The Role of the Civil Society in Monitoring the EU-Japan EPA Marjut Hannonen Head of Trade Section EU Delegation to Japan Tokyo, 13 November 2018

Content Context: engaging with civil society Provisions on civil society in the EU-Japan Economic Partnership Agreement Mechanisms and structures for civil society involvement Lessons learned

Engaging with civil society Lisbon Treaty Art 11: open, transparent and regular dialogue with representative associations and civil society Trade policy Linked to sustainable development instrument to pursue non-trade objectives Focus of attention from general public SLIDE Sustainable development stands on three interdependent and mutually reinforcing pillars: economic development, social development and environmental protection. Trade plays a key role in achieving sustainable development objectives, as it is an enabling factor for economic growth. Since trade policies can have wide-ranging effects on the economy, employment, labour standards, social cohesion, and the environment, the EU wants to ensure that its trade actions are supportive of sustainable development within the EU, in our partner countries, and globally. The EU has broadened the scope of its trade policy instruments to pursue non-trade objectives in the belief that non-trade aspects are increasingly important factors of competitiveness for participants in global value chains. It is becoming evident that the race to the top has started also in Asia. IN defining its broad trade policy objectives, the EU has sistematically involved the civil society. This is part both of the EU's general policy framework on consultation and civil society dialogue as stated in the Lisbon Treaty Art 11: “institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society”. It must also be seen in a wider context: all major international organisations, including the World Bank and the WTO, organise dialogue and/or consultation processes in an outreach to civil society. The EU openness to dialogue with civil society has coincided with the public interest in trade policy triggered by the now-stalled negotiations with the US (Transatlantic Trade and Investment Partnership - TTIP).

consumers' associations, trade unions, DG TRADE Civil Society Dialogue: Brussels based Structured and regular dialogue with EU civil society on trade. 450 registered organisations + 25 to 30 meetings per year. Engages with civil society to listen to their opinions and concerns + ensures transparency and accountability in trade policy making. Consistent with overall objectives of transparency in European policy making. Participants: 450 civil society organisations, representing a large range of interests, including: NGOs, consumers' associations, trade unions, employers' and professional associations, think tanks, the European Economic and Social Committee. Requirements to participate: Based in the EU Not-for-profit In EU Transparency Register

Provisions on civil society in the EU-Japan Economic Partnership Agreement

Committee on Trade and Sustainable Development The Committee shall have the following functions (Article 16.13 §2): … (c) interacting with civil society1 on the implementation of this Chapter; 1 For the purposes of this Chapter, "civil society" means independent economic, social and environmental stakeholders, including employers' and workers' organisations and environmental groups. In addition, in the event of disagreement between the Parties on any matter regarding the interpretation or application of this Chapter, the Parties

Mechanisms and structures for civil society involvement A dedicated institutional set-up, intended to foster accountability, dialogue and transparency Long-term engagement with Japan Involving the government and civil society An approach based on dialogue and cooperation Combined with a specific monitoring and enforcement mechanism

TSD Institutional Mechanisms A Party Committee on Trade and Sustainable Development Inter-governmental meeting: EU and Japan Officials from both trade partner countries: trade, labour and environment Meets once a year Reports to the Joint Committee Express views and opinions to promote the achievement of the objectives of the TSD Chapter Committee on TSD reports to civil society on the implementation of the TSD Chapter Monitor the implementation of the TSD Chapter Advise and recommends on TSD issues TSD Institutional Mechanisms Domestic advisory group Independent representative organisations of civil society Balanced representation of economic, social and environmental stakeholders, incl. employers' and workers' organisations and environmental groups Advisory role Joint Dialogue with civil society Open dialogue between the civil society and the Parties Meet once year (back-to-back with TSD Committee) Civil society represented by members of the DAGs a nd other independent civil society organisations EU DAG Japan DAG Selection process differs In each party, DAG meet regularly DAGEU-DAGJP meetings could be organized

TSD Institutional Mechanisms Committee on Trade and Sustainable Development Responsible for overseeing the implementation of TSD chapter Typically meets once a year, but regular inter-sessional follow-up important Contact points to facilitate communication Interaction with civil society to ensure transparency and accountability We expect to convene the first TSD committee meeting within the year of entry into force and generally once a year hereafter. It can be a stand-alone meeting or together with the other specialised committees in a cluster. The purpose of the TSD committee is to oversee the implementation of the TSD chapter through cooperation activities and discussions on matters related to the TSD chapter. Dialogue and effective cooperation will allow us find solutions to problems, when they arise. The functions TSD committee are: reviewing and monitoring the implementation and operation of this Chapter and, when necessary, making appropriate recommendations to the Joint Committee; considering any other matter related to this Chapter as the Parties may agree; interacting with civil society1 on the implementation of this Chapter; carrying out other functions as may be delegated by the Joint Committee pursuant to subparagraph 5(b) of Article 22.1; seeking solutions to resolve differences between the Parties as to the interpretation or application of this Chapter, including through the procedures pursuant to paragraph 5 of Article 16.17. The Committee adopts its decisions by consensus. Importantly, the EU's approach to the work of the Sub-committee puts transparency and public participation at the core. - decisions and reports are public - the Committee receives and considers inputs, comments and views from the public on matters related to the TSD chapter.

