Worth reading : The text of the CETA Agreement and of the EU-Canada Joint Declaration

NOTA BENE : The Council adopted the Decisions authorising the signature and provisional application of CETA between the European Union and its Member States and Canada and agreed to forward the agreement to the European Parliament for its consent. The Council agreed that, pursuant to Article 1.2 of the Council Decision on provisional application, the date by which the notification referred to in Article 30.7(3) of the Agreement is to be sent to Canada shall be 17 February 2017, provided that the European Parliament has given its consent to the Agreement.

The negotiations on the Strategic Partnership Agreement (SPA) between the European Union and its Member States, of the one part, and Canada, of the other part, were successfully concluded with the initialling of the Agreement on 8 September 2014. On 13 April 2015, the Commission and the High Representative for Foreign Affairs and Security Policy submitted a joint proposal for a Council Decision on the signing, on behalf of the European Union, and provisional application of the Agreement (Doc. 7906/15 + ADD 1) The Transatlantic Relations Working Party (COTRA) discussed the draft Council Decision on numerous occasions in 2015 and 2016, in particular the scope of provisional application of the Strategic Partnership Agreement (SPA). As no consensus could be obtained either on the original proposal or on a proposal for a “category approach”, which aimed at an ambitious and flexible provisional application of the Agreement, the COTRA Working Party agreed to revert to the usual “list approach” for provisional application, whereby those articles to be provisionally applied are expressly listed in the Council Decision.

On 7 September 2016, the Permanent Representatives’ Committee reached an agreement on the text of the draft Council Decision on the signing and provisional application of the Agreement. The text of the Strategic Partnership Agreement (SPA) between the European Union and its Member States, of the one part, and Canada, of the other part, as finalised by the legal-linguistic experts, is set out in doc. 5368/2/16 REV 2  (SEE BELOW)

