Canada - United Kingdom Trade Continuity Agreement (2020)
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"(b) In the case of the UK: Head of Services Department for International Trade".

3. Sub-paragraph 10.5.1(c) is deleted.

4. In paragraph 10.5.2, ", and as appropriate the contact points for Member States of the European Union," is deleted.

5. The footnote to sub-paragraph 10.7.5(d) is deleted.

6. The footnote to paragraph 10.9.3 is deleted.

Chapter 11.

1. In Article 11.1, in the definition of jurisdiction, "each of the Member States of the European Union" is replaced with "the UK".

2. In paragraph 11.2.2, "in all or some Member States of the European Union and” is deleted.

Chapter 13.

1. Sub-sub-paragraph 13.10.1(a)(i) is deleted.

2. Sub-sub-paragraph 13.10.2(a)(i) is deleted.

3. The following sentence is added at the end of paragraph 13.18.1: "For the UK, the Committee representative is an official from Her Majesty's Treasury, or its successor.".

4. The following sentence is added at the end of paragraph 13.19.2: "For the UK, this means officials from Her Majestyâ's Treasury, or its successor.".

Chapter 14.

1. In Article 14.1, In the definitions of International Cargo and International Maritime Transport Services, ", or between a Port of One Member State of the European Union and a Port of Another Member State of the European Union" is deleted.

2. The Footnote to Sub-paragraph 14.2.2(a) is deleted.

3. Sub-sub-paragraph 14.4.1(a)(i) is deleted.

Chapter 17.

1. In paragraph 17.2.3, "in accordance with the Agreement between the European Communities and the Government of Canada Regarding the Application of their Competition Laws, done at Bonn on 17 June 1999" is deleted.

Chapter 19.

1. Sub-paragraph 19.4.1(b) is replaced with:

“(b) within the UK, treatment no less favourable than that accorded by a sub-central region, including its procuring entities, to goods and services of, and suppliers located in, that sub-central region, as the case may be.”.

2. In paragraph 19.6.2, "the date of entry into force of this Agreement" is replaced with "21 September 2017".

3. In paragraph 19.17.8, "the entry into force of this Agreement" is replaced with "21 September 2017".

Chapter 20.

1. In Article 20.21, paragraphs 1, 2, 3, 4, 11, 12 and 13 and the footnotes to these paragraphs are deleted.

2. In paragraph 20.22.2:

a) "the date of signing of this Agreement is" is replaced with "30 October 2016 was"; and

b) the expression "Register of the European Union" is not modified by paragraph 1 of Part A.

Chapter 21.

1. Paragraph 21.2.5 is deleted.

2. Paragraph 21.7.4 is replaced with "The Parties may establish reciprocal exchange of information on the safety of consumer products and on preventive, restrictive and corrective measures taken. In particular, a Party may receive selected information from the other Party’s database containing information relating to market surveillance and product safety with respect to consumer products and cosmetics. This reciprocal exchange of information shall be done on the basis of an arrangement setting out the measures referred to under paragraph 5.".

3. In sub-paragraph 21.9.1(b), "the International Affairs Unit of the Directorate General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission" is replaced with "the Trade Policy Group of the Department for International Trade".

Chapter 25.

1. In sub-paragraph 25.1.1(a), "Dialogue on Biotech Market Access Issues" is replaced with "Dialogue on Agricultural Biotech Market Access Issues, as referred to in Article 25.2".

2. The title of Article 25.2 is replaced with "Dialogue on Agricultural Biotech Market Access Issues".

3. In paragraph 25.2.1, the opening paragraph is replaced with:

"The Parties agree that cooperation and information exchange on issues in connection with biotechnology products are of mutual interest. Such cooperation and exchange of information shall take place in a bilateral Dialogue on Agricultural Biotech Market Access Issues. The bilateral Dialogue on Agricultural Biotech Market Access Issues covers any relevant issue of mutual interest to the Parties, including:".

4. In sub-paragraph 25.2.1(d), "including measures of Member States of the European Union" is deleted.

5. In paragraph 25.5.3, "Agreement for Scientific and Technological Cooperation between the European Community and Canada, done at Halifax on 17 June 1995" is replaced with "Memorandum of Understanding between the Department of Foreign Affairs, Trade and Development of Canada and the Department for Business, Energy, and Industrial Strategy of the United Kingdom of Great Britain and Northern Ireland concerning Science, Technology and Innovation, signed at Ottawa on 18 September 2017".

