Canada - EU CETA (2016)
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Title

COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT (CETA) between Canada and the European Union and its Member States

Preamble

CANADA,

of the one part, and

THE EUROPEAN UNION,

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

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,

and

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, of the other part,

hereafter jointly referred to as the "Parties",

resolve to:

FURTHER strengthen their close economic relationship and build upon their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994, and other multilateral and bilateral instruments of cooperation;

CREATE an expanded and secure market for their goods and services through the reduction or elimination of barriers to trade and investment;

ESTABLISH clear, transparent, predictable and mutually-advantageous rules to govern their trade and investment; AND,

REAFFIRMING their strong attachment to democracy and to fundamental rights as laid down in The Universal Declaration of Human Rights, done at Paris on 10 December 1948, and sharing the view that the proliferation of weapons of mass destruction poses a major threat to international security;

RECOGNISING the importance of international security, democracy, human rights and the rule of law for the development of international trade and economic cooperation;

RECOGNISING that the provisions of this Agreement preserve the right of the Parties to regulate within their territories and the Parties' flexibility to achieve legitimate policy objectives, such as public health, safety, environment, public morals and the promotion and protection of cultural diversity;

AFFIRMING their commitments as parties to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, done at Paris on 20 October 2005, and recognising that states have the right to preserve, develop and implement their cultural policies, to support their cultural industries for the purpose of strengthening the diversity of cultural expressions, and to preserve their cultural identity, including through the use of regulatory measures and financial support;

RECOGNISING that the provisions of this Agreement protect investments and investors with respect to their investments, and are intended to stimulate mutually-beneficial business activity, without undermining the right of the Parties to regulate in the public interest within their territories;

REAFFIRMING their commitment to promote sustainable development and the development of international trade in such a way as to contribute to sustainable development in its economic, social and environmental dimensions;

ENCOURAGING enterprises operating within their territory or subject to their jurisdiction to respect internationally recognised guidelines and principles of corporate social responsibility, including the OECD Guidelines for Multinational Enterprises, and to pursue best practices of responsible business conduct;

IMPLEMENTING this Agreement in a manner consistent with the enforcement of their respective labour and environmen- tal laws and that enhances their levels of labour and environmental protection, and building upon their international commitments on labour and environmental matters;

RECOGNISING the strong link between innovation and trade, and the importance of innovation to future economic growth, and affirming their commitment to encourage the expansion of cooperation in the area of innovation, as well as the related areas of research and development and science and technology, and to promote the involvement of relevant public and private sector entities;

HAVE AGREED AS FOLLOWS:

Body

Chapter ONE. General Definitions and Initial Provisions

Section A. General Definitions

Article 1.1. Definitions of General Application

For the purposes of this Agreement and unless otherwise specified:

administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:

(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or

(b) a ruling that adjudicates with respect to a particular act or practice; Agreement on Agriculture means the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement; agricultural good means a product listed in Annex 1 to the Agreement on Agriculture;

Anti-dumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

CETA contact points means the contact points established under Article 26.5 (CETA contact points); CETA Joint Committee means the CETA Joint Committee established under Article 26.1 (The CETA Joint Committee);

CPC means the provisional Central Product Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC prov, 1991;

cultural industries means persons engaged in:

(a) the publication, distribution or sale of books, magazines, periodicals or newspapers in print or machine-readable form, except when printing or typesetting any of the foregoing is the only activity;

(b) the production, distribution, sale or exhibition of film or video recordings; (c) the production, distribution, sale or exhibition of audio or video music recordings; (d) the publication, distribution or sale of music in print or machine-readable form; or

(e) radio-communications in which the transmissions are intended for direct reception by the general public, and all radio, television and cable broadcasting undertakings and all satellite programming and broadcast network services;

customs duty means a duty or charge of any kind imposed on or in connection with the importation of a good, including a form of surtax or surcharge imposed on or in connection with that importation, but does not include:

(a) a charge equivalent to an internal tax imposed consistently with Article 2.3 (National treatment);

(b) a measure applied in accordance with the provisions of Articles VI or XIX of the GATT 1994, the Anti-dumping Agreement, the SCM Agreement, the Safeguards Agreement, or Article 22 of the DSU; or

(c) a fee or other charge imposed consistently with Article VIII of the GATT 1994;

Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

days means calendar days, including weekends and holidays;

DSU means the Understanding on Rules and Procedures Governing the Settlement of Disputes, contained in Annex 2 to the WTO Agreement;

enterprise means an entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including a corporation, trust, partnership, sole proprietorship, joint venture or other association;

existing means in effect on the date of entry into force of this Agreement;

GATS means the General Agreement on Trade in Services, contained in Annex 1B to the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

goods of a Party means domestic products as these are understood in the GATT 1994 or such goods as the Parties may decide, and includes originating goods of that Party;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes and subheading notes;

heading means a four-digit number or the first four digits of a number used in the nomenclature of the HS;

measure includes a law, regulation, rule, procedure, decision, administrative action, requirement, practice or any other form of measure by a Party;

national means a natural person who is a citizen as defined in Article 1.2, or is a permanent resident of a Party; originating means qualifying under the rules of origin set out in the Protocol on Rules of Origin and Origin Procedures; Parties means, on the one hand, the European Union or its Member States or the European Union and its Member States within their respective areas of competence as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as the "EU Party"), and on the other hand, Canada;

person means a natural person or an enterprise;

person of a Party means a national or an enterprise of a Party;

preferential tariff treatment means the application of the duty rate under this Agreement to an originating good pursuant to the tariff elimination schedule;

