Activities of Anne-Marie MINEUR related to 2018/0095M(NLE)
Shadow reports (1)
REPORT containing a motion for a non-legislative resolution on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part PDF (157 KB) DOC (58 KB)
Amendments (14)
Amendment 22 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the EU’s new approach to investment protection and its enforcement mechanism (ICS), which has replacedis in essential the same as the highly controversial investor- to-state dispute settlement (ISDS); notes that several studies have shown that ICS would bring no changes to the extremely far-reaching rights that are afforded to foreign investors in current investment treaties.
Amendment 28 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 37 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that there are no safeguards foreseen that would prevent this ICS system from creating regulatory chill effect by threatening a government with an ICS case to prevent unwanted legislation from being developed or passed.
Amendment 39 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Acknowledges the right of both parties to introduce legislation on all governmental levels and to pursue public policy objectives.
Amendment 46 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the transparency rules applying to proceedings before the tribunals, which will help to instil public trust in the systemany and all tribunals;
Amendment 48 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. StresseRegrets that third parties such as labour and environmental organisations can only contribute to ICS proceedings through amicus curiae briefs; urges the EU and Singapore to make it possible for these organizations to join the proceedings as parties affected.
Amendment 52 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the agreement represents an nominal improvement on the investment protection provisions in CETA, as it incorporates provisions on obligations for former judges, a code of conduct to prevent conflicts of interests and a fully functioning Appellate Tribunal at the time of its conclusion;
Amendment 55 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that the Investment Court System as introduced in CETA is currently pending before the European Court of Justice for an Opinion on its compatibility with the EU treaties and that therefore a signal from the EP on the ICS is at this moment highly counterproductive.
Amendment 58 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. WelcomesTakes note of Singapore’s commitment to the multilateral investment court, a public international court which should be empowered to hear disputes on investments between investors and states that will have accepted its jurisdiction over their bilateral investment treaties, and whose ultimate goal is to overcome the current, unbalanced and fragmented investment protection regime; considers the agreement a crucial stepping . Regrets the fact that there is no respect for domestic courts to hear disputes first. Furthermore, this multilateral investment court is contrary to customary international law and international human rights law, which requires the exhaustione towards that end; of local remedies.
Amendment 65 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Council’s decision to make public the negotiating directive of 20 March 2018 on the multilateral investment court and calls on the Council to make public all previous and future trade and investment agreement negotiating directives immediately after they are adopted in order to increase transparency and public scrutiny;
Amendment 68 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that the agreement will replace the existing bilateral investment treaties between 13 EU Member States and Singapore, which are based on outdated investment protection provisions and include the controversial ISDS; considers that this constitutes an important step in reforming global rules on investment dispute settlement and, it is hoped, will progressively lead to the removal of ISDS from bilateral investment treaties;
Amendment 87 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 91 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and Singapore to agree stronger sanctions in the event that a member of the tribunals does not comply with the code of conduct, and to ensure that they are in place as soon asbefore this agreement enters into force;
Amendment 94 #
Motion for a resolution
Paragraph 15
Paragraph 15