Title
AGREEMENT ON TRADE CONTINUITY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND CANADA
Preamble
The United Kingdom of Great Britain and Northern Ireland ("the United Kingdom" or "UK") and Canada (hereinafter referred to as "the Parties"),
RECOGNISING that the Canada-European Union Comprehensive Economic and Trade Agreement ("CETA") done at Brussels, on 30 October 2016, will cease to apply to the United Kingdom at the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, done at Brussels and London on 24 January 2020 ("transition period");
DESIRING that the rights and obligations between them as provided for by CETA should continue following the departure of the United Kingdom from the European Union and following the end of the transition period, subject to the provisions of this Agreement, including the modifications provided for in Annexes A and B;
REAFFIRMING the preamble of CETA,
Have agreed as follows:
Body
Article I. Incorporation of CETA
1. The provisions of CETA are incorporated by reference into and made part of this Agreement, mutatis mutandis, subject to the provisions of this Agreement, including the modifications provided for in Annexes A and B.
2. For greater certainty, a reference to "this Agreement" in Articles I through VII, Annexes A and B or the incorporated provisions of CETA, shall be understood as reference to the Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada ("Trade Continuity Agreement" or "TCA").
3. For greater certainty, a reference to the "provisions of CETA" in this Agreement includes tables, lists, annexes, reservations and footnotes.
4. Provisions of CETA, or parts of such provisions, that apply exclusively to EU Member States and not to the UK, or that are in languages other than English and French, are not incorporated by reference into and made part of this Agreement.
5. For greater certainty, nothing in this Agreement shall provide any rights to any non-Party to this Agreement.
6. In the event of any inconsistency between Articles I through VII and the provisions of CETA, as incorporated, Articles I through VII shall prevail to the extent of the inconsistency.
Article II. Further Provision In Relation to the Canada-UK Joint Committee
1. The Canada-UK Joint Committee, which the Parties establish under incorporated Article 26.1 (Canada-UK Joint Committee), shall ensure that this Agreement operates properly.
2. Upon entry into force of this Agreement, any decisions adopted by the CETA Joint Committee or specialised committees established by Article 26.2 (Specialised committees) of CETA before CETA ceased to apply to the United Kingdom shall, to the extent that those decisions relate to the Parties to this Agreement, be deemed to have been adopted by the Canada-UK Joint Committee, mutatis mutandis and subject to the provisions of this Agreement, including the modifications provided for in Annexes A and B.
3. Nothing in paragraph 2 prevents the Canada-UK Joint Committee from making decisions that are different from, revoke or supersede the decisions deemed to have been adopted by it under that paragraph.
Article III. Retained Law
1. References to EU law in this Agreement are to be understood as references to EU law as incorporated into the law of the UK on the date the transition period ends.
2. Subject to the provisions of this Agreement, in incorporating EU law into UK domestic law, or in making amendments to UK law to address a deficiency in retained EU law, the UK shall not decrease the conformity of a measure, as it existed before the incorporation or amendment, with the provisions of this Agreement.
3. Nothing in paragraph 2 prevents the UK from withdrawing treatment it was granting to Canada only as a result of the UKâs participation in the internal market of the European Union.
4. A dispute arising in relation to paragraph 2 shall be considered urgent within the meaning of incorporated paragraph 29.4.4 (Consultations) and incorporated Article 29.11 (Urgent proceedings), except that:
(a) consultations shall commence within 5 days of the date of receipt of Canadaâs request by the UK; and
(b) the UK may not make the type of request referred to in the final sentence of incorporated Article 29.11 (Urgent proceedings).
Article IV. Subsequent Negotiations
1. The Parties shall commence negotiations on a new Canada-United Kingdom free trade agreement no later than one year after the date of entry into force of this Agreement.
2. A Party shall give positive consideration to any proposal by the other Party regarding topics to be included in the scope of the negotiations referred to in paragraph 1, including topics not covered by this Agreement.
3. In pursuing the negotiations referred to in paragraph 1, the Parties shall endeavour to develop their trade and economic relations further by aiming for an agreement that is ambitious, modern and comprehensive, and that is tailored to their interests.
4. The Parties shall strive to conclude the negotiations referred to in paragraph 1 within three years of the date of entry into force of this Agreement.