Safeguards Agreement means the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement; sanitary or phytosanitary measure means a measure referred to in Annex A, paragraph 1 of the SPS Agreement;

SCM Agreement means the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement;

service supplier means a person that supplies or seeks to supply a service; Pp PP! pply

SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement;

state enterprise means an enterprise that is owned or controlled by a Party;

subheading means a six-digit number or the first six digits of a number used in the nomenclature of the HS;

tariff classification means the classification of a good or material under a chapter, heading or subheading of the HS; tariff elimination schedule means Annex 2-A (Cariff elimination);

TBT Agreement means the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement;

territory means the territory where this Agreement applies as set out under Article 1.3;

third country means a country or territory outside the geographic scope of application of this Agreement;

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement;

Vienna Convention on the Law of Treaties means the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969;

WTO means the World Trade Organization; and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994.

Article 1.2. Party-specific Definitions

For the Purposes of this Agreement, unless otherwise specified:

citizen means:

(a) for Canada, a natural person who is a citizen of Canada under Canadian legislation;

(b) for the EU Party, a natural person holding the nationality of a Member State; and central government means:

(a) for Canada, the Government of Canada; and

(b) for the EU Party, the European Union or the national governments of its Member States;

Article 1.3. Geographical Scope of Application

Unless otherwise specified, this Agreement applies:

(a) for Canada, to:

(i) the land territory, air space, internal waters, and territorial sea of Canada;

(ii) the exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982 (UNCLOS); and,

(iii) the continental shelf of Canada, as determined by its domestic law, consistent with Part VI of UNCLOS;

(b) for the European Union, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied and under the conditions laid down in those Treaties. As regards the provisions concerning the tariff treatment of goods, this Agreement shall also apply to the areas of the European Union customs territory not covered by the first sentence of this subparagraph.

Section B. Initial Provisions

Article 1.4. Establishment of a Free Trade Area

The Parties hereby establish a free trade area in conformity with Article XXIV of GATT 1994 and Article V of the GATS.

Article 1.5. Relation to the WTO Agreement and other Agreements

The Parties affirm their rights and obligations with respect to each other under the WTO Agreement and other agreements to which they are party.

Article 1.6. Reference to other Agreements

When this Agreement refers to or incorporates by reference other agreements or legal instruments in whole or in part, those references include:

(a) related annexes, protocols, footnotes, interpretative notes and explanatory notes; and

(b) successor agreements to which the Parties are party or amendments that are binding on the Parties, except where the reference affirms existing rights.

Article 1.7. Reference to Laws

When this Agreement refers to laws, either generally or by reference to a specific statute, regulation or directive, the reference is to the laws, as they may be amended, unless otherwise indicated.

Article 1.8. Extent of Obligations

1. Each Party is fully responsible for the observance of all provisions of this Agreement.

2. Each Party shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement, including their observance at all levels of government.

Article 1.9. Rights and Obligations Relating to Water

1. The Parties recognise that water in its natural state, including water in lakes, rivers, reservoirs, aquifers and water basins, is not a good or a product. Therefore, only Chapters Twenty-Two (Trade and Sustainable Development) and Twenty-Four (Trade and Environment) apply to such water.

2. Each Party has the right to protect and preserve its natural water resources. Nothing in this Agreement obliges a Party to permit the commercial use of water for any purpose, including its withdrawal, extraction or diversion for export in bulk.

3. If a Party permits the commercial use of a specific water source, it shall do so in a manner consistent with this Agreement.

Article 1.10. Persons Exercising Delegated Governmental Authority

Unless otherwise specified in this Agreement, each Party shall ensure that a person that has been delegated regulatory, administrative or other governmental authority by a Party, at any level of government, acts in accordance with the Party's obligations as set out under this Agreement in the exercise of that authority.

Chapter TWO. National Treatment and Market Access for Goods

Article 2.1. Objective

The Parties shall progressively liberalise trade in goods in accordance with the provisions of this Agreement over a transitional period starting from the entry into force of this Agreement.

Article 2.2. Scope

This Chapter applies to trade in goods of a Party, as defined in Chapter 1 (General Definitions and Initial Provisions), except as otherwise provided in this Agreement.

Article 2.3. National Treatment

1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994. To this end Article III of the GATT 1994 is incorporated into and made part of this Agreement.

2. Paragraph 1 means, with respect to a government in Canada other than at the federal level, or a government of or in a Member State of the European Union, treatment no less favourable than that accorded by that government to like, directly competitive or substitutable goods of Canada or the Member State, respectively.

