Canada - EU CETA (2016)
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Article 2.6. Duties, Taxes or other Fees and Charges on Exports

A Party may not adopt or maintain any duties, taxes or other fees and charges imposed on, or in connection with, the export of a good to the other Party, or any internal taxes or fees and charges on a good exported to the other Party, that is in excess of those that would be imposed on those goods when destined for internal sale.

Article 2.7. Standstill

1. Upon the entry into force of this Agreement a Party may not increase a customs duty existing at entry into force, or adopt a new customs duty, on a good originating in the Parties.

2. Notwithstanding paragraph 1, a Party may:

(a) modify a tariff outside this Agreement on a good for which no tariff preference is claimed under this Agreement;

(b) increase a customs duty to the level established in its Schedule in Annex 2-A following a unilateral reduction; or

(c) maintain or increase a customs duty as authorised by this Agreement or any agreement under the WTO Agreement.

3. Notwithstanding paragraphs 1 and 2, only Canada may apply a special safeguard pursuant to Article 5 of the WTO Agreement on Agriculture. A special safeguard may only be applied with respect to goods classified in items with the notation "SSG" in Canada's Schedule included in Annex 2-A. The use of this special safeguard is limited to imports not subject to tariff preference and, in the case of imports subject to a tariff rate quota, to imports over the access commitment.

Article 2.8. Temporary Suspension of Preferential Tariff Treatment

1. A Party may temporarily suspend, in accordance with paragraphs 2 through 5, the preferential tariff treatment under this Agreement with respect to a good exported or produced by a person of the other Party if the Party:

(a) as a result of an investigation based on objective, compelling and verifiable information, makes a finding that the person of the other Party has committed systematic breaches of customs legislation in order to obtain preferential tariff treatment under this Agreement; or

(b) makes a finding that the other Party systematically and unjustifiably refuses to cooperate with respect to the investigation of breaches of customs legislation under Article 6.13.4 (Cooperation), and the Party requesting cooperation, based on objective, compelling and verifiable information, has reasonable grounds to conclude that the person of the other Party has committed systematic breaches of customs legislation in order to obtain preferential tariff treatment under this Agreement.

2. A Party that has made a finding referred to in paragraph 1 shall:

(a) notify the customs authority of the other Party and provide the information and evidence upon which the finding was based;

(b) engage in consultations with the authorities of the other Party with a view to achieving a mutually acceptable resolution that addresses the concerns that resulted in the finding; and

(c) provide written notice to that person of the other Party that includes the information that is the basis of the finding.

3. If the authorities have not achieved a mutually acceptable resolution after 30 days, the Party that has made the finding shall refer the issue to the Joint Customs Cooperation Committee.

4. If the Joint Customs Cooperation Committee has not resolved the issue after 60 days, the Party that has made the finding may temporarily suspend the preferential tariff treatment under this Agreement with respect to that good of that person of the other Party. The temporary suspension does not apply to a good that is already in transit between the Parties on the day that the temporary suspension comes into effect.

5. The Party applying the temporary suspension under paragraph 1 shall only apply it for a period commensurate with the impact on the financial interests of that Party resulting from the situation responsible for the finding made pursuant to paragraph 1, to a maximum of 90 days. If the Party has reasonable grounds based on objective, compelling and verifiable information that the conditions that gave rise to the initial suspension have not changed after the expiry of the 90 day period, that Party may renew the suspension for a further period of no longer than 90 days. The original suspension and any renewed suspensions are subject to periodic consultations within the Joint Customs Cooperation Committee.

Article 2.9. Fees and other Charges

1. In accordance with Article VIII of GATT 1994, a Party shall not adopt or maintain a fee or charge on or in connection with importation or exportation of a good of a Party that is not commensurate with the cost of services rendered or that represents an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.

2. For greater certainty, paragraph 1 does not prevent a Party from imposing a customs duty or a charge set out in paragraphs (a) through (c) of the definition of customs duty under Article 1.1 (Definitions of general application).

Article 2.10. Goods Re-entered after Repair or Alteration

1. For the purposes of this Article, repair or alteration means any processing operation undertaken on goods to remedy operating defects or material damage and entailing the re-establishment of goods to their original function or to ensure their compliance with technical requirements for their use, without which the goods could no longer be used in the normal way for the purposes for which they were intended. Repair or alteration of goods includes restoration and maintenance but does not include an operation or process that:

(a) destroys the essential characteristics of a good or creates a new or commercially different good;

(b) transforms an unfinished good into a finished good; or (c) is used to substantially change the function of a good.

