On February 25, the Senate Committee on Homeland Security and Government Affairs Committee (HSGAC) held another hearing that attacked federal regulations and regulators as an unnecessary burden on corporations, employment creation and economic growth. Among the antidotes that the HSGAC majority will propose is a revised version of the Regulatory Accountability Act (RAA) (S. 1029 in the previous session of Congress). The RAA advocates and the industry lobbyists for “regulatory cooperation” in free trade agreements are largely the same. There is no such consistency from the White House, which opposes the RAA, but supports industry’s anti-regulatory agenda when it is cloaked in the trade policy euphemisms of “regulatory cooperation.”
The White House has already rejected the 2015 House of Representatives version of the RAA, stating it “would impose unprecedented and unnecessary procedural requirements on agencies that would prevent them from efficiently performing their statutory responsibilities. It would also create needless regulatory and legal uncertainty and further impede the implementation [of] protections for the American public. This bill would make the regulatory process more expensive, less flexible, and more burdensome.” The statement concludes, “If the President were presented with the Regulatory Accountability Act, his senior advisors would recommend that he veto the bill.”
President Obama, like the Bushes and Clinton before him, is all in on expanding the type of free trade multinational corporations love. Unfortunately, these trade agreements fuel an extractive form of globalization that has negatively impacted jobs and inequality, and have also been devastating for the climate. This week 40 groups—many of them focusing on rural and community-based responses to climate change—wrote Congress calling for the rejection of Fast Track trade authority, which would speed through two mega trade deals without fully assessing their impacts on the climate.
The letter is timely. In the next few weeks, Congress will consider whether to surrender their role under the Constitution to influence trade agreements before they are completed and grant the President Fast Track authority. Fast Track limits Congress’ role on trade agreements to an up or down vote, no amendments and limited debate. President Obama wants Fast Track to pass two massive trade deals—the Trans Pacific Partnership (TPP) with a dozen Pacific Rim countries, and the Transatlantic Trade and Investment Partnership (TTIP) with Europe. Both TPP and TTIP have been negotiated in secret, with only restricted access to the text for Members of Congress (but much greater access for corporate trade advisors).
Later this month, Congress will consider whether or not to hand Fast Track authority over to the President, limiting themselves to a simple up or down vote on two extraordinarily complex trade agreements now being negotiated in secret and without Congressional oversight.
Trade agreements affect a huge range of laws and programs that govern how our economies work, how we grow and sell food, and who benefits—or loses. These trade agreements could set new rules that would:
The new free trade agreements are the biggest ever—the Trans-Pacific Partnership (TPP) with 11 Pacific nations and the Transatlantic Trade and Investment Partnership (TTIP) with Europe. Once in place, free trade agreements often supersede state, local and even federal laws.
Let’s face it, these trade deals are negotiated on behalf of multinational corporations—not farmers, workers or consumers. Fundamentally, these trade agreements are about making it easier for corporations to shift production to where it’s cheapest, while undermining local economies and food systems. They could even grant corporations new rights to sue governments directly if their future profits are threatened. No wonder the negotiations are in secret!
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Repost from ARC2020
The Transatlantic Trade and Investment Partnership (TTIP) talks have revealed a contentious debate over local food names, so-called Geographical Indications (GIs). Far from a technical issue, the differing approaches to protections for local food names underscore very different traditions. Karen Hansen-Kuhn and Hannes Lorenzen unpack the issues in this long read.
Historically, European farmers have sought to protect names and processes for certain food products associated with a specific local food culture. GIs were originally a tool used by disadvantaged regions to protect their specific products and receive a premium price for unique, and sometimes difficult natural conditions of production, especially in mountain areas. It has been seen as a tool to keep a higher added value in a specific region and to create closer connections with consumers through clear rules for quality production.
To many Americans, this might sound like an obscure, new issue or appear as a trick of European negotiators to impose barriers in trade. Reports on EU demands to protect what most Americans would consider common food names such as “feta” have elicited surprised and rather derisive comments among Members of Congress and the media. On the other hand, some U.S. local producers of cheeses and specialty goods who are creating their own new traditions, are supportive of this approach and seek to enhance inadequate trademark protections in the U.S.
In his State of the Union address, President Obama urged Congress to renew Trade Promotion Authority, often called “Fast Track,” to complete two controversial international trade deals currently under negotiation, the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP). In attempts to portray this urgency, the President warned of China’s rising power in the realm of trade and global economics, and China is “trying to write the rules,” which would “disadvantage” American workers and businesses. Obama said, “We should write those rules. We should level the playing field.” But who actually writes the rules of these trade deals?
In mid-January, the Trade Benefits America Coalition submitted a letter to Congress leadership, urging the passage of Trade Promotion Authority. The undersigned Coalition members include over 200 of the largest corporations and trade associations in the country, a sample of which include Walmart, Coca Cola, the notorious corporate-led, state-focused ALEC, and four of the “Big 6” pesticide and GMO corporations: BASF, Bayer, Dupont, and Dow Chemical Company. Not one of the Coalition members appear to represent workers, the environment, or public health - a glaring indication of who will benefit from Fast Track and the pending trade deals.
