Activities of Laura AGEA related to 2015/2233(INI)
Shadow opinions (1)
OPINION on recommendations to the European Commission on the negotiations for the Trade in Services Agreement (TiSA)
Amendments (19)
Amendment 7 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for all ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA from the outset and stresses the need to ensure that TiSA includes comprehensive provisions aiming at the effective ratification, implementation and enforcement of the core conventions of the ILO and the Decent Work Agenda, with a commitment to promote higher levels of protection of labour and environmental standards and to combat all forms of social dumping;
Amendment 8 #
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas negotiations on the Trade in Services Agreement (TiSA) have been taking place in total secrecy since 2013; welcomes, therefore, the Council decision to declassify the TiSA negotiating mandate; takes the view, however, that the Council has not taken into due account the right of citizens to have their personal data protected and expresses concern regarding the possibility that the TiSA might undermine the fundamental rights of citizens as enshrined in the Charter;
Amendment 10 #
Draft opinion
Recital E
Recital E
E. whereas ongoing negotiations on international trade agreements, including the Trade in Services Agreement (TiSA), alsomainly touch upon international data flows while excluding privacy and data protection entirely, which will be discussed and data processing, including parallelersonal data;
Amendment 14 #
Draft opinion
Recital F
Recital F
F. whereas the draft US text on e- commerce for the TiSA would undermine EU rules and safeguards for the transfer of personal data to third countries, exposing the privacy and security of information to serious risks; whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement;
Amendment 19 #
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas the judgment of the European Court of Justice in the Safe Harbour case C-362/14 will have an impact on international agreements on the transfer of personal data;
Amendment 26 #
Draft opinion
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) Expresses serious concern over the draft TiSA agreement, which would seriously undermine all the Union’s provisions and safeguards concerning the protection and transfer to third countries of the personal data of its citizens;
Amendment 36 #
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
(c) to ensure that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are complied with; to negotiate on provisions which touch upon the flow of personal data only if the full application of EU data protection rules is guaranteed and respectednegotiations concerning the transfer of personal data outside the Union can continue only if full compliance with EU data protection legislation is guaranteed; points out that personal data may be processed only in Europe and that all rules relating to the transfer of that data to third countries are exceptions to that principle and must meet certain conditions; in particular, the third country must ensure an appropriate level of protection and ensure that EU citizens have the same opportunities to appeal and the same procedural rights as citizens of that third country in the event of any unlawful use of their personal data;
Amendment 38 #
Draft opinion
Paragraph 1 – point c a (new)
Paragraph 1 – point c a (new)
(ca) to oppose any attempt to limit the powers of European and national supervisory bodies which protect personal data;
Amendment 39 #
Draft opinion
Paragraph 1 – point c b (new)
Paragraph 1 – point c b (new)
(cb) to assess the appropriate tools for ensuring that EU citizens have a ‘right to be forgotten’ even if their personal data is transferred to third countries;
Amendment 41 #
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the right of the State to organise and regulate the provision of services, taking account of social and environmental criteria as well as the public interest, must be retained in full, and calls for services of general interestdefined in details by the agreement and retained in full, advocates for a positive list approach to be followed both for market access and national treatment, and calls for services of general interest including, but not limited to, education, health, water supply, energy and social security to be excluded from the agreement, irrespective of whether they are provided or funded privately or publicly, in part or entirely;
Amendment 46 #
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
(e) to keep in mind that EU rules on the transfer of personal data may prohibit the processing of such data in third countries if theywhich do not meet the EU adequacy standard; to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers; to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the world;
Amendment 48 #
Draft opinion
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) to ensure that personal data transferred to third countries are deleted after a certain amount of time;
Amendment 49 #
Draft opinion
Paragraph 1 – point e b (new)
Paragraph 1 – point e b (new)
(eb) to ensure compliance with Member States’ provisions concerning the protection of personal data if they offer a level of protection that is higher than that provided by EU legislation;
Amendment 55 #
Draft opinion
Paragraph 4
Paragraph 4
4. Rejects negotiations on the further liberalisation of services provided across EU borders so long as no EU minimum income scheme and EU-wide cooperation exists to maintain working conditions in accordance with the respective laws on labour and social affairs and collective agreements;
Amendment 68 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks for a clear definition of the workers included under the annex on Mode 4;
Amendment 69 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Expects the agreement, and especially the Annex on Mode 4, to contain provisions aimed at preventing exploitative labour relations for foreign workers and a safety clause allowing TiSA members to apply the necessary safeguards should pressure be put on domestic wages or should the rights of domestic workers be endangered;
Amendment 76 #
Draft opinion
Paragraph 6
Paragraph 6
6. Expects the agreement not to foresee a standstill clause and to include a clause making it possible to revise the liberalisation of services, particularly in the event of infringements of labour and social standards;
Amendment 80 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for an increase in budget and scope of the European Globalisation Fund and for a Union minimum income scheme in order to face the adjustment and long term costs of the liberalisation of services in term of unemployment;
Amendment 89 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the immediate publication of all documents relevant to TiSA in order to improve the transparency of the negotiations, and urges that the European social partners be permitted to participate transparently in the negotiating process.