3. This Article does not apply to a measure, including a measure's continuation, prompt renewal or amendment, in respect of Canadian excise duties on absolute alcohol, as listed under tariff item 2207 10 90 in Canada's Schedule of Concessions (Schedule V) annexed to the Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994, done on 15 April 1994 (the "Marrakesh Protocol"), used in manufacturing under provisions of the Excise Act, 2001, S.C. 2002, c. 22.

Article 2.4. Reduction and Elimination of Customs Duties on Imports

1. Each Party shall reduce or eliminate customs duties on goods originating in either Party in accordance with the tariff elimination schedules in Annex 2-A. For the purposes of this Chapter, "originating" means originating in either Party under the rules of origin set out in the Protocol on rules of origin and origin procedures.

2. For each good, the base rate of customs duties to which the successive reductions under paragraph 1 are to be applied shall be that specified in Annex 2-A.

3. For goods that are subject to tariff preferences as listed in a Party's tariff elimination schedule in Annex 2-A, each Party shall apply to originating goods of the other Party the lesser of the customs duties resulting from a comparison between the rate calculated in accordance with that Party's Schedule and its applied Most-Favoured-Nation ("MFN") rate.

4. On the request of a Party, the Parties may consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between the Parties. A decision of the CETA Joint Committee on the acceleration or elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to the Parties' Schedules in Annex 2-A for that good when approved by each Party in accordance with its applicable legal procedures.

Article 2.5. Restriction on Duty Drawback, Duty Deferral and Duty Suspension Programs

1. Subject to paragraphs 2 and 3, a Party shall not refund, defer or suspend a customs duty paid or payable on a non-originating good imported into its territory on the express condition that the good, or an identical, equivalent or similar substitute, is used as a material in the production of another good that is subsequently exported to the territory of the other Party under preferential tariff treatment pursuant to this Agreement.

2. Paragraph 1 does not apply to a Party's regime of tariff reduction, suspension or remission, either permanent or temporary, if the reduction, suspension or remission is not expressly conditioned on the exportation of a good.

