Changes from plenary report to adopted text

Change 1

RemovedEXPLANTORY STATEMENT

RemovedThe UN ‘Mauritius’ Convention on transparency for Investor-State Dispute Settlement (ISDS) marks a step towards greater public access to documents and hearings, as well as the inclusion of civil society in disputes brought by investors against States under investment treaties.

RemovedIts ratification by the EU has been a long standing request by the Parliament, including in the 2022 European Parliament resolution on the Future of EU International Investment Policy. Under the arbitration rules that commonly govern ISDS proceedings, disputes can remain hidden from public view from their launch until their conclusion. One of the parties can demand this secrecy, even though cases can target democratically decided measures, and lead to awards in the billions. Ensuring full transparency should be a minimum requirement.

RemovedThe Mauritius Convention facilitates the application of the United Nations Commission of International Trade Law (UNCITRAL) Transparency Rules to investment treaties concluded prior to 1 April 2014. These rules require all documents, including tribunal decisions and party submissions, to be made public; that hearings be open to the public; and that interested parties, such as civil society organisations, be allowed to make submissions to the tribunal. All EU agreements concluded after 2014 already include similar transparency requirements.

RemovedThe convention retroactively applies to investment treaties signed before the introduction of the UNCITRAL transparency rules. Contracting parties who ratify the convention can have the new rules applied in disputes under older treaties, without the need to renegotiate them individually.

RemovedApproximately 1,200 agreements involving EU Member States fall under the scope of the Convention. The Energy Charter Treaty (ECT) is the only treaty covered at EU level.