WRITTEN QUESTION No. 3686/97 by Jesús CABEZÓN ALONSO to the Commission. The Helms-Burton law and agreements with the United States
8. 6. 98 EN Official Journal of the European Communities C 174/99 Answer given by Sir Leon Brittan on behalf of the Commission (7 January 1998) The Community, by decision of the Council of 22 May 1995, participates in the negotiations on a Multilateral agreement on investment (MAI) which are held in the framework of the Organisation for economic co-operation and development (OECD). Negotiating guidelines for the Community and Member States participation in the negotiations were adopted by the Council on 27 November 1995. In May 1997, the OECD ministerial meeting decided that negotiations on the MAI should be finalized by the time of its next meeting in early May 1998 The objective of the Community and its Member States in the negotiations is to achieve a legally binding agreement applying to all levels of government, creating a transparent non-discriminatory and liberal investment environment, covering the pre- and post investment phase restricted by only limited narrowly defined, either horizontal, sectoral or country specific exceptions and supported by effective investor to state and state to state dispute settlement procedures. The result of the negotiations should be in conformity with the EC Treaty and ensure that the Communityís integration process can be continued in the future. It is the Commissionís view that, if this objective is achieved, the MAI will fill a gap in international rules for a globalizing economy and will be to the benefit of European investors, jobs and competitiveness. Concerning the possible threat of the agreement to environmental and human welfare and the ability of governments to develop and implement affective environmental policies domestically, the Commission would refer the Honourable Member to its answer to written questions No E-3289/97 (1) and No E-3291/97 (2) by Mr Kreissl-Do¤rfler. It is also worth noting that the MAI negotiating group decided in October 1997 to undertake an environmental review of the agreement which should be finalized in January 1998. (1) OJ C 134, 30. 4. 1998, p. 131. (2) OJ C 134, 30. 4. 1998, p. 132. (98/C 174/153) WRITTEN QUESTION E-3686/97 by Jesu·s Cabezo·n Alonso (PSE) to the Commission (19 November 1997) Subject: The Helms-Burton law and agreements with the United States With regard to the application of the Helms-Burton law and its consequences and in the view of the details of the agreement between the Commission and the US Administration, does the Commission not consider that the agreement is unbalanced, since Concessions are made by the United States, whilst commitments are made by the European Union? (98/C 174/154) WRITTEN QUESTION E-3687/97 by Jesu· s Cabezo·n Alonso (PSE) to the Commission (19 November 1997) Subject: The autonomy of foreign policy and the extraterritorial effect of certain laws The extraterritorial application of certain laws, such as the Helms-Burton law, may restrict the freedom of action of other countries and their foreign and commercial policies, since this freedom is subject to what individuals or businesses may do or intend to do at any given moment. What steps does the Commission intend to take to avoid these restrictions on the commercial and foreign policies of the European Union?