Case: Policy coherence in general

24-01-2011 FTA negotiations India pose threat for migrants and patients, according to MEPs Falbr and Smith

The European Commission is negotating a Free Trade Agremeent (FTA) with India. There have been several MEPs who already expressed concerns about these talks in the past. Recently MEP Richard Falbr (S&D) asked the Commission in a written question if India is insisting to include Mode 4 in the FTA. Mode 4 is part of the General Agreement on Trade in Services (GATS). This would create a new way for temporary labour migrants coming from third countries as part of trade agreements instead of immigration policies. It could be argued that this would create a chance for migrants, yet they would not be protected by the International Labour Organisations conventions. Moreover Falbr is wondering if the talks between India en the EU are done in secrecy, and only made public after an agreement is reached.

MEP Alyn Smith (Greens/EFA) is having concerns about provisions the Commission wants to include in the FTA. Specifically on data exclusivity to limit Indian pharmaceutical companies to create generic medicines based on research done in Europe or the United States. India is known to provide developing countries with cheap generic medicines. However the Commission is in support for strict patent regulations, that exceed standards set by the World Trade Organisation. Smith worries that this would harm patients in developing countries.

These examples provided by the MEPs are showing incoherences with the European development objectives. Firstly, migration and development are clearly linked. While Fair Politics welcomes legal options for circular migration, labour rights must be met to ensure migrants wellbeing. Moreover, brain drain from developing countries is a serious risk that must be taken into account by the Commission. Secondly, when it comes to choising between patients and patents, Fair Politics thinks the choice is easy. Because of their price, generic medicines save lives in poor developing countries and the Commission should be supportive, instead of trying to protect the interests of rich European pharmaceutical companies.

For the concerns expressed on the FTA negotiations with India, both MEP Richard Falbr (S&D) and MEP Alyn Smith (Greens/EFA) are recognised as Fair Politicians. They each earn one point in our monitoring system.

Monitor fair: S&D, Greens/EFA

Parliamentary questions
P-010304/2010
8 December 2010
WRITTEN QUESTION, by Richard Falbr (S&D)

Subject: Mode 4 and FTA negotiations
Is it true that at the talks on the free trade agreement with India, India is insisting on inclusion of  Mode 4 provisions in this agreement?
Is it true that the negotiations are proceeding in camera and that the outcome will be made public only after the talks have been completed?
Is it true that there will be an influx of workers from India who will not be covered by the usual rules prevailing in the European Union? Here I am referring to compliance with the relevant conventions of the International Labour Organisation and the EU directives regulating the position of workers on the labour market.

Parliamentary questions
E-010134/2010
6 December 2010
WRITTEN QUESTION, by Alyn Smith (Greens/EFA)

Subject: Trade agreements and generic medicines
The Commission is currently negotiating a new free trade agreement with India. There are concerns that proposals within the draft agreement regarding data exclusivity may limit the right of Indian pharmaceutical companies to produce generic drugs based on the results of clinical trials carried out by European and American pharmaceutical companies. Limiting India's pharmaceutical industry in such a way would risk limiting the flow of cheap but effective life-saving drugs to the developing world.
Can the Commission clarify if it is negotiating a deal which includes provisions that go beyond what is required by agreements of the World Trade Organisation concerning data exclusivity, patent extension and border protection measures? Further, will the Commission be publishing a draft of the Free Trade Agreement, and if so, when?