3. Paragraph 1 does not apply until three years after the date of entry into force of this Agreement.

Page 1 Next page
  • Chapter   ONE General Definitions and Initial Provisions 1
  • Section   A General Definitions 1
  • Article   1.1 Definitions of General Application 1
  • Article   1.2 Party-specific Definitions 1
  • Article   1.3 Geographical Scope of Application 1
  • Section   B Initial Provisions 1
  • Article   1.4 Establishment of a Free Trade Area 1
  • Article   1.5 Relation to the WTO Agreement and other Agreements 1
  • Article   1.6 Reference to other Agreements 1
  • Article   1.7 Reference to Laws 1
  • Article   1.8 Extent of Obligations 1
  • Article   1.9 Rights and Obligations Relating to Water 1
  • Article   1.10 Persons Exercising Delegated Governmental Authority 1
  • Chapter   TWO National Treatment and Market Access for Goods 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Reduction and Elimination of Customs Duties on Imports 1
  • Article   2.5 Restriction on Duty Drawback, Duty Deferral and Duty Suspension Programs 1
  • Article   2.6 Duties, Taxes or other Fees and Charges on Exports 2
  • Article   2.7 Standstill 2
  • Article   2.8 Temporary Suspension of Preferential Tariff Treatment 2
  • Article   2.9 Fees and other Charges 2
  • Article   2.10 Goods Re-entered after Repair or Alteration 2
  • Article   2.11 Import and Export Restrictions 2
  • Article   2.12 Other Provisions Related to Trade In Goods 2
  • Article   2.13 Committee on Trade In Goods 2
  • Chapter   THREE Trade Remedies 2
  • Section   A Anti-dumping and Countervailing Measures 2
  • Article   3.1 General Provisions Concerning Anti-dumping and Countervailing Measures 2
  • Article   3.2 Transparency 2
  • Article   3.3 Consideration of Public Interest and Lesser Duty 2
  • Section   B Global Safeguard Measures 2
  • Article   3.4 General Provisions Concerning Global Safeguard Measures 2
  • Article   3.5 Transparency 2
  • Article   3.6 Imposition of Definitive Measures 2
  • Section   C General Provisions 2
  • Article   3.7 Exclusion from Dispute Settlement 2
  • Chapter   FOUR Technical Barriers to Trade 2
  • Article   4.1 Scope and Definitions 2
  • Article   4.2 Incorporation of the TBT Agreement 2
  • Article   4.3 Cooperation 2
  • Article   4.4 Technical Regulations 2
  • Article   4.5 Conformity Assessment 2
  • Article   4.6 Transparency 2
  • Article   4.7 Management of the Chapter 2
  • Chapter   FIVE Sanitary and Phytosanitary Measures 2
  • Article   5.1 Definitions 2
  • Article   5.2 Objectives 2
  • Article   5.3 Scope 3
  • Article   5.4 Rights and Obligations 3
  • Article   5.5 Adaptation to Regional Conditions 3
  • Article   5.6 Equivalence 3
  • Article   5.7 Trade Conditions 3
  • Article   5.8 Audit and Verification 3
  • Article   5.9 Export Certification 3
  • Article   5.10 Import Checks and Fees 3
  • Article   5.11 Notification and Information Exchange 3
  • Article   5.12 Technical Consultations 3
  • Article   5.13 Emergency SPS Measures 3
  • Article   5.14 Joint Management Committee for Sanitary and Phytosanitary Measures 3
  • Chapter   SIX Customs and Trade Facilitation 3
  • Article   6.1 Objectives and Principles 3
  • Article   6.2 Transparency 3
  • Article   6.3 Release of Goods 3
  • Article   6.4 Customs Valuation 3
  • Article   6.5 Classification of Goods 3
  • Article   6.6 Fees and Charges 3
  • Article   6.7 Risk Management 3
  • Article   6.8 Automation 3
  • Article   6.9 Advance Rulings 3
  • Article   6.10 Review and Appeal 3
  • Article   6.11 Penalties 3
  • Article   6.12 Confidentiality 3
  • Article   6.13 Cooperation 3
  • Article   6.14 Joint Customs Cooperation Committee 4
  • Chapter   SEVEN Subsidies 4
  • Article   7.1 Definition of a Subsidy 4
  • Article   7.2 Transparency 4
  • Article   7.3 Consultations on Subsidies and Government Support In Sectors other Than Agriculture and Fisheries 4
  • Article   7.4 Consultations on Subsidies Related to Agricultural Goods and Fisheries Products 4
  • Article   7.5 Agriculture Export Subsidies 4
  • Article   7.6 Confidentiality 4
  • Article   7.7 Exclusion of Subsidies and Government Support for Audio-visual Services and Cultural Industries 4
  • Article   7.8 Relationship with the WTO Agreement 4
  • Article   7.9 Dispute Settlement 4
  • Chapter   EIGHT Investment 4
  • Section   A Definitions and Scope 4
  • Article   8.1 Definitions 4
  • Article   8.2 Scope 4
  • Article   8.3 Relation to other Chapters 4
  • Section   B Establishment of Investments 4
  • Article   8.4 Market Access 4
  • Article   8.5 Performance Requirements 4
  • Section   C Non-discriminatory Treatment 5
  • Article   8.6 National Treatment 5
  • Article   8.7 Most-favoured-nation Treatment 5
  • Article   8.8 Senior Management and Boards of Directors 5
  • Section   D Investment Protection 5
  • Article   8.9 Investment and Regulatory Measures 5
  • Article   8.10 Treatment of Investors and of Covered Investments 5
  • Article   8.11 Compensation for Losses 5
  • Article   8.12 Expropriation 5
  • Article   8.13 Transfers 5
  • Article   8.14 Subrogation 5
  • Section   E Reservations and Exceptions 5
  • Article   8.15 Reservations and Exceptions 5
