CETA chapter by chapter
The Comprehensive and Economic Trade Agreement, or CETA, is a trade deal between the EU and Canada. It aims to boost trade and help generate growth and jobs.
CETA will:
- lower customs tariffs and other barriers to trade between the EU and Canada
- uphold Europe's high standards in areas like food safety, workers' rights and the environment
- respect democracy
CETA explained
- Joint Interpretative Instrument
- Benefits of CETA
Disclaimer
The content of this webpage is made available for informational purpose. The texts published in the EU Official Journal remain the only official source.
PREAMBLE
COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT (CETA)
BETWEEN CANADA, OF THE ONE PART,
AND THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE OTHER PART
of the one part, and
THE EUROPEAN UNION,
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
of the other part,
hereafter jointly referred to as the "Parties",
FURTHER strengthen their close economic relationship and build upon their respective rights and
obligations under the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994, and other multilateral and bilateral instruments of cooperation;
CREATE an expanded and secure market for their goods and services through the reduction or
elimination of barriers to trade and investment;
ESTABLISH clear, transparent, predictable and mutually-advantageous rules to govern their trade
REAFFIRMING their strong attachment to democracy and to fundamental rights as laid down in
The Universal Declaration of Human Rights, done at Paris on 10 December 1948, and sharing the view that the proliferation of weapons of mass destruction poses a major threat to international security;
RECOGNISING the importance of international security, democracy, human rights and the rule of
law for the development of international trade and economic cooperation;
RECOGNISING that the provisions of this Agreement preserve the right of the Parties to regulate
within their territories and the Parties' flexibility to achieve legitimate policy objectives, such as public health, safety, environment, public morals and the promotion and protection of cultural diversity;
AFFIRMING their commitments as parties to the UNESCO Convention on the Protection and
Promotion of the Diversity of Cultural Expressions, done at Paris on 20 October 2005, and recognising that states have the right to preserve, develop and implement their cultural policies, to support their cultural industries for the purpose of strengthening the diversity of cultural expressions, and to preserve their cultural identity, including through the use of regulatory measures
and financial support;
RECOGNISING that the provisions of this Agreement protect investments and investors with
respect to their investments, and are intended to stimulate mutually-beneficial business activity, without undermining the right of the Parties to regulate in the public interest within their territories;
REAFFIRMING their commitment to promote sustainable development and the development of
international trade in such a way as to contribute to sustainable development in its economic, social and environmental dimensions;
ENCOURAGING enterprises operating within their territory or subject to their jurisdiction to
respect internationally recognised guidelines and principles of corporate social responsibility, including the OECD Guidelines for Multinational Enterprises, and to pursue best practices of responsible business conduct;
IMPLEMENTING this Agreement in a manner consistent with the enforcement of their respective
labour and environmental laws and that enhances their levels of labour and environmental protection, and building upon their international commitments on labour and environmental matters;
RECOGNISING the strong link between innovation and trade, and the importance of innovation to
future economic growth, and affirming their commitment to encourage the expansion of cooperation in the area of innovation, as well as the related areas of research and development and science and technology, and to promote the involvement of relevant public and private sector
HAVE AGREED AS FOLLOWS:
CHAPTER ONE - GENERAL DEFINITIONS AND INITIAL PROVISIONS
This chapter explains the terms used in the agreement. This is so Canadian and European partners have a common understanding of the language used in the agreement.
- Section A - General definitions
- Article 1.1 - Definitions of general application
- Article 1.2 - Party-specific definitions
- Article 1.3 - Geographical scope of application
- Article 1.4 - Establishment of a free trade area
- Article 1.5 - Relation to the WTO Agreement and other agreements
- Article 1.6 - Reference to other agreements
- Article 1.7 - Reference to laws
- Article 1.8 - Extent of obligations
- Article 1.9 - Rights and obligations relating to water
- Article 1.10 - Persons exercising delegated governmental authority
CHAPTER TWO - NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
This chapter describes how CETA will lower or remove duties, taxes or other import fees for goods between the EU and Canada. CETA will remove most of these when it enters into force, and a few others more gradually. Both the EU and Canada commit to treating the goods they import from each other no less favourably than goods made domestically.
