Le traité transatlantique, un typhon qui menace les Européens, par Lori M. Wallach (Le Monde diplomatique)

Le traité transatlantique, un typhon qui menace les Européens, par Lori M. Wallach (Le Monde diplomatique)

Le commissaire au commerce de l'Union européenne Karel De Gucht est
aujourd'hui à Paris pour discuter de l'accord de partenariat
transatlantique (sigles connus à ce jour : APT, GMT, TTIP, TAFTA...)

Le collectif ‪#‎StopTAFTA‬ s'est donné rendez-vous de 16h à 19h au croisement de l'avenue Iéna et Albert de Mun.

Pour celles et ceux qui ne sauraient pas encore de quoi il s'agit, l'article que nous publiions en novembre est en accès libre.

Trade Commissioner of the European Union Karel De Gucht today in Paris
to discuss the Transatlantic Partnership Agreement (known today
abbreviations: APT, GMT, TTIP, TAFTA ...)

The class # StopTAFTA was given an appointment from 16h to 19h at the intersection of Jena Avenue and Albert de Mun.
For those who do not know yet what it is, article that we published in November is open access.

 

 

Food security, labor law, ecology ...
The transatlantic treaty, a typhoon that threatens European stock
Started in 2008, the debate over free trade agreement between Canada and the European Union concluded October 18. A good omen for the U.S. government, which hopes to conclude an alliance of this type with the Old Continent. Negotiated in secret project ardently supported by the multinational allows them to sue any state that does not follow the rules of liberalism.

By Lori M. Wallach, November 2013 stock
Imagine there governments sue multinationals whose political orientation that effectively undermine their profits? It is possible that they can demand - and get! - Generous Compensation for loss of income caused by too confiscatory very restrictive environmental law or labor law? However unlikely it may seem, this situation is not new. He was already included in its entirety in the proposed Multilateral Agreement on Investment (MAI) negotiated in secret between 1995 and 1997 by twenty-nine members of the Organisation for Economic Cooperation and Development (OECD) (1). Disclosed in extremis, including Le Monde diplomatique, copy sparked a wave of unprecedented protests, forcing the promoters to the store. Fifteen years later, here it is back in a new guise. It
The Transatlantic Partnership Agreement (TPA) negotiated since July 2013, by the United States and the European Union is a modified version of the AMI. Provides that the laws on both sides of the Atlantic are meeting the standards set by the leading European companies and U.S. free trade, and under penalty of trade sanctions on the offending country, or repair of several million dollars in favor of the complainant .

According to the official schedule, the negotiations should result in two years. APT aggravating combines the worst elements in previous agreements. If it comes into force, privileges multinational force of law and bind forever in the hands of the rulers. Impervious to political change and popular mobilization, would apply willy-nilly, because its provisions may only be amended with the consent of the signatory countries. Europe will double in the spirit and terms of the Asian model, the agreement TPP (Trans-Pacific Partnership TPP) currently being taken in twelve countries after being ardently promoted by the U.S. business community. Together, the TPA and TPP form an economic empire able to dictate conditions beyond its borders. any country that seeks to establish trade relations with the United States or the European Union would be forced to take such what are the rules governing the common market are < br> Special Tribunal created free
Because trying to sell a large part of the nonprofit industry, negotiations on the TPP and TPA are held in camera. Delegations of the United States have more than six hundred consultants commissioned by multinationals, which have unlimited access to the preparatory documents and administration officials. Nothing should be filtered. Was instructed to let journalists and citizens out of discussions will be informed in due time, the signing is too late to react.

In a burst of candor, former Secretary of Commerce U.S. Ronald ("Ron") Kirk said "practice" Of Interest "maintain a degree of discretion and confidentiality (2)." Last time a working version to be formalization of an agreement was in the public square, has noted, negotiations failed - an allusion to the Free Trade Area of ​​the Americas (FTAA), an extended version of the Free Trade Agreement (NAFTA); the project, fiercely defended by George W. Bush, was unveiled on the website of the Board in 2001. Which Senator Elizabeth Warren argues that a negotiated procedure without democratic control should never be signed (3) agreement.

The urge to protect the site of the treaty between the U.S. and Europe to the attention of the public is easy to understand. It is better to take the time to announce to the country that the effects occur at all levels: from the top of the federal government to municipalities across the governorates and local councils, elected officials will have to redefine public policy background to meet appetites of private sectors still escaped him in part. The food, standards of toxicity, drug prices for Medicare, Internet freedom, privacy protection, energy, culture, copyright, natural resources, vocational training, public facilities, safety immigration is not an area of ​​general interest, which passes under the yoke of institutionalized free trade. Political action merely chosen to negotiate with companies or local agents of sovereignty crumbs that want to leave their consent.

Already said that the signatories will ensure "compliance with their laws, regulations and procedures" With the Treaty. No doubt they will ensure scrupulously to honor this commitment. Otherwise, they could be tried before a special tribunal established to adjudicate disputes between investors and States, and with the power to impose trade sanctions against them free
The idea may seem unlikely.; however, reflects the philosophy of trade agreements already in force. Last year, the World Trade Organization (WTO) has condemned the U.S. for its canned tuna labeled "dolphin safe" to indicate the country of origin of the imported meat, or to ban flavored snuff candy, these protective measures are considered barriers to free trade. Also inflicts punishment of several hundred million euros for its refusal to import genetically modified organisms (GMOs) in the EU. The novelty introduced by the APT and the TTP is allowing multinationals continue in its own name on the signatory countries whose policies have a restrictive effect on the commercial slaughter.

Under this system, companies could frustrate political health, environmental protection or regulation of finance implemented in no country claiming damages in extrajudicial courts. It consists of three business law, these special courses to meet the laws of the World Bank and the United Nations (UN) would be empowered to order the taxpayer heavy repairs as legislation rognerait "expected future profits" For a corporation. free
This "investor-to-state system" What seemed wiped after the abandonment of the IMA in 1998, was restored in secret for years. Under various trade agreements signed by Washington, were $ 400 million into the pockets of taxpayers multinationals due to the prohibition of intoxicants, overseeing the operation of the water, soil, wood, etc.. (4). Under the aegis of these treaties, the procedures currently in progress - in matters of general interest, such as medical patents, or the laws of pollution control climate and fossil fuels - are driving demand for damages to $ 14 billion.

The APT also increase the bill legalizing extortion, given the importance of the interests involved in the transatlantic trade. 1300 Three European companies are present on American soil twenty-four miles through subsidiaries, each of which can be estimated based one day not to seek compensation for business damages. Such bonanza would be far beyond the costs incurred by previous treaties. For its part, the EU member countries face a greater financial risk again, knowing that 14,400 U.S. companies in Europe have a network of 50,800 branches. In total, seventy-five miles companies could pull treasure hunting free
Officially, this system was built to serve to strengthen the position of investors in developing countries without reliable legal system.; which allowed them to assert their rights in the event of expropriation. But the European Union and the United States did not go exactly to areas of Anarchy; however, have a fully functional design and respects the right to justice of the property. Placing them anyway, under the supervision of special courts, the APT shows that its objective is not to protect investors, but to increase the power of the multinationals.
Trial for the minimum wage increase

Needless to say that lawyers make up these courts have no accountability to any electorate. Cheerfully reverse roles, they can also serve as judges declare their powerful clients (5). It's a small world that jurists of international investment: are only fifteen to share 55% Of the cases processed so far. Obviously, their decisions are final.

The "picture" They have the mission to protect are deliberately formulated rough road, and its interpretation rarely serves the interests of the majority. So that accorded to investors benefit from a coherent regulatory framework with its "projections" - As means the prohibition of government to change its policy once investment has occurred. Regarding the right to compensation in cases of "expropriation" This means that the government will put their hands in your pocket if the law has the effect of reducing the value of an investment, even when the same law also applies to local businesses. The courts also recognize the right of capital to acquire more and more land, natural resources, equipment, plants, etc.. Without consideration for multinationals: they have no obligation to the state and can sue when and where it suits them free
Some investors have a very broad view of their inalienable rights.. We have recently seen in European societies pursue against raising the minimum wage in Egypt or against limiting toxic emissions Peru, Alena is used in this case to protect the right to pollute the U.S. Renco Group (6). Another example is the cigarette giant Philip Morris, overcome by the smoke-free legislation in Uruguay and Australia, has been assigned to these two countries before a special tribunal. The U.S. pharmaceutical group Eli Lilly intends to do justice against Canada, guilty of having launched a patent system that makes some drugs more affordable. The Swedish electricity supplier Vattenfall claims several billion euros to Germany for its "Energy Revolution" What more severely oversees coal and nuclear output promises.

There is no limit to the penalty a court can force a State for a multinational. At one year, Ecuador has been ordered to pay a record $ 2,000 million in an oil company (7). Even when governments make their judgment, should pay court costs and various fees that average $ 8 million per case, lost at the expense of the citizen. Wherefore governments often prefer to negotiate with the applicant and plead your case in court. The Canadian government has saved so a call to the bar in the ban in a hurry on the toxic additive used by repealing oil industry.

However, claims not stop growing. According to the United Nations Conference on Trade and Development (UNCTAD), the number of cases before the special courts has increased tenfold since 2000. Though the system of commercial arbitration was designed in the 1950s, he never did much service to private interests in 2012, an exceptional year in terms of deposits folders. This boom has created a thriving nursery corporate financial advisors and lawyers.
The only US-EU proposal is supported for many years by the Economic TABD (Transatlantic Business Dialogue, DET), a lobby best known market today under the name of the Transatlantic Business Council (TABC). Founded in 1995 under the patronage of the European Commission and the Commerce Department of the United States, this meeting of wealthy businessmen campaigning for a highly constructive "dialogue" between the economic elites of the two continents, administration and commissioners Brussels Washington. The TABC is a permanent forum for multinational coordinate their attacks against the policies of general interest that are still standing on both sides of the Atlantic.

His goal, displayed publicly, is the elimination of what he calls "trade friction" (Irritants Commerce), ie, to operate on two continents under the same rules without government interference. "Regulatory convergence" and "mutual recognition" are part of semantic signs brandished encourage governments to the products and services of local law offenders.
pork ractopamine Unfair dismissal

But instead of advocating a simple relaxation of existing laws, activists openly propose rewriting transatlantic market itself same. The U.S. Chamber of Commerce business and Europe, two of the largest business organizations in the world, and called on negotiators APT to gather around a table working on a sample of large shareholders and policymakers to "write all texts governing "What then will become law in the United States and the European Union. Makes you wonder, indeed, if the presence of the writing workshop trade policy is really necessary ... free
Indeed, multinationals show a sincere remarkable statement of their intentions. For example on the issue of GMOs. While the United States is considering a state-two orders a label indicating the presence of genetically modified organisms in food - 80 of desired size% from consumers at home - food manufacturers, here and in Europe, pushing to ban this type of labeling. The National Confectioners Association does not mince words: ". U.S. The industry wants the APT progress on this issue by removing the GMO labeling and traceability rules" Influential Industry Association biotechnology (Biotechnology Industry Organization, BIO), which includes the giant Monsanto, meanwhile, is outraged that products containing GMOs and sold in the United States may be rejected in the European market. Therefore hopes that the "gap widens between deregulation of new biotechnology products in the United States and Europe Home" is filled quickly (8). Monsanto and its friends do not hide their hope that the transatlantic free trade area allows Europeans imposed their past "abundant catalog of GM products pending approval and use (9)." Free
The offense is no less strong in front of privacy. Digital Commerce Coalition (Coalition of digital commerce, DTC), which includes industrial and high technology Net urges negotiators APT to remove the obstacles to flows of personal data to pour freely from Europe to the United States (see the systematic tracking of the Internet is revolutionizing the advertising). "The current view of the Union that the United States does not provide privacy protection" adequate "is not fair" Getting impatient pressure groups. In light of the revelations of Mr. Edward Snowden in the spy system of the National Security Agency National Security Agency (NSA), this notice does not cut enough salt. However, different from the U.S. Council statement for International Business (USCIB), a group of companies, like Verizon, have fueled largely NSA Personal Data "The agreement should seek to identify exceptions, such as security and privacy, to ensure they are not used as disguised barriers trade. "free
quality standards also point diet. The meat industry U.S. intends to seek the abolition of the rule prohibiting European chickens disinfected with chlorine. At the forefront of this struggle, the Yum!, Owner of the fast food chain Kentucky Fried Chicken (KFC), organizations can expect the strike force of employers. "La Union only allows the use of Steam and water channels "Protests the American Association of meat, while another lobby, the American Meat Institute, condemns" unjustified refusal [to Brussels] meat supplemented with beta-agonists such as ractopamine hydrochloride. "

Ractopamine is a drug used to inflate the percentage of lean meat in pigs and cattle. Because of its risks to animal health and consumer, which is banned in hundred countries, including EU members, Russia and China United. For the meat industry of U.S. pork, this protective measure is a distortion of competition must urgently end the APT.
"The pork producers in the United States will not accept no other result than the lifting of the EU ban on ractopamine "Threat national pork producers Council (National Pork Producers Council, NPPC). Meanwhile, across the Atlantic, industrial grouped BusinessEurope denounce "barriers affecting EU exports to the United States, as U.S. law on food security." Since 2011, that fact allows control services to remove contaminated products import market. Again, it calls on the negotiators to make a clean sweep APT.

Is the same with the emissions of greenhouse gases. The organization Airlines America (A4A), the armed wing of American Airlines, established a list of "unnecessary regulations that are very harmful to [their] industry" and that the APT course aims to eliminate. At the forefront of this list is the European system of emission trading, which requires airlines to pay for their carbon pollution. Brussels has temporarily suspended this program; A4A requires permanently removes the name of "progress." Free
But it is in the financial sector of the market cross is the most virulent. Five years after the outbreak of the subprime crisis, the U.S. and European negotiators agreed that attempts to regulate the financial sector had their time. The frame you want to put in place plans to remove all the guarantees of investment risks and prevent governments to control the volume, nature or origin of financial products on the market. In short, there is simply scratching the word "regulation" Map.

Where this extravagant return to the old Thatcher moons come from? In particular, responds to the wishes of the Association of German Banks, which lacks not express "concerns" Shy About Wall Street reform yet adopted following the 2008 crisis. One of its members more entrepreneurs in this topic is Deutsche Bank, which has not yet received in 2009 hundreds of billions of dollars U.S. Federal Reserve in exchange for mortgage-backed securities (10) values. German destroyer Monster wants to end regulation Volcker, the cornerstone of the reform of Wall Street, which weighs in his opinion a "weight too much on non-US banks." Insurance Europe, the spearhead of insurance companies APT Europe want to share "delete" Collateral guarantees that deter sector to venture into high risk investments.

Regarding the Forum of European services, the employers' organization that is part of Deutsche Bank, which stirred discussions between racks that transatlantic regulatory authorities in the United States continue to put their nose in the affairs of large foreign banks operating in their territory. American side, we especially hope to bury the APT for the good of the European project of a tax on financial transactions. The case seems already heard, the European Commission has stated that the tax itself does not comply with WTO rules (11). Area as the transatlantic free trade promises an even more rampant WTO, while the International Monetary Fund (IMF) has consistently opposed any form of control over the movements of liberalism capital insignificant "Tobin Tax" No worries many people in the United States.

But deregulation sirens can not be heard in the only financial industry. APT intends to open the competition to all the "invisible" or public interest sectors. The signatory states would be required to submit not only their public services to market logic, but also disclaim any intervention on foreign service providers who covet their markets. The policy space for health, energy, education, water and transportation would be reduced to a trickle. Fever Commercial unforgiving more immigration, as the instigators of the APT power to establish a common border policy arrogate -. Presumably to facilitate the entry of the goods or services for sale, at the expense of the other
< br> In recent months, the pace of negotiations intensified. In Washington, there is good reason to believe that European leaders are willing to do anything to revive a moribund economic growth, even at the price of a denial of its incorporation. The argument of the proponents of APT, unregulated free trade facilitating trade and therefore create jobs allegedly outweighs the fear of a social earthquake. Tariff barriers that still exist between Europe and the United States are nevertheless "already quite low" As recognized by the U.S. Trade Representative (12). Artisans same APT admit that their main objective is not to reduce the customs restrictions, all insignificant anyway, but to impose "the elimination, reduction or prevention of unnecessary national policies (13)" Being considered "superfluous" Anything that makes slow the flow of goods, such as financial regulation, combating global warming or the exercise of democracy.

is true that the few studies on the implications of the APT did not discuss their social benefits and economic. A frequently cited report from the European Centre for International Political Economy (European Centre for International Political Economy, ECIPE) said with the authority of a Nostradamus Business School APT deliver the people of greater wealth transatlantic market of 3 cents per person per day ... 2029 (14).

Despite his optimism, the same study estimated that only 0.06% increase in gross domestic product goal (GDP) in Europe and the United States after the entry into force of the APT. Even such "impact" is unrealistic in large measure, to the extent that the authors believe that free trade "increases" Economic growth; regularly a theory refuted by the facts. As an infinitesimal lift would also be imperceptible. In comparison, the fifth version of Apple iPhone has led U.S. GDP grew eightfold.

Almost all studies were funded by APT will favor free trade institutions or employers' organizations, so that the social costs of the Treaty appear only its direct victims who could still be in the hundreds of millions. But games are not done yet. As shown in the misfortunes of AMI, the FTAA and some rounds of negotiations in the WTO, the use of "trade" as a Trojan horse to dismantle social protections and establishing responsible business meeting failed repeatedly in last. Nothing says it will not be the same this time. Lori M. Wallach free

Guard Director Public Citizen Global Trade, Washington, DC, www.citizen.org