MOTION FOR A RESOLUTION on the opening of negotiations on a plurilateral agreement on services
26.6.2013 - (2013/2583(RSP))
pursuant to Rule 110(2) of the Rules of Procedure
Franziska Keller, Yannick Jadot, Bart Staes, Eva Lichtenberger on behalf of the Verts/ALE Group
B7‑0317/2013
European Parliament resolution on the opening of negotiations on a plurilateral agreement on services
The European Parliament,
– having regard to its previous resolutions on services, in particular its resolution of 4 September 2008 on Trade in services[1],
– having regard to the General Agreement on Trade in Services (GATS) that entered into force on 1 January 1995,
– having regard to the draft negotiating directives for a plurilateral agreement on trade in services, submitted by the Commission on 15 February 2013,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas 129 World Trade Organisation (WTO) members have made commitments under the General Agreement on Trade in Services (GATS);
B. whereas the 22 WTO members[2] which in April 2013 started negotiating on a new plurilateral agreement on services (the Trade in Services Agreement, or TISA) are mostly developed countries; whereas the parties to these negotiations do not include any BRICS countries, any Association of South-East Asian Nations (ASEAN) members or any African countries;
C. whereas the Commission submitted draft negotiating directives to the Council on 15 February 2013 and received a mandate on 18 March 2013; whereas the Commission did not contemplate waiting for Parliament to position itself before submitting the draft negotiating directives to the Council;
1. Takes the view that the multilateral trading system remains the most legitimate and most effective framework for achieving equitable and fair trade rules worldwide; notes with concern that new initiatives to give impetus to the development of trade rules, such as the plurilateral negotiations on a Trade in Services Agreement (TISA), are being negotiated outside the framework of the WTO; stresses that it is of the utmost importance that new initiatives remain firmly anchored in the WTO framework;
2. Stresses that global rules for trade in services are codified in the GATS agreement, which is an integral part of the WTO Agreement; recalls that in 1995 the inclusion of the GATS in the WTO framework was the result of a global trade-off between developing and developed countries in relation to the inclusion of the Agreement on Agriculture in the WTO framework;
3. Notes that limited attention has been paid to trade in services during the Doha Round since the WTO Ministerial Conference held in Hong Kong in 2005; is aware that some services, such as transport, communication and legal services, represent the backbone of trade between countries involved in global value chains which rely to a great degree on the liberalisation of such services; stresses, however, that the lack of progress in the liberalisation of services largely reflects the stalemate reached in the Doha Round, in particular as regards the agricultural sector, including the lack of progress in phasing out agricultural export subsidies;
4. Is aware that the GATS schedules of parties to the GATS have become partially outdated and, moreover, show disparate levels of liberalisation and of disciplines as regards the commitments made by WTO members in relation to trade in services; stresses, however, that this reflects the very nature of the service sector, which is fundamentally different from the trade in goods sector;
5. Rejects the opening and pursuit of plurilateral negotiations on a Trade in Services Agreement (TISA) for any of the reasons in the following paragraphs;
6. Takes the view that a TISA cannot be concluded with reference to Article X.9 of the WTO Agreement, with the goal of incorporating a TISA into Annex 4 thereto; believes that the WTO Ministerial Conference does not have the authority to accept a plurilateral agreement negotiated among a subset of WTO members in relation to the service sector, in which a multilateral agreement based on a most-favoured nation (MFN) clause (the GATS) is already in place; calls on the parties participating in the TISA negotiations to reconsider the wisdom of this approach, for which there is no precedent in the history of the WTO and which would effectively change the architecture of the multilateral trading system;
7. Notes that a majority of the participants involved in the initiative are in favour of concluding a TISA under Article V of the GATS, as a plurilateral free trade agreement (FTA) on services, without extending the benefits of this future agreement to the whole of the WTO’s membership and consequently without applying the MFN clause of the GATS[3]; recalls that in order to qualify under Article V of the GATS, the TISA would need to be very ambitious, covering a substantial proportion of all trade in services, across all service sectors and modes of delivery;
8. Stresses that so far developing and emerging countries have not participated in the TISA negotiations and that some of them have clearly stated their opposition to this initiative; is convinced that developing and emerging countries will have no incentive to join the TISA at a later stage, if it needs to be very ambitious in order to qualify as a FTA under Article V of the GATS;
9. Draws the conclusion, therefore, that the WTO rules provide no basis for this initiative or for the Union’s stated interest in advancing liberalisation in the service sector; warns that the TISA initiative could even undermine the prospects for progress within the existing GATS format and architecture, should it depart from the concept of positive listing of commitments, the fundamental definitions and principles set out in the GATS and its rules on national treatment, market access and disciplines;
10. Urges the Commission to withdraw from the TISA initiative;
11. Believes that, under conditions in which the Commission faces budget constraints, the Council could consider giving a positive response to such a request to withdraw from the TISA negotiating mandate, in order to put DG Trade resources to better use for the European economy;
12. Notes that the EU has already concluded, or is in the process of negotiating, bilateral trade agreements with some of the partners in the TISA negotiations (including Japan and soon the US), containing strong services chapters in which country-specific bilateral issues are better addressed; believes that withdrawing from the TISA initiative will not disadvantage the EU;
13. Instructs its President to forward this resolution to the Council and the Commission.