archives: WTO InfoGerman Parliament on Singapore Issues, GATS, TRIPS
German Bundestag Published Record 15/1317
15th Legislative Session Status: 01/07/2003Motion
...of the parliamentary fraction of the SPD
in conjunction with ... the parliamentary fraction of the BÜNDNIS 90/DIE GRÜNENSecuring Fair and Sustainable Trade Through a Comprehensive Development-Oriented World Trade Round
(...)
It remains critical that developing countries are able to define their own market opening steps. They shall therefore not be pressured to take compulsory market opening measures that are not in accord with their economic and social development. It is unacceptable for concessions in agricultural or other areas of particular importance to developing countries to be linked with liberalisation offers "forced" from the developing countries.
(p. 8)
The German Bundestag sees the need for clearly elucidating the definition of the term "provision of basic public services" in the GATS negotiations, in order to avoid quarrels and dispute settlement procedures at the WTO and to secure the provision of basic public services through government action.
(...)
It is contradictory that on one hand the EU does not wish to liberalise its own water market under GATS, but on the other hand has requested the opening of markets in the water sector from numerous developing countries. Water cannot be viewed as just any good, any commodity. Consequently, pressure should not be created to regulate this area under the GATS treaty.
(p. 8/9)
The LDCs should be excluded indefinitely from all obligations of the TRIPS treaty. The resources required are out of all proportion to the institutional capabilities of these countries and to their economic power.
(p. 9)
A revision of the TRIPS treaty should furthermore have the goal of prohibiting the patenting of the discovery of living organisms, of bringing the WTO regime in accord with the International Biodiversity Convention, of acknowledging and safeguarding the traditional knowledge, innovations, methods and technology of indigenous peoples and small farmers in the developing countries.
(p. 9/10)
At the Ministerial Conference in Cancún a decision will once more be made on whether new issues should be a part of any future negotiations. This relates to the issues trade and competition, trade and investment and the inclusion of government procurement. Numerous developing countries have come out against the expansion of the WTO's agenda.
Even if the EU has until now declared itself in favour of the inclusion of the afore-mentioned issues, it should bear in mind in light of the current status of the ongoing negotiations in the development round, as well as those in TRIPS, GATS or agriculture, that substantial progress has to first be achieved in these areas before further issues are to be introduced into the international trading system. The Federal Government should in this respect bring its influence to bear on the European negotiating position.
(pp. 10 - 14)
III. The German Bundestag calls on the Federal Government to:
(...)
4. press for gender justice and gender coherence in international negotiations. This means that prior to ratifying trade agreements gender-specific assessments should be performed;
5. bring its influence to bear to protect cultural assets and cultural diversity from being undermined by WTO rules. This includes assessing the cultural impact of liberalisation measures;
(...)
14. press for a general assessment and, if need be, a revision of the respective provisions in TRIPS as well as for extensive access to life-essential drugs in developing countries and a correspondingly more precise formulation of the TRIPS treaty in this area;
17. bring its influence to bear on the GATS negotiations, with a view that national states at the level of government action ensure quality is safeguarded in the provision of basic services and that the criteria will be applied not only to government bids, but also to all domestic and foreign ones. The decision on the awarding of public subsidies must also remain with national states;
20. urge upon the EU not to create any pressure for the water sector to be regulated under the GATS treaty. The EU should renounce its requests in the area of water delivery;
21. bring its influence to bear on the GATS negotiations, with a view that these should not lead to a weakening of national fiscal and monetary policies and that the domestic monetary and banking system should be strengthened. Accordingly, the protection of the financial system, if need be through restrictions on capital inflows and outflows, as well as through further proven measures, should not be hindered by obligations under the GATS treaty;
22. urge upon the EU that negotiations on the "Singapore Issues", competition, investment protection, transparency in government procurement, should only commence if substantive results with respect to a "development" round are achieved in the current negotiations;
23. to work towards negotiating an investment protection agreement in the WTO that not only secures new rights and more procedural security for investors, but also obligates investors to abide by internationally agreed upon standards such as the ILO core labour norms and the OECD guidelines for multinational corporations;
(...)
Berlin, 2nd July 2003
Franz Müntefering and fraction
Katrin Dagmar Göring-Eckhardt, Krista Sager and fraction
(inofficial translation by Todd Brown for WEED - thanks!)
World Economy, Ecology & Development (WEED)
www.weed-online.org
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