The U.S. Country of Origin Labeling (COOL) rule is headed for a showdown at the World Trade Organization Appellate Body (AB) on February 16-17. At stake are not just the economic interests of those affected by the WTO ruling on COOL and the right of consumers to know the origin of their food, but also the capacity of WTO jurisprudence to reverse a ruling when new evidence emerges. In this instance, the AB will be presented with evidence that thoroughly rebuts the facts upon which a WTO Dispute Settlement Body (DSB) panel based its ruling against COOL.
COOL for a broad array of horticultural, nut, fish, shellfish and meat products was first mandated in the 2002 U.S. Farm Bill. Only the application of COOL to meat products has been challenged in court. The Institute for Agriculture and Trade Policy first supported COOL’s regulatory implementation at a U.S. Department of Agriculture (USDA) hearing in 2003. In successive Farm Bills, global meatpackers have sought to “reform” COOL by making the labeling rules so confusing as to be meaningless. COOL proponents have defended the labeling law successfully four times in U.S. Courts.
The eighth negotiating session for the Transatlantic Trade and Investment Partnership Agreement (TTIP) is happening this week in Brussels. One of the thorniest parts of the negotiations between the U.S. and EU concerns food safety.
Today, IATP published an analysis of the European Commission’s proposed chapter on food safety, plant health and animal health and welfare (SPS), released on January 7, and a January 28 leak of the chapter on “regulatory cooperation”. The proposal for regulatory cooperation covers all U.S. and EU “regulatory acts” (pre-regulatory research and draft proposed regulations, finalized regulations, and their implementation and enforcement), including those of U.S. states and EU member states that might have a “significant impacts on trade and investment” (Article 5).
Additionally, IATP has contributed to a joint NGO statement about the SPS chapter that was released in time for an EC-sponsored TTIP Stakeholders meeting on February 4. IATP’s analysis of the proposed chapters and of the U.S. government’s insufficient capacity to provide the “appropriate level” of SPS protection guaranteed in TTIP, give plenty of reason to doubt that public, environmental and animal health and welfare will be protected, as negotiators have promised.
Trade agreements can affect a huge range of laws and programs that determine how our economies work, how we grow and sell food, and who benefits―or loses. And they lock those decisions into permanent agreements that in many cases supersede state, local and even federal laws.
Shockingly, these powerful agreements aren’t the result of a thorough and informed public debate. While bills in Congress can be contentious, they do provide at least the possibility that the public can weigh in and even influence the final legislation. Under Fast Track rules, trade deals are negotiated behind closed doors, with the final results presented to Congress for an up or down vote, no amendments allowed, and limited floor debate.
Sometime soon, perhaps in the next month, Congress will be asked to give the Obama administration Fast Track authority. Earlier this year, IATP and more than 600 groups told Congress they should reject Fast Track, and instead take new a approach on trade, one that gives a voice to those most affected. We are launching a new webpage called Trade Secrets that uncovers what’s wrong with these new mega trade deals and how they affect our everyday lives, with our first piece focused on Fast Track.
We are hearing more and more news from Europe that the Transatlantic Trade and Investment Partnership (TTIP) is running into stiff head winds, and I had the pleasure of seeing this growing storm of opposition first-hand in Berlin last week. I attended a series of events culminating in the WIR HABEN ES SATT! “We’re Fed Up” march, a massive mobilization of people saying no to industrial agriculture. This year, a special focus was on TTIP and GMOs and demanding new protections for animal welfare. This was the fifth year of the march, and at 50,000 people, the biggest so far.
One of the organizers of the march, ARC2020, described the event: “Farmers and beekeepers, tractors and stiltwalkers, samba bands and chanting citizens of all ages made their colourful way from Potsdamer Platz to the Angela Merkel’s chancellery. Their aim? To say no to a broken industrialised globalised food system and yes to an alternative.”
IATP’s Shefali Sharma spoke at the We’re Fed Up rally following the march, along with Alessa Hartmann from the German organization Power-Shift. Shefali spoke about the reasons people in the U.S. are opposed to free trade agreements. We’ve seen what happens when corporations gain power at the expense of family farmers and local economies. “But,” she added, “the corporations and the Obama administration haven’t accounted for the massive organizing of unions, environmentalists, faith and farm groups to stop fast track and set our food systems in a different direction.”
We were pleasantly surprised yesterday to learn that the European Commission has taken major steps towards respecting the rights of citizens to see what is being negotiated in the Transatlantic Trade and Investment Partnership (TTIP). It published the EU negotiating texts for eight chapters of the agreement, including Sanitary and Phytosanitary Standards (SPS – on food safety and animal welfare), Technical Barriers to Trade (which could deal with such issues as food labeling), as well as chapters on state-owned enterprises, subsidies and government to government dispute resolution. The Commission committed to releasing draft proposed texts for 16 more TTIP chapters, as well as accompanying fact sheets and position papers related to each chapter. This is a big deal. It means that civil society groups and legislators can go beyond parsing proponent claims about TTIP to see exactly what’s on the table in TTIP, at least from a European perspective.
The European Union’s Ombudsman, Emily O’Reilly, issued her recommendations to the Commission yesterday for transparency measures to govern the negotiating of EC trade and investment agreements. Ms. O’Reilly said that of the EU TTIP negotiating texts she reviewed, only those concerning market access tariffs and quotas contained commercially sensitive information that justified an EC decision not to release the proposed market access chapter. She recommended that the Commission require the U.S. to justify why each and every of the consolidated EU-U.S. draft negotiating texts should not be made public.