At the time of the signature the following Joint Decalaration has been adopted

XVI EU-CANADA SUMMIT Brussels, 30 October 2016 JOINT DECLARATION 

  1. Donald Tusk, President of the European Council, Mr. Jean-Claude Juncker, President of the European Commission, and Mr. Justin Trudeau, Prime Minister of Canada met in Brussels for the 16th EU-Canada Summit. The EU-Canada partnership, based on shared values, a long history of close cooperation and strong people-to-people ties, is more important than ever in a world where those shared values are increasingly being challenged. As strategic partners and celebrating the 40th anniversary of the foundational EU-Canada treaty, the European Union and Canada committed to working even more closely together in such key areas as peace, democracy, prosperity, protection of human rights and rule of law, as well as protection of the environment, social inclusion and cultural diversity. Signed today, the EU-Canada Comprehensive Economic and Trade Agreement (CETA) and the Strategic Partnership Agreement (SPA) demonstrate our joint commitment to a progressive international agenda across the policy spectrum and mark a historic step in the strengthening and deepening of our relationship.
  2. The Strategic Partnership Agreement will set the stage for even stronger collaboration both bilaterally and in multilateral fora. It will enrich the political dimension of our relationship and allow for more systematic and structured cooperation in a broad range of sectors, notably with regard to peace and security, migration, the fight against terrorism, energy, climate change, research and innovation, development and consular protection. Together we will continue to promote a rules-based global order, grounded in our common values and in international law.
  3. The Comprehensive Economic and Trade Agreement (CETA) that we have signed today is the most comprehensive, ambitious and progressive trade agreement ever negotiated by either Canada or the European Union and will open a new dimension to our economic partnership.
  4. CETA will deliver sustainable and inclusive economic growth and spur job creation. We are committed to the swift provisional implementation of CETA so that Europeans and Canadians are able to enjoy the benefits that CETA will bring as soon as possible. We remain fully committed to the principle that trade agreements should fully preserve the ability of governments to regulate in the public interest, especially with regard to public services as well as environmental and labour protections. We are firmly committed to ensuring that our stakeholders, including employers, trade unions, consumer and environmental groups, participate in the ongoing implementation of CETA.
  5. The EU and its Member States and Canada have adopted at the EU-Canada Summit a Joint Interpretative Instrument to explain in a clear and unambiguous manner what certain provisions in CETA mean. This interpretative instrument has legal status and will serve as an authentic interpretation of CETA in the sense of Article 31 of the Vienna Convention on the Law of Treaties.
  1. CETA considerably enhances the framework for our bilateral trade relations and offers new economic opportunities. On both sides of the Atlantic, we will therefore engage actively with citizens, workers, entrepreneurs, producers and companies to ensure that our stakeholders can seize the opportunities that CETA brings and benefit from the agreement from the outset.
  2. This landmark agreement between Canada and the EU sends a positive signal about the importance of free, fair and progressive international trade. We commit to working together to promote these principles in the multilateral arena, notably in the WTO. We are also committed to working together towards our common objective of an independent and impartial multilateral investment court.
  3. We commit to strengthening our consultation and cooperation on foreign policy issues, in particular in multilateral fora such as the UN, G7, G20 and the OSCE.
  4. We remain firmly committed to Ukraine’s sovereignty and territorial integrity and reiterate the need for a complete implementation by all parties of the Minsk agreements to bring a sustainable and peaceful solution to the conflict. We do not recognise and continue to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and remain committed to implement a policy of non-recognition. We continue to closely cooperate and coordinate our actions as regards restrictive measures which will remain clearly linked to the complete implementation of the Minsk agreements and respect for Ukraine’s sovereignty. We will also continue our efforts to assist Ukraine in the implementation of agreed reforms, including civilian security sector reform, as an essential element of Ukraine’s progress towards greater democracy, openness and accountability.
  5. On Syria, we strongly condemn the continued, widespread violations of human rights and international humanitarian law by all parties to the conflict, notably the Syrian regime and its supporters, against the Syrian people. These include the use of unlawful, indiscriminate and disproportionate attacks, including the use of chemical weapons, and the deliberate targeting of hospitals and medical facilities. The targeting of a UN humanitarian convoy on 19th September is a clear violation of international humanitarian law, which requires full investigation. The use of starvation of civilians through besiegement of populated areas as a tactic of war by parties to the conflict, but for which the Syrian regime bears the greatest responsibility, and forced population transfers are both contrary to international law. We call for the immediate and full implementation of a cessation of hostilities to be monitored and enforced by a strong mechanism, for sieges to be lifted, and for safe, complete and unhindered humanitarian access to reduce violence and relieve the suffering of Syrian population in Aleppo and elsewhere. All parties to the conflict must allow humanitarian organizations to do their job in line with international humanitarian principles and standards and in compliance with international humanitarian law and relevant UN Security Council Resolutions. We continue supporting the work of the UN Special Envoy for a credible and viable political transition, as stated in UNSCR 2254 and other relevant UN Security Council Resolutions and the Geneva communiqué. A renewed cessation of hostilities and efforts to find a political solution are urgent in order to allow all parties to reengage in the intra-Syrian talks to resume once the situation on the ground will allow it. It is agreed that the UN should lead and coordinate international stabilization and peacebuilding efforts, and we stand ready to support reconstruction once a credible political transition has begun.
  1. We also discussed the situations in Iraq and Libya. On Iraq, we agreed to explore synergies in our stabilisation and capacity building efforts, including on the rule of law, good governance and human rights. On Libya, we reaffirm our support for the Libyan Political Agreement and its fulfilment, and the Government of National Accord as the sole legitimate government of Libya, as endorsed in UN Security Council Resolution 2259 and subsequent resolutions. We urge all Libyans to unite in the face of the country’s challenges, including the fight against terrorism. We agree to continue our exchanges on how to further support the Libyan people in finding a path to stability through peaceful negotiation. We also agreed that implementing sustainable political solutions is the only way to fight Da´esh in the region in the long term.
  2. We underline our collective commitment to strengthen cooperation to achieve Afghanistan’s self-reliance in the transformation decade (2015-2024) and to create a political, social and economic environment conducive to peace, security, sustainable development and prosperity. We welcome the outcome of the conference on Afghanistan held on 4-5 October 2016 and the important political and financial support announced by both the EU and Canada.
  3. We strongly condemn terrorism in all its forms and manifestations, and deplore the recent attacks by terrorist groups, including Da’esh, in the Middle East, Africa, Europe, the Americas and Asia. We undertake to strengthen efforts in the fight against terrorism including in the framework of the Global Counterterrorism Forum and in the Global Coalition against Da’ Determined action is required to stem the flow of foreign terrorist fighters and to address the potential impact of their return. We will accelerate efforts to prevent and counter radicalization that leads to violent extremism, to ensure systematic control at the external borders, to share information more effectively, to dissuade, detect and disrupt suspicious travel, to prevent and disrupt financial support to terrorist organizations and to investigate and prosecute foreign terrorist fighters.
  4. We affirm our support for cooperation, including in multilateral peace and stabilization operations, within the framework of UN peacekeeping, the EU´s Common Security and Defence Policy (CSDP) and the EU-NATO strategic partnership. Canada´s contribution to CSDP civilian and military missions and operations remains a vital expression of solidarity in international crisis management. We reviewed our current successful CSDP cooperation in Ukraine and the Palestinian territories and will look into other possible joint efforts. We also welcome the conclusion of negotiations of a Security of Information Agreement. Moreover, we will explore ways to further defence and security cooperation, including in the areas of education, training and sharing lessons learned. We look forward to the implementation of the EU-NATO Joint Declaration made in Warsaw in July 2016.
  5. We welcome the adoption of the 2030 Agenda for Sustainable Development that integrates the social, economic and environmental dimensions of sustainable development, as well as peace, justice and governance. We will work together to support the achievement of its goals and targets ensuring that no one is left behind.
  1. We emphasize the importance of ensuring the promotion and protection of human rights. We underline the importance of gender equality and of empowering women and girls as powerful agents of change. Building respect for diversity and pluralism worldwide via international cooperation and multilateralism will remain key to our joint action.
  2. We acknowledge that our societies and the world have reaped remarkable benefits from diversity and are guided by the belief that economic, cultural, political, and social success relies on efforts to build societies that embrace diversity-based inclusion. We will work individually and collectively to ensure that diversity is recognized and leveraged as a strength.
  3. We reaffirm our determination to further cooperate to increase the effectiveness of the international humanitarian system and the respect for humanitarian principles and international humanitarian law.
  4. In this context we commit to launching an EU-Canada Development Policy Dialogue to discuss ways in which Canada and the EU can collaborate to support the poorest and most vulnerable.
  5. We welcome and recognize the value of enhanced mobility, including through visa-free travel between the European Union and Canada for all of our respective citizens, as envisaged in the Canada-EU Strategic Partnership Agreement. The decision of Canada to lift, in late 2017, visa requirements for all Bulgarian and Romanian citizens will further facilitate the strong cultural, educational, family and business relations that exist between Canada and Europe.
  6. We recognise the importance of global responsibility-sharing related to addressing large movements of refugees and migrants in full respect of relevant international law and will continue to play a leading role, including in multilateral fora and in the framework of the G7 and G20. We reaffirm our common approach and agree to step up efforts to address the root causes of forced migration and displacement and to respond effectively to challenges related to the management of large migratory flows and refugee situations, particularly those that are protracted. We will continue to provide humanitarian assistance, seek durable solutions for refugees and sufficient support for their host communities, and provide support to enhance their access to quality education at all levels as well as employment opportunities. We agree to work together to encourage others to step up their support, including through private sector and civil society´s efforts, and to work together to engage new mechanisms such as the Education Cannot Wait Fund.
  7. We call upon the international community to implement the New York Declaration for Refugees and Migrants. We will ensure close cooperation in the follow up work towards the achievement of a Global Compact for safe, orderly and regular migration and a Comprehensive Refugee Response Framework by 2018.
  8. We commit to deepen our bilateral cooperation on refugee and migration issues. Alongside existing cooperation arrangements, we will explore the possible establishment of a new migration platform involving Canada, the EU and its member states to share best practices and technical expertise on themes which may include effective border management, integration and resettlement programmes, asylum systems, return policies and tackling illegal migration, and legal migration, as appropriate. This will be done bearing in mind the need for coordination, cost-effectiveness and efficiency.
  1. We reaffirm our commitment to work with our international partners to support the ambitious and effective implementation of the historic Paris Agreement. We will ensure robust implementation of the Paris Agreement’s transparency and carbon markets-related provisions. We recognize the importance of the EU´s and Canada´s efforts to develop and communicate long-term low GHG emission development strategies well within the schedule provided by the COP21 We agree on the importance of addressing transport emissions, including the reduction of air pollutants and GHG emissions from on road light duty and heavy-duty vehicles consistent with the aspirational policies and programs identified in the G20 Energy Efficiency Leading Programme. We welcome the recent agreement at the International Civil Aviation Organization (ICAO) on an offset system for international aviation emissions and encourage further progress at the International Maritime Organization (IMO) to develop a roadmap for reducing GHG emissions from international shipping. We welcome the recent adoption under the Montreal Protocol of the Kigali amendment to phase down hydrofluorocarbons as a major contribution to the objectives of the Paris Agreement.
  2. We reiterate the importance of the upcoming EU-Canada High Level Dialogue on Climate in 2017 to jointly pursue efficient means to implement agreed actions and reach concrete results.
  3. We agree to continue to regularly hold the EU-Canada High Level Dialogue on Energy to address joint and global issues such as: exchange of information on gas market developments, fostering research and innovation, sharing best practices for energy efficiency, and renewable energy regulation and integration. Canada and the EU will work together, where appropriate, to assist third countries’ energy plans, cooperate in international energy fora, promote open global energy markets and the global energy transition towards a climate-neutral, safe and sustainable, low-carbon economy. We encourage investments in energy infrastructure and low-carbon projects, including through joint initiatives, and in the development of sustainable indigenous resources aiming to strengthen the stability, diversity and sustainability of supplies.
  4. We also reaffirm the importance of protecting the environment and agree to engage through the EU-Canada High Level Dialogue on Environment in 2017 to join our efforts in protecting the environment. We confirm our intention for greater collaboration internationally and in particular to address the specific challenges of combatting wildlife trafficking.
  5. We reaffirm our commitment to strengthening our cooperation with regard to the Arctic. We will work jointly towards the establishment of a pan-Arctic observation system and to support work on area-based management tools, including marine protected areas, in close cooperation with and with respect for Arctic residents, regional stakeholders, organisations and processes as well as within multilateral institutional frameworks. We will work on the reinforcement of international cooperation to reduce short lived climate pollutants such as black carbon and methane, as part of wider efforts to protect the Arctic environment and to implement the Paris Agreement. We also note the importance of building sustainable and strong Arctic economies and continuing to support the well-being and rights of Arctic residents and communities. With that in mind, we recognise the importance of our Joint Statement on access to the EU of seal products from Indigenous communities in Canada and commit to continued cooperation in this framework. We also agree to work closely within the Arctic Council and look forward to the Arctic Council taking a final decision to fully accredit the EU as an observer.
  1. We commit to strengthening cooperation on oceans, including their governance. We will work together on actions to promote conservation, sustainable blue growth and maritime safety and security. We will step up cooperation on international fisheries management, including the fight against illegal, unreported and unregulated (IUU) fishing.
  2. We will continue to enhance cooperation under the Canada-EU-US Atlantic Ocean Research Alliance and further the successful implementation of the Galway Statement.
  3. We recognise the importance of increasing our cooperation on scientific research and have signed an Implementing Arrangement to facilitate cooperation of Canadian researchers in the Horizon 2020 programme.
  4. We are committed to improving the framework conditions for cooperation between researchers from Canada and the European Union and, recognising the many global challenges our societies are facing, will seek to focus our research and innovation programmes where appropriate.
  5. We further deepen our ties in scientific cooperation and reinforce our collaboration under the existing Agreement for Scientific and Technological Cooperation between Canada and the European Union with the signature of an Implementing Arrangement to facilitate cooperation between EU and Canadian researchers of excellence.
  6. We are committed to continue driving forward global collaboration to address emerging infectious diseases such as Ebola and Zika. We will continue our collaboration in the area of research and innovation through joint leadership of the work of the “Global Research Collaboration for Infectious Disease Preparedness (GloPID-R). We will also work together on the development guidelines for data-sharing during public health emergencies.
  7. We acknowledge the important role that education, and in particular higher education and youth exchange, has in promoting democratic values and shaping a generation of open–minded, skilled workers. We recognise the need to promote youth mobility, notably through the Erasmus+ programme that funds the mobility of young people, youth workers, students and university staff, as a way to foster links between our respective peoples, notably between our young citizens.
  8. We reiterate our adherence to joint cultural values and agree to enhance cultural cooperation and protect cultural heritage, in particular via the current initiatives to safeguard global heritage sites and cultural property, including those recognized by UNESCO Conventions and We will continue our efforts to foster diversity of cultural expression by promoting the principles and objectives of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
  9. Canada and the EU look forward to jointly implementing this Declaration with vigour and taking into account our shared history, values and interests.