Chapter 26.

1. In paragraph 26.1.1, "Member of the European Commission responsible for Trade" is replaced with "Secretary of State responsible for International Trade in the UK".

2. In paragraph 26.2.1,", or in the case of the Joint Customs Cooperation Committee referred to in subparagraph (c), is granted authority to act under the auspices of the CETA Joint Committee" is deleted.

3. Sub-paragraph 26.2.1(c) is replaced with "the Committee on Customs and Trade Facilitation, which addresses matters concerning customs and trade facilitation".

4. After sub-paragraph 26.2.1(h), "and" is deleted.

5. In sub-paragraph 26.2.1(i), "." is replaced with "; and".

6. After sub-paragraph 26.2.1(i), the following sub-paragraph is added: "(j) the Committee on Rules of Origin and Origin Procedures, which addresses matters concerning rules of origin and origin procedures.".

Chapter 28.

1. In Article 28.2:

a) in the definition of competition authority, sub-paragraph (b) is replaced with "for the UK, the Competition Markets Authority or a regulator listed in section 54(1) of the Competition Act 1998(c.41) or a successor notified to the other Party through the Canada-UK contact points;";

b) in the definition of competition laws, sub-paragraph (b) is replaced with "for the UK, the Competition Act 1998 (c.41), and Part 3 of, and Schedules 7, 8, and 10 to, the Enterprise Act 2002 (c.40); and"; and

c) in the definition of information protected under its competition laws, sub-paragraph (b) is replaced with "for the UK, information obtained by a competition authority under the Competition Act 1998 (c.41) and Part 3 of the Enterprise Act 2002 (c.40).".

2. In paragraph 28.3.1, "Article 30.8.5 (Termination, suspension or incorporation of other existing agreements)," is deleted.

3. Article 28.4 is deleted.

4. In Article 28.5, "Where Canada or a Member State that is not a member of the European Monetary Union" is replaced with "If a Party".

5. In sub-paragraph 28.7.7(d), the final "." is replaced with ", or its successor. For the UK, this means officials from Her Majesty's Revenue and Customs, or its successor."

Chapter 30.

1. In paragraph 30.2.2, ", except for Annex 10-A (List of Contact Points of the Member States of the European Union)" is deleted.

2. Article 30.7 is deleted.

3. Paragraphs 30.8.1, 30.8.2, 30.8.5, 30.8.6 and 30.8.7 are deleted.

4. In paragraph 30.9.1, "General Secretariat of the Council of the European Union" is replaced with "UK Foreign, Commonwealth and Development Office".

5. After paragraph 30.9.2, the following paragraph is added:

"3. For greater certainty, Article 30.9.2 of CETA shall not apply between the United Kingdom and Canada from the date CETA ceases to apply to the United Kingdom.".

6. Articles 30.10 and 30.11 are deleted.

Modifications to the agreements incorporated by reference pursuant to paragraph 30.8.3, as amended by Annex 30-B, and modifications to Annex 30-B, are set out in Part C of this Annex.

Annex I. Reservations for existing measures and liberalisation commitments

Headnote

1. In sub-sub-sub-paragraph 3(f)(iii)(A), "at Member State level" is replaced with "in the UK".

2. Paragraph 8 is deleted.

UK

Reservations applicable in the UK

1. In the title, "(applicable in all Member States of the EU unless otherwise indicated)" is deleted.

2. Unless otherwise indicated below, "EU level" is deleted from the Level of Government element of each reservation.

3. The following reservations are modified as follows:

a. Sector: All sectors

Sub-sector:

Type of Reservation: National treatment

i. In the Measures element, "Treaty on the Functioning of the European Union" is replaced with "As set out in the Description element".

ii. In the Description element:

A. The first paragraph is replaced with:

"Companies or firms formed in accordance with the law of the UK and having their registered office, central administration or principal place of business in the UK, including those established in the UK by Canadian investors, may, as regards the tight of establishment, be treated more favourably than branches or agencies of companies or firms established outside the UK.".

