This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/business/2015/oct/23/ttip-eu-negotiators-appear-to-break-environmental-pledge-in-leaked-draft

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
TTIP: EU negotiators appear to break environmental pledge in leaked draft TTIP: EU negotiators appear to break environmental pledge in leaked draft
(35 minutes later)
The EU appears to have broken a promise to reinforce environmental protections in a draft negotiating text seen by the Guardian, submitted in the latest round of TTIP talks in Miami. The EU appears to have broken a promise to reinforce environmental protections in a leaked draft negotiating text submitted in the latest round of TTIP talks in Miami..
In January, the bloc promised to safeguard green laws, defend international standards and protect the EU’s right to set high levels of environmental protection, in a haggle with the US over terms for a free trade deal.In January, the bloc promised to safeguard green laws, defend international standards and protect the EU’s right to set high levels of environmental protection, in a haggle with the US over terms for a free trade deal.
But a confidential text filed in the sustainable development chapter of negotiations earlier this week contains only vaguely phrased and non-binding commitments to environmental safeguards. But a confidential text seen by the Guardian and filed in the sustainable development chapter of negotiations earlier this week contains only vaguely phrased and non-binding commitments to environmental safeguards.
Related: What is TTIP and why should we be angry about it?Related: What is TTIP and why should we be angry about it?
No obligations to ratify international environmental conventions are proposed, and ways of enforcing goals on biodiversity, chemicals and the illegal wildlife trade are similarly absent.No obligations to ratify international environmental conventions are proposed, and ways of enforcing goals on biodiversity, chemicals and the illegal wildlife trade are similarly absent.
The document does recognise a “right of each party to determine its sustainable development policies and priorities”. But lawyers say this will have far weaker standing than provisions allowing investors to sue states that pass laws breaching legitimate expectations of profit.The document does recognise a “right of each party to determine its sustainable development policies and priorities”. But lawyers say this will have far weaker standing than provisions allowing investors to sue states that pass laws breaching legitimate expectations of profit.
“The safeguards provided to sustainable development are virtually non-existent compared to those provided to investors and the difference is rather stark,” said Tim Grabiel, a Paris-based environmental attorney. “The sustainable development chapter comprises a series of aspirational statements and loosely worded commitments with an unclear dispute settlement mechanism. It has little if any legal force.”“The safeguards provided to sustainable development are virtually non-existent compared to those provided to investors and the difference is rather stark,” said Tim Grabiel, a Paris-based environmental attorney. “The sustainable development chapter comprises a series of aspirational statements and loosely worded commitments with an unclear dispute settlement mechanism. It has little if any legal force.”
The document contains a series of broadly sympathetic statements about the importance of conservation and climate action. But it offers no definitions of what core terms – such as “high levels of protection” for the environment or “effective domestic policies” for implementing them – actually mean.The document contains a series of broadly sympathetic statements about the importance of conservation and climate action. But it offers no definitions of what core terms – such as “high levels of protection” for the environment or “effective domestic policies” for implementing them – actually mean.
Last year, more than a million people across Europe signed a petition calling for the Transatlantic Trade and Investment Partnership (TTIP) talks to be scrapped. Their concern was that multinationals could use the treaty’s investor-state dispute settlement (ISDS) provisions to sue authorities in private tribunals, not bound by legal precedent.Last year, more than a million people across Europe signed a petition calling for the Transatlantic Trade and Investment Partnership (TTIP) talks to be scrapped. Their concern was that multinationals could use the treaty’s investor-state dispute settlement (ISDS) provisions to sue authorities in private tribunals, not bound by legal precedent.
Related: Prospect of TTIP already undermining EU food standards, say campaigners
In one famous case, Lone Pine launched an unresolved $250m suit against the state of Quebec after it introduced a fracking moratorium, using ISDS provisions in the North American Free Trade Agreement (Nafta).In one famous case, Lone Pine launched an unresolved $250m suit against the state of Quebec after it introduced a fracking moratorium, using ISDS provisions in the North American Free Trade Agreement (Nafta).
Related: Prospect of TTIP already undermining EU food standards, say campaigners
US officials maintain that few such cases are ever likely to be brought under the TTIP, which could wipe away tariffs in the world’s largest ever free trade deal.US officials maintain that few such cases are ever likely to be brought under the TTIP, which could wipe away tariffs in the world’s largest ever free trade deal.
However, environmental cases accounted for 60% of the 127 ISDS cases already brought against EU countries under bilateral trade agreements in the last two decades, according to Friends of the Earth Europe. Europe’s taxpayers paid out at least $3.5bn to private investors as a result.However, environmental cases accounted for 60% of the 127 ISDS cases already brought against EU countries under bilateral trade agreements in the last two decades, according to Friends of the Earth Europe. Europe’s taxpayers paid out at least $3.5bn to private investors as a result.
Natacha Cingotti, a trade campaigner for the group, said that only a carve-out of environmental protections from the tribunal process could prevent such cases mushrooming after a TTIP deal.Natacha Cingotti, a trade campaigner for the group, said that only a carve-out of environmental protections from the tribunal process could prevent such cases mushrooming after a TTIP deal.
“This new leak illustrates that the European commission is not serious about protecting essential safeguards for citizens and the environment in the context of the TTIP talks,” she told the Guardian. “Powerful corporate polluters are likely to get VIP treatment under it, while the only chapter that could bring strong language to protect essential regulations to build a sustainable future is weak and unenforceable.”“This new leak illustrates that the European commission is not serious about protecting essential safeguards for citizens and the environment in the context of the TTIP talks,” she told the Guardian. “Powerful corporate polluters are likely to get VIP treatment under it, while the only chapter that could bring strong language to protect essential regulations to build a sustainable future is weak and unenforceable.”
Related: The promised ‘transparency’ around TTIP has been a sham | Sven Giegold
A trade deal is supposed to be clinched by the end of 2016, although the deputy US trade representative, Michael Punke, said on Wednesday that the negotiations had not been moving as “constructively and ambitiously” as planned.A trade deal is supposed to be clinched by the end of 2016, although the deputy US trade representative, Michael Punke, said on Wednesday that the negotiations had not been moving as “constructively and ambitiously” as planned.
But lawyers and campaigners fear that any further progress around the Miami table could come at the expense of environmental concerns, with the latest round of talks due to close on Friday. Related: The promised ‘transparency’ around TTIP has been a sham | Sven Giegold
But lawyers and campaigners fear that any further progress around the Miami table could come at the expense of environmental concerns, with the latest round of talks due to close in Miami on Friday.
An EU promise that TTIP would “support our climate targets, for example by promoting trade and investment in green goods and services” has already been thrown into doubt by the leak of a draft energy chapter last May. In it, Europe’s negotiators pushed for “a legally binding commitment in the TTIP guaranteeing the free export of crude oil and gas resources”.An EU promise that TTIP would “support our climate targets, for example by promoting trade and investment in green goods and services” has already been thrown into doubt by the leak of a draft energy chapter last May. In it, Europe’s negotiators pushed for “a legally binding commitment in the TTIP guaranteeing the free export of crude oil and gas resources”.
By comparison, “sustainable development is being treated like an appendage or unwanted stepchild,” Grabiel said. “The unequal treatment of sustainable development cannot be reconciled with the EU policy objectives in this area.”By comparison, “sustainable development is being treated like an appendage or unwanted stepchild,” Grabiel said. “The unequal treatment of sustainable development cannot be reconciled with the EU policy objectives in this area.”