaties between 21 EU Member States and Vietnam with regard to the independence of judgesAcknowledges that the Investment Court System will replace the existing Bilateral Investment Treaties between 21 EU Member States and Vietnam with regard to ISDS mechanisms. Recalls that the ICS still remain an investment arbitration system and continues to give a privileged status to investors, and does not provide a sanction mechanism for investors non-compliance with social and environmental standard;

Amendment 4 #

Draft opinion
Paragraph 1

1. ~~Welcom~~Underlines the Parties’ commitment to enhance the contribution of trade and investment to the goal of sustainable development in its economic~~, social and environmental dimensions~~ and social dimensions, particularly with regard to international labour law resulting from the core conventions adopted by the International Labour Organisation, and in its environmental dimensions, in particular measures to combat deforestation and illegal fishing; acknowledges that the Investment Court System marks an improvement from the existing Bilateral Investment Treaties between 21 EU Member States and Vietnam with regard to the independence of judges;

Amendment 5 #

Draft opinion
Paragraph 1 a (new)

1a. Expresses its general concern at the increasing inclusion in recent EU free trade agreements of arbitration clauses referring to a specific court; stresses that such arrangements must be confined to cases involving the possibility of manifest and serious abuses and must not be allowed to compromise the sovereignty of the Member States;

Amendment 6 #

Draft opinion
Paragraph 1 a (new)

1a. Deplores the fact that no human rights impact assessment was ever carried out prior to the launching of negotiations; recalls that the European Ombudsman, as well as the European Parliament in its urgency resolutions of 9 June 2016, 14 December 2017 and 15 November 2018, notify serious concerns regarding the protection of the human rights in Vietnam especially in relation to freedom of expression, assembly and association, religious freedom, and as regards detention of human rights activists and violence against women; notes with great concern that the human rights situation in Vietnam keeps deteriorating, ever since the implementation of the Partnership and Cooperation Agreement (PCA) in 2012 and since the conclusion of the EVFTA in 2016, notably for human rights defenders in Vietnam;

Amendment 7 #

Patrizia TOIA, Pierfrancesco MAJORINO, Marc TARABELLA, Udo BULLMANN

Draft opinion
Paragraph 1 b (new)

1b. Reaffirms in the strongest terms that the parties to the IPA as well as investors protected by the IPA must respect all international human rights standards and obligations, in addition to those arising from domestic laws; takes the view that tangible improvements on human rights in Vietnam is a key precondition to the ratification of the Investment Protection Agreement and calls for the inclusion of an enforceable Human Right Clause, which include mechanism for redress and accountability in relation to communities affected, considering that the human rights mechanism under the Partnership and Cooperation Agreement (PCA) has proved to be ineffective to address grave and systematic human rights violations;

Amendment 8 #

Draft opinion
Paragraph 2

2. Welcomes the use of the transparency rules of the United Nations Commission on International Trade Law (UNCITRAL) for dispute settlement~~, but underlines that the use of substantive provis~~; emphasises that the protections of foreign investment protection, in particular the principles of ‘indirect expropriation’ and of ‘fair and equitable treatment’, does not weaken the Parties’ right to regulate and pursue legitimate public policy objectives, such as public health, safety and environmental protectionlegitimate public policy decisions and the right to regulate must not be challenged by investors; insists on regular monitoring and reporting back to the European Parliament on the use of this provision by European investors;

Amendment 9 #