Statements:

  • By the Council a statement related to Article 23 on visa-reciprocity (Annex I)
  • By the Commission a statement on Article 13 related to Geographical Indications (GIs) (Annex II).
  • by Portugal a unilateral declaration related to its internal ratification procedures, in accordance with its Constitutional principles and rules (Annex III).
  • by Ireland and United Kingdom unilateral declarations related to Title V of Part Three of the Treaty on the Functioning of the European Union (Annex IV and Annex V).

ANNEX I Declaration by the Council (Declaration related to Article 23)
The Council underlines the importance of the SPA agreement as reinforcing the long standing, strategic EU-Canada relationship which is firmly anchored by shared history and values.
The SPA opens a new chapter in EU-Canada relations, as a framework to further expand and deepen the political dialogue and cooperation on foreign policy and security matters, including in a wide range of areas of interest to the citizens on both sides of the Atlantic.
The Council recalls the commitment from the 2014 EU – Canada summit statement to ensure, as soon as possible, visa-free travel for all citizens on both sides, so that they will benefit fully from the new legal framework that is being created, including trade and economic opportunities between Canada and the EU.
In this respect the Council highlights the importance of Article 23, para 2 of the Strategic Partnership Agreement. Its rapid implementation will be conducive to the shared commitment of both sides to work together and make every effort to ensure that all citizens of both sides will benefit as soon as possible from the opportunities created by SPA and CETA.
The implementation of Article 23, para. 2 will also help the EU to achieve its objective of full visa reciprocity as provided by Council Regulation 539/2001.

ANNEX II Declaration by the European Commission (Declaration related to Article 13)
Should the dialogue on Geographical Indications (GIs) in the Comprehensive Economic and Trade Agreement not bring the expected results and especially the possibility to discuss aspects of GIs beyond bilateral dimension, the Commission considers that those issues would be raised under SPA Article 13.

ANNEX III Declaration of Portugal
On the basis of the respect of the competences allocated between the European Union and its Member States, as defined by the Treaties, the Decision of the Council that authorizes the provisional application, by the EU, of the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part, shall not affect the autonomy of decision of Portugal on the issues of its national competence, whose decision to be bound by the Agreement depends on the conclusion of the internal ratification procedures and on the entry into force of the agreement in the international legal system, in accordance with the Constitutional principles and rules.

ANNEX IV Declaration of Ireland
Should the implementation of the Agreement by the European Union necessitate a recourse to measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union, the provisions of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the functioning of the European Union, will be fully respected.

