What Was TTIP? The EU-US Trade Deal, Its Critics and How It Ended

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6 Things You Need To Know About TTIP

TTIP, the Transatlantic Trade and Investment Partnership, was a proposed trade and investment deal between the European Union and the United States. Talks began in July 2013, ran through 15 negotiating rounds and stalled in late 2016. The deal was never signed, and in April 2019 EU governments formally declared the original negotiating mandate "obsolete and no longer relevant". At its peak, though, TTIP was one of the most fiercely contested trade projects in Europe, and the arguments it raised still shape trade debates today.

This guide explains what TTIP was meant to do, the six main concerns critics raised, how much of that worry was justified, and how the story ended.

What TTIP was supposed to do

Tariffs between the EU and the US were already low, so TTIP was mostly about something else: rules. Its supporters wanted to reduce the cost of meeting two separate sets of standards, for example by recognising each other's safety tests for cars or medicines, and to open public procurement and services markets.

The economic case rested on studies such as a 2013 report by the Centre for Economic Policy Research, commissioned by the European Commission. It projected that an ambitious deal could add between €68 billion and €119 billion a year to the EU economy by 2027, and that about 80% of the gains would come from cutting regulatory differences rather than tariffs. Backers in Britain often quoted a gain of around £10 billion a year for the UK. Critics answered that these were modest long-term effects, spread over a combined market of roughly 800 million people, and that the price could be weaker protections.

Opposition grew quickly. Trade unions, consumer groups, environmental organisations and many charities campaigned against the deal, especially in Germany, Austria and the UK. A European Citizens' Initiative against TTIP and the EU–Canada deal, CETA, collected more than 3.2 million signatures in a year. In 2016 Greenpeace published 248 pages of leaked negotiating texts, feeding the complaint that the talks were too secretive.

Concerns 1 and 2: the NHS and public services

The fear that most worried British voters was that TTIP would force the National Health Service to open up to US private healthcare companies, and make any privatisation hard to reverse. In 2016 a petition by the campaign group 38 Degrees gathered more than 130,000 signatures on this point.

The European Commission repeatedly said public services would be protected, and trade agreements usually allow governments to exclude publicly funded health care. Critics replied that the exclusions in draft texts were narrowly worded and that once services were opened to competition, investment rules could make it costly to bring them back into public hands. The worry was never tested, because no final text was agreed. A related concern, that the deal could restrict public access to drug companies' clinical trial data, was raised by health campaigners but also remained hypothetical.

Concern 3: food safety and chemicals

The most vivid images of the campaign were food ones: chicken washed in antimicrobial rinses and beef from cattle given growth hormones, both common in the US and restricted in the EU. Genetically modified crops, which are widely used in US processed food but tightly regulated in Europe, and pesticides permitted in America but banned in the EU, were part of the same argument.

Underneath lies a real difference of approach. EU law leans on the precautionary principle: under its chemicals regulation, REACH, companies must show a substance can be used safely before it goes on the market. US regulators have generally needed to show evidence of harm before restricting a product. Campaigners often illustrated this by noting that the EU bans or restricts well over a thousand substances in cosmetics, while the US has restricted only around a dozen. EU negotiators said they would not lower their food or chemical standards, and the BBC reported in 2015 that food safety had become a major stumbling block in the talks.

Concerns 4 and 5: banking rules and digital privacy

Financial regulation cut the other way. After the 2008 crisis, the US introduced rules under the Dodd–Frank Act that some saw as tougher than Europe's. The EU, with backing from London's financial sector, pushed to include financial regulatory cooperation in TTIP, which critics feared could weaken those rules. The US Treasury resisted, and financial services regulation was largely kept out of the negotiations.

On privacy, many activists remembered ACTA, the Anti-Counterfeiting Trade Agreement, which the European Parliament rejected by a large majority in July 2012 after mass protests over online surveillance and internet freedom. Opponents warned that similar copyright enforcement and data-flow rules could return through TTIP. The EU said its data protection laws, later strengthened by the GDPR in 2018, would not be up for negotiation.

Concern 6: jobs and corporate courts

An impact study for the European Commission acknowledged that some workers would lose jobs as industries adjusted, and suggested EU adjustment funds could help those affected. Critics also pointed to NAFTA, the 1994 agreement between the US, Canada and Mexico. Estimates of its effect on jobs vary widely: the left-leaning Economic Policy Institute has claimed hundreds of thousands of US jobs were displaced, while other economists found the overall employment effect was small.

The deepest objection was to investor-state dispute settlement, or ISDS. These clauses let foreign companies sue governments before international arbitration panels if a policy hurts their investment. The best-known example was Vattenfall, the Swedish energy firm, which used a similar mechanism under the Energy Charter Treaty to claim billions from Germany over its decision to phase out nuclear power after the Fukushima disaster in 2011. Campaigners saw cases like this as giving corporations a way to challenge democratic decisions outside normal courts. War on Want's John Hilary described the tribunals as little more than kangaroo courts.

Under public pressure, the European Commission proposed in 2015 to replace ISDS in TTIP with a permanent Investment Court System, with appointed judges and an appeal body. The idea later appeared in the EU's deal with Canada.

How the story ended

By late 2016 negotiations had stalled, and the election of Donald Trump, who opposed large multilateral trade deals, effectively ended them. On 15 April 2019 EU governments approved mandates for two much narrower talks with the US, on industrial tariffs and on conformity assessment, and stated that the June 2013 TTIP directives were obsolete.

The Vattenfall dispute also closed. In March 2021 Germany agreed to pay four utilities a total of €2.4 billion over the nuclear phase-out, of which €1.4 billion went to Vattenfall, and the arbitration claim was withdrawn as part of the settlement.

For anyone following trade policy today, TTIP's legacy is a useful checklist. When a new trade agreement is proposed, it is worth asking how open the negotiations are, whether public services are clearly excluded, how food and chemical standards are protected, and how disputes between investors and governments will be resolved. Those were the right questions in 2016, and they remain the right ones now.

Sources: Wikipedia: Transatlantic Trade and Investment Partnership; CLEPA: Council of the EU adopted negotiating directives for trade agreements with the US (15 April 2019); American Nuclear Society: Germany settles with utilities over nuclear phaseout (March 2021); earlier reporting by IBTimes UK, The Independent and the Huffington Post UK.

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