38 Amendments of Jude KIRTON-DARLING related to 2018/0356M(NLE)
Amendment 20 #
Motion for a resolution
Recital A
Recital A
A. whereas Vietnam is a strategic partner for the European Union, and whereas the EU and Vietnam share a common agenda to stimulate growth and employment, improve competitiveness, fight poverty and achieve the Sustainable Development Goals (SDGs), as well as a strong commitment to open trade and the multilateral trading system; whereas Vietnam still faces important challenges in relation to sustainable development, human rights and the environment, notably with respect to the situation of minorities, fundamental freedoms, the unsustainable exploitation of natural resources such as sand, fisheries and timber, waste management and pollution;
Amendment 23 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas despite the economic and political reforms initiated in 1986, Vietnam remains a one-party state which does not recognise fundamental freedoms such as freedom of association, freedom of speech, freedom of religion and freedom of the press; whereas the repressive nature of the regime and the grave and systematic violation of human rights in Vietnam have been documented by the European External Action Service in the 2018 EU annual report on human rights and democracy in the world, highlighting in particular the growing number of political prisoners in the country;
Amendment 25 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the EP resolution of 15 November 2018 called on the government of Vietnam "to repeal, review or amend all repressive laws, notably its Criminal Code"; whereas this call was not responded to by Vietnam; whereas none of the recommendations to amend or repeal abusive provisions in the Penal Code made in the framework of the latest Universal Periodic Review in March 2019 were accepted by Vietnam;
Amendment 26 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas forced labour of prisoners remains a concerns in Vietnam; whereas the recent decision of the Vietnamese Ministry of Public Security to send 7,000 inmates to work for private companies was criticised by the Vietnamese National Assembly in August 2019;
Amendment 27 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas Vietnam’s timetable for the ratification of ILO core Conventions has been pushed back, with the ratification of Convention 87 now foreseen for 2023, against 2020 as stated by the Vietnamese Ambassador to the EU at the European Parliament International Trade Committee meeting of 20 February 2018;
Amendment 31 #
Motion for a resolution
Recital D
Recital D
D. whereas Vietnam joined the WTO in 2007 and is now one of the most open and pro-free trade economies in the world, as shown by its 16 trade agreements with 56 countries; recognises that the EU and Vietnam continue to have widely differing stances on political and civil rights, the recommendations of international human rights bodies concerning Vietnam as well as the implementation of said recommendations; recognises that freedom of expression is restricted in Vietnam.
Amendment 35 #
Motion for a resolution
Recital F
Recital F
F. whereas Vietnam is a booming, competitive and connected economy with almost 100 million citizens, a growing middle class and a young and dynamic workforce; although it remains a lower- middle income economy faced with specific development challenges, as illustrated by its position on the UNDP human development index which currently stands at 116 out of 189 countries;
Amendment 69 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that negotiations began in June 2012 and were concluded in December 2015 after 14 negotiating rounds, and regrets subsequent delays in bringing forward the agreement for signature and ratification;
Amendment 73 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the economic and strategic importance of this agreement, as the EU and Vietnam share a common agenda and common valueswhich will only succeed if it manages to align the EU and Vietnam's agenda and values in relation to sustainable development – to stimulate growth and employment, boost competitiveness, fight against poverty and, make progress towards achieving the Sustainable Development Goals (SDGs) and support workers’ rights and fundamental freedoms;
Amendment 92 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convincedHopes that the agreement will make further strides towards setting high standards and rules in the ASEAN region, helping to pave the way for a future region- to-region trade and investment agreement; stresses that theis agreement also sends a strong signal in favour of open and free trade at times of protectionist tendencies and the questioning ofhas been concluded in a context of growing protectionism and serious challenges to the multilateral rules-based trade;
Amendment 100 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the improved access under this agreement to Vietnamese public procurement in line with the Government Procurement Agreement (GPA), as Vietnam is not yet a member of the GPA; underlines that the government procurement chapter of the EVFTA achieves a degree of transparency and procedural fairness comparable to other FTAs that the EU has signed with developed and more advanced developing countries; underlines that the agreement must not restrict the political room for manoeuvre in procurements when it comes to setting requirements on what is to be procured and demands on e.g. environment, labour and employment conditions;
Amendment 101 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the improved access under this agreement to Vietnamese public procurement in line with the Government Procurement Agreement (GPA), as Vietnam is not yet a member of the GPA; underlines that the government procurement chapter of the EVFTA achieves a degree of transparency and procedural fairness comparable to other FTAs that the EU has signed with developed and more advanced developing countries; underlines that the agreement must not restrict the ability of the parties to implement their domestic procurement rules, in particular with respect to labour and employment conditions;