Article V. Review of Procedures for the Resolution of Investment Disputes between Investors and States
1. Incorporated Articles 8.18 (Scope) through 8.43 (Consolidation), as well as incorporated paragraphs 8.44.2 and 8.44.3 (Committee on Services and Investment), except for sub-paragraph (d), shall not apply upon entry into force of this Agreement.
2. Within 90 days of the entry into force of this Agreement, the Parties shall commence a comprehensive review of the incorporated provisions listed in paragraph 1.
3. The review under paragraph 2 shall be completed within three years of the entry into force of this Agreement. No later than 30 months after the entry into force of this Agreement, the Parties shall consult as to whether the three-year period should be extended. If they agree, the period may be extended by decision of the Canada- UK Joint Committee.
4. If the review under paragraph 2 has not been completed within the time period set out in paragraph 3 or as extended by the Canada-UK Joint Committee, the incorporated provisions listed in paragraph 1 shall apply, provided that the equivalent provisions of CETA have entered into force.
5. For greater certainty, following the Partiesâ review under paragraph 2, the amendment procedures established in incorporated paragraph 30.2.1 (Amendments) apply.
6. Incorporated paragraph 13.2.4 (Scope), incorporated sub-paragraph 13.18.3(c) (Financial Services Committee), incorporated Article 13.21 (Investment disputes in financial services) as well as incorporated Annex 13-B (Understanding on the Application of Articles 13.16.1 and 13.21), to the extent that it relates to the process under incorporated Article 13.21, shall not apply unless and until the incorporated provisions referred to in paragraph 1 apply.
7. Further to Article IL2 (Further provision in relation to the Canada-UK Joint Committee), any decisions, or parts of decisions, related to the incorporated provisions listed in paragraph 1 that were adopted by the CETA Joint Committee or the Committee on Services and Investment established under Articles 26.1 (CETA Joint Committee) and 26.2 (Specialised committees) of CETA before it ceased to apply to the United Kingdom shall not be deemed to have been adopted by the Canada-UK Joint Committee under this Agreement.
Article VI. Integral Parts of this Agreement
Unless otherwise provided for, the protocols, annexes, and footnotes to this Agreement, including those incorporated under Article I (Incorporation of CETA), constitute integral parts thereof. The agreement, in the form of an exchange of letters between Canada and the United Kingdom, entitled "WTO Cheese TRQ - UK Transitional Access to the European Union Reserve", dated 9 December 2020, also constitutes an integral part of this Agreement.
Article VII. Entry Into Force and Provisional Application
1. This Agreement shall be approved by the Parties in accordance with their domestic procedures.
2. This Agreement shall enter into force on:
(a) the later of:
(i) the date on which CETA ceases to apply to the United Kingdom; or
(ii) the date of the later of the Parties' notifications that they have completed their domestic procedures; or
(b) such other date as the Parties may otherwise agree.
3. Pending the entry into force of this Agreement, the Parties may provisionally apply this Agreement or provisions thereof by an exchange of written notifications. Such provisional application shall take effect on the later of:
(a) the date on which CETA ceases to apply to the United Kingdom; or
(b) the date of the later of the Parties' notifications that they have completed their respective internal requirements and procedures necessary for provisional application of this Agreement.
4. A Party may terminate the provisional application of this Agreement by written notice to the other Party. Such termination shall take effect on the first day of the second month following the date the notification is received, unless the notification provides for a later date.
5. If the Parties provisionally apply this Agreement, or certain provisions of it, the term "entry into force of this Agreement" in this Agreement, or in those provisions, shall be deemed to refer to the date that such provisional application takes effect.
6. The United Kingdom shall submit notifications under this Article to Canada's Department of Foreign Affairs, Trade and Development or its successor. Canada shall submit notifications under this Article to the United Kingdom's Foreign, Commonwealth and Development Office or its successor.
7. The Canada-UK Joint Committee and other bodies established under this Agreement may exercise their functions during the provisional application of this Agreement. Any decisions adopted in the exercise of their functions will cease to be effective if the provisional application of this Agreement is terminated under paragraph 4.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
DONE in Duplicate at Ottawa this 9th day of December 2020 in the English and French languages, both texts being equally authentic.
