14 Amendments of Daniel CASPARY related to 2017/2057(INI)
Amendment 16 #
Proposal for a recommendation
Recital G
Recital G
G. whereas any EU trade negotiation must guarantee the highest levels of social, labour and environmental protection achieved by the parties, and may serve as a tool to promote an agenda of social justice and sustainable development, both in the EU and throughout the world; whereas the modernisation of the AA should be seen as an opportunity for the EU and its Member States to further promote common high standards and commitments in their trade agreements, especially in the areas of labour rights, environmental protection, consumer rights and public welfare; whereas it could be carefully analysed and evaluated whether a sanctions-based mechanism is needed to redress infringements effectively;
Amendment 22 #
Proposal for a recommendation
Recital L
Recital L
L. whereas even if Article 45 of the 2002 EU- Chile AA already includes provisions in the cooperation chapter specifying that it should ‘contribute to strengthening policies and programmes that improve, guarantee and extend the equitable participation of men and women in all sectors of political, economic, social and cultural life’, it does not include any particular and binding objective or benchmark in the area of trade1; 1 http://trade.ec.europa.eu/doclib/docs/2012/august/t radoc_149881.pdf;
Amendment 33 #
Proposal for a recommendation
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) to negotiate with Chile two separate agreements clearly distinguishing between a trade and investment agreement only containing issues under EU exclusive competence and a second agreement including the subjects for which the competences are shared, as deducible from the opinion of the Court of Justice on the EU-Singapore FTA, and to fully respect the distribution of competences between the EU and its Member States throughout the negotiation process as well as for the signature and conclusion of the agreements;
Amendment 41 #
Proposal for a recommendation
Paragraph 1 – point d
Paragraph 1 – point d
(d) to recall that globalisation and trade policy have recently been subject to intense debate in Europe and elsewhere, because of thea potentially unequal distribution of its gains, and to consider that it is necessary to guarantee a more inclusive distribution of the benefits of trade and to provide adequate protection to those which may be disadvantaged in the process, while developing policy action in other spheres beyond the provisions of trade agreements themselves, going from industrial to fiscal and social policies;
Amendment 44 #
Proposal for a recommendation
Paragraph 1 – point g
Paragraph 1 – point g
(g) to ensure that a modernised AA guarantees, throughout the entire text, and enshrines, explicitly and unequivocally, the right and the ability of the parties to adopt and apply their own laws and regulations in the public interest, in order to achieve legitimate public policy objectives such as the protection and promotion of public health, social services, public education, safety, the environment, public morals, social or consumer protection, privacy and data protection, and the promotion and protection of cultural diversity; to underline in this regard that no European FTA has ever restricted the legitimate interest of the Union, its Member States or sub-federal entities to regulate in the public interest;
Amendment 56 #
Proposal for a recommendation
Paragraph 1 – point l
Paragraph 1 – point l
(l) to ensure that while commitments are made to facilitate the entry and stay of natural persons for business purposes, all EU and Member States labour rights, conditions and social security systems are applicable to the employment of workers benefitting from Mode 4 commitments;
Amendment 58 #
Proposal for a recommendation
Paragraph 1 – point m
Paragraph 1 – point m
(m) to ensureinclude ambitious mechanisms on regulatory cooperation while ensuring that any cooperation on regulatory matters remains voluntary, respect the autonomy of regulatory authorities, must be purely based on enhanced information exchange and administrative cooperation with a view to identifying unnecessary barriers and administrative burdens, and must preserve the precautionary principle; to recall that regulatory cooperation must aim to benefit governance of the global economy by intensified convergence and cooperation on international standards, guaranteeing the highest level of consumer, environmental, social and labour protection;
Amendment 59 #
Proposal for a recommendation
Paragraph 1 – point n
Paragraph 1 – point n
(n) to ensure and explicitly foresee that the modernised AA does not prevent the parties’ ability to define, regulate, provide and support public services in the public interest, that it will by no means require governments to privatise any service nor preclude governments from expanding the range of services they supply to the public, and that it will not prevent governments from providing public services previously supplied by private service suppliers or from bringing back under public control services that governments have previously chosen to privatise; to keep in mind that no European free trade agreement has ever introduced limitations in this regard;
