Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | INTA | WINKLER Iuliu ( EPP) | HANSEN Christophe ( EPP), RODRÍGUEZ-PIÑERO Inma ( S&D), VEDRENNE Marie-Pierre ( Renew), BÜTIKOFER Reinhard ( Verts/ALE), KRAH Maximilian ( ID), FRAGKOS Emmanouil ( ECR), SCHOLZ Helmut ( GUE/NGL) |
Committee Opinion | PECH | MELO Nuno ( EPP) | Fredrick FEDERLEY ( RE), Ruža TOMAŠIĆ ( ECR), Francisco GUERREIRO ( Verts/ALE), Ivo HRISTOV ( S&D) |
Committee Opinion | AGRI |
Lead committee dossier:
Legal Basis:
TFEU 207-p3, TFEU 207-p4, TFEU 218-p6a, TFEU 218-p7
Legal Basis:
TFEU 207-p3, TFEU 207-p4, TFEU 218-p6a, TFEU 218-p7Subjects
Events
The European Parliament adopted by 645 votes to 22, with 18 abstentions, a legislative resolution on the draft Council decision on the conclusion of the agreement between the European Union and the government of the People's Republic of China on cooperation on, and protection of, geographical indications.
Parliament gave its consent to the conclusion of the agreement.
The agreement allows the protection of famous and valuable EU GIs in the Chinese market against imitation and usurpation. Under the deal, in a first phase, direct protection through the agreement of a list of 100 EU GIs and 100 Chinese GIs will be ensured as from the entry into force of the agreement.
In a second phase, within four years, an additional 175 GI names both from the EU and China will be protected under the Agreement. These names will have to follow the same registration procedure as the 100 names already covered by the agreement.
The agreement foresees the possibility to extend the scope after its entry into force to other product classes currently not covered under EU legislation, and in particular handicrafts.
The listed GIs will benefit from a very high level of protection going beyond the one offered under TRIPS, both for foodstuffs but also for wines and spirits.
PURPOSE: to conclude the Agreement between the European Union and the Government of the People's Republic of China on cooperation on, and protection of, geographical indications.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.
BACKGROUND: on 10 September 2010, the Council authorised the opening of negotiations with China with a view to reaching a broad and ambitious agreement on cooperation on geographical indications and their protection.
The conclusion of the Agreement is part of the EU’s overall strategy to promote the EU’s policy on geographical indications. The initiative aims to provide a high level of protection, at least at the level provided for in Article 23 of the TRIPS+ Agreement, for a range of EU GIs to be protected in the People's Republic of China and Chinese GIs to be protected in the EU. This initiative shall give a competitive advantage to producers of GI products.
CONTENT: the Council's draft aims to approve, on behalf of the Union, the Agreement between the EU and China on cooperation on, and protection of, geographical indications.
The Agreement establishes the conditions for a high level of protection on the Chinese market for the proposed geographical indications.
In line with the objectives set out in the negotiating directives, the Commission secured:
- a TRIPs-plus level of protection to EU geographical indications following the entry into force of the Agreement which provides protection against translation, transcription or transliteration, and against the use of the said geographical indications accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like in respect of a non-originating product;
- the protection of 175 additional geographical indications within four years of entry into force and a mechanism to add more geographical indications thereafter;
- the coexistence of geographical indications with legitimate earlier trademarks of which the vast majority belong to the legitimate owners of Europe.
The Agreement establishes a Joint Committee to amend the Annexes to the Agreement. The Council shall authorise the Commission to approve, on behalf of the Union, in the Joint Committee, modifications to Annexes I and III to VI to the Agreement.