For the United Kingdom of Great Britain and Northern Ireland:
DAVID REED
For Canada:
JOHN HANNAFORD
Attachments
Annex A
Part A. General Modifications
1. Unless otherwise provided for in this Annex:
a) the terms, "European Union", "EU", "EU Party", "European Commission", "European", "European Union Member State", "European Union and its Member States", "Member State", and "Member State of the European Union", as well as similar terms, are replaced with "United Kingdom" or "UK";
b) "CETA Joint Committee" is replaced with "Canada-UK Joint Committee";
c) "Joint Customs Cooperation Committee (JCCC)" is replaced with "Committee on Customs and Trade Facilitation ("CCTF Committee")";
d) "CETA Committee on Geographical Indications" is replaced with "Canada-UK Committee on Geographical Indications";
e) "CETA contact points" is replaced with "Canada-UK contact points"; and
f) "Canada-European Union Comprehensive Economic and Trade Agreement" and "CETA" are replaced with "Canada-United Kingdom Trade Continuity Agreement ("TCA")".
Part B. Chapter-specific Modifications
Chapter 1.
1. In Article 1.1, the definition of Parties is replaced with "Parties means, on the one hand, Canada, and on the other hand, the UK;".
2. In Article 1.2:
a) in the definition of citizen, sub-paragraph (b) is replaced with "(b) for the UK, a natural person who is a national of the United Kingdom, as defined in the New Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of the term "nationals" together with Declaration No 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon (1).";
b) in the definition of central government, sub-paragraph (b) is replaced with "(b) for the UK, the Government of the UK.".
3. In Article 1.3, paragraph (b) is replaced with "(b) for the UK, to the extent that and under the conditions which CETA applied immediately before it ceased to apply to the UK to the territory of the UK and the following territories for whose international relations it is responsible:
i. Gibraltar;
ii. The Channel Islands and the Isle of Man."
Chapter 2.
1. In Article 2.1, "over a transitional period starting from the entry into force of this Agreement" is deleted.
2. Paragraph 2.3.2 is replaced with "2. Paragraph 1 means, with respect to a government in Canada or the United Kingdom other than the central government, treatment no less favourable than that accorded by that government to like, directly competitive or substitutable goods of Canada or the United Kingdom, respectively.".
3. In paragraph 2.5.3, "three years after the date of entry into force of this Agreement" is replaced with "21 September 2020".
4. The second footnote to paragraph 2.10.2 is deleted.
5. The footnote to paragraph 2.10.4 is deleted.
6. In sub-paragraph 2.11.4(b), "for a period of three years following the entry into force of this Agreement" is replaced with "until 21 September 2020".
7. "In paragraph 2.13.3:
a) "and" is removed after sub-paragraph (b) and added after sub-paragraph (c); and
b) the following new sub-paragraph is added after sub-paragraph (c): "(d) provide a forum for cooperation and exchange of information on agriculture issues not covered under this Agreement.".
8. Paragraph 2.13.4 is deleted.
Chapter 5.
1. Sub-paragraph 5.1.1(e) Is Deleted.
2. In sub-paragraph 5.5.2(a), "and" is added after "pest-free production site," and "and a protected zone" is deleted.
3. In sub-paragraph 5.14.2(d), "unless the Parties decide otherwise," is added after "at least once a year,".
4. Paragraph 5.14.7 is replaced with "7. Unless the Parties decide otherwise, the Joint Management Committee shall meet and establish its rules of procedure no later than one year after the entry into force of this Agreement, and shall endeavour to establish its work programme.".
5. In paragraph 5.14.9, ", as necessary," is added after "The Joint Management Committee shall report annually on its activities and".
Chapter 6.
1. In paragraph 6.13.3, "the Agreement between Canada and the European Community on Customs Cooperation and Mutual Assistance in Customs Matters, done at Ottawa on 4 December 1997 (the "Canada-EU Customs Cooperation Agreement")" is replaced with "any agreement or arrangement governing customs cooperation and mutual assistance in customs matters between the UK and Canada".
2. In paragraph 6.13.4, "the Canada-EU Customs Cooperation Agreement" is replaced with "any agreement or arrangement governing customs cooperation and mutual assistance in customs matters between the UK and Canada" and "or arrangement" is added after "as defined in that agreement".
3. Article 6.14 is replaced with:
"Article 6.14
Committee on Customs and Trade Facilitation
1. The Committee on Customs and Trade Facilitation ("CCTF Committee"), established under sub-paragraph 26.2.1(c) (Specialised committees), shall meet on request of the Committee on Trade in Goods or upon request of a Party and shall ensure the proper functioning of this Chapter, as well as Articles 2.8 (Temporary suspension of preferential tariff treatment) and 20.43 (Scope of border measures).
