European Parliament 2019-2024

Committee on Foreign Affairs

2018/0358M(NLE)

14.11.2019

AMENDMENTS 1 - 41

Draft opinion Isabel Wiseler-Lima (PE641.417v01-00)

Investment Protection Agreement between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part (2018/0358M(NLE))

AM\1192535EN.docx PE643.186v01-00

EN United in diversityEN AM_Com_LegOpinion

PE643.186v01-00 2/24 AM\1192535EN.docx EN Amendment 1 Phil Bennion

Draft opinion Paragraph 1

Draft opinion Amendment

1. Underlines that economic 1. Underlines that economic development and multilateralism are development and multilateralism are important tools to improve people’s lives; important tools to improve people’s lives; points out that one of the objectives of the points out that one of the objectives of the IPA is to strengthen the economic, trade IPA is to strengthen the economic, trade and investment relationship between the and investment relationship between the EU and Viet Nam in accordance with the EU and Viet Nam in accordance with the objective of sustainable development, and objective of sustainable development, and to promote trade and investment in a to promote trade and investment under this manner that is mindful of high levels of Agreement in full compliance with environmental and labour protection and international human rights, high levels of relevant internationally recognised environmental and labour protection and standards and agreements; relevant internationally recognized standards and agreements; regrets, in this regard, that the text of the sustainable development chapter does not create any binding obligation but only permits to mobilize a panel of experts with the non- binding power to issue recommendations and promote a dialogue;

Or. en

Amendment 2 Traian Băsescu

Draft opinion Paragraph 1

Draft opinion Amendment

1. Underlines that economic 1. Underlines that economic development and multilateralism are development and multilateralism are important tools to improve people’s lives; important tools to improve people’s lives; points out that one of the objectives of the points out that one of the objectives of the IPA is to strengthen the economic, trade IPA is to strengthen the economic, trade and investment relationship between the and investment relationship between the EU and Viet Nam in accordance with the EU and Viet Nam in accordance with the

AM\1192535EN.docx 3/24 PE643.186v01-00 EN objective of sustainable development, and objective of sustainable development, and to promote trade and investment in a to promote trade and investment in a manner that is mindful of high levels of manner that is consistent with the high environmental and labour protection and levels of environmental, labour protection, relevant internationally recognised and human rights standards upheld by the standards and agreements; EU, and relevant internationally recognised standards and agreements;

Or. en

Amendment 3 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Jytte Guteland, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 1

Draft opinion Amendment

1. Underlines that economic 1. Underlines that economic development and multilateralism are development and multilateralism are important tools to improve people’s lives; important tools to improve people’s lives; points out that one of the objectives of the points out that one of the objectives of the IPA is to strengthen the economic, trade IPA is to strengthen the economic, trade and investment relationship between the and investment relationship between the EU and Viet Nam in accordance with the EU and Viet Nam in accordance with the objective of sustainable development, and objective of sustainable development, and to promote trade and investment in a to promote trade and investment in full manner that is mindful of high levels of compliance with human rights, environmental and labour protection and environmental and labour internationally relevant internationally recognised recognised standards and agreements; standards and agreements;

Or. en

Amendment 4 Manu Pineda, Marisa Matias, Miguel Urbán Crespo

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Points out that between 1962 and 1971, the US army sprayed some 80

PE643.186v01-00 4/24 AM\1192535EN.docx EN million litres of Agent Orange over the forests and crops in South Vietnam in an effort to deprive the local population of food and prevent progress by the national liberation movement and guerrillas; points out that the agent has infiltrated subterranean waters and rivers, causing serious physical and mental disadvantages for some 3 million Vietnamese people; points out that 1 million Vietnamese people are still suffering serious consequences, including the 150 000 people born with birth defects;

Or. es

Amendment 5 Heidi Hautala on behalf of the Verts/ALE Group

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Deplores that the European Commission did not carry out a human rights impact assessment on the EU- Vietnam IPA, which contradicts the spirit of the decision of the EU Ombudsman of 2015 as well as the EU Action Plan on Human Rights and Democracy; calls on the European Commission to carry out a human rights impact assessment before the ratification of the IPA takes place;

Or. en

Amendment 6 Martin Horwood, Petras Auštrevičius, Ilhan Kyuchyuk, Irina Von Wiese

Draft opinion Paragraph 2

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2. Welcomes the enhanced political 2. Welcomes the enhanced political dialogue between the EU and Viet Nam dialogue between the EU and Viet Nam and the upgraded potential to address and the upgraded potential to address human rights concerns in the framework of human rights concerns in the framework of the institutional mechanisms established the institutional mechanisms established under Article 35 of the PCA and Article 13 under Article 35 of the PCA and Article 13 of the FTA; believes that those articles of the FTA; reiterates that those articles provide the necessary tools to address alone will not provide the necessary tools human rights concerns related to the IPA; to address human rights concerns related to the implementation of the IPA, and should as such be followed by stringent scrutiny by the EU and its Members States, in the form of an independent monitoring and complaint mechanism with the main purpose of continuously assessing human rights impacts;

Or. en

Amendment 7 Phil Bennion

Draft opinion Paragraph 2

Draft opinion Amendment

2. Welcomes the enhanced political 2. Welcomes the enhanced political dialogue between the EU and Viet Nam dialogue between the EU and Viet Nam and the upgraded potential to address and the possibility to address human rights human rights concerns in the framework of concerns in the framework of the the institutional mechanisms established institutional mechanisms established under under Article 35 of the PCA and Article 13 Article 35 of the PCA and Article 13 of the of the FTA; believes that those articles FTA; takes note that even if a party may provide the necessary tools to address unilaterally take appropriate measures human rights concerns related to the IPA; when it considers that the other Party has committed a material breach of the PCA, these measures are in full discretion of the Parties and the EU has never suspended a trade agreement before;

Or. en

PE643.186v01-00 6/24 AM\1192535EN.docx EN Amendment 8 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 2

Draft opinion Amendment

2. Welcomes the enhanced political 2. Welcomes the enhanced political dialogue between the EU and Viet Nam dialogue between the EU and Viet Nam and the upgraded potential to address and the possibility to address human rights human rights concerns in the framework of concerns in the framework of the the institutional mechanisms established institutional mechanisms established under under Article 35 of the PCA and Article 13 Article 35 of the PCA and Article 13 of the of the FTA; believes that those articles FTA; takes note that even if a Party may provide the necessary tools to address unilaterally take appropriate measures human rights concerns related to the IPA; when it considers that the other Party has committed a material breach of the PCA, these measures are in full discretion of the parties and have been used in very exceptional circumstances;

Or. en

Amendment 9 Traian Băsescu

Draft opinion Paragraph 2

Draft opinion Amendment

2. Welcomes the enhanced political 2. Welcomes the enhanced political dialogue between the EU and Viet Nam dialogue between the EU and Viet Nam and the upgraded potential to address and the upgraded potential to address human rights concerns in the framework of human rights violations in the framework the institutional mechanisms established of the institutional mechanisms established under Article 35 of the PCA and Article 13 under Article 35 of the PCA and Article 13 of the FTA; believes that those articles of the FTA; believes that those articles, in provide the necessary tools to address conjunction with a system of periodic human rights concerns related to the IPA; evaluations, provide the necessary tools to address human rights concerns related to the IPA;

Or. en

AM\1192535EN.docx 7/24 PE643.186v01-00 EN Amendment 10 Heidi Hautala on behalf of the Verts/ALE Group

Draft opinion Paragraph 2

Draft opinion Amendment

2. Welcomes the enhanced political 2. Welcomes the enhanced political dialogue between the EU and Viet Nam dialogue between the EU and Viet Nam and the upgraded potential to address and the upgraded potential to address human rights concerns in the framework of human rights concerns in the framework of the institutional mechanisms established the institutional mechanisms established under Article 35 of the PCA and Article 13 under Article 35 of the PCA and Article 13 of the FTA; believes that those articles of the FTA; believes however that those provide the necessary tools to address articles do not provide sufficient tools to human rights concerns related to the IPA; address human rights concerns related to the IPA;

Or. en

Amendment 11 Manu Pineda, Marisa Matias, Miguel Urbán Crespo

Draft opinion Paragraph 2 a (new)

