Case: Policy coherence in general

11-01-2012 Two-tier trade agreements questioned by MEP Bearder

In a written question to the Commission, MEP Catherine Bearder (ALDE) addresses the issue of the two-tier trade system in recently signed free trade agreements (FTAs). Referring to the Lisobn Treaty, she criticises the fact that environmental and human rights provisions are not part of the main body of the FTAs. This means that there is no real enforcement mechanism nor subject to dispute-settlement machinery and that it seems less important than the commercial chapters.

However, Bearder also gives the EU credit for making an important step with regards to sustainable development, by addressing wildlife protection, fisheries, illegal logging and corporate social responsibility in their recent FTAs. For instance the FTAs between the EU and South-Korea and the one between the EU and Peru and Colombia both contain a large chapter on Trade and Sustainable Development, in which the promotion of sustainable development and the sustainable use of biodiversity is stressed. As Fair Politics has advocated for such measures to increase Policy Coherence for Development (PCD), which in this case means that trade policy does not undermine the EUs development objectives and policies, we are very happy to see that the EU has actually taken these steps. However, to really achieve sustainable development, environmental and human rights provisions have to form an essential part of the FTAs main body so it can actually be enforced. For this reason MEP Bearder calls the way human rights and environmental provisions are incorporated in the FTAs tokenistic. She asks the Commission if they will change this approach to the human righst and environmental provisions and to make them legally binding.

Fair Politics welcomes the question by MEP Bearder. Not only does she express appreciation for the Commissions efforts to make FTAs more coherent with the development objectives, but she also points out that the Commission still has to make further improvements. For posing this question and for encouraging the Commission to increase their effort to achieve PCD, Fair Politics rewards MEP Catherine Bearder with one point in our monitoring system towards the Fair Politician of the Year Awards.

Monitor fair: ALDE


Question for written answer E-008899/2011
to the Commission
Rule 117
Catherine Bearder (ALDE)

Subject: An end to Europe's two-tier trade agreements

EU citizens are more than merely bargain hunters looking for cheap deals. As awareness amongst consumers grows, they look for evidence of the source of the goods they purchase. A previous Trade Commissioner once noted: Trade is not just about commerce, it is about people, their livelihoods, their families and sometimes their survival. Sustainable development both in Europe and abroad should be at the heart of everything we do. Indeed the Lisbon Treaty states that the EU shall contribute to peace, security, the sustainable development of the Earth [...], free and fair trade, eradication of poverty and the protection of human rights.
The EU has made important strides in the sustainable development chapters of recent free trade agreements (FTAs) by addressing issues such as wildlife protection, fisheries, illegal logging and corporate social responsibility. Yet the two-tier system currently employed in Europe's trade agreements where environmental and human rights provisions are relegated from the main body of the agreement into chapters not subject to dispute-settlement machinery and with no real enforcement mechanisms shows clearly that Europe still has a long way to go before we can hold our heads high and claim to be living up to the commitments we make in the Lisbon Treaty.
The demand for wild-caught meat, ivory and other endangered animal products and plants is on the increase. At the same time, mounting competition and economic pressures encourage unscrupulous corporations and governments to sidestep human rights in a race to the bottom.
Has the Commission any plans to change this tokenistic approach to human rights and environmental provisions, and to afford to them the same importance as the commercial chapters in all future European FTAs?
Is the Commission willing to live up to our Lisbon Treaty commitments by making these provisions legally binding and broadening the commitments of both parties to include truly enforceable environmental and human rights chapters?