ANNEX V Declaration of United Kingdom
The United Kingdom welcomes the signature of the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada of the other part.
However, the United Kingdom considers that the Agreement contains provisions which are pursuant to Title V of Part III of the Treaty on the Functioning of the Union. The United Kingdom recalls that, in accordance with Article 2 of Protocol (No. 21) to the Treaties on the position of the United Kingdom and Ireland in Respect of the Area of Freedom, Security and Justice, no provision of any international agreement concluded by the Union pursuant to that Title shall be binding upon on or applicable in the United Kingdom unless, in accordance with Article 3 of the Protocol, it notifies its intention that it wishes to take part in the adoption and application of a proposed measure.

FULL TEXT ON EURLEX PAGE

STRATEGIC PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND CANADA, OF THE OTHER PART

PREAMBLE

THE EUROPEAN UNION, hereinafter referred to as “the Union”,

And

THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, IRELAND, 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, HUNGARY, THE REPUBLIC OF MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF POLAND, THE PORTUGUESE REPUBLIC,ROMANIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as “the Member States”,

of the one part,

and CANADA, of the other part,

hereinafter jointly referred to as “the Parties”,

INSPIRED BY the long-standing friendship forged between the people of Europe and Canada through their extensive historical, cultural, political and economic links,

NOTING the strides taken since the 1976 Framework Agreement for commercial and economic cooperation between the European Communities and Canada, the 1990 Declaration on Transatlantic Relations between the European Community and its Member States and Canada, the 1996 Joint Political Declaration on EU-Canada Relations and Joint EU-Canada Action Plan, the 2004 EU-Canada Partnership Agenda and the 2005 Agreement between the European Union and Canada establishing a framework for the participation of Canada in the European Union crisis management operations,

REAFFIRMING their strong attachment to democratic principles and human rights as laid down in the Universal Declaration of Human Rights,

SHARING the view that the proliferation of weapons of mass destruction poses a major threat to international security,

BUILDING on their long-standing tradition of cooperation in promoting international principles of peace and security and the rule of law,

REAFFIRMING their determination to combat terrorism and organised crime through bilateral and multilateral channels,

SHARING a commitment to reducing poverty, stimulating inclusive economic growth and assisting developing countries in their efforts towards political and economic reforms,

RECOGNISING their desire to promote sustainable development in its economic, social and environmental dimensions,

EXPRESSING pride in their extensive people-to-people contacts between their citizens and their commitment to the protection and promotion of the diversity of cultural expressions,

ACKNOWLEDGING the important role that effective multilateral organisations can play in advancing cooperation and achieving positive outcomes on global issues and challenges,

MINDFUL of their dynamic trade and investment relationship, which will be further enhanced through the effective implementation of a comprehensive economic and trade agreement,

RECALLING that the provisions of this Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the UK and/or Ireland have jointly notified Canada that the United Kingdom or Ireland is bound as part of the European Union in accordance with the Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of the Protocol No 21, the European Union together with the UK and/or Ireland shall immediately inform Canada of any change in their position, in which case they shall remain bound by the provisions of the agreement in their own right. The same applies to Denmark in accordance with the Protocol annexed to those Treaties on the position of Denmark,

RECOGNISING the institutional changes in the European Union since the entry into force of the Treaty of Lisbon,

AFFIRMING their status as strategic partners and their determination to further enhance and elevate their relationship and their international cooperation on the basis of mutual respect and dialogue in order to advance their shared interests and values,

PERSUADED that such cooperation should take shape progressively and pragmatically, as their policies develop,

HAVE AGREED AS FOLLOWS:

TITLE I BASIS FOR COOPERATION

ARTICLE 1 General principles

  1. The Parties express their support for the shared principles set out in the Charter of the United Nations.
  2. Mindful of their strategic relationship, the Parties shall endeavour to enhance coherence in developing their cooperation at the bilateral, regional and multilateral levels.
  3. The Parties shall implement this Agreement based on shared values, the principles of dialogue, mutual respect, equal partnership, multilateralism, consensus and respect for international law.

TITLE II HUMAN RIGHTS, FUNDAMENTAL FREEDOMS, DEMOCRACY AND THE RULE OF LAW

ARTICLE 2 Upholding and advancing democratic principles, human rights and fundamental freedoms

  1. Respect for democratic principles, human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights and existing international human rights treaties and other legally binding instruments to which the Union or the Member States and Canada are party, underpins the Parties’ respective national and international policies and constitutes an essential element of this Agreement.
  1. The Parties shall endeavour to cooperate and uphold these rights and principles in their own policies and shall encourage other states to adhere to those international human rights treaties and legally binding instruments and to implement their own human rights obligations.
  1. The Parties are committed to advancing democracy, including free and fair electoral processes in line with international standards. Each Party shall inform the other of its respective election observation missions and invite the other to participate as appropriate.
  1. The Parties recognise the importance of the rule of law for the protection of human rights and for the effective functioning of governance institutions in a democratic state. This includes the existence of an independent justice system, equality before the law, the right to a fair trial and individuals’ access to effective legal redress.

TITLE III INTERNATIONAL PEACE AND SECURITY AND EFFECTIVE MULTILATERALISM

ARTICLE 3 Weapons of mass destruction

  1. The Parties consider that the proliferation of weapons of mass destruction (WMDs) and their means of delivery, both to state and non-state actors, represents one of the most serious threats to international stability and security.
  2. The Parties therefore agree to cooperate and to contribute to preventing the proliferation of WMDs and their means of delivery through full compliance with and implementation of their obligations under international disarmament and non-proliferation agreements and UN Security Council Resolutions. In addition, the Parties shall continue to cooperate, as appropriate, in support of non-proliferation efforts through participation in the export control regimes to which both are party. The Parties agree that this provision constitutes an essential element of this Agreement.
  3. The Parties furthermore agree to cooperate and to contribute to preventing the proliferation of WMDs and their means of delivery by:
  4. (a) as appropriate, taking steps to sign, ratify or accede to all relevant international disarmament and non-proliferation treaties and to fully implement all obligations under the treaties to which they are party and encourage other states to adhere to those treaties;
  5. (b) maintaining an effective system of national export controls, controlling the export and preventing the illicit brokering and transit of WMD-related goods, including a WMD end-use control on dual-use technologies and containing effective sanctions for breaches of export controls(c) combating the proliferation of chemical, biological and toxin weapons. The Parties agree to collaborate in relevant fora to advance the prospects for universal adherence to international conventions, including the Chemical Weapons Convention (Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction) and the Biological and Toxin Weapons Convention (Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction).
  6. The Parties agree to establish a regular senior-level EU-Canada meeting to exchange views on ways of furthering cooperation on a range of non-proliferation and disarmament issues.