The chapter also outlines certain restrictions and controls that CETA will put or keep in place, such as to protect both sides' rights as WTO members or ensure the origin of the goods they import.
- Article 2.1 - Objective
- Article 2.2 - Scope
- Article 2.3 - National treatment
- Article 2.4 - Reduction and elimination of customs duties on imports
- Article 2.5 - Restriction on duty drawback, duty deferral and duty suspension programs
- Article 2.6 - Duties, taxes or other fees and charges on exports
- Article 2.7 - Standstill
- Article 2.8 - Temporary suspension of preferential tariff treatment
- Article 2.9 - Fees and other charges
- Article 2.10 - Goods re-entered after repair or alteration
- Article 2.11 - Import and export restrictions
- Article 2.12 - Other provisions related to trade in goods
- Article 2.13 - Committee on trade in goods
CHAPTER THREE - TRADE REMEDIES
In this chapter the EU and Canada reconfirm their rights and commitments under World trade Organization rules. These rules mean that each World trade Organization member can counteract the negative effects of unfair trade practices on their domestic industry, for example if another member 'dumps' goods on its market at below the cost of production, or subsidises production of those goods.
The chapter also includes:
- rules on transparency including:
- investigations launched into possible cases of unfair trade practices
- measures taken to counter them
- Section A - Anti-dumping and countervailing measures
- Article 3.1 - General provisions concerning anti-dumping and countervailing measures
- Article 3.2 - Transparency
- Article 3.3 - Consideration of public interest and lesser duty
- Article 3.4 - General provisions concerning global safeguard measures
- Article 3.5 - Transparency
- Article 3.6 - Imposition of definitive measures
- Article 3.7 - Exclusion from dispute settlement
CHAPTER FOUR - TECHNICAL BARRIERS TO TRADE
In this chapter, the EU and Canada commit to working more closely together on technical regulations for testing and certifying products. The aim is to enable regulators to:
- exchange experiences and information
- identify areas where they could cooperate more closely
This cooperation is voluntary. It can't in any way force the EU or Canada to lower their standards.
- Article 4.1 - Scope and definitions
- Article 4.2 - Incorporation of the TBT Agreement
- Article 4.3 - Cooperation
- Article 4.4 - Technical regulations
- Article 4.5 - Conformity assessment
- Article 4.6 - Transparency
- Article 4.7 - Management of the Chapter
CHAPTER FIVE - SANITARY AND PHYTOSANITARY MEASURES
This chapter covers food safety and animal and plant health. Since 1998, the EU and Canada have had a Veterinary Agreement in place. This applies to animals and any products made from them. Under CETA, the provisions of the SPS chapter replace the Veterinary Agreement, but the work that took place under the agreement continues.
This chapter also ensures that measures by either side to ensure food safety and animal and plant health do not create unjustified barriers to trade, but rather facilitate trade.