Draft opinion Amendment

2a. Points out that all parties must uphold human rights and, in this respect, the French Government should take responsibility for the crimes it committed in Vietnam during the colonial period, including the imprisonment of 20 000 Vietnamese resistance fighters in the Poulo-Condor concentration and forced labour camp; takes the view, therefore, that any agreement with the Socialist Republic of Vietnam should require the French authorities to provide a list of all those Vietnamese resistance detainees who were imprisoned and died on the island of Côn Đảo during the French

PE643.186v01-00 8/24 AM\1192535EN.docx EN occupation;

Or. es

Amendment 12 Traian Băsescu

Draft opinion Paragraph 3

Draft opinion Amendment

3. Stresses that under Article 35 of the 3. Stresses that under Title VI of the PCA, the Parties agree to cooperate in the PCA, the Parties agree to cooperate in the promotion and protection of human rights, promotion and protection of human rights, including with regard to the and in the fields of gender equality, implementation of international human climate change, migration, health, rights instruments to which they are education and training, socio-economic parties; affairs, and a reform of public administration to ensure that the high standards and values promoted by the EU are exported abroad and reflected in upcoming reforms in Viet Nam, including with regard to the implementation of international human rights instruments to which they are parties;

Or. en

Amendment 13 Jytte Guteland

Draft opinion Paragraph 3

Draft opinion Amendment

3. Stresses that under Article 35 of the 3. Stresses that under Article 35 of the PCA, the Parties agree to cooperate in the PCA, the Parties agree to cooperate in the promotion and protection of human rights, promotion and protection of human rights, including with regard to the including with regard to the implementation of international human implementation of international human rights instruments to which they are rights instruments to which they are parties; parties; underlines that the Parties and investors must respect all relevant

AM\1192535EN.docx 9/24 PE643.186v01-00 EN international human rights standards and obligations; stresses the responsibilities of investors according to the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights;

Or. en

Amendment 14 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 3

Draft opinion Amendment

3. Stresses that under Article 35 of the 3. Stresses that under Article 35 of the PCA, the Parties agree to cooperate in the PCA, the Parties agree to cooperate in the promotion and protection of human rights, promotion and protection of human rights, including with regard to the including with regard to the implementation of international human implementation of international human rights instruments to which they are rights instruments to which they are parties; parties; notes with concern that it has proved to be insufficient as serious human rights violations have continued since the entry into force of the PCA;

Or. en

Amendment 15 Phil Bennion

Draft opinion Paragraph 3

Draft opinion Amendment

3. Stresses that under Article 35 of the 3. Stresses that under Article 35 of the PCA, the Parties agree to cooperate in the PCA, the Parties agree to cooperate in the promotion and protection of human rights, promotion and protection of human rights, including with regard to the including with regard to the implementation of international human implementation of international human rights instruments to which they are rights instruments to which they are

PE643.186v01-00 10/24 AM\1192535EN.docx EN parties; parties; notes with concern that serious human rights violations have intensified since the entry into force of the PCA;

Or. en

Amendment 16 Heidi Hautala on behalf of the Verts/ALE Group

Draft opinion Paragraph 4

Draft opinion Amendment

4. Fully supports the human rights 4. Fully supports a genuine and dialogue between the EU and Viet Nam, result-oriented engagement on human which is a very effective way to discuss rights between the EU and Viet Nam, issues related to human rights; calls for the including within the framework of the strengthening of the annual EU-Viet Nam bilateral human rights dialogue and other human rights dialogue with the senior level meetings; calls for the involvement of local and international strengthening of the annual EU-Viet Nam civil society and taking into account human rights dialogue through the information received from relevant involvement of independent local civil international organisations; society organisations and human rights defenders; stresses in that respect that the European Commission and EEAS need to be particularly attentive to the fact that independent civil society has been harshly repressed and largely operates underground for fear of persecution and retaliations; insists on the importance in raising individual cases and following up on their situation during these dialogues; calls for information received from relevant international organisations to be taken into account in those dialogues;

Or. en

Amendment 17 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Jytte Guteland, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion

AM\1192535EN.docx 11/24 PE643.186v01-00 EN Paragraph 4

Draft opinion Amendment

4. Fully supports the human rights 4. Fully supports the human rights dialogue between the EU and Viet Nam, dialogue between the EU and Viet Nam, which is a very effective way to discuss which is a way to discuss issues related to issues related to human rights; calls for the human rights; regrets the lack of any strengthening of the annual EU-Viet Nam tangible result after several rounds of EU- human rights dialogue with the Vietnam human rights dialogues; further involvement of local and international civil regrets that on at least two occasions society and taking into account information Vietnam detained activists right before the received from relevant international dialogues; calls for the strengthening of the organisations; annual EU-Viet Nam human rights dialogue with the involvement of local and international civil society and taking into account information received from relevant international organisations; calls for the dialogue to be geared around concrete deliverables; notes with concerns that Vietnamese independent civil society has been violently repressed and largely operates underground for fear of persecution and retaliations;

Or. en

Amendment 18 Phil Bennion

Draft opinion Paragraph 4

Draft opinion Amendment

4. Fully supports the human rights 4. Fully supports the human rights dialogue between the EU and Viet Nam, dialogue between the EU and Viet Nam, which is a very effective way to discuss which is a way to discuss issues related to issues related to human rights; calls for the human rights; regrets that during these strengthening of the annual EU-Viet Nam dialogues Vietnam upholds the view that human rights dialogue with the it needs to preserve stability as a priority involvement of local and international civil over the respect for human rights; calls for society and taking into account information the strengthening of the annual EU-Viet received from relevant international Nam human rights dialogue with the organisations; involvement of local and international civil society and taking into account information received from relevant international

PE643.186v01-00 12/24 AM\1192535EN.docx EN organizations; calls for the dialogue to be geared around concrete deliverables;

Or. en

Amendment 19 Martin Horwood, Petras Auštrevičius, Ilhan Kyuchyuk, Irina Von Wiese, Urmas Paet

Draft opinion Paragraph 4

Draft opinion Amendment

4. Fully supports the human rights 4. Fully supports the human rights dialogue between the EU and Viet Nam, dialogue between the EU and Viet Nam, which is a very effective way to discuss which allows for issues related to human issues related to human rights; calls for the rights to be continuously discussed; calls strengthening of the annual EU-Viet Nam for the strengthening of the annual EU-Viet human rights dialogue with the Nam human rights dialogue with the involvement of local and international civil involvement of local and international civil society and taking into account information society and taking into account information received from relevant international received from relevant international organisations; organisations;

Or. en

Amendment 20 Fabio Massimo Castaldo

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4a. Recognises the vital work of Human Rights Defenders in the democratic process; highlights that the situation of HRD in Vietnam has recently deteriorated and that the number of HRD arrested in 2018 is higher than the number of those arrested between 2013 and 2017; calls for the European Commission and the Government of Viet Nam for the release of all arbitrarily detained human rights, labour, religious

AM\1192535EN.docx 13/24 PE643.186v01-00 EN and environmental activists, journalists and bloggers, including Tran Huynh Duy Thuc, Hoang Duc Binh, Tran Thi Nga, Le Dinh Luong, Ngo Hao, Luu Van Vinh, Ho Duc Hoa, Tran Anh Kim, Nguyen Trung Ton, Nguyen Trung Truc, Truong Minh Duc, Le Thanh Tung, Nguyen Van Duc Do, Tran Thi Xuan and Ho Duc Hoa;

Or. en

Amendment 21 Martin Horwood, Petras Auštrevičius, Ilhan Kyuchyuk, Irina Von Wiese

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4a. Recognises that civil society in Viet Nam is not allowed to operate freely and unrestricted from state interference; is concerned that the establishment of the Domestic Advisory Groups (DAGs), as per the Agreement, could be undermined by the lack of freedom of expression, assembly and association in Viet Nam, which has often been used by state authorities to intimidate, silence and restrict the work of civil society organisations; calls, in this regard, on the Commission to ensure that civil society groups included in the DAGs will be allowed to operate independently, impartially, thoroughly, and safely from any repercussions

Or. en

Amendment 22 Heidi Hautala on behalf of the Verts/ALE Group

Draft opinion

PE643.186v01-00 14/24 AM\1192535EN.docx EN Paragraph 4 a (new)