2. Except as provided in footnote 1, a Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could be performed in the territory of the Party from which the good was exported for repair or alteration (1) (2).

3. Paragraph 2 does not apply to a good imported in bond, into free trade zones, or in similar status, that is then exported for repair and is not re-imported in bond, into free trade zones, or in similar status.

4. A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration (3).

(1) For the following goods of HS Chapter 89, regardless of their origin, that re-enter the territory of Canada from the territory of the European Union, and are registered under the Canada Shipping Act, 2001, Canada may apply to the value of repair or alteration of such goods, the rate of customs duty for such goods in accordance with its Schedule included in Annex 2-A (Tariff Elimination): 8901 10 10, 8901 10 90, 8901 30 00, 89019010, 8901 90 91, 8901 90 99, 8904 00 00, 8905 2019, 8905 20 20, 8905 90 19, 8905 90 90,8906 90 19, 8906 90 91, 8906 90 99.
(2) The European Union will implement this paragraph through the outward processing procedure in Regulation (EU) No 952/2013 in a manner consistent with this paragraph.
(3) The European Union will implement this paragraph through the inward processing procedure in Regulation (EU) No 952/2013 in a manner consistent with this paragraph.

Article 2.11. Import and Export Restrictions

1. Except as otherwise provided in this Agreement, a Party shall not adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994. To this end Article XI of the GATT 1994 is incorporated into and made a part of this Agreement.

2. If a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a third country of a good, that Party may:

(a) limit or prohibit the importation from the territory of the other Party of a good of that third country; or

(b) limit or prohibit the exportation of a good to that third country through the territory of the other Party.

3. Ifa Party adopts or maintains a prohibition or restriction on the importation of a good from a third country, the Parties, at the request of the other Party, shall enter into discussions with a view to avoiding undue interference with or distortion of pricing, marketing or distribution arrangements in the other Party.

4. This Article does not apply to a measure, including that measure's continuation, prompt renewal or amendment, in respect of the following:

(a) the export of logs of all species. If a Party ceases to require export permits for logs destined for a third country, that Party will permanently cease requiring export permits for logs destined for the other Party;

(b) for a period of three years following the entry into force of this Agreement, the export of unprocessed fish pursuant to Newfoundland and Labrador's applicable legislation;

(c) Canadian excise duties on absolute alcohol, as listed under tariff item 2207 10 90 in Canada's Schedule of Concessions annexed to the Marrakesh Protocol (Schedule V), used in manufacturing under the provisions of the Excise Act, 2001, S.C. 2002, c. 22; and

(d) the importation of used vehicles into Canada that do not conform to Canada's safety and environmental requirements.

Article 2.12. Other Provisions Related to Trade In Goods

Each Party shall endeavour to ensure that a good of the other Party that has been imported into and lawfully sold or offered for sale in any place in the territory of the importing Party may also be sold or offered for sale throughout the territory of the importing Party.

Article 2.13. Committee on Trade In Goods

1. The functions of the Committee on Trade in Goods established under Article 26.2.1 (a) (Specialised committees) include:

(a) promoting trade in goods between the Parties, including through consultations on accelerating tariff elimination under this Agreement and other issues as appropriate;

(b) recommending to the CETA Joint Committee a modification of or an addition to any provision of this Agreement related to the Harmonized System; and

(c) promptly addressing issues related to movement of goods through the Parties’ ports of entry.

2. The Committee on Trade in Goods may present to the CETA Joint Committee draft decisions on the acceleration or elimination of a customs duty on a good.

3. The Committee on Agriculture established under Article 26.2.1 (a) (Specialised committees) shall:

(a) meet within 90 days of a request by a Party;

(b) provide a forum for the Parties to discuss issues related to agricultural goods covered by this Agreement; and (c) refer to the Committee on Trade in Goods any unresolved issue under subparagraph (b).

4. The Parties note the cooperation and exchange of information on agriculture issues under the annual Canada- European Union Agriculture Dialogue, as established in letters exchanged on 14 July 2008. As appropriate, the Agriculture Dialogue may be used for the purpose of paragraph 3.

Chapter THREE. Trade Remedies

Section A. Anti-dumping and Countervailing Measures

Article 3.1. General Provisions Concerning Anti-dumping and Countervailing Measures

1. The Parties reaffirm their rights and obligations under Article VI of GATT 1994, the Anti-dumping Agreement and the SCM Agreement.