- Article 5.1 - Definitions
- Article 5.2 - Objectives
- Article 5.3 - Scope
- Article 5.4 - Rights and obligations
- Article 5.5 - Adaptation to regional conditions
- Article 5.6 - Equivalence
- Article 5.7 - Trade conditions
- Article 5.8 - Audit and verification
- Article 5.9 - Export certification
- Article 5.10 - Import checks and fees
- Article 5.11 - Notification and information exchange
- Article 5.12 - Technical consultations
- Article 5.13 - Emergency SPS measures
- Article 5.14 - Joint Management Committee for Sanitary and Phytosanitary Measures
CHAPTER SIX - CUSTOMS AND TRADE FACILITATION
This chapter aims to streamline customs procedures and make them more efficient. It ensures:
- transparency – e.g. making customs requirements public, and providing information online
- streamlined, risk-based procedures – e.g. risk management and pre-arrival processing rather than requiring each shipment offered for entry to be examined
- certainty and predictability – e.g. a transparent, efficient appeals process, reliable advance rulings on tariff classification
- Article 6.1 - Objectives and principles
- Article 6.2 - Transparency
- Article 6.3 - Release of goods
- Article 6.4 - Customs valuation
- Article 6.5 - Classification of goods
- Article 6.6 - Fees and charges
- Article 6.7 - Risk management
- Article 6.8 - Automation
- Article 6.9 - Advance rulings
- Article 6.10 - Review and appeal
- Article 6.11 - Penalties
- Article 6.12 - Confidentiality
- Article 6.13 - Cooperation
- Article 6.14 - Joint Customs Cooperation Committee
CHAPTER SEVEN - SUBSIDIES
This chapter increases transparency around government subsidies to companies. Both the EU and Canada have to notify each other if they subsidise the production of goods. And they have to provide further information on any subsidies they give to companies providing services, if the other side asks for such information.
In addition, the chapter sets up a mechanism to enable the EU and Canada to consult each other on subsidies that may negatively affect trade between them, and to find solutions if a subsidy is found to do so. The EU and Canada also agree not to subsidise exports of agricultural products to each other's markets.
- Article 7.1 - Definition of a subsidy
- Article 7.2 - Transparency
- Article 7.3 - Consultations on subsidies and government support in sectors other than agriculture and fisheries
- Article 7.4 - Consultations on subsidies related to agricultural goods and fisheries products
- Article 7.5 - Agriculture export subsidies
- Article 7.6 - Confidentiality
- Article 7.7 - Exclusion of subsidies and government support for audio-visual services and cultural industries
- Article 7.8 - Relationship with the WTO Agreement
- Article 7.9 - Dispute settlement
CHAPTER EIGHT - INVESTMENT
This chapter sets out measures to open up investment between the EU and Canada, and protect investors and ensure that governments treat them fairly.
- removes barriers to foreign investment, such as foreign equity caps or performance requirements
- allows EU investors to transfer their capital in Canada back to the EU, and vice versa
- puts in place transparent, stable and predictable rules governing investment
- guarantees that the government will treat foreign investors fairly
- sets up a new Investment Court System, or ICS, to enable investors to resolve investment disputes with governments quickly and fairly. For more details on the ICS, click here.
The chapter also confirms the right to regulate at all levels of government.
- Section A - Definitions and scope
- Article 8.1 - Definitions
- Article 8.2 - Scope
- Article 8.3 - Relation to other chapters
- Article 8.4 - Market access
- Article 8.5 - Performance requirements
- Article 8.6 - National treatment
- Article 8.7 - Most-favoured-nation treatment
- Article 8.8 - Senior management and boards of directors
- Article 8.9 - Investment and regulatory measures
- Article 8.10 - Treatment of investors and of covered investments
- Article 8.11 - Compensation for losses
- Article 8.12 - Expropriation
- Article 8.13 - Transfers
- Article 8.14 - Subrogation
- Article 8.15 - Reservations and exceptions
- Article 8.16 - Denial of benefits
- Article 8.17 - Formal requirements
- Article 8.18 - Scope
- Article 8.19 - Consultations
- Article 8.20 - Mediation
- Article 8.21 - Determination of the respondent for disputes with the European Union or its Member States
- Article 8.22 - Procedural and other requirements for the submission of a claim to the Tribunal
