On the proposal for a Council decision on the conclusion of the Sustainable Investment Facilitation Agreement between the European Union and the Republic of Angola

PR_NLE-AP_Agreement

Symbols for procedures

* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision on the conclusion of the Sustainable Investment Facilitation Agreement between the European Union and the Republic of Angola

(COM(2023)0313 – C90000/2023 – 2023/0181(NLE))

(Consent)

– having regard to the proposal for a Council decision (COM(2023)0313),

– having regard to the draft Sustainable Investment Facilitation Agreement between the European Union and the Republic of Angola (00000/2023),

– having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C90000/2023),

– having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

– having regard to the recommendation of the Committee on International Trade (A90000/2023),

1. Gives its consent to the conclusion of the agreement;

2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Angola.

EXPLANATORY STATEMENT

On 23 March 2021, the Commission adopted a recommendation for a Council Decision authorising the opening of negotiations with Angola on an agreement on investment facilitation. This followed a joint statement issued by Executive Vice-President of the European Commission, Mr. Valdis Dombrovskis and Minister of Trade and Industry of Angola, Mr. Victor Fernandes, on 8 September 2020 confirming “their intention to start exploratory discussions on an EU-Angola investment agreement, on top of the EPA, focusing on investment facilitation.” On 26 May 2021, the Council of the European Union authorised the opening of negotiations and adopted negotiating directives.

On 22 June 2021, the EU and Angola launched negotiations on a Sustainable Investment Facilitation Agreement (“the Agreement”). The negotiations were concluded after four rounds of negotiations on 18 November 2022.

The overall objective of the Agreement is to provide for legal certainty, improve the investment climate and facilitate the mobilisation and retention of investment between the EU and Angola on the basis of modern and simplified rules and procedures relating to foreign direct investment, benefiting both foreign and domestic companies. It promotes sustainable development, economic growth and job creation and strengthens the bilateral investment relationship. This Agreement is the first agreement on investment facilitation that the EU has negotiated.

The Agreement has four substantive chapters (II. Transparency and predictability; III: Streamlining of authorisation procedures; IV. Focal points and involvement of stakeholders; V. Investment and sustainable development). Chapter VI “Dispute avoidance and settlement”, which is based on cooperation between the Parties and seeking a mutually-agreed solution, includes furthermore the possibility of State-to-State arbitration as a last resort, in addition to mediation rules.

The Agreement also integrates a sustainable development dimension in the investment relationship, including commitments not to weaken labour or environmental laws and standards for the sake of attracting investment. It includes commitments to effectively implement international labour and environmental agreements, including the Paris Agreement. The Agreement requires the Parties to promote responsible business practices by investors and strengthens bilateral cooperation on investment-related aspects of climate change policies and gender equality policies.

In accordance with Article 218(6) TFEU, the consent of the European Parliament is required in order for the Council to adopt a decision on the conclusion of the Agreement.

In the light of the above, the Rapporteur recommends the Parliament to give its consent to the conclusion of the Agreement.