Documents
- Final act published in Official Journal: Decision 2020/1832
- Final act published in Official Journal: OJ L 408I 04.12.2020, p. 0001
- Decision by Parliament: T9-0297/2020
- Committee report tabled for plenary, 1st reading/single reading: A9-0199/2020
- Committee report tabled for plenary, 1st reading/single reading: A9-0199/2020
- Committee opinion: PE657.257
- Legislative proposal published: 08359/2020
- Contribution: COM(2020)0213
- Contribution: COM(2020)0214
- Committee draft report: PE654.105
- Document attached to the procedure: 08361/2020
- Document attached to the procedure: COM(2020)0214
- Document attached to the procedure: EUR-Lex
- Preparatory document: COM(2020)0213
- Preparatory document: EUR-Lex
- Preparatory document: COM(2020)0213
- Preparatory document: EUR-Lex
- Document attached to the procedure: COM(2020)0214 EUR-Lex
- Preparatory document: COM(2020)0213 EUR-Lex
- Document attached to the procedure: 08361/2020
- Committee draft report: PE654.105
- Committee opinion: PE657.257
- Committee report tabled for plenary, 1st reading/single reading: A9-0199/2020
- Contribution: COM(2020)0213
- Contribution: COM(2020)0214
Votes
A9-0199/2020 - Iuliu Winkler - Procédure d'approbation #
Amendments | Dossier |
80 |
2020/0089(NLE)
2020/09/15
INTA
80 amendments...
Amendment 1 #
Motion for a resolution Citation 9 a (new) - having regard to the joint communication entitled “EU-China - A strategic outlook” (JOIN(2019)5),
Amendment 10 #
Motion for a resolution Recital E E. whereas the EU is globally reputed for the production of agri-food products which are subject to strict controls that guarantee their high value and their quality
Amendment 11 #
Motion for a resolution Recital E a (new) Ea. whereas all imported agri-food products must be checked and meet the health, safety and animal welfare requirements undertaken by EU producers across the agriculture supply chain;
Amendment 12 #
Motion for a resolution Recital F a (new) Fa. whereas in the EU there are more than 3,300 Geographical Indications registered;
Amendment 13 #
Motion for a resolution Recital H a (new) Ha. whereas the list of protected Geographical Indications must be implemented over the years, and that the simple coexistence of these with trademarks with an ambiguous name could not completely prevent the negative phenomenon of “sounding” towards EU products;
Amendment 14 #
Motion for a resolution Recital I a (new) Ia. whereas a Report from the European Union Intellectual Property Office, covering the period 2014-2016, from September 2016, sets the value of EU trade in counterfeit products in 2013 at 85 billion euros, with a potential damage above 10 billion euros;
Amendment 15 #
Motion for a resolution Recital J J. whereas the agreement builds up on the
Amendment 16 #
Motion for a resolution Recital L L. whereas European agri-food producers and exporters have to operate in a difficult
Amendment 17 #
Motion for a resolution Recital L a (new) La. whereas this agreement is an important first step and should be extended as soon as possible to protect many EU GIs that are still excluded;
Amendment 18 #
Motion for a resolution Recital M a (new) Ma. whereas European agri-food producers and exporters are being highly exposed to unfair trading practices imposed by state-owned enterprises; taking note that EU-China relations are marked by an asymmetry in market access and the absence of an effective level playing-field able to ensure fair access to the Chinese market for these EU producers and exporters;
Amendment 19 #
Motion for a resolution Recital N N. whereas this agreement
Amendment 2 #
Motion for a resolution Citation 9 a (new) - having regard to the joint communication entitled “EU-China - A strategic outlook” (JOIN(2019)5),
Amendment 20 #
Motion for a resolution Recital N Amendment 21 #
Motion for a resolution Recital P a (new) Pa. whereas the People’s Republic of China may have different social and environmental standards than the ones required in the European Union;
Amendment 22 #
Motion for a resolution Paragraph 1 1. Welcomes the conclusion of the
Amendment 23 #
Motion for a resolution Paragraph 1 1
Amendment 24 #
Motion for a resolution Paragraph 1 1. Welcomes the
Amendment 25 #
Motion for a resolution Paragraph 2 2. Underlines the importance of the EU strategic relationship with China; highlights that trade and investment should be rules-based and value-based, with a multilateral trade system at its core; stresses that EU trade relations require full respect for human rights; is deeply concerned at the reported exploitation of Uighur people in Chinese factories, including in factories belonging to EU companies’ value chains;