2. The Protocol on rules of origin and origin procedures shall not apply to antidumping and countervailing measures.

Article 3.2. Transparency

1. Each Party shall apply anti-dumping and countervailing measures in accordance with the relevant WTO requirements and pursuant to a fair and transparent process.

2. A Party shall ensure, after an imposition of provisional measures and, in any case, before a final determination is made, full and meaningful disclosure of all essential facts under consideration which form the basis for the decision whether to apply final measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement.

3. Provided it does not unnecessarily delay the conduct of the investigation, each interested party in an anti-dumping or countervailing investigation (1) shall be granted a full opportunity to defend its interests.

(1) For the purpose of this Article, interested parties are defined as per Article 6.11 of the Anti-Dumping Agreement and Article 12.9 of the SCM Agreement.

Article 3.3. Consideration of Public Interest and Lesser Duty

1. Each Party's authorities shall consider information provided in accordance with the Party's law as to whether imposing an anti-dumping or countervailing duty would not be in the public interest.

2. After considering the information referred to in paragraph 1, the Party’s authorities may consider whether the amount of the anti-dumping or countervailing duty to be imposed shall be the full margin of dumping or amount of subsidy or a lesser amount, in accordance with the Party's law.

Section B. Global Safeguard Measures

Article 3.4. General Provisions Concerning Global Safeguard Measures

1. The Parties reaffirm their rights and obligations concerning global safeguard measures under Article XIX of GATT 1994 and the Safeguards Agreement.

2. The Protocol on rules of origin and origin procedures shall not apply to global safeguard measures.

Article 3.5. Transparency

1. At the request of the exporting Party, the Party initiating a safeguard investigation or intending to adopt provisional or definitive global safeguard measures shall immediately provide:

(a) the information referred to in Article 12.2 of the Safeguards Agreement, in the format prescribed by the WTO Committee on Safeguards;

(b) the public version of the complaint filed by the domestic industry, where relevant; and (c) a public report setting forth the findings and reasoned conclusions on all pertinent issues of fact and law considered in the safeguard investigation. The public report shall include an analysis that attributes injury to the factors causing

it and set out the method used in defining the global safeguard measures.

2. When information is provided under this Article, the importing Party shall offer to hold consultations with the exporting Party in order to review the information provided.

Article 3.6. Imposition of Definitive Measures

1. A Party adopting global safeguard measures shall endeavour to impose them in a way that least affects bilateral trade.

2. The importing Party shall offer to hold consultations with the exporting Party in order to review the matter referred to in paragraph 1. The importing Party shall not adopt measures until 30 days have elapsed since the date the offer to hold consultations was made.

Section C. General Provisions

Article 3.7. Exclusion from Dispute Settlement

This Chapter is not subject to Chapter Twenty-Nine (Dispute Settlement).

Chapter FOUR. Technical Barriers to Trade

Article 4.1. Scope and Definitions

1. This Chapter applies to the preparation, adoption, and application of technical regulations, standards, and conformity assessment procedures that may affect trade in goods between the Parties.

2. This Chapter does not apply to:

(a) purchasing specifications prepared by a governmental body for production or consumption requirements of governmental bodies; or

(b) a sanitary or phytosanitary measure as defined in Annex A of the SPS Agreement.

3. Except where this Agreement, including the incorporated provisions of the TBT Agreement pursuant to Article 4.2, defines or gives a meaning to a term, the general terms for standardisation and conformity assessment procedures shall normally have the meaning given to them by the definition adopted within the United Nations system and by international standardising bodies taking into account their context and in the light of the object and purpose of this Chapter.

4. References in this Chapter to technical regulations, standards, and conformity assessment procedures include amendments thereto, and additions to the rules or the product coverage thereof, except amendments and additions of an insignificant nature.

5. Article 1.8.2 (Extent of obligations) does not apply to Articles 3, 4, 7, 8 and 9 of the TBT Agreement, as incorporated into this Agreement.

