European Commission Announces Major Transparency Initiative For TAFTA/TTIP
from the now-it's-your-turn,-USTR dept
One of the biggest -- and most justified -- criticisms of the TAFTA/TTIP negotiations is that they are being conducted in almost complete secrecy. Attempts to deflect this criticism with token moves such as "stakeholder meetings" have failed, not least because so-called "civil society" sessions turned out to be packed with the usual business lobbyists. Similarly, the European Commission's release of negotiating positions meant that we had only general statements of intent, but without any meaningful detail -- and, as ever, the devil really does lie in those details.The recent appointment of a new European Commissioner for Trade, Cecilia Malmström, offered the hope of a new era, especially when she quickly outlined two proposals for boosting transparency, showing a welcome appreciation of the importance of this topic:
First, to extend access to TTIP texts to all Members of the European Parliament, beyond the currently limited group of Members of the European Parliament's International Trade Committee.The first happened immediately, and Malmström has just started to deliver on the second:
Second, to publish texts setting out the EU's specific negotiating proposals on TTIP.
The European Commission today published a raft of texts setting out EU proposals for legal text in the Transatlantic Trade and Investment Partnership (TTIP) it is negotiating with the US. This is the first time the Commission has made public such proposals in bilateral trade talks and reflects its commitment to greater transparency in the negotiations.Here are some more details of what the newly-published texts include:
The so-called 'textual proposals' published today set out the EU's specific proposals for legal text that has been tabled in the proposed TTIP. They set out actual language and binding commitments which the EU would like to see in the parts of the agreement covering regulatory and rules issues. The eight EU textual proposals cover competition, food safety and animal and plant health, customs issues, technical barriers to trade, small and medium-sized enterprises (SMEs), and government-to-government dispute settlement (GGDS, not to be confused with ISDS). Today, the Commission has also published TTIP position papers explaining the EU's approach on engineering, vehicles, and sustainable development, bringing the total number of position papers it has made public up to 15.There do seem to be some fairly important documents among the new releases. For example, there is the proposed text for the highly-contentious Sanitary and Phytosanitary measures (SPS) chapter (pdf), which covers various aspects of agricultural products. However, others are still missing: for the chapter dealing with copyright and patents, we only have a two-page factsheet giving very a broad outline of the proposed measures (pdf) -- and including the customary assurances that TTIP is not ACTA 2.0. There are other important sections missing, as the S&D group in the European Parliament has been quick to point out in a press release:
To make the online documents more accessible to the non-expert, the Commission is also publishing a 'Reader's Guide', explaining what each text means. It is also issuing a glossary of terms and acronyms, and a series of factsheets setting out in plain language what is at stake in each chapter of TTIP and what the EU's aims are in each area.
We also want the services schedule published, as the Commission has already done for the Trade in Services Agreement (TiSA), which would ensure the full protection of the public services.Public services is an area of great concern to many in the EU, so its absence here will be seen as a disappointment. Other suggestions for how the negotiations could be opened up have come from the EU Ombudsman, who has just published her report on TAFTA/TTIP transparency:
The European Ombudsman, Emily O'Reilly, while welcoming the real progress by the European Commission, has made a series of recommendations on how to further increase the transparency of the on-going Transatlantic Trade and Investment Partnership (TTIP) negotiations with the US. The recommendations relate to public access to consolidated negotiating texts, greater proactive disclosure of TTIP documents and increased transparency as regards meetings that Commission officials hold on TTIP with business organisations, lobby groups or NGOs.Clearly, then, there is now considerable momentum in Europe behind the move to open up TAFTA/TTIP. This raises the obvious question: so what about the US? As we noted last year, the USTR has shown no signs of softening its hard-line, anti-transparency position for either TTIP or TPP. But now that the European Commission has accepted the argument that openness is likely to help the acceptance of TTIP, rather than harm it, and aims to release key documents routinely, how long can the US negotiators plausibly maintain their outdated position?
Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: cecilia malmstrom, eu, eu commission, negotiating documents, tafta, transparency, ttip
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
Re:
So historically trade agreements have been a matter between states and companies, which is why they are the only people getting consulted.
With the focus on making common legal requirements in the modern agreements, we are talking about a completely different field, but since it is still the companies and states negotiating it, we see a fundamental problem of interest representation that is exasserbated by the lack of transparency.
[ link to this | view in chronology ]
Re: Re:
Tariffs and restrictions between these countries (Europe, North America, Japan, etc) are already very low. These agreements are not free trade agreements, they're protectionism agreements - protecting big businesses from competition. While of course exposing ordinary workers to more competition.
[ link to this | view in chronology ]
Re: Re: Re:
They're also exposing governments to litigious assholes, a la Eli Lily, just for doing their job (regulating pharma patenting, etc).
[ link to this | view in chronology ]
Re: Re: Re: Re:
Ah yes, protecting big businesses from regulation as well as competition. Can't forget that part.
[ link to this | view in chronology ]
Will the members of parliament be allowed to share and discuss the contents with the public. If not that's a huge problem.
It's also a big problem that this move may create a slightly one-sided impression of the deal where we don't get to hear about the more problematic proposals from the U.S. in time. I still think that the European Parliament stance on transparency is too weak. If the members of parliament were to declare in advance their intention to - out of principle - vote no to any agreement that hasn't been openly and democratically negotiated (at least open drafts after each meeting and preferably access to meetings) the negotiations would instantly open up. It wouldn't be difficult - it's just that the will seems to be lacking.
[ link to this | view in chronology ]
When in the US?
[ link to this | view in chronology ]
Re: When in the US?
Well that is actually true... do you really think the lobbyists/politicians will bite the hand that feeds them (companies/individuals that line their pockets), when they can just make empty promises and gestures to placate or distract the sheeple?
[ link to this | view in chronology ]
Re: When in the US?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Transparency is all fine
[ link to this | view in chronology ]
Re: Transparency is all fine
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]