Ref. Ares(2017)3712792 - 24/07/2017
Ref. Ares(2017)4070668 - 17/08/2017
27 July 2016 10:41
(TRADE); Art. 4.1(b)
RE: EU-China Investment Agreement SIA sector analysis
A sustainability impact assessment is a an assessment of the future agreement from an
economic, social, environmental and human rights perspective that takes place during the
negotiations in order to provide useful recommendations to the negotiators. That said the SIA
is being conducted by an external contractor, i.e. not by the Commission in order to ensure
the independent and objective character of the assessment and the ensuing
I assume that the consultants would like to assess for instance a difference in investment
flows in case the equity restrictions were lifted.
On your second remark: Indeed, what we explained also at the CSD is that for the time being
we hold text based discussions that are not sector specific. This means that we are discussing
for instance an horizontal obligation not to discriminate against foreign investors in all sectors.
At the stage of sector specific negotiations (not yet happening at this stage), we will discuss
with China sector specific exceptions to this rule, for instance we might agree that the
obligation not to discriminate will not apply to X sector where both or one of the parties may
maintain the right to impose foreign equity restrictions.
I hope this clarifies, but happy to discuss further in case of further queries.
Kind regards, Art. 4.1(b)
26 July 2016 15:44
EU-China Investment Agreement SIA sector analysis
Dear Art. 4.1(b) ,
Hope you are well.
On July 5 2016, my colleague Art. 4.1(b)
attended the Transport Equipment
the Ecorys EU-China Investment Agreement SIA workshops.
According to her report, it appears that investment issues in China as described in our SEA
Europe position paper are very difficult (if not impossible) to quantify.
We understand that it is important to attend these meetings and to deliver input, but we find
it difficult to understand how the EC negotiators will use these statistics politically and how
the statistics in this SIA report will influence the negotiations. What is the EC going to do
with these statistics?
Would you please give us some insight on this?
In addition, you have said that the issues that our sector is facing in China (e.g. national
treatment, shareholding restrictions, local content requirement) are also being addressed by
other sectors. Therefore, these problems will be addressed at the horizontal level.
However, take shareholding restriction for example. It is sector specific. How can we make
sure that such a restriction is removed for our sector if the issue is discussed at the horizontal
Looking forward to your advice.
With best regards,
Rue Marie de Bourgogne 52-54
1000 Brussels, Belgium
tel.: +32 2 282 0355