Amendment 112 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that, in terms of services, Vietnam goes beyond its WTO commitments, provides for substantially better access in a number of business subsectors and offers new market access to sectors such as packaging services, trade fair and exhibition services or rental/leasing; underlines that Vietnam has opened up cross-border higher education services for the first time; welcomes the use of a positive list in the services schedule, being the most appropriate way to guarantee the full exclusion of public services in trade agreements;
Amendment 116 #
9. Recalls that the EVFTA will help Vietnam go further in improving IPR protection, to the benefit of IPR owners and consumers, as Vietnam will accede to the World Intellectual Property Organisation (WIPO) Internet Treaties, which set standards to prevent unauthorised online access to or use of creative work, protect the rights of owners, and address the challenges that new technologies and methods of communication pose to IPR; is concerned however that the IPR provisions contained in the agreement in relation to pharmaceutical products, such as regulatory data protection and the extension of patent protection up to two years in certain cases may hamper the development and availability of generic drugs, which currently represent half of the Vietnamese pharmaceutical market;
Amendment 118 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the provisions for cooperation on animal welfare, including technical assistance and capacity building for the development of high animal welfare standards, and encourages the Parties to make full use of these; urges the Parties to develop an action plan for the cooperation on animal welfare as soon as possible, including a programme of training, capacity building and assistance in the framework of the Agreement to safeguard animal welfare at the time of killing and better protect animals on farm and during transport in Vietnam;
Amendment 120 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the EU and Vietnam to set up a clear action plan to help SMEs make use of the opportunities offered by the agreement, starting by increasing transparency and disseminating all the relevant information;
Amendment 122 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the agreement safeguards the EU’s right to apply its own standards to all goods and services sold in the EU and upholds the EU’s precautionary principle; underlines that the EU’s high standards, including in national laws, regulations and collective agreements, should never be seen as trade barriers;
Amendment 123 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the agreement safeguardtates the EU’s right to apply its own standards to all goods and services sold in the EU and upholdsrefers to the EU’s precautionary principle; underlines that the EU’s high standards, including in national laws, regulations and collective agreements, should never be seen as trade barriers;
Amendment 128 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the EVFTA includes a robust, comprehensive and binding chapter on Trade and Sustainable Development (TSD) dealing with labour and environmental matters; regrets that this chapter does not significantly improve the current EU approach to TSD, failing to take into account repeated European Parliament demands for greater enforceability and monitoring of commitments, for instance through the use of sanctions and a reform of the Domestic Advisory Group (DAG) system; stresses that the TSD chapter is designed to contribute to broader EU policy objectives, notably on inclusive growth, the fight against climate change, the promotion of human rights, including workers’ rights and more generally in upholding EU values; emphasises that it is also an instrument for development and social progress in Vietnam to support Vietnam in its efforts to improve labour rights and to enhance protection at work and protection of the environment; calls for the establishment of an inter- parliamentary supervisory body to ensure the enforcement of the FTA’s TSD Chapter;
Amendment 136 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the commitments made by Vietnam in the TSD chapter of the Agreement but calls for additional efforts in order to demonstrate effective progress and the full implementation of commitments therein, inter alia, by giving evidence of tangible action aiming at eradicating persecution of community leaders, including human rights defenders, environmental activists and workers' rights activists;
Amendment 137 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that the efforts to improve the enforceability of the TSD chapter, as repeatedly called for by the European Parliament and also mentioned in the mission letter for the new EU Trade Commissioner, are not yet reflected in this agreement. Calls on the Joint Committee to immediately begin work on strengthening the enforcement of TSD provisions.
Amendment 139 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recalls that Article 8 in the Treaty of the Functioning of the European Union states that “in all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women”; welcomes that both Vietnam and the EU have signed the WTO Buenos Aires Declaration on Women and Trade and calls on the Parties to put in value and practice the responsibilities undertaken therein, by strengthening and improving the commitments on gender and trade in this agreement; recalls the Commission´s engagement to include Gender Chapters in future EU trade agreements; is aware that this commitment was taken after the Free Trade Agreement with Vietnam was concluded, notwithstanding, calls on the EU and Vietnam to commit themselves to evaluate its implementation on the basis of gender disaggregated data and to include a specific Chapter on Gender and Trade in its future review;
Amendment 141 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls for the establishment of a Joint Committee of the Vietnamese National Assembly and the European Parliament to improve coordination and review of the measures of the TSD chapter and the implementation of the agreement as a whole, welcomes the favourable position of the Chairperson of the National Assembly of Vietnam towards this call for action and calls for a Memorandum of Understanding between both parliaments to be negotiated rapidly.