  • Article   8.16 Denial of Benefits 5
  • Article   8.17 Formal Requirements 5
  • Section   F Resolution of Investment Disputes between Investors and States 5
  • Article   8.18 Scope 5
  • Article   8.19 Consultations 5
  • Article   8.20 Mediation 5
  • Article   8.21 Determination of the Respondent for Disputes with the European Union or Its Member States 5
  • Article   8.22 Procedural and other Requirements for the Submission of a Claim to the Tribunal  6
  • Article   8.23 Submission of a Claim to the Tribunal 6
  • Article   8.24 Proceedings Under Another International Agreement 6
  • Article   8.25 Consent to the Settlement of the Dispute by the Tribunal 6
  • Article   8.26 Third Party Funding 6
  • Article   8.27 Constitution of the Tribunal        6
  • Article   8.28 Appellate Tribunal 6
  • Article   8.29 Establishment of a Multilateral Investment Tribunal and Appellate Mechanism 6
  • Article   8.30 Ethics 6
  • Article   8.31 Applicable Law and Interpretation 6
  • Article   8.32 Claims Manifestly without Legal Merit 6
  • Article   8.33 Claims Unfounded as a Matter of Law 6
  • Article   8.34 Interim Measures of Protection 6
  • Article   8.35 Discontinuance 6
  • Article   8.36 Transparency of Proceedings 6
  • Article   8.37 Information Sharing 6
  • Article   8.38 Non-disputing Party 6
  • Article   8.39 Final Award 6
  • Article   8.40 Indemnification or other Compensation 7
  • Article   8.41 Enforcement of Awards 7
  • Article   8.42 Role of the Parties 7
  • Article   8.43 Consolidation 7
  • Article   8.44 Committee on Services and Investment 7
  • Article   8.45 Exclusion 7
  • Chapter   NINE Cross-border Trade In Services 7
  • Article   9.1 Definitions 7
  • Article   9.2 Scope 7
  • Article   9.3 National Treatment 7
  • Article   9.4 Formal Requirements 7
  • Article   9.5 Most-favoured-nation Treatment 7
  • Article   9.6 Market Access 7
  • Article   9.7 Reservations 7
  • Article   9.8 Denial of Benefits 7
  • Chapter   TEN Temporary Entry and Stay of Natural Persons for Business Purposes 7
  • Article   10.1 Definitions 7
  • Article   10.2 Objectives and Scope 8
  • Article   10.3 General Obligations 8
  • Article   10.4 Provision of Information 8
  • Article   10.5 Contact Points 8
  • Article   10.6 Obligations In other Chapters 8
  • Article   10.7 Key Personnel 8
  • Article   10.8 Contractual Services Suppliers and Independent Professionals 8
  • Article   10.9 Short-term Business Visitors 8
  • Article   10.10 Review of Commitments 8
  • Chapter   ELEVEN Mutual Recognition of Professional Qualifications 8
  • Article   11.1 Definitions 8
  • Article   11.2 Objectives and Scope 8
  • Article   11.3 Negotiation of an MRA 8
  • Article   11.4 Recognition 8
  • Article   11.5 Joint Committee on Mutual Recognition of Professional Qualifications 8
  • Article   11.6 Guidelines for the Negotiation and Conclusion of MRAs 8
  • Article   11.7 Contact Points 8
  • Chapter   TWELVE Domestic Regulation 8
  • Article   12.1 Definitions 8
  • Article   12.2 Scope 8
  • Article   12.3 Licensing and Qualification Requirements and Procedures 9
  • Chapter   THIRTEEN Financial Services 9
  • Article   13.1 Definitions 9
  • Article   13.2 Scope 9
  • Article   13.3 National Treatment 9
  • Article   13.4 Most-favoured-nation Treatment 9
  • Article   13.5 Recognition of Prudential Measures 9
  • Article   13.6 Market Access 9
  • Article   13.7 Cross-border Supply of Financial Services 9
  • Article   13.8 Senior Management and Boards of Directors 9
  • Article   13.9 Performance Requirements 9
  • Article   13.10 Reservations and Exceptions 9
  • Article   13.11 Effective and Transparent Regulation 10
  • Article   13.12 Self-regulatory Organisations 10
  • Article   13.13 Payment and Clearing Systems 10
  • Article   13.14 New Financial Services 10
  • Article   13.15 Transfer and Processing of Information 10
  • Article   13.16 Prudential Carve-out 10
  • Article   13.17 Specific Exceptions 10
  • Article   13.18 Financial Services Committee 10
  • Article   13.19 Consultations 10
  • Article   13.20 Dispute Settlement 10
  • Article   13.21 Investment Disputes In Financial Services 10
  • Chapter   FOURTEEN International Maritime Transport Services 10
  • Article   14.1 Definitions 10
  • Article   14.2 Scope 10
  • Article   14.3 Obligations 10
  • Article   14.4 Reservations 10
  • Chapter   FIFTEEN Telecommunications 10
  • Article   15.1 Definitions 10
  • Article   15.2 Scope 10
  • Article   15.3 Access to and Use of Public Telecommunications Transport Networks or Services 10
  • Article   15.4 Competitive Safeguards on Major Suppliers 11
  • Article   15.5 Access to Essential Facilities 11
  • Article   15.6 Interconnection 11
  • Article   15.8 Universal Service 11
  • Article   15.9 Scarce Resources 11
  • Article   15.12 Resolution of Telecommunication Disputes 11
  • Article   15.13 Transparency 11
  • Article   15.14 Forbearance 11
  • Article   15.15 Relation to other Chapters 11
  • Chapter   SIXTEEN Electronic Commerce 11
  • Article   16.1 Definitions 11
  • Article   16.2 Objective and Scope 11
  • Article   16.3 Customs Duties on Electronic Deliveries 11
  • Article   16.4 Trust and Confidence In Electronic Commerce 11