Amendment 26 #
Motion for a resolution Paragraph 2 2. Underlines the importance of the EU strategic relationship with China; highlights that trade and investment should be rules-based and value-based, with a multilateral trade system at its core; asks China to play a more active part in the WTO and other multilateral initiatives;
Amendment 27 #
Motion for a resolution Paragraph 2 2. Underlines the importance of the EU
Amendment 28 #
Motion for a resolution Paragraph 2 a (new) 2a. Points out that counterfeiting costs the EU Member States EUR 60 billion per year; calls for financial penalties to be introduced for companies that disregard geographical indications and counterfeit products covered by a geographical indication;
Amendment 29 #
Motion for a resolution Paragraph 2 2. Underlines the strategic importance of
Amendment 3 #
Motion for a resolution Citation 10 a (new) - having regard to its resolution of 6 October 2015 on the possible extension of geographical indication protection of the European Union to non-agricultural products,
Amendment 30 #
Motion for a resolution Paragraph 2 a (new) 2a. Points out that achieving this agreement sends a positive signal to the international community, including multilateral institutions, that committed partners can be able to find solutions, and to bridge their differences;
Amendment 31 #
Motion for a resolution Paragraph 3 3. Welcomes the high level of protection for a list of 100 European and 100 Chinese Geographical Indications protected under the agreement, going beyond the current level of protection granted under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights in particular for foodstuffs but also for wines and spirits; notes the protection of another 175 Geographical Indications from respectively the EU and China is foreseen within 4 years after entry into force of the agreement, and calls on the Commission to keep Parliament duly informed on the progress of the negotiations towards the extension of the agreement;
Amendment 32 #
Motion for a resolution Paragraph 3 3. Welcomes the high level of protection for a list of 100 European Geographical Indications protected under the agreement, going beyond the current level of protection granted under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights in particular for foodstuffs but also for wines and spirits; notes the protection of another 175 Geographical Indications from respectively the EU and China is foreseen within 4 years after entry into force of the agreement, encourages the Commission and China to quickly proceed to identifies the new GIs to be included and proceed with the extension of this Agreement; calls on the Commission to keep Parliament duly informed on the progress of the negotiations towards the
Amendment 33 #
Motion for a resolution Paragraph 3 3.
Amendment 34 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Commission to make progress in the implementation of a more ambitious agreement to extend the number of European GIs protected in China; urges for a stronger monitoring of market access of European products during the implementation of this Agreement and asks for a swift ratification; notes that the EU has more than 3,300 protected indications and stresses the importance of protecting in the coming years as many indications as possible in the EU-China agreement that meet the criteria;
Amendment 35 #
Motion for a resolution Paragraph 4 4. Notes that the EU has a large trade deficit with China, but reminds that in the area of agri-food products the EU has a trade surplus; calls for reciprocity and compliance with European food, plant and animal safety standards to avoid unfair competition;
Amendment 36 #
Motion for a resolution Paragraph 4 a (new) 4a. Points out that customs cooperation is vital to combating counterfeiting; calls on China to ensure that such cooperation is sincere, active and effective by renewing the strategic framework for customs cooperation for 2021-2023 in order to optimise the fight against counterfeiting of products covered by a geographical indication;
Amendment 37 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls on the Commission to keep Parliament duly informed on the progress of the negotiations towards the extension of the agreement;
Amendment 38 #
Motion for a resolution Paragraph 4 b (new) 4b. Stresses that protected designations of origin (PDOs) offer greater protection than protected geographical indications (PGIs); calls for any agreement concluded with the People’s Republic of China to include a clause facilitating the movement of PDO products;
Amendment 39 #
Motion for a resolution Paragraph 5 5.
Amendment 4 #
Motion for a resolution Citation 10 a (new) - having regard to the outcome of the WTO dispute settlement case opposing China to the EU regarding the non- market economy treatment in anti- dumping as in line with the European Parliament position in May 2016, which marks the end of the status of China as a market1a; _________________ 1a.European Parliament resolution of 12 May 2016 on China’s market economy status
Amendment 40 #
Motion for a resolution Paragraph 5 Amendment 41 #
Motion for a resolution Paragraph 5 5. Notes that the EU has a large trade deficit with China
Amendment 42 #
Motion for a resolution Paragraph 5 5. Recognizes the rich European and Chinese heritages in traditional food products and the importance of GI protection in this regard; recalls the significance of promoting the EU’s GI protection model as a strategically important tool for safeguarding the authenticity of EU products;
Amendment 43 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses the need to step up protection and customs cooperation in the context of the global expansion of trade linked to e-commerce;
Amendment 44 #
Motion for a resolution Paragraph 6 6. Regrets that despite protection under the agreement, some of the EU Geographical Indications
Amendment 45 #
Motion for a resolution Paragraph 6 6. Regrets that despite protection under the agreement, some of the EU Geographical Indications like cheese products cannot be exported to China due to Chinese food import standards; asks the Commission to continue the dialogue with China to recognize EU food safety standards, which are among the highest in the world;
Amendment 46 #
Motion for a resolution Paragraph 6 6. Regrets that despite protection under the agreement, some of the EU Geographical Indications
Amendment 47 #
Motion for a resolution Paragraph 6 a (new) 6. Stresses that the agreement endorses the positive impact that protected geographical indications have on the quality of food, producers’ working conditions, biodiversity conservation and the protection of the countryside;
Amendment 48 #
Motion for a resolution Paragraph 7 7. Regrets that despite protection under the agreement,
Amendment 49 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls for the agreement to apply to all the geographical indications covered a clause designed to introduce protection similar to the ‘additional protection’ provided for in the TRIPS agreement (‘Lisbon Agreement’) so that the names of geographical indications constitute an exclusive domain name and cannot be used in deliberately altered formulations which could potentially mislead consumers;
Amendment 5 #
Motion for a resolution Recital B B. whereas the EU is the largest agri- food exporter in the world, and achieved a
Amendment 50 #
Motion for a resolution Paragraph 7 b (new) 7b. Asks the Commission, EEAS and their delegations in China to monitor the GIs registration process in China and to support European GIs owner in case of difficulties;
Amendment 51 #
Motion for a resolution Paragraph 8 8. Stresses the importance of Geographical Indications within the intellectual property rights and highlights the importance of efforts directed at fighting counterfeit products; in this regard, welcomes the approval and implementation of the new Chinese legislation on IPR protection; encourages the Commission to continue cooperation with China in the area of Intellectual Property Rights, and asks the Commission
Amendment 52 #
Motion for a resolution Paragraph 8 8. Stresses the importance of Geographical Indications within the intellectual property rights and highlights the importance of efforts directed at fighting counterfeit products; encourages the Commission to continue cooperation with China in the area of Intellectual Property Rights, and asks the Commission to keep on supporting EU companies through the IPR helpdesk; highlights the added value of cooperating with bodies such as the EU Intellectual Property Office in the proper monitoring and enforcement;
Amendment 53 #
Motion for a resolution Paragraph 8 8. Stresses the importance of Geographical Indications within the
Amendment 54 #
Motion for a resolution Paragraph 8 a (new) 8a. Recalls the importance of extending the geographical indication protection of the European Union to non- agricultural products;
Amendment 55 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes that, in the last report on the protection and enforcement of intellectual property rights, more than 80 % of the seizure of counterfeit and pirated goods originate from China, both in 2018 and 2019; calls on the Commission to explore further tools to address these issues and guarantee a full protection of IPRs;
Amendment 56 #
Motion for a resolution Paragraph 9 9. Underlines the importance of effective implementation and proper enforcement in the market place of the agreed provisions of the Agreement; reiterates the European Parliament’s determination to monitor and scrutinize the correct application of the Agreement; in this regard, calls on the Commission to inform the Parliament about the implementation of the Agreement 2 years after entry into force; welcomes the newly appointed Chief Trade Enforcement Officer and highlights the crucial role that he will play in monitoring and improving the compliance of this agreement;
Amendment 57 #
Motion for a resolution Paragraph 9 9. Underlines the importance of effective implementation and proper enforcement in the market place of the agreed provisions of the Agreement; reiterates the European Parliament’s determination to monitor and scrutinize the correct application of the Agreement; in this regard, calls on the Commission to inform the Parliament annually about the implementation of the Agreement
Amendment 58 #
Motion for a resolution Paragraph 9 9. Underlines the importance of effective implementation and proper enforcement in the market place of the agreed provisions of the Agreement; reiterates the European Parliament’s determination to monitor and scrutinize the correct application of the Agreement; in this regard, calls on the Commission to inform the Parliament about the implementation of the Agreement 2 years after entry into force and about the ongoing strict controls and testing on all imported products from China in order to detect and fight counterfeit and fraudulent food products;
Amendment 59 #
Motion for a resolution Paragraph 9 9. Underlines the importance of effective implementation and proper enforcement in the market place of the agreed provisions of the Agreement; underlines the crucial role of the newly appointed Chief Trade Enforcement Officer in the monitoring of the implementation of this agreement and asks him to immediately react in case of any dysfunctioning in the implementation; reiterates the European Parliament’s determination to monitor and scrutinize the correct application of the Agreement; in this regard, calls on the Commission to inform the Parliament about the implementation of the Agreement
Amendment 6 #
Ba. whereas the average value of products with a protected designation is twice as high as that of products without a certification;
Amendment 60 #
Motion for a resolution Paragraph 10 10. Highlights that the Economic and Trade Agreement between the United States and China that entered into force on 14 February 2020, the so-called US - China Phase One deal should be implemented in a non-discriminatory manner, particularly and in full compliance with WTO rules as well as with the commitments taken in the
Amendment 61 #
Motion for a resolution Paragraph 10 10.
Amendment 62 #
10a. Expresses deep concern for the many barriers that EU businesses and farmers face in accessing and operating on the Chinese market, due to China’s state-led system; considers that fair competition between EU and Chinese companies would lead to more opportunities and greater innovation, and urges the Commission to continue working with the Chinese authorities to dismantle those barriers;
Amendment 63 #
Motion for a resolution Paragraph 11 11. Stresses the
Amendment 64 #
Motion for a resolution Paragraph 11 11. Stresses the urgent need to further improve the level playing field between the EU and China in other areas with a particular attention to reciprocity in market access and public procurement; urges China to extend the constructive cooperation on the protection of Geographical Indications to other areas of trade and actively contribute in particular to the ongoing negotiation of the bilateral investment agreement, the reform of the WTO, comprehensive rules on industrial subsidies, the role of State-Owned Enterprises, provisions on forced technology transfer, and overcapacities in the steel, aluminium or high-tech sectors, complying with its commitments as a WTO member and reflecting its level of development;
Amendment 65 #
Motion for a resolution Paragraph 11 11. Stresses the urgent need to further improve the level playing field between the EU and China in other areas; urges China to extend the constructive cooperation on the protection of Geographical Indications to other areas of trade and actively contribute in particular to the ongoing
Amendment 66 #
Motion for a resolution Paragraph 11 11. Stresses the urgent need to further improve the level playing field between the EU and China in other areas; urges China to extend the constructive cooperation on the protection of Geographical Indications to other areas of trade, in particular industrial and craft products, and actively contribute in particular to the ongoing negotiation of the bilateral investment agreement, the reform of the WTO, comprehensive rules on industrial subsidies, the role of State-Owned Enterprises, provisions on forced technology transfer and overcapacities in the steel, aluminium or high-tech sectors, complying with its commitments as a WTO member and reflecting its level of development;
Amendment 67 #
Motion for a resolution Paragraph 11 11. Stresses the urgent need to further improve the level playing field between the EU and China in other areas; urges China to extend the constructive cooperation on the protection of Geographical Indications to other areas of trade and actively contribute in particular to the ongoing negotiation of the bilateral investment agreement, the reform of the WTO, the reduction of unfair trade practices such as dumping and subsides, comprehensive rules on industrial subsidies, the role of State-Owned Enterprises, provisions on forced technology transfer and overcapacities in the steel, aluminium or high-tech sectors, complying with its commitments as a WTO member and reflecting its level of development;
Amendment 68 #
Motion for a resolution Paragraph 11 11. Stresses the urgent need to further improve the level playing field between the EU and China in other areas; urges China to extend the constructive cooperation on the protection of Geographical Indications to other areas of trade and actively contribute in particular to the ongoing negotiation of the bilateral investment agreement, the reform of the WTO, comprehensive rules on industrial
Amendment 69 #
Motion for a resolution Paragraph 11 11. Stresses the urgent need to further improve the level playing field between the EU and China in other areas; urges China to extend the constructive cooperation on the protection of Geographical Indications to other areas of trade and actively contribute in particular to
Amendment 7 #
Motion for a resolution Recital D D. whereas the worldwide sales value of EU Geographical Indications covering wines, agri-food products and spirit drinks, represent EUR 74,76 billion1, accounting for a 6.8% share of EU agri-food sector sales and a 15.4% share of EU agri-food exports; _________________ 1Commission study, published April 2020 https://ec.europa.eu/commission/presscorn er/detail/en/IP_20_683
Amendment 70 #
Motion for a resolution Paragraph 11 11. Stresses the urgent need to further improve the level playing field between the EU and China in other areas
Amendment 71 #
Motion for a resolution Paragraph 11 11. Stresses therefore the urgent need to further improve the level playing field between the EU and China in other areas; urges China to extend the constructive cooperation on the protection of Geographical Indications
Amendment 72 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on China to fully comply with its WTO obligation and to match its acquired economic power with its level of development;
Amendment 73 #
Motion for a resolution Paragraph 11 a (new) 11a. Underlines the importance of effective implementation and proper enforcement in the market place of the agreed provisions of the Agreement by safeguarding that the monitoring methods work duly; reiterates the European Parliament’s determination to monitor and scrutinize the correct application of the Agreement; in this regard, calls on the Commission to ensure that the monitoring methods foreseen in the agreement work duly, as the Geographical Indication’s enforcement structure and procedures should be improved and streamlined - being it crucial for bilateral cooperation; in this regard, asks the Commission to inform the Parliament about the implementation of the Agreement one year after entry into force;
Amendment 74 #
Motion for a resolution Paragraph 12 12. Recalls the need for an ambitious progress in the negotiations on the Comprehensive Agreement on Investment, addressing the current market asymmetries; emphasises that ensuring the level playing field, reciprocity and a non-discriminatory treatment of the respective parties and their business communities are key; calls on the EU Member States to address China with one voice and a coordinated approach;
Amendment 75 #
Motion for a resolution Paragraph 12 12. Recalls the need for an ambitious progress in the negotiations on the Comprehensive Agreement on Investment, addressing the current market asymmetries; highlights that the EU market for public procurement is open, while the European companies often encounter difficulties to gain access to procurement opportunities in the Chinese markets; emphasises that ensuring the level playing field, reciprocity and a non-discriminatory treatment of the respective parties and their business communities are key;
Amendment 76 #
Motion for a resolution Paragraph 12 12. Recalls the need for
Amendment 77 #
Motion for a resolution Paragraph 12 12. Recalls the need for a
Amendment 78 #
Motion for a resolution Paragraph 12 12. Recalls the need for an ambitious progress in the negotiations on the Comprehensive Agreement on Investment, addressing the current market asymmetries;
Amendment 79 #
Motion for a resolution Paragraph 12 a (new) 12a. Stresses that EU commercial relations need the good harmony in the regional relations between China and its neighbouring countries, and a swift coexistence with all those territories which have had a special relationship with Europe; underlines that China’s full respect to previous international commitments in the region will make possible the good implementation of this agreement;
Amendment 8 #
Motion for a resolution Recital E E. whereas the EU is globally reputed for the production of high value and quality agri- food products, which reflects the high-valued excellency, wealth and diversity of products with unique characteristics from the EU agricultural sector;
Amendment 80 #
Motion for a resolution Paragraph 12 b (new) 12b. Calls on the Commission and China to upgrade the EU-China cooperation to fight climate change and help achieve environmental goals in line with the Paris agreement;
Amendment 9 #
Motion for a resolution Recital E E. whereas the EU is globally reputed for its know-how and the production of high value and quality agri-food products,
source: 657.313
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Treaty on the Functioning of the EU TFEU 218-p6a
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docs/1 |
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forecasts |
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committees/2/rapporteur |
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committees/0 |
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committees/0 |
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docs/0 |
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events/0/summary |
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