Domestic Advisory Group TSD Institutional Mechanisms Domestic Advisory Group Importance of balanced representation Facilitate exchanges on different interests among organisations Setting up DAGs: Mapping relevant civil society organizations, including those in other ministries' networks EU: existing consultative body, European Economic and Social Committee (EESC)+ open call for expression of interest to allow broad participation http://trade.ec.europa.eu/doclib/press/index.cfm?id=1870 SETTING UP DAG The key institution for facilitating the effective involvement of stakeholders is the Domestic Advisory Group (art 16.15), where civil society representatives discuss trade and related labour and environment and sustainable development issues. DAGs are de facto independent, they are however expected to meet regularly (both domestically and with the DAG of the other party). Stakeholders in DAGs can submit opinions and make (non-binding) recommendations on the implementation of TSD chapter both jointly, and also independently to their own respective Government. The European side will partly rely on an existing consultative body, European Economic and Social Committee, and an open Call for Expressions of Interest in participation in EU Domestic Advisory Groups will allow broad participation. We do not expect that Japan replicates the same mechanism. In fact, the EU is quite flexible as regards the solutions found to establish the DAG on the Japanese side. Not only does the EU expect the selection process (of stakeholders) to differ, but even their own rules of procedure are independent and do not have to be agreed jointly. Let's start this journey with a first step. Stakeholders have first to be identified via a thorough mapping of relevant interests/organisations. No single Ministry can do that alone: it is important to coordinate with other ministries. However, we consider that the setting up of DAG does not need to be rushed or complete from day 1. It is perfectly possible to proceed on a small scale and build up from there To function properly, the structure of the DAG needs a certain amount of resources. Normally there is some sort of in/direct contributions from the government.

Domestic Advisory Group TSD Institutional Mechanisms Domestic Advisory Group Example EU-Korea FTA The EU-Korea Domestic Advisory Group members : Business/employers sub-group: EESC, BusinessEurope, European Services Forum, European Fruit and Vegetables Trade Association, Eurochambres, European Chambers of Commerce in Korea Trade unions sub-group: EESC, European Trade Union Confederation (3 members) NGO/Diverse interests sub-group: EESC, Eurogroup for Animals, International Federation for Human Rights, Friedrich-Ebert-Stiftung Outputs to feed in TSD committee work: (Joint) statements, reports on specific issues (climate change, corporate social responsibility) https://www.eesc.europa.eu/en/sections-other-bodies/other/eu-korea-domestic-advisory-group

Domestic Advisory Group TSD Institutional Mechanisms Domestic Advisory Group Example CETA The EU-Canada Domestic Advisory Group members : Business sub-group: Association Générale des Producteurs de Blé et autres céréales, European Centre of Employers and Enterprises, CELCAA, BUSINESSEUROPE, European Services Forum, European Association for Bioindustries, European Fruit and Vegetables Trade Association, Energy Technologies Europe, UEAPME, EESC Labour sub-group: Confédération française démocratique du travail, Confederazione Generale Italiana del Lavoro, ETUC, ETUCE-EPSU, German Trade Union Confederation, Landsorganisationen i Danmark, Swedish Trade Union Confederation, Trades Union Congress, Unione Italiana del Lavoro, EESC Other organisations sub-group: BEUC (consumers), Eurogroup for Animals, Humane Society International/Europe, Transport & Environment, EESC https://www.eesc.europa.eu/en/sections-other-bodies/other/eu-canada-domestic-advisory-group/organisation

Joint Dialogue with civil society TSD Institutional Mechanisms Joint Dialogue with civil society No formal procedure: Parties shall agree on the operation of the Joint Dialogue before its first meeting (Art. 16.16§3) Usually Party who hosts the TSD Committee meeting organises Joint Dialogue with civil society Timely announcement and agenda crucial for success Facilitation remote participation (e.g. webstreaming) useful Discuss issues of interest to civil society organisation: Example: 6th meeting of the EU-Korea Civil Society Forum discussed issues like circular economy, jobs for youth, gender pay gap, implementation of ILO core conventions in Korea and the EU member states As a parallel activity of the yearly meeting, the Committee on TSD arranges a session with civil society organisations and the public at large, in order to carry out a dialogue on matters related to the implementation of the TSD chapter. These meetings constitute the main element of the constructive dialogue between the public sector institutions responsible for TSD implementation, and the civil society. As the implementation of the EPA is expected to be scrutinized by the civil society, transparency and timeliness in sharing information are of essence. Joint Dialogue with civil society should not be only government-let event (criticism of earlier civil society forums), DAG chairs or an independent moderator could be invited to co-chair.

Domestic Advisory Group TSD Institutional Mechanisms Domestic Advisory Group Joint Dialogue with civil society Valuable investment to facilitate future cooperation on implementation of TSD chapter May require support: EU: project aimed to increase resources and logistic support to improve the functioning of the domestic advisory groups in the EU (and in some non-EU) countries Example of support: Funding EU DAG members to attend meetings workshop back-to back with Joint Dialogue with civil society desk study In summary: - we fund three EU DAG members to attend the EU DAG meetings in Brussels and - six EU DAG members to attend joint meetings in Japan. - the PI project will offer a workshop during every joint meeting (meaning three in three years) and - one desk study during the project. In addition EESC has its own budget.

Lessons learned Experience (other agreements) shows importance of: Starting early with: other ministries to get ownership and commit resources to work on TSD implementation civil society to get organized and focus on substance Focusing work on limited number of issues Communicating widely about TSD chapter and achievements