WRITTEN QUESTION No. 3687/97 by Jesús CABEZÓN ALONSO to the Commission. The autonomy of foreign policy and the extraterritorial effect of certain laws
Date: 1997-11-19
Institutions: CABEZON ALONSO, European Parliament
Subjects: Cuba, European undertaking, United States, World Trade Organisation, agreement (EU), extra-territoriality, international law, investment abroad

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 Community(cid:146)s integration process can be continued in the future.

It is the Commission(cid:146)s 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?