B. The following paragraph is added after the second paragraph:

"For greater certainty, the scope of this reservation shall not be interpreted more broadly than the scope of the national treatment reservation in Annex I of CETA that is applicable in the European Union and that, for the Measures element, refers to the Treaty on the Functioning of the European Union.".

b. Sector: Research and development services

Sub-Sector: Research and experimental development services on natural sciences and engineering, interdisciplinary research and experimental development services

Type of Reservation: National treatment, market access

i. The Measures element is replaced with: "Measures: All currently existing and all future research or innovation programmes.".

ii. In the first paragraph of the Description element, "EU at EU level" is replaced with "UK".

iii The second paragraph of the Description element is deleted.

c. Sector: Agriculture

Sub-Sector:

Type of Reservation: Performance requirements

i. In the Level of Government element, "EU level" is replaced with "National".

d. Sector: Transport

Sub-Sector: Supporting services for air transport

Type of Reservation: national treatment, market access, most-favoured-nation treatment

i. In the Industry Classification element, the following is added after "Rental of aircraft":

"CPC 7461, CPC 7469, CPC 83104"

ii. In the Type of Reservation element, "CPC 7461, CPC 7469, CPC 83104" is deleted.

iii. In the Description element:

A. In the first paragraph, "the Member State of the EU licensing the carrier or, if the licensing Member State of the EU so allows, elsewhere in the EU" is replaced with "the UK".

B. In the second paragraph, "the Member State of the EU licensing the air carrier of the EU" is replaced with "the UK".

C. In the third paragraph, "the Agreement on Air Transport between Canada and the European Community and its Member States" is replaced with "any agreement or arrangement governing air services between Canada and the UK".

D. In the fifth paragraph, each instance of "non-EU" is replaced with "non-UK".

e. Sector: Transport

Sub-Sector: Internal waterways transport, supporting services for internal waterways transport

Type of Reservation: National treatment, market access, obligations

i. In the Level of Government element, "EU level" is replaced with "National".

f. Sector: Transport

Sub-Sector: Other transport services (provision of combined transport services)

Type of Reservation: Market access

i. In the first paragraph of the Description element, each instance of "between Member States of the EU" is replaced with "in the UK".

g. Sector: Supporting services for all modes of transport

Sub-Sector: Customs clearance services

Type of Reservation: National treatment, market access

i. In the Measures element, "Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and subsequent amendments" is replaced with "Taxation (Cross-border Trade) Act 2018 (c.22)".

ii. In the Measures element, after "Taxation (Cross-border Trade) Act 2018 (c.22)", a new footnote is inserted as follows:

"For greater certainty, the scope of this reservation shall not be interpreted more broadly than the scope of the corresponding reservation in Annex I of CETA that is applicable in the European Union and that refers to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and subsequent amendments. Paragraph 4 of Article III (Retained Law) of the TCA applies to a dispute arising in relation to the scope of this reservation."

h. Sector: Business services

Sub-Sector: Legal services

Type of Reservation: National treatment, market access

i. In the second paragraph of the Description element, "EU law and the law of Member States of the EU" is replaced with "the law of the UK".

i. Sector: Energy

Sub-Sector: Extraction of crude petroleum and natural gas, services incidental to mining, related scientific and technical consulting services

Type of Reservation: Market access

i. In the Measures element, "Petroleum Act 1988" is replaced with "Petroleum Act 1998",

4. The title, "Reservations applicable in the United Kingdom", is deleted.

ANNEX II. Reservation for future measures

Headnote

5. Paragraph 5 is replaced with: "5. A reservation taken by Canada or the UK at the national level of government applies to a measure of a government at the regional, provincial, territorial or local level within that country.".

6. Paragraph 9 is deleted.

UK

Reservations applicable in the UK

7. In the title, "(applicable in all Member States of the EU unless otherwise indicated)" is deleted.

8. The following reservations are modified as follows:

a. Sector: Fishing, aquaculture, services incidental to fishing

Sub-Sector: Type of Reservation: Market access, national treatment, most-favoured-nation treatment, performance requirements

Description: Investment and Cross-Border Trade in Services

i. In the first paragraph of the Description element, "the Common Fisheries Policy, and of" is deleted.

ii. In sub-paragraph (c) of the second paragraph of the Description element, the "a" before "Canada" is deleted.

iii. The fifth paragraph of the Description element is deleted.

b. Sector: Business services

Sub-Sector: Legal services, services of notaries, services by bailiffs

Type of Reservation: Market access, national treatment, senior management and boards of directors

Description: Investment and Cross-Border Trade in Services

i. In the Description element, “‘huissiers de justice’ or other ‘officiers publics etministériels’,” is deleted.

c. Sector: Distribution and health services

Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists

Type of Reservation: Market access

Description: Cross-Border Trade in Services