- Article 8.23 - Submission of a claim to the Tribunal
- Article 8.24 - Proceedings under another international agreement
- Article 8.25 - Consent to the settlement of the dispute by the Tribunal
- Article 8.26 - Third party funding
- Article 8.27 - Constitution of the Tribunal
- Article 8.28 - Appellate Tribunal
- Article 8.29 - Establishment of a multilateral investment tribunal and appellate mechanism
- Article 8.30 - Ethics
- Article 8.31 - Applicable law and interpretation
- Article 8.32 - Claims manifestly without legal merit
- Article 8.33 - Claims unfounded as a matter of law
- Article 8.34 - Interim measures of protection
- Article 8.35 - Discontinuance
- Article 8.36 - Transparency of proceedings
- Article 8.37 - Information sharing
- Article 8.38 - Non-disputing Party
- Article 8.39 - Final award
- Article 8.40 - Indemnification or other compensation
- Article 8.41 - Enforcement of awards
- Article 8.42 - Role of the Parties
- Article 8.43 - Consolidation
- Article 8.44 - Committee on Services and Investment
- Article 8.45 - Exclusion
CHAPTER NINE - CROSS-BORDER TRADE IN SERVICES
This chapter makes it easier for EU individuals and companies to provide services to Canadian customers, and vice versa. It covers:
- services such as legal services, accountancy, transport & telecom services, supplied from the EU into Canada, and vice versa
- services such as tourism, where a Canadian consumer has to move physically from Canada to the EU to consume that service, and vice versa.
The EU and Canada commit to ensuring fair, equal access to each other's services markets. In certain service industries the EU and Canada have made exceptions because, for example, the sectors in question - such as audio-visual services, certain aviation services - are sensitive. In addition, this chapter fully upholds governments' ability to regulate and supply services in the public interest.
- Article 9.1 - Definitions
- Article 9.2 - Scope
- Article 9.3 - National treatment
- Article 9.4 - Formal requirements
- Article 9.5 - Most-favoured-nation treatment
- Article 9.6 - Market access
- Article 9.7 - Reservations
- Article 9.8 - Denial of benefits
CHAPTER TEN - TEMPORARY ENTRY AND STAY OF NATURAL PERSONS FOR BUSINESS PURPOSES
This chapter provides legal certainty for trained workers, who temporarily enter the EU or Canada to do business. It states in a transparent, predictable way:
- the types of professional covered, and the sectors in which they can operate
- the maximum length of their stay
- that EU professionals will enjoy equal treatment in Canada and vice versa.
- Article 10.1 - Definitions
- Article 10.2 - Objectives and scope
- Article 10.3 - General obligations
- Article 10.4 - Provision of information
- Article 10.5 - Contact points
- Article 10.6 - Obligations in other chapters
- Article 10.7 - Key personnel
- Article 10.8 - Contractual services suppliers and independent professionals
- Article 10.9 - Short-term business visitors
- Article 10.10 - Review of commitments
CHAPTER ELEVEN - MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
This chapter creates a framework that would allow Canada to recognise professional qualifications earned in the EU, and vice versa. This would mean professionals on both sides of the Atlantic could practise in each other's territory. CETA leaves it to the relevant authorities or professional bodies in both the EU and Canada to negotiate a proposal on so-called mutual recognition that can then be integrated into CETA.
- Article 11.1 - Definitions
- Article 11.2 - Objectives and scope
- Article 11.3 - Negotiation of an MRA
- Article 11.4 - Recognition
- Article 11.5 - Joint Committee on Mutual Recognition of Professional Qualifications
- Article 11.6 - Guidelines for the negotiation and conclusion of MRAs
- Article 11.7 - Contact points
CHAPTER TWELVE - DOMESTIC REGULATION
This chapter ensures that all regulations which the EU and Canada issue are publicly available, easily understandable, and reasonable. This is to ensure that domestic regulations in the other territory don't act as an unfair barrier to trade for EU or Canadian businesses. In some cases the authorities in the EU or Canada might grant a licence to a company or an individual to supply a service or pursue a particular economic activity. In other cases they might impose qualification requirements.
In either case, they must do so punctually and consistently. This chapter excludes some areas of regulation, such as water distribution or other public services.
