Procedure : 2017/2924(RSP)
Document stages in plenary
Document selected : O-000084/2017

Texts tabled :

O-000084/2017 (B8-0611/2017)

Debates :

PV 29/11/2017 - 23
CRE 29/11/2017 - 23

Votes :

Texts adopted :

Parliamentary questions
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9 November 2017
Question for oral answer O-000084/2017
to the Commission
Rule 128
Bernd Lange, on behalf of the Committee on International Trade

 Subject: Negotiations for a Convention establishing a multilateral court for the settlement of investment disputes (MIC)
 Answer in plenary 

In previous resolutions, Parliament has called for the replacement of investor-to-state dispute settlement in order to address the concerns raised by legislators and the public.

On 13 September 2017, the Commission published its Recommendation for a Council decision authorising the opening of negotiations for a Convention establishing a multilateral court for the settlement of investment disputes (COM(2017)0493). The proposal was accompanied by an Impact Assessment and an executive summary.

1. Can the Commission elaborate on the main concerns identified in the course of discussions with Parliament and citizens and highlighted during the public consultation? How have the Member States and Council reacted to the Commission’s proposal? What alternative legal means/measures could Commission propose to improve the current situation?

2. What consequences are anticipated in relation to disputes on investments under existing bilateral investment treaties, including intra-EU BITs and the EU Energy Charter?

3. Can the Commission explain the interlinkages between the MIC and domestic jurisdictions, in particular in relation to the question of the exhaustion of domestic remedies?

4. What improvements to the current situation does the Commission anticipate on the issues of access to dispute settlement for states, investors and affected third parties, as well as proceedings and enforcement?

5. Does the Commission foresee the possibility of including counterclaims in the MIC where the underlying investment agreements do not explicitly provide for this?

6. Under which multilateral organisation does the Commission intend to establish the MIC (i.e. will this be under the aegis of the UN, or will it be a body of the WTO, an extension of the International Centre for Settlement of Investment Disputes (ICSID), or a self-standing organisation)?

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