Draft opinion Amendment

4a. Regrets the lack of provisions on investors’ obligations, including binding corporate social responsibility standards; calls on the Commission to propose legislation laying down mandatory and enforceable due diligence standards in sectors such as the garment industry;

Or. en

Amendment 23 Heidi Hautala on behalf of the Verts/ALE Group

Draft opinion Paragraph 4 b (new)

Draft opinion Amendment

4b. Calls on the EU and Vietnam to set up, through an additional Protocol to the IPA, an independent monitoring and complaint mechanism on human rights providing affected citizens and local stakeholders with effective recourse to remedy and a tool to address potential negative impacts on human rights arising from the IPA;

Or. en

Amendment 24 Heidi Hautala on behalf of the Verts/ALE Group

Draft opinion Paragraph 5

Draft opinion Amendment

5. Underscores the importance of the 5. Underscores the importance IPA

AM\1192535EN.docx 15/24 PE643.186v01-00 EN IPA in contributing to raising living should have in contributing to raising standards, promoting economic growth and living standards, promoting economic stability, helping advance the rule of law, growth and stability; regrets the lack of a good governance, sustainable development binding and enforceable trade and and respect for human rights in Viet Nam, sustainable development chapter that while also enabling the EU to foster its would help advancing rule of law, good objectives of peace and stability in the governance, sustainable development and region. respect for human rights in Viet Nam, while also enabling the EU to foster its objectives of peace and stability in the region; regrets that human rights and other sustainable development aspects are not covered by ICS as investor´s obligations;

Or. en

Amendment 25 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5

Draft opinion Amendment

5. Underscores the importance of the 5. Underscores the importance of the IPA in contributing to raising living IPA in contributing to raising living standards, promoting economic growth and standards, promoting economic growth and stability, helping advance the rule of law, stability, while also enabling the EU to good governance, sustainable foster its objectives of peace and stability development and respect for human rights in the region. in Viet Nam, while also enabling the EU to foster its objectives of peace and stability in the region.

Or. en

Amendment 26 Martin Horwood, Petras Auštrevičius, Ilhan Kyuchyuk, Irina Von Wiese

Draft opinion Paragraph 5

PE643.186v01-00 16/24 AM\1192535EN.docx EN Draft opinion Amendment

5. Underscores the importance of the 5. Underscores the importance of the IPA in contributing to raising living IPA in contributing to raising living standards, promoting economic growth and standards, promoting prosperity and stability, helping advance the rule of law, stability, helping advance the rule of law, good governance, sustainable development good governance, sustainable development and respect for human rights in Viet Nam, and respect for human rights in Viet Nam, while also enabling the EU to foster its while also enabling the EU to foster its objectives of peace and stability in the objectives of peace and stability in the region. region; stresses that unequivocally upholding those universal values is a conditional part of any agreement between the EU and a third state; calls on the Commission to ensure that human rights benchmarks are fully respected after the agreement enters into force;

Or. en

Amendment 27 Phil Bennion

Draft opinion Paragraph 5 a (new)

Draft opinion Amendment

5a. Regrets that Vietnam's penal code de facto criminalises criticising the government, therefore makes it nearly impossible to ensure free, open and independent monitoring of the implementation and the impact of the FTA and PCA, as well as to fully enjoy the labour rights enshrined in the ILO core conventions that Vietnam has ratified or has pledged to ratify;

Or. en

Amendment 28 Phil Bennion

Draft opinion

AM\1192535EN.docx 17/24 PE643.186v01-00 EN Paragraph 5 b (new)

Draft opinion Amendment

5b. Regrets the lack of a human rights impact assessment and calls on the Commission to carry one out, prior to the entry into force of the agreement

Or. en

Amendment 29 Phil Bennion

Draft opinion Paragraph 5 c (new)

Draft opinion Amendment

5c. Deeply regrets that the IPA contains no obligation for businesses to respect human rights and that the clause only encourages and promotes voluntary commitments; therefore calls for a binding clause for the States to fully comply and respect human rights.