Amendment 62 #
Proposal for a recommendation
Paragraph 1 – point p
Paragraph 1 – point p
Amendment 68 #
Proposal for a recommendation
Paragraph 1 – point r
Paragraph 1 – point r
(r) to clearly spell out in the negotiating directives the requirement to commit the parties to promote corporate social responsibility (CSR) via bindingestablished standards, including with regard to internationally recognised instruments, and the uptake of sectorial OECD guidelines and the UN Guiding Principles on Business and Human Rights; to recall the need to respect and ensure the effective implementation of indigenous’ rights, including ILO standards on indigenous’ labour rights and the right to consultation with governmental authorities;
Amendment 81 #
Proposal for a recommendation
Paragraph 1 – point w
Paragraph 1 – point w
(w) to consider that negotiations on investment may be an opportunity to make progress towards a necessary international reform of the dispute settlement regime, to seek a commitment by all parties to put an end to investor-to-state dispute settlement (ISDS) based on ad hoc private arbitration, and to replace it withwork towards a public investment court system (ICS) with an appeal mechanism, with a view to preserving the right to regulate to achieve legitimate public policy objectives, prevent frivolous litigation and guarantee all democratic procedural guarantees, such as the right to access to justice (with particular attention to SMEs), judicial independency, transparency and accountability, while pursuing the establishment of a multilateral investment court (MIC);
Amendment 85 #
Proposal for a recommendation
Paragraph 1 – point x
Paragraph 1 – point x
(x) to ensure that the modernised AA contains a robust and ambitious TSDC that includes binding and enforceable provisions, subject to a suitable and effective dispute settlement mechanisms, with the possibility of imposing sanctions in case of breach; considers that the TSDC should cover, among other things, the parties’ commitment to adopt and maintain in their national laws and regulations the principles enshrined in core ILO conventions and to effectively implement up-to-date ILO instruments, especially the Governance Conventions, the Decent Work Agenda, ILO Convention n°169 on the rights of indigenous peoples, the Convention on Equal Opportunities and Equal Treatment for Men and Women Workers, the Convention on Domestic Workers, and the Workers with Family Responsibilities Convention, as well as labour standards for migrant workers;
Amendment 87 #
Proposal for a recommendation
Paragraph 1 – point y
Paragraph 1 – point y
(y) to ensure, with reference to the progress achieved by Chile in bilateral trade negotiations with Uruguay and Canada, that the parties include a specific chapterprovisions on trade and gender equality that specifically contains clear and measurable targets, beyond the adherence of the parties and their respect for international human rights, labour and social standards, foreseeing active measures aiming to enhance opportunities for women to benefit from the opportunities provided by the AA; to ensure, inter alia, that the parties commit to collect disaggregated data allowing for; to ensure thorough ex ante and ex post analysis on the impact of the modernised AA on gender equality, to pursue an enhanced participation of women enterprises (particularly micro-enterprises and SMEs) in public procurement, building on the experience of the Chilean Ministry of Gender Equality which, in 2015, established a supporting program to strengthen women entrepreneurs’ participation as suppliers in the public procurement market of ‘Chile Compras’, to support the internationalisation of women enterprises and the participation of women in WTO Mode 4 opportunities; and to ensure that this chapter foresees the involvement of women organisations and gender equality experts in the negotiating teams, as well as in the JCC (foreseeing the development of innovative means of consultation, such as electronic discussions) and that it guarantees periodical substantial discussions on gender and trade, if necessary, with the establishment of a specific consultative subcommittee;
Amendment 100 #
Proposal for a recommendation
Paragraph 1 – point a e
Paragraph 1 – point a e
(ae) to ensure that the parties guarantee a maximumthe highest possible level of transparency and participation, ensuring that the objectives of the negotiations are fulfilled, and that this involves constant and duly informed dialogues with all parties concerned, particularly the social partners and civil society; to involve systematically, in this regard, both the competent parliamentary bodies, particularly the EU- Chile JCC and the JCC, throughout the full life-cycle of the AA, from negotiations to implementation and evaluation, and to support the creation of an official Chilean civil society participation body reflecting the pluralism of Chilean society, attaching particular attention to its indigenous peoples; to this aim, to ensure, together with Chile, that all relevant information, if possible without undermining the trade negotiations and the EU interest, is published in the most accessible way to the general public, including fact-sheets translated into Spanish as the shared official language;