2. The CCTF Committee may consider:
(a) further measures aimed at facilitating trade between the Parties;
(b) any issues related to the interpretation, application and administration of this Chapter and Articles 2.8 (Temporary suspension of preferential tariff treatment) and 20.43 (Scope of border measures) in accordance with the objectives of this Agreement; or
(c) any issue regarding customs and trade facilitation that are referred to it by a Party.
3. The CCTF Committee shall submit any recommendations to the Committee on Trade in Goods that it considers necessary for the attainment of the common objectives and sound functioning of the mechanisms established in this Chapter and Articles 2.8 (Temporary suspension of preferential tariff treatment) and 20.43 (Scope of border measures)."
Chapter 8.
1. In Article 8.1:
a) in the definition of covered investment, in sub-paragraph (d), "the date of entry into force of this Agreement" is replaced with "21 September 2017";
b) in the definition of natural person:
(i) the text in sub-paragraph (b) is replaced with "in the case of the UK, a natural person who is a national of the UK.";
(ii) in the second paragraph, "has the nationality of one of the Member States of the European Union" is replaced with "a national of the UK"; and
(iii) in the third paragraph, "has the nationality of one of the Member States of the European Union" is replaced with "is a national of the UK".
c) the definition of non-disputing Party is replaced with: "non-disputing Party means Canada, if the UK is the respondent, or the UK, if Canada is the respondent;";
d) the definition of respondent is replaced with: "respondent means Canada or the UK;".
2. In paragraph 8.2.1, the footnote following the word "territory" is modified by replacing "to which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied" with "of the UK".
3. In paragraph 8.2.5, "the Agreement on Air Transport between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009" is replaced with "any agreement or arrangement governing air services between Canada and the United Kingdom".
4. In paragraphs 8.6.3 and 8.7.2, in each place it occurs, "government of or in a Member State of the European Union is replaced with "in the UK, other than the central government".
5. In paragraph 8.9.4:
a) the footnote following the word "subsidy" is deleted; and
b) in the footnote following the term "competent authority", everything after "competent authority" is replaced with "is an authority or agency notified in writing by the United Kingdom to Canada through the Canada-UK contact points".
6. In sub-paragraph 8.15.1(a), sub-sub-paragraph (i) is deleted.
7. In Section F (Resolution of investment disputes between investors and states), incorporated Articles 8.18 through 8.43 as well as incorporated paragraphs 8.44.2 and 8.44.3, except for sub-paragraph (d), do not apply upon entry into force of this Agreement and are subject to a comprehensive review in accordance with Article V (Review of procedures for the resolution of investment disputes between investors and states).
8. In paragraph 8.19.2, sub-paragraphs 8.19.2 (a) through (c) are replaced with:
"(a) Ottawa, if the measures challenged are measures of Canada; or
(b) London, if the measures challenged are measures of the UK.".
9. Paragraph 8.19.7 is deleted.
10. In paragraph 8.19.8, "and, if applicable, its notice requesting a determination of the respondent," is deleted.
11. Article 8.21 is deleted.
12. In sub-paragraph 8.22.1(b), "and, if applicable, at least 90 days to elapse from the submission of the notice requesting a determination of the respondent" is deleted.
13. Sub-paragraph 8.22.1(c) is deleted.
14. In paragraph 8.36.2, "the notice requesting a determination of the respondent, the notice of determination of the respondent," is deleted.
15. In paragraph 8.37.2, ", as applicable, the European Union, Member States of the European Union and" is deleted.
16. In sub-paragraph 8.38.1(a), "a notice requesting a determination of the respondent, a notice of determination of the respondent,"is deleted.
Chapter 9.
1. In paragraph 9.2.3, "the Agreement on Air Transport between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009" is replaced with "any agreement or arrangement governing air services between Canada and the United Kingdom".
2. In paragraphs 9.3.2 and 9.5.2, "of or in a Member State of the European Union" is replaced with "in the UK other than the central government".
3. Sub-sub-paragraph 9.7.1(a)(i) is deleted.
Chapter 10.
Sub-paragraph 10.5.1(a) is replaced with:
"(a) in the case of Canada:
Director
Temporary Resident Policy and Programs Immigration Branch
2. Sub-paragraph 10.5.1(b) is replaced with: