91998E1203

WRITTEN QUESTION P-1203/98 by Patricia McKenna (V) to the Commission (6 April 1998)

Subject: Multilateral Agreement on Investment

The member countries of the OECD are currently negotiating the Multilateral Agreement on Investment (MAI). The most recent draft of this agreement contains a number of provisions which could jeopardize the freedom of the European Union to manage the fishing industry in the Community according to its own priorities and policies. It could also threaten the ability of the EU to fulfil the undertakings given within certain international treaties and conventions which the EU has signed.

The provisions which seem particularly worrisome include:

- the ban on performance requirements;

- the application of the principle of 'national treatment' to all investors;

- the principles of standstill and roll-back on reservations.

Has the Commission made an assessment of the possible impact of the MAI on the EU fishing industry, including the catching, processing and distribution sectors? Can the Commission demonstrate that the MAI will not curb, in any way, the ability of the Community to establish and implement policies for the conservation of fish stocks and the management of Community fisheries?

Has the Commission, or indeed any party to the negotiations, conducted an analysis of the impact of the MAI on existing international conventions which the EU and/or the Member States have signed, such as the UN Law of the Sea and its associated Agreement on Straddling and Highly Migratory Stocks, as well as various regional fisheries management bodies?

What assurances can the Commission give that the reservations which the Commission and certain Member States intend to table will provide adequate protection for Community fisheries, both now and in the future, and that it will not be forced to rescind them at some point in the future?

Answer given by Sir Leon Brittan on behalf of the Commission (30 April 1998)

The Multilateral agreement on investment (MAI), currently negotiated in the context of the Organization for economic cooperation and development (OECD), is intended to cover all sectors of the economy, including the fisheries sector. Since the negotiations are continuing, an evaluation of the impact of the MAI on the fishing industry and existing international, regional and bilateral conventions is difficult to make. The Commission is committed to ensuring that the MAI will not put obstacles in the way of present measures in the field of common fisheries policy and their implementation.

Negotiators are actively working on solutions to preserve the continuation of existing bilateral, regional and international agreements related to the conservation and management of fish stocks and their further development.

The Commission and some Member States have tabled preliminary exceptions in order to protect measures taken in the framework of the common fisheries policy, as well as present and future bilateral fisheries agreements, from the disciplines of the MAI. To be effective all Member States have to table similar exceptions. The Commission discusses with all Member States the formulation of such exceptions.