ARTICLE 4 Small arms and light weapons

  1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons (SALWs), including their ammunition, and their excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious threat to peace and international security.
  2. The Parties agree to implement their respective commitments to deal with the illicit trade in SALWs, including their ammunition, in the framework of the relevant international instruments, including the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in SALWs in All Its Aspects as well as obligations deriving from UN Security Council Resolutions.
  3. The Parties shall endeavour to take measures to deal with the illicit trade in SALWs and to cooperate and seek coordination, complementarity and synergy in their common efforts to assist other states in dealing with the illicit trade in SALWs and ammunition at global, regional and national levels, as appropriate.

ARTICLE 5 International Criminal Court

1The Parties affirm that the most serious crimes of concern to the international community must not go unpunished and that their effective prosecution must be ensured through taking measures at the national level and through enhancing international cooperation, including with the International Criminal Court (ICC).

2.The Parties share a common commitment to promoting the universal ratification of, or accession to, the Rome Statute of the ICC, and to work towards its effective domestic implementation of the Statute amongst States Parties to the ICC.

ARTICLE 6 Cooperation in combating terrorism

  1. The Parties recognise that the fight against terrorism is a shared priority and emphasise that the fight against terrorism shall be conducted with respect for the rule of law, international law, in particular the Charter of the United Nations and relevant United Nations Security Council Resolutions, human rights, international refugee law, humanitarian law and fundamental freedoms.
  2. The Parties shall maintain high-level counter-terrorism consultations and ad hoc contacts with a view to promoting effective joint counter-terrorism operational efforts and collaborative mechanisms where possible. This shall include regular exchanges on terrorist listings, countering violent extremism strategies and approaches to emerging counter-terrorism issues.
  3. The Parties share a common commitment to the promotion of a comprehensive international approach to combating terrorism under the leadership of the United Nations. The Parties shall endeavour in particular to cooperate in order to deepen the international consensus in this field to promote the full implementation of the UN Global Counterterrorism Strategy and the relevant UN Security Council resolutions, as appropriate.
  4. The Parties shall continue to cooperate closely in the framework of the Global Counter-Terrorism Forum and its working groups.The Parties shall be guided by the international recommendations established by the Financial Action Task Force to combat the financing of terrorism.
  1. The Parties shall continue to work together as appropriate to enhance the counter-terrorism capacity of other states to prevent, detect and respond to terrorist activity.

 

ARTICLE 7 Cooperation in promoting international peace and stability

To advance their common interests in promoting international peace and security and effective multilateral institutions and policies, the Parties shall:

  • continue their efforts to further strengthen transatlantic security, taking into account the central role of the existing transatlantic security architecture between Europe and North America;
  • strengthen their joint efforts in support of crisis management and capacity-building, and further enhance their cooperation in this regard, including on EU operations and missions. The Parties shall endeavour to facilitate participation in these activities, including through early consultations and the sharing of planning information where it is deemed appropriate by the Parties.

 

ARTICLE 8 Cooperation in multilateral, regional and international fora and organisations

  1. The Parties share a commitment to multilateralism and efforts to improve the effectiveness of regional and international fora and organisations such as the United Nations and its specialised organisations and agencies, the Organisation for Economic Co-operation and Development (OECD), the North Atlantic Treaty Organization (NATO), the Organization for Security and Co-operation in Europe (OSCE) and other multilateral fora.
  2. The Parties shall maintain effective consultation mechanisms on the margins of multilateral fora. At the UN, in addition to their existing dialogues in the areas of human rights and democracy, the Parties shall establish permanent consultation mechanisms at the Human Rights Council, the General Assembly of the United Nations and the UN Offices in Vienna and others, as appropriate and agreed by the Parties.
  3. The Parties shall also endeavour to consult on elections to seek effective representation in multilateral organisations.

TITLE IV ECONOMIC AND SUSTAINABLE DEVELOPMENT

ARTICLE 9 Dialogue and global leadership on economic issue.

Recognising that sustainable globalisation and greater prosperity can only be achieved through an open world economy, based on market principles, effective regulations and strong global institutions, the Parties shall endeavour to:

(a) demonstrate leadership in promoting sound economic policies and prudent financial management both domestically and through their regional and international engagement;

(b) hold a regular senior-level policy dialogue on macro-economic issues, including central bank representatives as appropriate, with the aim of cooperating on issues of mutual concern;

(c) encourage, as appropriate, timely and effective dialogue and cooperation on global economic issues of common interest in multilateral organisations and fora in which the Parties participate, such as the OECD, the G-7, the G-20, the International Monetary Fund (IMF), the World Bank and the World Trade Organisation (WTO).

 

ARTICLE 10 Promoting free trade and enhancing investment

  1. The Parties will cooperate in order to promote a sustainable increase and development of trade and investment between them to their mutual advantage, as provided for in a comprehensive economic and trade agreement.
  1. The Parties shall endeavour to cooperate in order to further strengthen the WTO as the most effective framework for a strong, inclusive and rules-based global trading system.
  1. The Parties shall continue to engage in customs cooperation.

 

ARTICLE 11 Cooperation on taxation

With a view to strengthening and developing their economic cooperation, the Parties adhere to and apply the principles of good governance in the tax area, i.e., transparency, exchange of information and avoidance of harmful tax practices in the frameworks of the OECD Forum on harmful tax practices and the Union Code of Conduct on business taxation, as applicable. The Parties shall endeavour to work together to promote and improve the implementation of these principles internationally.

 