  • Article   16.5 General Provisions 11
  • Article   16.6 Dialogue on Electronic Commerce 11
  • Article   16.7 Relation to other Chapters 11
  • Chapter   SEVENTEEN Competition Policy 11
  • Article   17.1 Definitions 11
  • Article   17.2 Competition Policy 11
  • Article   17.3 Application of Competition Policy to Enterprises 11
  • Article   17.4 Dispute Settlement 11
  • Chapter   EIGHTEEN State Enterprises, Monopolies, and Enterprises Granted Special Rights or Privileges 11
  • Article   18.1 Definitions 11
  • Article   18.2 Scope 11
  • Article   18.3 State Enterprises, Monopolies and Enterprises Granted Special Rights or Privileges 11
  • Article   18.4 Non-discriminatory Treatment 11
  • Article   18.5 Commercial Considerations 11
  • Chapter   NINETEEN Government Procurement 11
  • Article   19.1 Definitions 11
  • Article   19.2 Scope and Coverage 12
  • Article   19.3 Security and General Exceptions 12
  • Article   19.4 General Principles 12
  • Article   19.5 Information on the Procurement System 12
  • Article   19.7 Conditions for Participation 12
  • Article   19.8 Qualification of Suppliers 12
  • Article   19.9 Technical Specifications and Tender Documentation 13
  • Article   19.10 Time-periods 13
  • Article   19.11 Negotiation  13
  • Article   19.12 Limited Tendering 13
  • Article   19.13 Electronic Auctions 13
  • Article   19.14 Treatment of Tenders and Awarding of Contracts 13
  • Article   19.15 Transparency of Procurement Information 13
  • Article   19.16 Disclosure of Information 14
  • Article   19.17 Domestic Review Procedures 14
  • Article   19.18 Modifications and Rectifications to Coverage 14
  • Article   19.19 Committee on Government Procurement 14
  • Chapter   TWENTY Intellectual Property 14
  • Section   A General Provisions 14
  • Article   20.1 Objectives 14
  • Article   20.2 Nature and Scope of Obligations 14
  • Article   20.3 Public Health Concerns 14
  • Article   20.4 Exhaustion 14
  • Article   20.5 Disclosure of Information 14
  • Section   B Standards Concerning Intellectual Property Rights 14
  • Article   20.6 Definition 14
  • Subsection   A Copyright and Related Rights 14
  • Article   20.7 Protection Granted 14
  • Article   20.8 Broadcasting and Communication to the Public 14
  • Article   20.9 Protection of Technological Measures 14
  • Article   20.10 Protection of Rights Management Information. 14
  • Article   20.11 Liability of Intermediary Service Providers 14
  • Article   20.12 Camcording 14
  • Subsection   B Trademarks 14
  • Article   20.13 International Agreements 14
  • Article   20.14 Registration Procedure 14
  • Article   20.15 Exceptions to the Rights Conferred by a Trademark 14
  • Subsection   C Geographical Indications 14
  • Article   20.16 Definitions 15
  • Article   20.17 Scope 15
  • Article   20.18 Listed Geographical Indications 15
  • Article   20.19 Protection for Geographical Indications Listed In Annex 20-a 15
  • Article   20.20 Homonymous Geographical Indications 15
  • Article   20.21 Exceptions 15
  • Article   20.22 Amendments to Annex 20-a 15
  • Article   20.23 Other Protection 15
  • Subsection   E Patents 15
  • Article   20.26 International Agreements 15
  • Article   20.27 Sui Generis Protection for Pharmaceuticals 15
  • Article   20.28 Patent Linkage Mechanisms Relating to Pharmaceutical Products 15
  • Subsection   F Data Protection 15
  • Article   20.29 Protection of Undisclosed Data Related to Pharmaceutical Products 15
  • Article   20.30 Protection of Data Related to Plant Protection Products 15
  • Subsection   G Plant Varieties 15
  • Article   20.31 Plant Varieties 15
  • Section   C Enforcement of Intellectual Property Rights 15
  • Article   20.32 General Obligations 15
  • Article   20.33 Entitled Applicants 15
  • Article   20.34 Evidence 15
  • Article   20.35 Measures for Preserving Evidence 15
  • Article   20.36 Right of Information 15
  • Article   20.37 Provisional and Precautionary Measures 15
  • Article   20.38 Other Remedies 15
  • Article   20.39 Injunctions 15
  • Article   20.40 Damages  15
  • Article   20.41 Legal Costs 15
  • Article   20.42 Presumption of Authorship or Ownership 15
  • Section   D Border Measures 15
  • Article   20.43 Scope of Border Measures 15
  • Article   20.44 Application by the Right Holder 16
  • Article   20.45 Provision of Information from the Right Holder 16
  • Article   20.46 Security or Equivalent Assurance 16
  • Article   20.47 Determination as to Infringement 16
  • Article   20.48 Remedies 16
  • Article   20.49 Specific Cooperation In the Area of Border Measures 16
  • Section   E Co-operation 16
  • Article   20.50 Co-operation 16
  • Chapter   TWENTY-ONE Regulatory Cooperation 16
  • Article   21.1 Scope 16
  • Article   21.2 Principles 16
  • Article   21.3 Objectives of Regulatory Cooperation 16
  • Article   21.4 Regulatory Cooperation Activities 16
  • Article   21.5 Compatibility of Regulatory Measures 16
  • Article   21.6 The Regulatory Cooperation Forum 16
  • Article   21.7 Further Cooperation between the Parties 16
  • Article   21.8 Consultations with Private Entities 16
  • Article   21.9 Contact Points 16
  • Chapter   TWENTY-TWO Trade and Sustainable Development 16
  • Article   22.1 Context and Objectives 16
  • Article   22.2 Transparency 17
  • Article   22.3 Cooperation and Promotion of Trade Supporting Sustainable Development 17
  • Article   22.4 Institutional Mechanisms 17
  • Article   22.5 Civil Society Forum 17
  • Chapter   TWENTY-THREE Trade and Labour 17
  • Article   23.1 Context and Objectives 17
  • Article   23.2 Right to Regulate and Levels of Protection 17
  • Article   23.3 Multilateral Labour Standards and Agreements 17
  • Article   23.4 Upholding Levels of Protection 17
  • Article   23.5 Enforcement Procedures, Administrative Proceedings and Review of Administrative Action 17
  • Article   23.6 Public Information and Awareness 17
  • Article   23.7 Cooperative Activities 17
  • Article   23.8 Institutional Mechanisms 17
  • Article   23.9 Consultations 17
  • Article   23.10 Panel of Experts 17
  • Article   23.11 Dispute Resolution 17
  • Chapter   TWENTY-FOUR Trade and Environment 17
  • Article   24.1 Definition 17
  • Article   24.2 Context and Objectives 17
  • Article   24.3 Right to Regulate and Levels of Protection 17
  • Article   24.4 Multilateral Environmental Agreements 17
  • Article   24.5 Upholding Levels of Protection 17
  • Article   24.6 Access to Remedies and Procedural Guarantees 17
  • Article   24.7 Public Information and Awareness 17
  • Article   24.8 Scientific and Technical Information 18
  • Article   24.9 Trade Favouring Environmental Protection 18
  • Article   24.10 Trade In Forest Products 18
  • Article   24.11 Trade In Fisheries and Aquaculture Products 18
  • Article   24.12 Cooperation on Environment Issues 18
  • Article   24.13 Institutional Mechanisms 18
  • Article   24.14 Consultations 18
  • Article   24.15 Panel of Experts 18
  • Article   24.16 Dispute Resolution 18
  • Chapter   TWENTY-FIVE Bilateral Dialogues and Cooperation 18
  • Article   25.1 Objectives and Principles 18
  • Article   25.2 Dialogue on Biotech Market Access Issues 18
  • Article   25.3 Bilateral Dialogue on Forest Products 18
  • Article   25.4 Bilateral Dialogue on Raw Materials 18
  • Article   25.5 Enhanced Cooperation on Science, Technology, Research and Innovation 18
  • Chapter   TWENTY-SIX Administrative and Institutional Provisions 18
  • Article   26.1 CETA Joint Committee 18
  • Article   26.2 Specialised Committees 18
  • Article   26.3 Decision Making 19
  • Article   26.4 Information Sharing 19
  • Article   26.5 CETA Contact Points 19
  • Article   26.6 Meetings 19
  • Chapter   TWENTY-SEVEN Transparency 19
  • Article   27.1 Publication 19
  • Article   27.2 Provision of Information 19
  • Article   27.3 Administrative Proceedings 19
  • Article   27.4 Review and Appeal 19
  • Article   27.5 Cooperation on Promoting Increased Transparency 19
  • Chapter   TWENTY-EIGHT Exceptions 19
  • Article   28.1 Definitions 19
  • Article   28.2 Party-specific Definitions 19
  • Article   28.3 General Exceptions 19
  • Article   28.4 Temporary Safeguard Measures with Regard to Capital Movements and Payments 19
  • Article   28.5 Restrictions In Case of Serious Balance of Payments and External Financial Difficulties 19
  • Article   28.6 National Security 19
  • Article   28.7 Taxation 19
  • Article   28.8 Disclosure of Information 19
  • Article   28.9 Exceptions Applicable to Culture 19
  • Article   28.10 WTO Waivers 19
  • Chapter   TWENTY-NINE Dispute Settlement 19
  • Section   A Initial Provisions 19
  • Article   29.1 Cooperation 19
  • Article   29.2 Scope 19
  • Article   29.3 Choice of Forum 19
  • Section   B Consultations and Mediation 20
  • Article   29.4 Consultations 20
  • Article   29.5 Mediation 20
  • Section   C Dispute Settlement Procedures and Compliance 20
  • Subsection   A Dispute Settlement Procedures 20
  • Article   29.6 Request for the Establishment of an Arbitration Panel 20
  • Article   29.7 Composition of the Arbitration Panel 20
  • Article   29.8 List of Arbitrators 20
  • Article   29.9 Interim Panel Report 20
  • Article   29.10 Final Panel Report 20
  • Article   29.11 Urgent Proceedings 20
  • Subsection   B Compliance 20
  • Article   29.12 Compliance with the Final Panel Report 20
  • Article   29.13 Reasonable Period of Time for Compliance 20
  • Article   29.14 Temporary Remedies In Case of Non-compliance. 20
  • Article   29.15 Review of Measures Taken to Comply after the Suspension of Obligations 20
  • Section   D General Provisions 20
  • Article   29.16 Rules of Procedure 20
  • Article   29.17 General Rule of Interpretation 20
  • Article   29.18 Rulings of the Arbitration Panel 20
  • Article   29.19 Mutually Agreed Solutions 20
  • Chapter   THIRTY Final Provisions 20
  • Article   30.1 Integral Parts of this Agreement 20
  • Article   30.2 Amendments 20
  • Article   30.3 Preference Utilisation 20
  • Article   30.4 Current Account 20
  • Article   30.5 Movement of Capital 20
  • Article   30.6 Private Rights 20
  • Article   30.8 Termination, Suspension or Incorporation of other Existing Agreements 20
  • Article   30.9 Termination 20
  • Article   30.10 Accession of New Member States of the European Union 20
  • Article   30.11 Authentic Texts 20
  • ANNEX 8-A  EXPROPRIATION 21