Or. en

Amendment 30 Phil Bennion

Draft opinion Paragraph 5 d (new)

Draft opinion Amendment

5d. Believes that improvement of the rule of law, good governance, sustainable development and the respect for human rights in Viet Nam are necessary; Recommends that the European Parliament should consider giving its consent only when the government of Viet Nam has agreed a timetable with the EU

PE643.186v01-00 18/24 AM\1192535EN.docx EN Commission for the improvement of human rights in Viet Nam including proposals for revisions to those aspects of the penal code that currently legislate against freedom of speech, association and assembly;

Or. en

Amendment 31 Manu Pineda, Marisa Matias, Miguel Urbán Crespo

Draft opinion Paragraph 5 a (new)

Draft opinion Amendment

5a. Stresses that the fight for justice for the millions of Agent Orange victims and detoxification of the soil should be a top priority in future EU-Vietnam agreements; takes the view that the San Francisco judgment of 10 August 2018 against Montsanto has created a solid legal basis for solving similar issues; reiterates, therefore, that the EU should do everything in its power to support a comprehensive plan of action to tackle the environmental and human damage caused by Agent Orange, including supporting the Vietnam Association For Victims Of Agent Orange/Dioxin (VAVA) in its legal action against US chemical companies that produce Agent Orange;

Or. es

Amendment 32 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 a (new)

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5a. Regrets that the European Commission conducted negotiations with Vietnam towards an IPA without carrying out a human rights impact assessment, thereby violating its own commitments and obligations, and calls on the Commission to carry out one, prior to the entry into force of the agreement

Or. en

Amendment 33 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 b (new)

Draft opinion Amendment

5b. Regrets that the regimes instituted by the investment protection agreement has insufficient clauses to compel states to respect, protect and implement human rights and have limited guarantees for people whose fundamental rights are violated by the investor or the host State to have an effective recourse;

Or. en

Amendment 34 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 c (new)

Draft opinion Amendment

5c. Calls, for the establishment of an independent complaint mechanism, providing affected citizens and

PE643.186v01-00 20/24 AM\1192535EN.docx EN stakeholders with effective recourse in order to address potential negative impacts on human rights;

Or. en

Amendment 35 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 d (new)

Draft opinion Amendment

5d. Notes that ICS jurisprudence is insufficient to secure an interpretation conform to human rights standards and investment tribunals have often not taken them into account adequately;

Or. en

Amendment 36 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 e (new)

Draft opinion Amendment

5e. Believes that the asymmetrical nature of the ICS system, the lack of human rights obligations of investors and the exorbitant costs associated with ICS limit the access and the remedy for civil society; requires that this system does not restrict the ability of the State to fulfil its obligation to protect human rights or prevent businesses from respecting these rights;

Or. en

AM\1192535EN.docx 21/24 PE643.186v01-00 EN Amendment 37 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 f (new)

Draft opinion Amendment

5f. Calls to reform the ICS system in order to ensure that this investment tribunal is able to systematically and rigorously apply international human rights law, environmental and labour law and gives sufficient weight to international human rights obligations and the accountability of corporate investors to respect human rights;

Or. en

Amendment 38 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 g (new)

Draft opinion Amendment

5g. Regrets that Amicus Curiae can not be considered an effective participation since investment tribunals have full discretion to determine whether they accept amicus curiae and this possibility is often rejected or limited by the courts;

Or. en

Amendment 39 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

PE643.186v01-00 22/24 AM\1192535EN.docx EN Draft opinion Paragraph 5 h (new)

Draft opinion Amendment

5h. Calls for a binding and enforceable clause in the IPA for States to protect human rights including by regulating and controlling enterprises and a mandatory clause recalling that businesses have to comply with international human rights and environmental standards;

Or. en

Amendment 40 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 i (new)

Draft opinion Amendment

5i. Calls the EU and Viet Nam to cooperate to develop an action plan to fight child labour, including the necessary due diligence framework for enterprises;

Or. en

Amendment 41 Raphaël Glucksmann, Maria Noichl, Maria Arena, Bettina Vollath, Isabel Santos, Andrea Cozzolino, Nacho Sánchez Amor

Draft opinion Paragraph 5 j (new)

Draft opinion Amendment

5j. Calls therefore the EP to give its consent to the agreements only when these recommendations, are legally and

AM\1192535EN.docx 23/24 PE643.186v01-00 EN effectively protected;

Or. en

PE643.186v01-00 24/24 AM\1192535EN.docx EN