ARTICLE 12 Sustainable development

  1. The Parties reaffirm their commitment to meet the needs of today without compromising the needs of future generations. They recognise that, to be viable over the longer term, economic growth should respect the principles of sustainable development.
  2. The Parties shall continue to promote the responsible and efficient use of resources and raise awareness of the economic and social costs of environmental damage and its associated impact on human well-being.
  3. The Parties shall continue to encourage efforts to promote sustainable development through dialogue, the sharing of best practices, good governance and sound financial management.
  4. The Parties share a common goal of reducing poverty and supporting inclusive economic development around the globe, and shall endeavour to work together whenever possible to achieve this aim.
  5. For this purpose, the Parties shall establish a regular policy dialogue on development cooperation in order to improve policy coordination on common issues of interest and to improve the quality and effectiveness of their development cooperation, in line with internationally accepted principles on aid effectiveness. The Parties shall work together to strengthen accountability and transparency with a focus on improving development results, and shall recognise the importance of engaging a range of actors, including the private sector and civil society, in development cooperation.
  6. The Parties recognise the importance of the energy sector to economic prosperity and international peace and stability. They agree on the need to improve and diversify energy supplies, promote innovation and increase energy efficiency in order to strengthen energy opportunity, energy security, and sustainable and affordable energy. The Parties shall maintain a high-level dialogue on energy and continue to collaborate through bilateral and multilateral means in order to support open and competitive markets, share best practices, promote science-based, transparent regulation, and discuss areas of cooperation on energy issues.
  7. The Parties attach great importance to the protection and conservation of the environment and recognise the need for high standards of environmental protection in order to conserve the environment for future generations.
  8. The Parties recognise the global threat of climate change and the need to take immediate and further action to cut emissions in order to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. In particular, they share a common ambition to find innovative solutions to mitigate and adapt to the effects of climate change. The Parties recognise the global nature of the challenge and shall continue to support international efforts towards a fair, effective, comprehensive and rules-based regime under the United Nations Framework Convention on Climate Change (UNFCCC) that applies to all Parties to the Convention, including working together on moving the Paris Agreement forward.
  9. The Parties shall maintain high-level dialogues on the environment and on climate change with a view to sharing best practices and promoting effective and inclusive cooperation on climate change and other issues relating to environmental protection.
  10. The Parties recognise the importance of dialogue and cooperation at bilateral or multilateral levels in the field of employment, social affairs and decent work, particularly in the context of globalisation and demographic changes. The Parties shall endeavour to promote cooperation and exchanges of information and experiences on employment and social matters. The Parties also confirm their attachment to respect, promote and realise internationally recognised labour standards to which they have committed, such as those referred to in the 1998 International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work and its follow-up.

 

ARTICLE 13 Dialogue on other areas of mutual interest

Recognising their shared commitment to deepen and expand their longstanding engagement as well as acknowledging existing cooperation, the Parties shall endeavour, in appropriate bilateral and multilateral fora, to encourage expert dialogue and exchanges of best practices in policy areas of mutual interest. These include, but are not limited to, the areas of: agriculture, fisheries, international ocean and maritime policy, rural development, international transportation, employment, and circumpolar issues including science and technology. Where appropriate, this could also include exchanges on legislative, regulatory and administrative practices, as well as on decision-making processes.

ARTICLE 14 Citizens’ well-being

  1. Recognising the importance of expanding and deepening their dialogue and cooperation on a wide range of issues that affect the well-being of their citizens and the larger global community, the Parties shall encourage and facilitate dialogue, consultation and, where possible, cooperation on existing and emerging issues of mutual interest affecting citizens’ well-being.
  2. The Parties recognise the importance of consumer protection and shall encourage the exchange of information and best practice in this area.
  3. The Parties encourage mutual cooperation and information exchange on global health issues and on preparedness and response to global public-health emergencies.

 

ARTICLE 15 Cooperation on knowledge, research, innovation and communication technology

  1. Considering the importance of new knowledge to address global challenges, the Parties shall continue to encourage cooperation in the field of science, technology, research and innovation.
  2. Recognising the importance of information and communication technologies as key elements of modern life and socio-economic development, the Parties shall endeavour to cooperate and exchange views on national, regional and international policies in this field as appropriate.
  3. Recognising that the security and stability of the Internet in full respect of fundamental rights and freedoms is a global challenge, the Parties shall endeavour to cooperate at bilateral and multilateral levels through dialogue and exchange of expertise.
  4. The Parties recognise that the use of space systems is increasingly important to meet their socio-economic, environment and international policy objectives. The Parties shall continue to further their cooperation in the development and use of space assets to support citizens, businesses and government organisations.
  5. The Parties shall endeavour to continue their cooperation in the field of statistics, with a particular focus on actively promoting the sharing of best practices and policies.

 

ARTICLE 16 Promoting the diversity of cultural expressions, education and youth, and people-to-people contacts

  1. The Parties take pride in the long-standing cultural, linguistic and traditional ties that have built bridges of understanding between them. Transatlantic ties exist at all levels of government and society and the impact of this relationship is significant across Canadian and European societies. The Parties shall endeavour to encourage these ties and to seek new ways to foster relationships through people-to-people contacts. The Parties shall endeavour to use exchanges through non-governmental organisations and think-tanks that bring together youth and other economic and social partners to expand and deepen these relations and enrich the flow of ideas for the solution of common challenges.
  2. Recognising the extensive academic, educational, sport, culture, tourism and youth mobility relationships that have developed between them over the years, the Parties welcome and encourage continued collaboration in expanding these linkages, as appropriate.
  3. The Parties shall endeavour to foster the diversity of cultural expressions, including through the promotion, as appropriate, of the principles and objectives of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
  4. The Parties shall endeavour to encourage and facilitate exchanges, cooperation and dialogue between their cultural institutions and professionals in this sector as appropriate.

 

ARTICLE 17 Disaster resilience and emergency management

To minimise the impact of natural and man-made disasters and increase the resilience of society and infrastructure, the Parties affirm their common commitment to promote prevention, preparedness, response and recovery measures, including through cooperation as appropriate at the bilateral and multilateral level.

TITLE V JUSTICE, FREEDOM AND SECURITY

ARTICLE 18 Judicial cooperation

  1. As regards judicial cooperation in criminal matters, the Parties shall seek to enhance existing cooperation on mutual legal assistance and extradition based on relevant international agreements. The Parties shall also, within their powers and competences, seek to strengthen existing mechanisms and, as appropriate, consider the development of new mechanisms to facilitate international cooperation in this area. This would include, as appropriate, accession to, and implementation of, the relevant international instruments and closer cooperation with Eurojust.
  2. The Parties shall develop, as appropriate, judicial cooperation in civil and commercial matters, to the extent of their respective competences, in particular, as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation, including the Conventions of the Hague Conference on Private International Law in the field of international legal cooperation and litigation as well as the protection of children.

 

ARTICLE 19 Cooperation against illicit drugs

  1. Within their respective powers and competences, the Parties shall cooperate to ensure a balanced and integrated approach on drug issues. The Parties shall focus their efforts to:

– reinforce structures for combating illicit drugs;

– reduce the supply, trafficking and the demand for illicit drugs;

– address the health and social consequences of illicit drug abuse; and

– maximise the effectiveness of structures aimed at reducing the diversion of chemical precursors used for the illicit production of narcotic drugs and psychotropic substances.

  1. The Parties shall collaborate to attain these objectives, including, where possible, by coordinating their technical assistance programmes and by encouraging countries that have not already done so to ratify and implement existing international drug control conventions to which the Union or the Member States and Canada are party. The Parties shall base their actions on commonly accepted principles in line with the relevant international drug control conventions and respect the overarching goals of the 2009 UN Political Declaration and Plan of Action on International Cooperation Towards an Integrated and Balanced Strategy to Counter the World Drug Problem.

 

ARTICLE 20 Law enforcement cooperation and the fight against organised crime and corruption

  1. The Parties share a commitment to cooperating in combating organised, economic and financial crime, corruption, counterfeiting, smuggling and illegal transactions through compliance with their mutual international obligations in this area, including as regards effective cooperation in the recovery of assets or funds derived from acts of corruption.
  2. The Parties affirm their commitment to developing law enforcement cooperation, including through continuing cooperation with Europol.
  3. In addition, the Parties shall endeavour to collaborate in international fora to promote, as appropriate, adherence to and the implementation of the UN Convention Against Transnational Organized Crime and its supplementing Protocols to which they are both party.
  4. The Parties shall also endeavour to promote, as appropriate, the implementation of the UN Convention against Corruption, including through the operation of a strong review mechanism, taking account of the principles of transparency and participation of civil society.

 

ARTICLE 21 Money laundering and the financing of terrorism

1.The Parties recognise the need to cooperate on preventing the use of their financial systems to launder the proceeds of all criminal activity, including drug trafficking and corruption, and to combat the financing of terrorism. This cooperation extends to the forfeiture of assets or funds derived from criminal activity, within their respective legal frameworks and laws.

  1. The Parties shall exchange relevant information, as appropriate within their respective legal frameworks and laws, and implement appropriate measures to combat money laundering and the financing of terrorism, guided by the recommendations of the Financial Action Task Force and standards adopted by other relevant international bodies active in this area.

 

ARTICLE 22 Cybercrime

  1. The Parties recognise that cybercrime is a global problem requiring global responses. To that end, the Parties shall strengthen cooperation to prevent and combat cybercrime through the exchange of information and practical knowledge, in compliance with their respective legal frameworks and laws. The Parties shall endeavour to work together, where appropriate, to provide assistance and support to other states in the development of effective laws, policies and practices to prevent and combat cybercrime wherever it occurs.
  2. The Parties shall, as appropriate within their respective legal frameworks and laws, exchange information in fields including the education and training of cybercrime investigators, the conduct of cybercrime investigations and digital forensics.

 

ARTICLE 23 Migration, asylum and border management

  1. The Parties reaffirm their commitment to cooperating and exchanging views within the framework of their respective laws and regulations in the areas of migration (including legal migration, irregular migration, trafficking in human beings, migration and development), asylum, integration, visas and border management.
  2. The Parties share the objective of visa-free travel between the Union and Canada for all of their respective citizens. The Parties shall work together and make every effort to achieve, as soon as possible, visa-free travel between their territories for all citizens with a valid passport.
  3. The Parties agree to cooperate in order to prevent and control irregular migration. To this end:

(a) Canada shall readmit any of its citizens illegally present on the territory of a Member State, on request by the latter and, unless otherwise provided by a specific agreement, without further formalities;

(b) Each Member State shall readmit any of its citizens illegally present on the territory of Canada, upon request by the latter and, unless otherwise provided by a specific agreement, without further formalities;

(c) The Member States and Canada shall provide their citizens with appropriate travel documents for this purpose;

(d) The Parties shall endeavour to engage in negotiations of a specific agreement to set out obligations on readmission, including the readmission of nationals of third countries and stateless persons.

 

ARTICLE 24 Consular protection

  1. Canada shall allow Union citizens to enjoy in Canada, if the Member State of which they are a citizen does not have an accessible permanent representation in Canada, the protection of the diplomatic and consular authorities of any Member State.
  2. The Member States shall allow Canadian citizens to enjoy in the territory of any Member State, if Canada does not have an accessible permanent representation in the territory of that Member State, the protection of the diplomatic and consular authorities of any other state designated by Canada.
  3. Paragraphs 1 and 2 are intended to dispense with any requirements for notification and consent that might otherwise apply for the purposes of allowing Union or Canadian citizens to be represented by any state other than that of which they are nationals.
  4. The Parties shall review on an annual basis the administrative functioning of paragraphs 1 and 2.

 

ARTICLE 25 Personal data protection

  1. The Parties recognise the need to protect personal data and shall endeavour to work together to promote high international standards.
  2. The Parties recognise the importance of protecting fundamental rights and freedoms, including the right to privacy with respect to the protection of personal data. To this end, the Parties shall undertake, within the framework of their respective laws and regulations, to respect the commitments they have made in connection with these rights, including while preventing and combating terrorism and other serious crimes that are transnational in nature, including organised crime.
  3. The Parties shall continue to cooperate within the framework of their respective laws and regulations at bilateral and multilateral levels through dialogue and exchange of expertise, as appropriate, with respect to personal data protection.

 

TITLE VI POLITICAL DIALOGUE AND CONSULTATION MECHANISMS

ARTICLE 26 Political dialogue

The Parties shall endeavour to strengthen their dialogue and consultation in an effective and pragmatic fashion to support their evolving relationship, to advance their relations and to promote their common interests and values through their multilateral engagement.

ARTICLE 27 Consultation mechanisms

  1. The Parties shall engage in dialogue through ongoing contacts, exchanges and consultations, which include the following:

(a) summits at leaders level on an annual basis or as mutually agreed, held alternately in the Union and in Canada;

(b) meetings at foreign-minister level;

(c) consultations at ministerial level on policy issues of mutual interest;

(d) consultations of officials at the senior and working level on issues of mutual interest or briefings and cooperation on major domestic or international developments;

(e) promotion of exchanges of delegations from the European Parliament and the Parliament of Canada.

  1. Joint Ministerial Committee

(a) A Joint Ministerial Committee (JMC) is hereby established.

(b) The JMC:

(i)     replaces the Transatlantic Dialogue;

(ii)    is co-chaired by the Minister of Foreign Affairs of Canada and the High Representative of the Union for Foreign Affairs and Security Policy;

(iii)   meets on an annual basis, or as mutually agreed as circumstances require;

(iv)   adopts its own agenda, rules and procedures;

(v)    takes decisions with the approval of both Parties;

(vi)  receives an annual report by the Joint Cooperation Committee (JCC) on the state of the relationship and makes related recommendations on the work of the JCC including on new areas for future cooperation and the resolution of any disputes arising from the implementation of this Agreement;

(vii) is composed of representatives of the Parties.

  1. Joint Cooperation Committee

(a) The Parties shall establish a Joint Cooperation Committee (JCC).