  • ANNEX 8-B  PUBLIC DEBT 21
  • ANNEX 8-C  EXCLUSIONS FROM DISPUTE SETTLEMENT 21
  • ANNEX 8-D  JOINT DECLARATION CONCERNING ARTICLE 8.12.6 21
  • ANNEX 8-E  JOINT DECLARATION ON ARTICLES 8.16, 9.8, AND 28.6 21
  • ANNEX 8-F  DECLARATION BY CANADA ON THE INVESTMENT CANADA ACT 21
  • ANNEX 29-A  RULES OF PROCEDURE FOR ARBITRATION 21
  • ANNEX 29-B  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 22
  • ANNEX 29-C  RULES OF PROCEDURE FOR MEDIATION 22
  • 1 Objective 22
  • Section   A Mediation Proceeding 22
  • 2 Initiation of the Proceeding 22
  • 3 Selection of the Mediator 22
  • 4 Rules of Procedure for Mediation 22
  • Section   B Implementation 22
  • 5 Implementation of a Mutually Agreed Solution 22
  • Section   C General Provisions 22
  • 6 Confidentiality and Relationship to Dispute Settlement 22
  • 7 Time Limits 22
  • 8 Costs 22
  • 9 Review 22
  • ANNEX 30-A  LIST OF BILATERAL INVESTMENT TREATIES BETWEEN CANADA AND MEMBER STATES OF THE EUROPEAN UNION 22
  • ANNEX I  Headnote 22
  • Schedule of Canada — Federal Reservations applicable in Canada (applicable in all Provinces and Territories) 22
  • Schedule of Canada — Provincial and Territorial Reservations applicable in Alberta 23
  • Reservations applicable in British Columbia 23
  • Reservations applicable in Manitoba 23
  • Reservations applicable in New Brunswick 23
  • Reservations applicable in Newfoundland and Labrador 23
  • Reservations applicable in the Northwest Territories 23
  • Reservations applicable in Nova Scotia 23
  • Reservations applicable in Nunavut 23
  • Reservations applicable in Ontario 23
  • Reservations applicable in Prince Edward Island 24
  • Reservations applicable in Québec 24
  • Reservations applicable in Saskatchewan 24
  • Reservations applicable in Yukon 24
  • EU Party Reservations applicable in the European Union (applicable in all Member States of the EU unless otherwise indicated) 24
  • Reservations applicable in Austria 24
  • Reservations applicable in Belgium 24
  • Reservations applicable in Bulgaria 24
  • Reservations applicable in Croatia 24
  • Reservations applicable in Cyprus 24
  • Reservations applicable in the Czech Republic 25
  • Reservations applicable in Denmark 25
  • Reservations applicable in Estonia 25
  • Reservations applicable in Finland 25
  • Reservations applicable in France 25
  • Reservations applicable in Germany 25
  • Reservations applicable in Greece 25
  • Reservations applicable in Hungary 25
  • Reservations applicable in Ireland 25
  • Reservations applicable in Italy 25
  • Reservations applicable in Latvia 25
  • Reservations applicable in Lithuania 25
  • Reservations applicable in Luxembourg 25
  • Reservations applicable in Malta 25
  • Reservations applicable in the Netherlands 26
  • Reservations applicable in Poland 26
  • Reservations applicable in Portugal 26
  • Reservations applicable in Romania 26
  • Reservations applicable in the Slovak Republic 26
  • Reservations applicable in Slovenia 26
  • Reservations applicable in Spain 26
  • Reservations applicable in Sweden 26
  • Reservations applicable in the United Kingdom 26
  • ANNEX II  Headnote Reservations for future measures 26
  • Schedule of Canada Reservations applicable in Canada (applicable in all Provinces and Territories) 26
  • Reservations applicable in Alberta 26
  • Reservations applicable in British Columbia 26
  • Reservations applicable in Manitoba 27
  • Reservations applicable in New Brunswick 27
  • Reservations applicable in Newfoundland and Labrador 27
  • Reservations applicable in the Northwest Territories 27
  • Reservations applicable in Nova Scotia 27
  • Reservations applicable in Nunavut 27
  • Reservations applicable in Ontario 27
  • Reservations applicable in Prince Edward Island 27
  • Reservations applicable in Québec 27
  • Reservations applicable in Saskatchewan 27
  • Reservations applicable in Yukon 27
  • EU Party Reservations applicable in the European Union (applicable in all Member States of the EU unless otherwise indicated) 27
  • Reservations applicable in Austria 27
  • Reservations applicable in Belgium 27
  • Reservations applicable in Bulgaria 27
  • Reservations applicable in Croatia 28
  • Reservations applicable in Cyprus 28
  • Reservations applicable in the Czech Republic 28
  • Reservations applicable in Denmark 28
  • Reservations applicable in Estonia 28
  • Reservations applicable in Finland 28
  • Reservations applicable in France 28
  • Reservations applicable in Germany 28
  • Reservations applicable in Greece 28
  • Reservations applicable in Hungary 28
  • Reservations applicable in Ireland 28
  • Reservations applicable in Italy 28
  • Reservations applicable in Latvia 28
  • Reservations applicable in Lithuania 28
  • Reservations applicable in Malta 28
  • Reservations applicable in the Netherlands 29
  • Reservations applicable in Poland 29
  • Reservations applicable in Portugal 29
  • Reservations applicable in Romania 29
  • Reservations applicable in the Slovak Republic 29
  • Reservations applicable in Slovenia 29
  • Reservations applicable in Spain 29
  • Reservations applicable in Sweden 29
  • Reservations applicable in the United Kingdom 29