- Article 12.1 - Definitions
- Article 12.2 - Scope
- Article 12.3 - Licensing and qualification requirements and procedures
CHAPTER THIRTEEN - FINANCIAL SERVICES
This chapter enables financial institutions and investors in the EU and Canada to benefit from fair, equal access to each other's markets. Certain conditions apply, and the provisions comply fully with the prudential and regulatory standards in place in the EU and Canada. In addition, financial services firms can only offer their services cross-border in a limited number of sectors, such as certain insurance and banking services.
This chapter also creates a Financial Services Committee to help both parties supervise and regulate the sector. The chapter allows the EU and Canada to protect the security and integrity of their respective financial systems. And it excludes areas such as pensions and social security.
- Article 13.1 - Definitions
- Article 13.2 - Scope
- Article 13.3 - National treatment
- Article 13.4 - Most-favoured-nation treatment
- Article 13.5 - Recognition of prudential measures
- Article 13.6 - Market access
- Article 13.7 - Cross-border supply of financial services
- Article 13.8 - Senior management and boards of directors
- Article 13.9 - Performance requirements
- Article 13.10 - Reservations and exceptions
- Article 13.11 - Effective and transparent regulation
- Article 13.12 - Self-regulatory organisations
- Article 13.13 - Payment and clearing systems
- Article 13.14 - New financial services
- Article 13.15 - Transfer and processing of information
- Article 13.16 - Prudential carve-out
- Article 13.17 - Specific exceptions
- Article 13.18 - Financial Services Committee
- Article 13.19 - Consultations
- Article 13.20 - Dispute settlement
- Article 13.21 - Investment disputes in financial services
CHAPTER FOURTEEN - INTERNATIONAL MARITIME TRANSPORT SERVICES
This chapter establishes the framework for regulating the maritime transport market between the EU and Canada. It includes measures to ensure fair and equal access to ports and port services for commercial ships. It also provides definitions so that the commitments made are clear.
- Article 14.1 - Definitions
- Article 14.2 - Scope
- Article 14.3 - Obligations
- Article 14.4 - Reservations
CHAPTER FIFTEEN - TELECOMMUNICATIONS
In this chapter the EU and Canada commit to giving each other's businesses fair and equal access to public telecommunications networks and services. It includes rules to ensure competition in the telecommunications market. And it confirms customers' right to:
- keep their number when switching providers and
- receive telecommunications services in remote areas
- Article 15.1 - Definitions
- Article 15.2 - Scope
- Article 15.3 - Access to and use of public telecommunications transport networks or services
- Article 15.4 - Competitive safeguards on major suppliers
- Article 15.5 - Access to essential facilities
- Article 15.6 - Interconnection
- Article 15.7 - Authorisation to supply telecommunications services
- Article 15.8 - Universal service
- Article 15.9 - Scarce resources
- Article 15.10 - Number portability
- Article 15.11 - Regulatory authority
- Article 15.12 - Resolution of telecommunication disputes
- Article 15.13 - Transparency
- Article 15.14 - Forbearance
- Article 15.15 - Relation to other chapters
CHAPTER SIXTEEN - ELECTRONIC COMMERCE
This chapter covers any business done electronically (e.g. online shopping). It includes rules that ensure that personal information on the internet is protected and that online services will not include customs duties. Canada and the EU also promise to cooperate on issues related to e-commerce, for instance on combatting spam.
- Article 16.1 - Definitions
- Article 16.2 - Objective and scope
- Article 16.3 - Customs duties on electronic deliveries
- Article 16.4 - Trust and confidence in electronic commerce
- Article 16.5 - General provisions
- Article 16.6 - Dialogue on electronic commerce
- Article 16.7 - Relation to other chapters
CHAPTER SEVENTEEN - COMPETITION POLICY
In this chapter the EU and Canada agree to prohibit and sanction practices which distort competition and trade. These include:
- cartels
- abusive behaviour by companies with a dominant market position
- anti-competitive mergers.
Both sides will respect rules to ensure they act fairly and transparently when applying their competition laws and pursuing investigations into companies which might be breaking them. They also recognise the importance of cooperation between their respective competition authorities.
- Article 17.1 - Definitions
- Article 17.2 - Competition policy
- Article 17.3 - Application of competition policy to enterprises
- Article 17.4 - Dispute settlement
CHAPTER EIGHTEEN - STATE ENTERPRISES, MONOPOLIES, AND ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES
In this chapter the EU and Canada agree not to intervene in or potentially distort the level playing field for private companies. Both sides will ensure that state-owned enterprises, monopolies, and enterprises granted special rights will not discriminate against goods, services, or investments from the other party.
This ensures that competition between private and state-owned companies will not be negatively affected. The rules ensure that both parties have the full freedom of choice in the way they provide public services to their citizens.
- Article 18.1 - Definitions
- Article 18.2 - Scope
- Article 18.3 - State enterprises, monopolies and enterprises granted special rights or privileges
- Article 18.4 - Non-discriminatory treatment
- Article 18.5 - Commercial considerations
CHAPTER NINETEEN - GOVERNMENT PROCUREMENT
This chapter specifies the areas where EU and Canadian businesses can provide goods and services to each other's governments, at every level of government - national, regional and provincial, and local. For this to happen, businesses must meet specific rules on:
- the value of the goods, services, or contract involved
- who the customer is
- the goods and services that are allowed (in the appendix)
- Article 19.1 - Definitions
- Article 19.2 - Scope and coverage
- Article 19.3 - Security and general exceptions
- Article 19.4 - General principles
- Article 19.5 - Information on the procurement system
- Article 19.6 - Notices
- Article 19.7 - Conditions for participation
- Article 19.8 - Qualification of suppliers
- Article 19.9 - Technical specifications and tender documentation
- Article 19.10 - Time-periods
- Article 19.11 - Negotiation
- Article 19.12 - Limited tendering
- Article 19.13 - Electronic auctions
- Article 19.14 - Treatment of tenders and awarding of contracts
- Article 19.15 - Transparency of procurement information
- Article 19.16 - Disclosure of information
- Article 19.17 - Domestic review procedures
- Article 19.18 - Modifications and rectifications to coverage
- Article 19.19 - Committee on Government Procurement
CHAPTER TWENTY - INTELLECTUAL PROPERTY
This chapter builds on existing international intellectual property (IP) laws to develop regulations and standards that are consistent between the EU and Canada. The chapter also outlines procedures to protect against IP violations, and defines areas where both parties can cooperate further.
- CHAPTER TWENTY - Intellectual property
- Section A - General Provisions
- Article 20.1 - Objectives
- Article 20.2 - Nature and scope of obligations
- Article 20.3 - Public health concerns
- Article 20.4 - Exhaustion
- Article 20.5 - Disclosure of information
- Article 20.6 - Definition
- Article 20.7 - Protection granted
- Article 20.8 - Broadcasting and communication to the public
- Article 20.9 - Protection of technological measures
- Article 20.10 - Protection of rights management information
- Article 20.11 - Liability of intermediary service providers
- Article 20.12 - Camcording
- Article 20.13 - International agreements
- Article 20.14 - Registration procedure
- Article 20.15 - Exceptions to the rights conferred by a trademark
- Article 20.16 - Definitions
- Article 20.17 - Scope
- Article 20.18 - Listed geographical indications
- Article 20.19 - Protection for geographical indications listed in Annex 20-A
- Article 20.20 - Homonymous geographical indications
- Article 20.21 - Exceptions
- Article 20.22 - Amendments to Annex 20-A
- Article 20.23 - Other protection
- Article 20.24 - International agreements
- Article 20.25 - Relationship to copyright
- Article 20.26 - International agreements
- Article 20.27 - Sui generis protection for pharmaceuticals
- Article 20.28 - Patent linkage mechanisms relating to pharmaceutical products
- Article 20.29 - Protection of undisclosed data related to pharmaceutical products
- Article 20.30 - Protection of data related to plant protection products
- Article 20.31 - Plant varieties
- Article 20.32 - General obligations
- Article 20.33 - Entitled applicants
- Article 20.34 - Evidence
- Article 20.35 - Measures for preserving evidence
- Article 20.36 - Right of information
- Article 20.37 - Provisional and precautionary measures
- Article 20.38 - Other remedies
- Article 20.39 - Injunctions
- Article 20.40 - Damages
- Article 20.41 - Legal costs
- Article 20.42 - Presumption of authorship or ownership
- Article 20.43 - Scope of border measures
- Article 20.44 - Application by the right holder
- Article 20.45 - Provision of information from the right holder
- Article 20.46 - Security or equivalent assurance
- Article 20.47 - Determination as to infringement
- Article 20.48 - Remedies
- Article 20.49 - Specific cooperation in the area of border measures
- Article 20.50 - Co-operation
CHAPTER TWENTY-ONE - REGULATORY COOPERATION
This chapter builds on an existing agreement between the EU and Canada on regulatory cooperation. This chapter encourages regulators to exchange experiences and information, and identify areas where they could cooperate. All cooperation is voluntary and regulators in the EU and Canada retain their power to adopt legislation.
- Article 21.1 - Scope
- Article 21.2 - Principles
- Article 21.3 - Objectives of regulatory cooperation
- Article 21.4 - Regulatory cooperation activities
- Article 21.5 - Compatibility of regulatory measures
- Article 21.6 - The Regulatory Cooperation Forum
- Article 21.7 - Further cooperation between the Parties
- Article 21.8 - Consultations with private entities
- Article 21.9 - Contact points
CHAPTER TWENTY-TWO - TRADE AND SUSTAINABLE DEVELOPMENT
In this chapter the EU and Canada recognise that economic growth, social development and environmental protection are interlinked. Both sides agree to ensure economic growth supports their social and environmental goals. The chapter also creates a Joint Committee on Trade and Sustainable Development, and commits both sides to promoting forums with interest groups.
- Article 22.1 - Context and objectives
- Article 22.2 - Transparency
- Article 22.3 - Cooperation and promotion of trade supporting sustainable development
- Article 22.4 - Institutional mechanisms
- Article 22.5 - Civil Society Forum
CHAPTER TWENTY-THREE - TRADE AND LABOUR
In this chapter the EU and Canada commit to respecting the labour standards set by the International Labour Organization), and to ratifying and implementing the international Labour Organization's fundamental conventions. The chapter protects each side's right to regulate on labour matters. It prevents either side from ignoring or lowering labour standards to boost trade. It ensures that non-governmental organisations are involved in implementing the chapter's provisions. It promotes cooperation with the ILO. And it establishes a mechanism for ensuring both sides put the chapter's provisions into practice (enforcement mechanism).
- Article 23.1 - Context and objectives
- Article 23.2 - Right to regulate and levels of protection
- Article 23.3 - Multilateral labour standards and agreements
- Article 23.4 - Upholding levels of protection
- Article 23.5 - Enforcement procedures, administrative proceedings and review of administrative action
- Article 23.6 - Public information and awareness
- Article 23.7 - Cooperative activities
- Article 23.8 - Institutional mechanisms
- Article 23.9 - Consultations
- Article 23.10 - Panel of Experts
- Article 23.11 - Dispute resolution
CHAPTER TWENTY-FOUR - TRADE AND ENVIRONMENT
This chapter commits the EU and Canada to putting into practice international environmental agreements. It:
- protects each side's right to regulate on environmental matters
- requires each side to enforce its domestic environmental laws
- prevents either side from relaxing their laws to boost trade.
The chapter also encourages conservation and sustainable management of forests and fisheries. It also ensures the involvement of non-government groups.
- Article 24.1 - Definition
- Article 24.2 - Context and objectives
- Article 24.3 - Right to regulate and levels of protection
- Article 24.4 - Multilateral environmental agreements
- Article 24.5 - Upholding levels of protection
- Article 24.6 - Access to remedies and procedural guarantees
- Article 24.7 - Public information and awareness
- Article 24.8 - Scientific and technical information
- Article 24.9 - Trade favouring environmental protection
- Article 24.10 - Trade in forest products
- Article 24.11 - Trade in fisheries and aquaculture products
- Article 24.12 - Cooperation on environment issues
- Article 24.13 - Institutional mechanisms
- Article 24.14 - Consultations
- Article 24.15 - Panel of Experts
- Article 24.16 - Dispute resolution
CHAPTER TWENTY-FIVE - BILATERAL DIALOGUES AND COOPERATION
In this chapter the EU and Canada agree to work more closely with each other in areas such as science and forestry. There are already several agreements on dialogue and cooperation on trade and economic matters between the EU and Canada. The chapter incorporates these into CETA so that all such activity has the same basis.
- Article 25.1 - Objectives and principles
- Article 25.2 - Dialogue on Biotech Market Access Issues
- Article 25.3 - Bilateral Dialogue on Forest Products
- Article 25.4 - Bilateral Dialogue on Raw Materials
- Article 25.5 - Enhanced cooperation on science, technology, research and innovation
CHAPTER TWENTY-SIX - ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
This chapter outlines how the EU and Canada will manage and apply CETA. It explains how the EU and Canada should organise the different committees that the agreement sets up, and the legal nature of their decisions.
- Article 26.1 - CETA Joint Committee
- Article 26.2 - Specialised committees
- Article 26.3 - Decision making
- Article 26.4 - Information sharing
- Article 26.5 - CETA contact points
- Article 26.6 - Meetings
CHAPTER TWENTY-SEVEN - TRANSPARENCY
This chapter makes sure the EU and Canada publish the laws, regulations, procedures and administrative rulings on matters which CETA covers, and make them available to those who are interested. It also ensures that both the EU and Canada promptly share information and respond to questions on measures affecting the way they implement CETA. The EU and Canada also agree to co-operate in international bodies to promote transparency in international trade and investment.
- Article 27.1 - Publication
- Article 27.2 - Provision of information
- Article 27.3 - Administrative proceedings
- Article 27.4 - Review and appeal
- Article 27.5 - Cooperation on promoting increased transparency
CHAPTER TWENTY-EIGHT - EXCEPTIONS
This chapter gives the EU and Canada the right to exclude certain areas, either from specific chapters of CETA, or from the whole agreement. They can do so for a variety of reasons, such as to ensure public safety, prevent tax evasion, or to preserve and promote cultural identity.
- Article 28.1 - Definitions
- Article 28.2 - Party-specific definitions
- Article 28.3 - General exceptions
- Article 28.4 - Temporary safeguard measures with regard to capital movements and payments
- Article 28.5 - Restrictions in case of serious balance of payments and external financial difficulties
- Article 28.6 - National security
- Article 28.7 - Taxation
- Article 28.8 - Disclosure of information
- Article 28.9 - Exceptions applicable to culture
- Article 28.10 - WTO waivers
CHAPTER TWENTY-NINE - DISPUTE SETTLEMENT
This chapter provides a system for resolving any disputes between the EU and Canada about the way in which they apply or interpret CETA. If differences do arise, the two sides must first communicate clearly and promptly with each other to try to resolve them quickly. They must also consult experts on the issue. Only if those efforts are fruitless can they resort to the formal procedure which this chapter sets out.
This chapter also explains the procedures both sides must follow to resolve a formal dispute. And it gives the option of using an independent mediator to oversee the process.