C 443/40
EN
Official Journal of the European Union
22.11.2022
EESC welcomes the US proposal to address the global problem of forced labour on fishing vessels in ongoing WTO fisheries subsidies negotiations (6).
Transatlantic partners should further use their cooperation to work towards a stronger legal foundation for the inclusion of ILO fundamental labour rights in the WTO (7).
Bilateral labour issues of common interest should include comparative approaches to trade and sustainable development (TSD) chapters and their effective enforceability in Free Trade Agreements (FTAs) (8).
The EESC has long called for a revamped sanctionable enforcement approach for TSD chapters and welcomed innovative enforcement instruments in the US-Mexico-Canada Agreement (USMCA) (9).
3.5.
Working together in international fora: the TTC could provide a forum for preparing reinforced cooperation on labour and employment matters in international fora, particularly at the ILO and the Organisation for Economic Cooperation and Development (OECD).
This reinforced cooperation should include the promotion and enforcement of due diligence.
The TTC should encourage joint capacity building, notably for the promotion of occupational safety and health (OSH) worldwide, and develop joint projects, for example on resourcing labour inspection in third countries.
The expected inclusion of OSH Conventions among the ILO Core Labour Standards would provide a fertile area for cooperation.
Forced labour is an issue of deep common concern and the EU and US approaches, notably with regard to the importation of goods produced through such practices in China, should be coordinated.
The spread of new forms of employment worldwide, notably platform work, led by US and EU companies should be discussed in the relevant TTC Working Groups, including input from the labour side.
3.6.
Resilience and sustainability in global supply chains: the TTC should develop strategies for greater resilience by securing the sustainability of global supply chains and ensuring that they can function properly.
The EU and US should identify common vulnerabilities and work together, for example, in the field of availability of critical raw materials and products such as semiconductors.
Transatlantic partners should also draw immediate attention to a standardised approach to the security of energy supply that is fully aligned with an ambitious sustainability agenda like the European Green Deal.
Furthermore, they should consider common action to improve relevant production capacity, investments and logistics.
The TTC should work for common mandatory due diligence in supply chains, based on best practice, in order to set up a model for global sustainability requirements in value chains.
3.7.
Supporting the green economy: the TTC should focus on cooperation on climate and green technologies and just transition policies.
The EU and the US should promote an international framework and standards for climate mitigation, circular economy, sustainable finance, energy saving technology, green and social standards in public procurement, eco-labelling and sustainability reporting.
Furthermore, transatlantic partners should work for a multilateral framework on trade liberalization of environmental goods under current initiatives, namely the Environmental Goods Agreement (EGA), the Trade and Environmental Sustainability Structured Discussions (TESSD) and the Informal Dialogue on Plastics Pollution (IDP).
The TTC should focus on effective and coordinated Carbon Border Adjustment Mechanisms (CBAM) in order to set up a model for a global framework and to avoid trade conflicts between the EU and the US.
3.8.
Digitalisation and new economies: the TTC should focus on cooperation on technology standards, research and policies in the field of Artificial Intelligence (AI), the Internet of Things, 6G, battery, quantum and block chain technologies.
The framework should foster innovation and standardisation but must incorporate vital underlying policy considerations.
New technology areas such as AI often also have a workplace dimension that requires robust AI and data strategies, first providing for a European legal and empowering framework based on human rights, and therefore including ethical rules, labour and trade union rights.
While having exactly the same rules on both sides is not possible, interoperability of
(6) (7) (8) (9)
OJ C 374, 16.9.2021, p. 73.
Possible ways forward could consider an interpretive statement under Article IX:2 of the WTO Agreement, affirming an interpretation of the ‘public morals’ exception (Article XX of GATT 1994 and Article XIV of GATS), to be inclusive of ILO fundamental labour rights and outline the possible role of ILO determinations in any legal proceedings on the issue.
A good example to build on is the EU commissioned Comparative Analysis of Trade and Sustainable Development Provisions in Free Trade Agreements, LSE, February 2022, notably with regard to the Rapid Response Mechanism of the US-Mexico-Canada Agreement (USMCA), https://www.lse.ac.uk/business/consulting/assets/documents/TSD-Final-Report-Feb-2022.pdf OJ C 105, 4.3.2022, p. 40.