(b) The Parties shall ensure that the JCC:

(i)     recommends priorities in relation to cooperation between the Parties;

(ii)    monitors the developments in the strategic relationship between the Parties;

(iii)   exchanges views and makes suggestions on any issues of common interest;

(iv)   makes recommendations for efficiencies, greater effectiveness and synergies between the Parties;

(v)    ensures that this Agreement operates properly;

(vi)   provides an annual report to the JMC on the state of the relationship that the Parties shall make public, as noted in paragraph 2(b)(vi) of this Article;

(vii) deals appropriately with any matter referred to it by the Parties under this Agreement;

(viii) establishes sub-committees to assist it in the performance of its duties. These sub-committees should, however, not duplicate bodies established under other agreements between the Parties; considers situations where either Party deems its interests have been or could be adversely affected by decision-making processes in areas of cooperation not governed by a specific agreement.

  • The Parties shall ensure: that the JCC meets once a year in the Union and Canada alternately; that special meetings of the JCC are held at the request of either Party; that the JCC is co-chaired by one senior official from Canada and one senior official from the Union; and that it agrees on its own terms of reference, including observer participation.
  • The JCC shall be composed of the representatives of the Parties, with due attention to promoting efficiency and economy in establishing the levels of participation.
  • The Parties agree that the JCC may request committees and similar bodies established under existing bilateral agreements between the Parties to provide regular updates to the JCC on their activities as part of an ongoing, comprehensive overview of the relationship between the

 

ARTICLE 28 Fulfilment of obligations

  1. In the spirit of mutual respect and cooperation embodied by this Agreement, the Parties shall take the general or specific measures required to fulfil their obligations under this Agreement.
  2. Should any questions or differences arise in the implementation or interpretation of this Agreement, the Parties shall strengthen their efforts to consult and cooperate in order to resolve the issues in a timely and amicable manner. At the request of either Party, questions or differences shall be referred to the JCC for further discussion and study. The Parties may also jointly decide to refer these matters to special sub-committees reporting to the JCC. The Parties shall ensure that the JCC or the appointed sub-committee meets within a reasonable amount of time to seek to resolve any differences in the implementation or interpretation of this Agreement through early communication, a thorough examination of the facts, including expert advice and scientific evidence as appropriate, and effective dialogue.
  3. Reaffirming their strong shared commitment to human rights and non-proliferation, the Parties consider that a particularly serious and substantial violation of the obligations described in Articles 2(1) and 3(2) may be addressed as a case of special urgency. The Parties consider that, for a situation to constitute a “particularly serious and substantial violation” of Article 2(1), its gravity and nature would have to be of an exceptional sort such as a coup d’État or grave crimes that threaten the peace, security and well-being of the international community.
  4. In cases where a situation occurring in a third country could be considered equivalent in gravity and nature to a case of special urgency, the Parties shall endeavour to hold urgent consultations, at the request of either Party, to exchange views on the situation and consider possible responses.
  5. In the unlikely and unexpected event that a case of special urgency occurs in the territory of one of the Parties, either Party may seize the JMC of the matter. The JMC may ask the JCC to hold urgent consultations within 15 days. The Parties shall provide the relevant information and evidence required for a thorough examination and a timely and effective resolution of the situation. Should the JCC be unable to resolve the situation, it may submit the matter to the JMC for urgent consideration.
  6. (a) In a case of special urgency where the JMC is unable to resolve the situation, either
    Party may decide to suspend the provisions of this Agreement. In the Union, the
    decision to suspend would entail unanimity. In Canada, the decision to suspend would
    be taken by the Government of Canada in accordance with its laws and regulations. A
    Party shall immediately notify the other Party, in writing, of the decision and shall apply
    the decision for the minimum period of time necessary to resolve the issue in a manner
    acceptable to the Parties;

(b) The Parties shall keep under constant review the development of the situation which prompted that decision and which could serve as grounds for other appropriate measures taken outside the framework of this Agreement. The Party invoking the suspension or other measures shall withdraw them as soon as warranted.

  1. In addition, the Parties recognise that a particularly serious and substantial violation of human rights or non-proliferation, as defined in paragraph 3, could also serve as grounds for the termination of the EU-Canada Comprehensive Economic and Trade Agreement (CETA) in accordance with Article 30.9 of that Agreement.
  2. This Agreement shall not affect or prejudice the interpretation or application of other agreements between the Parties. In particular, the dispute settlement provisions of this Agreement shall not replace or affect in any way the dispute settlement provisions of other agreements between the Parties.

TITLE VII FINAL PROVISIONS

ARTICLE 29 Security and disclosure of information

  1. This Agreement shall not be construed to prejudice Union, Member State or Canadian laws and regulations regarding public access to official documents.
  2. This Agreement shall not be construed to require a Party to provide any information if that Party considers that it is contrary to its essential security interests to disclose that information.

ARTICLE 30 Entry into force and termination

1.The Parties shall notify each other once they have completed the internal procedures required for this Agreement to enter into force. This Agreement enters into force on the first day of the month following the date of the last notification.

  1. Notwithstanding paragraph 1, the Union and Canada shall apply parts of this Agreement on a provisional basis, as set out in this paragraph, pending its entry into force and in accordance with their respective internal procedures and legislation, as applicable.

Provisional application begins on the first day of the second month following the date on which the Union and Canada notify each other of the following:

(a) For the Union, the completion of the internal procedures necessary for this purpose, indicating the parts of the Agreement that shall be provisionally applied; and

(b) For Canada, the completion of the internal procedures necessary for this purpose, confirming its agreement to the parts of the Agreement that shall be provisionally applied.

  1. Either Party may notify in writing the other Party of its intention to denounce this Agreement.
    The denunciation takes effect six months after the notification.

 

ARTICLE 31 Amendment

The Parties may amend this Agreement by agreement in writing. The amendment comes into force on the first day of the month following the date of the last notification by which the Parties notify each other that all necessary internal procedures for entry into force of the amendment are complete.

 

ARTICLE 32 Notifications

The Parties shall submit all notifications made in accordance with Articles 30 and 31 to the General Secretariat of the Council of the European Union and Canada’s Department of Foreign Affairs, Trade and Development or their respective successors.

ARTICLE 33 Territorial application

This Agreement applies, on the one hand, to the territories in which the Treaties on which the European Union is founded apply and under the conditions laid down in those Treaties, and, on the other hand, to Canada.

ARTICLE 34 Definition of the Parties

For the purposes of this Agreement, the term “the Parties” means the European Union or its Member States, or the European Union and its Member States, in accordance with their respective competences, on the one hand, and Canada, on the other.

This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Agreement.

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