Amendment 1 Sub-amendment 1 to amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Sub-amendment 1 to amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Amendment 11 Amendment 16 Amendment 12 Amendment 13 Amendment 14 Amendment 17 Amendment 18 Amendment 15 Amendment 19
Caption: AdoptedRejectedWithdrawnNo electronic votes
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 52 in favor 1 against 1 abstention
In the draft resolution, at the end of paragraph 3, insert the following words: "However, foreign investors in the European Union are already protected in three ways – by the European Court of Human Rights, European law and domestic law."
26 January 2017
Tabled by the Committee on Legal Affairs and Human Rights
In Amendment 1, after the words "in domestic law" insert the following words: "in EU member States".
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 18 in favor 30 against 7 abstentions
In the draft resolution, at the end of paragraph 4, insert the following words: "However, the European Court of Human Rights and European law also protect foreign investors in Europe and no cases have occurred where these, alongside domestic contract and public law, have allowed discriminatory practices against inward investors."
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 12 in favor 34 against 9 abstentions
In the draft resolution, at the end of paragraph 5.1, insert the following words: ", but the primary investor in the vast majority of these cases has been the European Union in smaller third countries that do not have the triple-lock investor protection of European Court of Human Rights, European law and domestic contract and public law;"
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 53 in favor 0 against 2 abstentions
In the draft resolution, at the end of paragraph 5.2, insert the following words: "the parties do not normally have the right of appeal; the tribunals can be inconsistent in their verdicts and may not respect the doctrine of precedent;"
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 52 in favor 1 against 2 abstentions
In the draft resolution, at the end of paragraph 5.3, insert the following words: ". There are a number of competing arbitration systems that have not had the benefit of transparent iterative evolution similar to that of the delivery of justice in public law in mature democracies;"
26 January 2017
Tabled by the Committee on Legal Affairs and Human Rights
In Amendment 5, after the words "have not", insert the word "yet".
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 15 in favor 34 against 5 abstentions
In the draft resolution, at the end of paragraph 5.4, insert the following words: ". However, international trade between the European Union, Canada and the United States is well established under existing protections;"
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 9 in favor 39 against 6 abstentions
In the draft resolution, paragraph 6.1, replace the words "It would" with the following words: "However, foreign investors in Europe are already protected in other ways – by the triple lock system of the European Court of Human Rights, European law and domestic law. The proposed ICS would".
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 11 in favor 36 against 7 abstentions
In the draft resolution, at the end of paragraph 6.1, insert the following words: "Once implemented, such arrangements would persist for twenty years without being open to change or improvement by the European Parliament or member States, irrespective of whether judgments and financial penalties were in conflict with the imperatives of public health, environmental sustainability and rights at work;"
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 11 in favor 36 against 6 abstentions
In the draft resolution, at the end of paragraph 7, insert the following words: "However, the Assembly considers that, in developed countries such as the United States, Canada and member States of the European Union, ISDS clauses and a permanent, multilateral ICS are not necessary to protect foreign investors."
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, paragraph 8, at the end of the third sentence, insert the following words: ", which should be limited to a reasonable timeframe".
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
If adopted, amendment 16 falls.
Votes: 6 in favor 43 against 6 abstentions
In the draft resolution, replace paragraph 9 with the following paragraph:
"The Assembly therefore calls on the European Union not to pursue, in their ongoing and future negotiations of international investment agreements with developed countries, including the Transatlantic Trade and Investment Partnership (TTIP), the establishment of an ICS to gradually replace traditional ISDS mechanisms. It regrets the inclusion of the ICS in the recently signed Comprehensive Economic and Trade Agreement (CETA) with Canada. CETA and TTIP must only be agreed if they are in line with human rights and the rule of law, and should, in particular:"
26 January 2017
Tabled by Mr Henk OVERBEEK, Ms Petra De SUTTER, Mr Joseph O'REILLY, Ms Sílvia Eloïsa BONET, Baroness Doreen MASSEY
Falls if amendment 11 is adopted.
Votes: 48 in favor 3 against 5 abstentions
In the draft resolution, replace paragraph 9 with the following paragraph:
"Members of the Assembly disagree on the need for ICS between developed countries but agree that, if ICS were pursued, it should be in accordance with the European Convention on Human Rights (ECHR), and, in particular, must fulfil the following conditions:"
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, paragraph 9.1, replace the word "follow" with the following words: "ensure that legal proceedings around investment continue to follow".
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, paragraph 9.2, replace the words "such human rights as the" with the following words: "human rights, including social rights,".
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 16 in favor 34 against 8 abstentions
In the draft resolution, replace paragraph 10.1 with the following paragraph:
"ensure, in the creation of an ICS, that the human rights and rule of law considerations set out above are fully taken into account and that the final judgments of the existing system of public and commercial law consistent with the European Court of Human Rights and European law are promptly and fully implemented at the national level;"
26 January 2017
Tabled by Mr Henk OVERBEEK, Ms Petra De SUTTER, Mr Joseph O'REILLY, Ms Sílvia Eloïsa BONET, Baroness Doreen MASSEY
In the draft resolution, after paragraph 10.4, insert the following paragraph:
"make ICS mechanisms an optional protocol from which exit is possible for individual States with a one year notice period and a fixed term of protection for existing investments;"
26 January 2017
Tabled by Mr Henk OVERBEEK, Ms Petra De SUTTER, Mr Joseph O'REILLY, Ms Sílvia Eloïsa BONET, Baroness Doreen MASSEY
Votes: 55 in favor 1 against 1 abstention
In the draft resolution, after paragraph 10.4, insert the following paragraph:
"ensure that, under ICS, companies can only sue for actual damages incurred;"
26 January 2017
Tabled by the Committee on Social Affairs, Health and Sustainable Development
Votes: 9 in favor 38 against 8 abstentions
In the draft resolution, replace paragraph 10.5 with the following paragraph:
"review whether any existing ISDS clauses in international investment agreements that they have entered into are eligible for change and, if so, assess their appropriateness and bring them into line with the best practices foreseen for the future ICS."
26 January 2017
Tabled by Mr Henk OVERBEEK, Ms Petra De SUTTER, Mr Joseph O'REILLY, Ms Sílvia Eloïsa BONET, Baroness Doreen MASSEY
In the draft resolution, after paragraph 10.5, insert the following paragraph:
"ensure that ICS and ISDS mechanisms are (re-)constructed in a way that binds them to implementing the European Convention on Human Rights and the rulings of the European Court of Human Rights."