Activities of Paweł ZALEWSKI related to 2010/2203(INI)
Shadow reports (1)
REPORT on the future European international investment policy PDF (231 KB) DOC (143 KB)
Amendments (27)
Amendment 8 #
Motion for a resolution
Recital C
Recital C
C. whereas it is generally acknowledged that inward investment improves host countries‘ competitiveness but outward investment may exacerbate adjustment costs for low-skilled workers,
Amendment 12 #
Motion for a resolution
Recital D
Recital D
D. whereas Articles 206 and 207 TFEU do not define FDI, whereas the Court of Justice of the European Union has specified its understanding of the term FDI, on the basis of three criteria: it should be considered as a long-lasting investment, representing at least 10 % of the affiliated company's equity capital / shares and providing the investor with managerial control over the affiliated company's operations, whereas this definition is in line with those of the IMF and the OECD and is opposed to, in particular, portfolio investments and intellectual property rights,
Amendment 17 #
Motion for a resolution
Recital E
Recital E
E. whereas some Member States use broad definitions of the term ‘foreign investor’, with a simple postal address deemed sufficient to determine the nationality of an enterprise, whereas this has enabled some enterprises to file suits against their own countries via BITs signed by third countries, whereas investors have also used this technique to select the BITs most conducive to filing a complaintany company that is lawfully registered in the EU should be able to rely on future EU investment agreements or free trade agreements with investment chapters,
Amendment 33 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the newly established European External Action Service shall reinforce the EU's global presence and role, including the promotion and defence of EU's trade goals, also in the investment area,
Amendment 36 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes this new EU competence and calls on the Commission and the Member States to seize this opportunity to build with Parliament an integrated and coherent investment policy which promotes high- quality investments and makes a positive contribution to economic, social and environmental progresand protects investments;
Amendment 44 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission's Communication ‘Towards a comprehensive European international investment policy’ but stresses that, while extensively focusing on investor protection, it should better address the needright to protect the public capacity to regulate;
Amendment 51 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the same high level of protection should not be granted to all kinds of investments and that,, including for example, portfolio investment and intellectual property rights should be excluded from the scope of future international investment agreements signed by the EU;,
Amendment 58 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 63 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on introduction of the term "EU investor" that would, reflecting the spirit of Article 207 TFEU, underline the significance of promoting investors from all Member States on equal terms, ensuring them conditions of functioning and protection of their investments on equal footing;
Amendment 64 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need for a stricteclear definition of ‘foreign investor’, considering that broad definitions have led to abusive practices, which should not be permitted;
Amendment 71 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that investor protection mustestablishing a comprehensive protection system for all EU investors remains the first priority of investment agreements;
Amendment 81 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Doubts whether the request expressed by the Council in its conclusions on the Communication – that the new European legal framework should not negatively affect investor protection and guarantees enjoyed under the existing agreements – constitutes an achievable objective; considers that with such a broad and undefined criterion any new agreement could be opposed; moreover, such a formulation of the evaluation criterion may contradict the meaning and spirit of Article 207 of TFEU. While constituting the common investment policy, the term "EU investor", to whom a high degree of comprehensive protection in third countries shall be granted, should be acknowledged;
Amendment 87 #
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
– non-discrimination (national treatment and most favoured nation), mentioning that foreign and national investors must operate under ‘similarequal conditions’,
Amendment 97 #
Motion for a resolution
Paragraph 11 – indent 3 a (new)
Paragraph 11 – indent 3 a (new)
- adequate enforcement mechanisms, including investor-to-state dispute settlement,
Amendment 106 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to ensure reciprocity when negotiating market access with its main developed trading partners, while bearing in mind the need to exclude sensitive sectors and to maintain asymmetry in the EU's trading relations with developing countrietrading partners;
Amendment 108 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that future investment agreements concluded by the EU must protect the capacity for public intervention;, but underlines that in case of direct or indirect expropriation of an investor by such an intervention, a compensation must be provided for,
Amendment 116 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to include in all future agreements specific clauses laying down the right of the EU and its Member States to regulate, inter alia, in the areas of protection of the state security, environment, public health, workers‘ and consumers’ rights, industrial policy and cultural diversity;
Amendment 119 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that the Commission shall establish a list ofdecide on a case-by-case basis upon sectors not covered by future agreements, for example sensitive sectors such as culture, education and those sectors which are strategically important for national defence; notes that the EU should also be aware of the concerns of its developing partners and should not call for more liberalisation if the latter deem it necessary for their development to protect certain sectors, particularly public services;
Amendment 122 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the EU's future policy must promote investment which is sustainable, respects the environment (particularly in the area of extractive industries) and encourages good quality working conditions in the enterprises targeted by the investment; asks the Commission to include, in all future agreements, ashould take reference to the updated OECD Guidelines for Multinational Enterprises;
Amendment 129 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 135 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 140 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the fact that a number of BITs currently have a clause which prevents the watering-down of social and environmental legislation in order to attract investment and calls on the Commission to includeconsider the inclusion of such a clause in its future agreements;
Amendment 143 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that major changes must be made to the present dispute settlement regime, in order to include greater transparency, the opportunity for parties to appeal, the obligation to exhaust local judicial remedies (where relevant), the possibility to use amicus curiae briefs and the obligation to select one single place of arbitration;
Amendment 150 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Requests that the Commission and the Member StExpresses the need to include an investor-to-state dispute settlement mechanism in new EU investment treaties take up their responsibility as major international players to work towards the necesshat would enable EU investors to directly claim against a government to binding international arbitration, whereas the Commission would be a party reforms of the ICSID and UNCITRAL rulein disputes resulting from claims made by third country investors;
Amendment 157 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 161 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to elaborate solutions that would assist SMEs in covering the high costs of dispute settlements;
Amendment 167 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses the need to include the role of the delegations of EEAS in the strategy of the future investment policy, acknowledging their potential and local know-how that as strategic assets in achieving the new policy goals;