20 Amendments of Rosa D'AMATO related to 2015/2233(INI)
Amendment 19 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for legal disputes affecting compliance with this agreement to be referred to the public courts at the place of the defendant's registered office, and for proceedings to be conducted in the defendant's language and governed by the laws in force in the defendant's country; underlines that the right of appeal must be safeguarded;
Amendment 23 #
Draft opinion
Paragraph 1 – point ii a (new)
Paragraph 1 – point ii a (new)
(iia) to ensure that substantial protection is guaranteed for working and environmental standards, while combating all forms of social dumping;
Amendment 26 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the drafts proposals from the Commission, such as the horizontal reservation for a wide range of public services, the exclusion of sensitive sectors from EU liberalisation commitments, and also member states' right to regulate how services have to be supplied, are not able to adequately protect public services, since in some member states, many social, health and education services which are of general interest are privately funded or supported by a hybrid of public and private funding';
Amendment 27 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that the terminology concerning public services used in the different trade agreements currently being negotiated by the EU (CETA, TTIP and TiSA) is not consistent;
Amendment 35 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the introduction of an unequivocal 'gold standard' clause, which could be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities;
Amendment 39 #
Draft opinion
Paragraph 1 – point iii a (new)
Paragraph 1 – point iii a (new)
(iiia) to exclude from the application of TiSA all services relating to public transport and postal services, where the latter are public;
Amendment 41 #
Draft opinion
Paragraph 5
Paragraph 5
5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement, in order to protect the right to create new public services in the future; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3;
Amendment 46 #
Draft opinion
Paragraph 1 – point iv a (new)
Paragraph 1 – point iv a (new)
(iva) to take into consideration Parliament’s concern regarding the adoption of TiSA, which could seriously undermine the EU’s expectations and the safeguard measures relating to the protection of its citizens’ data and their transfer to third countries;
Amendment 53 #
Draft opinion
Paragraph 1 – point v a (new)
Paragraph 1 – point v a (new)
(va) to ensure the right of governments to organise and regulate the supply of services in the transport sector, taking into account social and environmental criteria as well as the public interest;
Amendment 55 #
Draft opinion
Paragraph 1 – point v b (new)
Paragraph 1 – point v b (new)
(vb) to remember that in the transport sector it is of vital importance to respect those aspects relating to safety and social welfare that could be affected by the provision of services by operators from third countries who are unqualified and inadequate compared to EU standards;
Amendment 56 #
Draft opinion
Paragraph 1 – point v c (new)
Paragraph 1 – point v c (new)
(vc) to exclude completely from the agreement all public services, whether they be publicly or privately funded, and to include a protection clause (‘gold standard clause’) for these services in order to safeguard their quality;
Amendment 57 #
Draft opinion
Paragraph 1 – point v d (new)
Paragraph 1 – point v d (new)
(vd) to ensure compliance with the principle of reciprocity between the markets of different countries, which should be based on protecting safety standards, the public interest, social welfare and labour;
Amendment 60 #
Draft opinion
Paragraph 1 – point vi
Paragraph 1 – point vi
Amendment 62 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Proposes that, instead of a "negative list" of spheres excluded from the agreement, a "positive list" of policy areas to be covered by the TiSA should be presented, in order to enhance transparency and accountability.
Amendment 64 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers, that in the Domestic Annex regulation, the concept of 'discriminating regulation' may reduce the scope of action of the National and Regional legislator and calls thus for a clear definition of the terms 'objective' and 'not more burdensome than necessary' when referred to the measures of general application affecting trade in services.
Amendment 65 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls for the exclusion of the Domestic Regulation Annex from TiSa.
Amendment 73 #
Draft opinion
Paragraph 1 – point vii a (new)
Paragraph 1 – point vii a (new)
(viia) to ensure, by means of a safeguard clause based on a clear and unambiguous definition of prudential measures, the full right of Member States to adopt restrictive measures which run counter to TiSA when there is a need to protect the public and consumer interest, financial stability, monitoring efficiency and the minimisation of social costs;
Amendment 79 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets the lack of transparency which has hitherto been evident and the fact that Parliament did not have the opportunity to express its own position before the Council adopted its negotiating mandate;
Amendment 80 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for all Members of the European Parliament to receive the documentation concerning the TiSA negotiation and calls for all negotiating texts to be made public;
Amendment 81 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls for withdrawal from the TiSA negotiations if Parliament’s recommendations are not respected;