Amendment 142 #
11c. Calls the EU and Vietnam to cooperate to develop an action plan, accompanied by available EU programmes, to fight child labour, including the necessary due diligence framework for enterprises;
Amendment 144 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the concrete steps taken by the Vietnamese Government so far, including amending labour legislation and the legal framework on the minimum age at work, aimed at abolishing child labour and making commitments on non- discrimination and gender equality at work; encourages the Vietnamese National Assembly to finalise these steps as announced at the end of November 2019
Amendment 150 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses, however, that despite this progress, important challenges remain and urges the Vietnamese authorities to signal their willingness to continue to engage on a progressive workers rights agenda through concrete measures, such as the adoption of the reformed labour code and implementing measures that would incorporate the principles of ILO Convention 105 (abolition of forced labour) and 87 (freedom of association); stresses that specific criteria included in implementing legislation, such as thresholds and registration formalities, should not result in effectively precluding independent organisations from competing with state-run organisations; welcomes in this regard the ratification of fundamental ILO Convention 98 (collective bargaining) on 14 June 2019 and the commitment by the Vietnamese Government to ratify two remaining fundamental Conventions, namely 105 (abolition of forced labour) in 2020 and 87 (freedom of association) in 2023, following the imminent adoption of the new Labour Code; calls on the Vietnamese authorities to provide a credible roadmap for the ratification of the missing ILO core Conventions ahead of the vote on consent by the European Parliament;
Amendment 159 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Encourages the Parties to make full use of the provisions for cooperation on improving animal welfare and on capacity building for the development of high animal welfare standards; calls on the Parties to develop an action plan for the cooperation on animal welfare as soon as possible;
Amendment 160 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses the central role of implementing decrees in the implementation of the revised labour code and ratified ILO conventions, stresses the European Parliament's willingness to engage in an active dialogue on this issue and calls on the EU to support necessary capacity building measures.
Amendment 164 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture; recognises in this context the yellow card Vietnam has been given as well as the measures already taken to improve the situation; calls for further action in line with the findings of the November 2019 review mission.
Amendment 166 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture; recalls that this is an area of great concern as Vietnam has been under an EU ‘yellowcard’ procedure under the IUU regulation since October 2017, which is currently under review;
Amendment 168 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; underlines the importance of both Parties’ effective implementation of the Paris Agreement and of cooperation on these matters; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture;
Amendment 192 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society therein;therein, including independent organisations from the labour and environmental sectors; supports the efforts of civil society organisations in Vietnam to develop proposals in this regard and will support capacity building efforts; calls on the government of Vietnam to swiftly begin preparations for the establishment of DAGs.
Amendment 195 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of independent civil society and social partners in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society thereiindependent, free and diverse civil society organisations therein, including representatives for organisations for human rights, labour rights and environmental protection;
Amendment 199 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for thea broad and balanced representation of civil society therein, including independent Vietnamese Civil Society Organisations;
Amendment 201 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Renews its concerns regarding the implementation of the new Cyber security Act, specifically on localisation and disclosure requirements as well as the protection of personal data. Welcomes the willingness to engage in an intensive dialogue, including the commitment of the Chairperson of the National Assembly of Vietnam to include both parliaments in the discussion and deliberation of the implementing decrees.
Amendment 204 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges the institutional and legal link between the FTA and the PCA, which ensures that human rights are placed at the core of the EU-Vietnam relationship; stresses in this respect that the deteriorating human rights situation in the country is not favourable to a swift ratification of this agreement; recalls its demand of 15 November 2018 notably with respect to the reform of the penal code, the death penalty, political prisoners and fundamental freedoms; believes that the new cyber-security law is fostering a greater online surveillance, control and repression regime in Vietnam and as such is not compatible with the EU’s value- based trade agenda; calls on the Vietnamese authorities to take concrete measures ahead of the consent vote in the European parliament to improve the situation as a signal of goodwill;
Amendment 206 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges the institutional and legal link between the FTA and the PCA, which ensures that human rights are placed at the core of the EU-Vietnam relationship; urges the Parties to make full use of the agreements in order to improve the urgent human rights situation in Vietnam; underlines the importance of an ambitious Human Rights Dialogue between the EU and Vietnam;
Amendment 209 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the government of Vietnam to publicly announce its commitment, with a clear timeline, to repeal or amend articles 109, 116, 117,118 and 331 of the Penal Code and articles 74 and 173 of the Criminal Procedure Code, bringing the criminal legislation in conformity with the country’s obligations under the International Covenant on Civil and Political Rights (ICCPR)