Key Facts

• The CPTPP may not sufficiently safeguard against potential negative impacts on local industries, workers' rights, and environmental standards.
• Labour's amendments aim to ensure that trade respects commitments under international agreements including combating climate change, protecting biodiversity, and upholding labour rights.
• About 90% of the world’s oil palm trees are grown on islands in Malaysia and Indonesia.
• Only 1% of Malaysian palm oil smallholdings are certified by the Roundtable on Sustainable Palm Oil, constituting approximately 40% of all palm oil plantations in Malaysia.
• Deforestation is now the second largest contributor to climate change globally, after burning fossil fuels.
• Once ratified, CPTPP will remove import tariffs on palm oil irrespective of environmental credentials.
• Secondary legislation under schedule 17 of the Environment Act 2021 is still due.
• The Government initially committed to looking at six agricultural commodities but now only four are covered in the secondary legislation: non-dairy cattle, cocoa, palm oil and soy.
• Businesses with a global annual turnover of £50 million or more will have to comply with the secondary legislation.
• Afruibana raised concerns about tariff reductions on bananas from Mexico and Peru affecting African exporters.
• Gareth Thomas has been an MP for 27 years.
• The UK was subject to a contractual dispute regarding Eurotunnel under the Labour Government.
• The UK supports ISDS in CPTPP but not necessarily with Canada.
• A full impact assessment for the UK’s accession to CPTPP was published at signature in July 2023.
• The UK Government published an impact assessment last July.
• CPTPP members are signatories to the Paris Agreement and other multilateral environment agreements covering biodiversity, ozone-layer protection, and pollution.
• There will be no tariffs on UK exports of new electric vehicles and wind turbine towers under the CPTPP.
• CPTPP does not prevent a domestic right to regulate.
• In spring, the Government will lay forest risk commodities legislation under the Environment Act.
• Palm oil imports certified as sustainable increased from 16% in 2010 to 86% in 2022.
• Deforestation related to palm oil in Malaysia has fallen by 60% since 2012 (latest available data).
• The UK and Malaysia are signatories to the Glasgow leaders’ declaration on forests and land use, aiming to halt deforestation by 2030.
• Gareth Thomas is moving amendment 3 to Clause 4.
• Rupa Huq will discuss Amendment 4.
• Amendment 4 proposes a Secretary of State must publish an assessment within three years after Royal Assent.
• The intellectual property chapter in CPTPP includes provisions for protecting geographical indicators (GIs).
• Two products from northwest England—traditional Cumberland sausage and Beacon Fell Lancashire cheese—have secured GI status in the UK.
• Clause 4 of the Bill allows opposition to a GI application based on trademark confusion and grounds for cancellation of agrifood GIs.
• The NFU thinks that CPTPP provisions for food GIs are limited, with spirits and wines being the only products with agreed protections.
• Promoting British products with GIs could help secure greater export returns for UK farmers.
• Elizabeth Truss promised GI status in Japan within five months for 70 iconic British foods more than three years ago.
• Amendment 3 was tabled as a probing amendment.
• The Government has already published a full impact assessment for UK’s accession to CPTPP in July 2023.
• A biennial monitoring report and comprehensive evaluation report will be published within five years of the UK’s accession.
• Clause 5 addresses performers' rights in broadcasting and public playing of music.
• A consultation document was released on January 15, due to close on March 11.
• The issue could have significant consequences for the UK's creative industries.
• There is no mention of CPTPP compliance in the impact assessment.
• Clause 5 implements articles 18.8 and 18.62 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
• The amendments ensure that foreign performers from CPTPP parties qualify for rights in UK law based on eligibility criteria.
• Amendment 5 would limit application to CPTPP parties only, while amendment 6 delays changes until after Bill enactment.
• Amendments 5 and 6 are probing amendments reflecting industry concerns.
• Amendment 7 seeks to delay commencement of performers' rights provisions until twelve months after Bill passage.
• The Intellectual Property Office is consulting publicly until 11 March, aiming to implement outcomes in parallel with the Bill's effect.
• New Clause 1 proposes an assessment of CPTPP Chapter on government procurement within three years of Royal Assent.
• New Clause 3 calls for a review and assessment of lessons learned from negotiation and implementation of the CPTPP Chapter on government procurement.
• Professor Albert Sanchez-Graells expressed concerns about legal uncertainty under CPTPP procurement rules.
• The CPTPP allows for the exclusion of legal remedies based on public interest, which could discourage small businesses from investing in CPTPP countries.
• UPOV 91 requires strict national IP legislation that can eliminate farmers' rights to save and exchange certain seeds.
• Compliance with UPOV 91 has been controversial in Malaysia and Chile due to concerns about loss of biodiversity.
• The new clause requires a review of the financial risk of ISDS implementation not more than 18 months after the Act's passage.
• Concerns are raised about ISDS challenging environmental regulations, as seen in the Eco Oro Minerals Corp. v. Republic of Colombia case where the company sued for $696 million due to a mining ban protecting páramos ecosystems.
• The Trades Union Congress (TUC), Trade Justice Movement, and Greenpeace express concerns over ISDS's impact on democratic governance and policy autonomy.
• The Veolia v. Egypt case concluded after six years of litigation with costs ranging from $8 million to $30 million.
• Between 1993 and 2020, UNCTAD reported 1,104 known ISDS cases globally, many involving environmental regulations.
• Amendments propose mandating parliamentary approval for ISDS mechanisms by resolution of each House of Parliament.
• Public consultations are required to address diverse viewpoints and concerns from trade unions, environmental groups, and other affected sectors.
• The UK has investment agreements retaining ISDS provisions with about 90 trading partners.
• The UK has never been a recipient of a successful ISDS case from any investors from CPTPP parties or other countries.
• ISDS can prevent arbitrary discrimination against foreign companies and is important for attracting foreign direct investment.
• British investments in Canada totalled £40.6 billion in 2021.
• The UK has investment agreements containing ISDS provisions with seven of the eleven CPTPP countries and 90 countries worldwide.
• No successful claim from any investors of CPTPP countries or other countries with which the UK has ISDS commitments.