Article 4.2. Incorporation of the TBT Agreement

1. The following provisions of the TBT Agreement are hereby incorporated into and made part of this Agreement:

(a) Article 2 (Preparation, Adoption and Application of Technical Regulations by Central Government Bodies);

(b) Article 3 (Preparation, Adoption and Application of Technical Regulations by Local Government Bodies and Non- Governmental Bodies);

(c) Article 4 (Preparation, Adoption and Application of Standards);

(d) Article 5 (Procedures for Assessment of Conformity by Central Government Bodies);

(e) Article 6 (Recognition of Conformity Assessment by Central Government Bodies), without limiting a Party's rights or obligations under the Protocol on the Mutual Acceptance of the Results of Conformity Assessment, and the Protocol on the Mutual Recognition of the Compliance and Enforcement Programme Regarding Good Manufacturing Practices for Pharmaceutical Products;

(f) Article 7 (Procedures for Assessment of Conformity by Local Government Bodies);

(g) Article 8 (Procedures for Assessment of Conformity by Non-Governmental Bodies);

(h) Article 9 (International and Regional Systems);

(i) Annex 1 (Terms and their Definitions for the Purpose of this Agreement); and

(j) Annex 3 (Code of Good Practice for the Preparation, Adoption and Application of Standards).

2. The term "Members" in the incorporated provisions shall have the same meaning in this Agreement as it has in the TBT Agreement.

3. With respect to Articles 3, 4, 7, 8 and 9 of the TBT Agreement, Chapter Twenty-Nine (Dispute Settlement) can be invoked in cases where a Party considers that the other Party has not achieved satisfactory results under these Articles and its trade interests are significantly affected. In this respect, such results shall be equivalent to those as if the body in question were a Party.

Article 4.3. Cooperation

The Parties shall strengthen their cooperation in the areas of technical regulations, standards, metrology, conformity assessment procedures, market surveillance or monitoring and enforcement activities in order to facilitate trade between the Parties, as set out in Chapter Twenty-One (Regulatory Cooperation). This may include promoting and encouraging cooperation between the Parties' respective public or private organisations responsible for metrology, standardisation, testing, certification and accreditation, market surveillance or monitoring and enforcement activities; and, in particular, encouraging their accreditation and conformity assessment bodies to participate in cooperation arrangements that promote the acceptance of conformity assessment results.

Article 4.4. Technical Regulations

1. The Parties undertake to cooperate to the extent possible, to ensure that their technical regulations are compatible with one another. To this end, if a Party expresses an interest in developing a technical regulation equivalent or similar in scope to one that exists in or is being prepared by the other Party, that other Party shall, on request, provide to the Party, to the extent practicable, the relevant information, studies and data upon which it has relied in the preparation of its technical regulation, whether adopted or being developed. The Parties recognise that it may be necessary to clarify and agree on the scope of a specific request, and that confidential information may be withheld.

2. A Party that has prepared a technical regulation that it considers to be equivalent to a technical regulation of the other Party having compatible objective and product scope may request that the other Party recognise the technical regulation as equivalent. The Party shall make the request in writing and set out detailed reasons why the technical regulation should be considered equivalent, including reasons with respect to product scope. The Party that does not agree that the technical regulation is equivalent shall provide to the other Party, upon request, the reasons for its decision.

Article 4.5. Conformity Assessment

The Parties shall observe the Protocol on the mutual acceptance of the results of conformity assessment, and the Protocol on the mutual recognition of the compliance and enforcement programme regarding good manufacturing practices for pharmaceutical products.

Article 4.6. Transparency

1. Each Party shall ensure that transparency procedures regarding the development of technical regulations and conformity assessment procedures allow interested persons of the Parties to participate at an early appropriate stage when amendments can still be introduced and comments taken into account, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. Where a consultation process regarding the development of technical regulations or conformity assessment procedures is open to the public, each Party shall permit persons of the other Party to participate on terms no less favourable than those accorded to its own persons.

2. The Parties shall promote closer cooperation between the standardisation bodies located within their respective territories with a view to facilitating, among other things, the exchange of information about their respective activities, as well as the harmonisation of standards based on mutual interest and reciprocity, according to modalities to be agreed by the standardisation bodies concerned.

3. Each Party shall endeavour to allow a period of at least 60 days following its transmission to the WTO Central Registry of Notifications of proposed technical regulations and conformity assessment procedures for the other Party to provide written comments, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. A Party shall give positive consideration to a reasonable request to extend the comment period.

4. If a Party receives comments on its proposed technical regulation or conformity assessment procedure from the other Party, it shall reply in writing to those comments before the technical regulation or conformity assessment procedure is adopted.

5. Each Party shall publish or otherwise make publicly available, in print or electronically, its responses or a summary of its responses, to significant comments it receives, no later than the date it publishes the adopted technical regulation or conformity assessment procedure.

6. Each Party shall, upon request of the other Party, provide information regarding the objectives of, legal basis and rationale for, a technical regulation or conformity assessment procedure, that the Party has adopted or is proposing to adopt.

7. A Party shall give positive consideration to a reasonable request from the other Party, received prior to the end of the comment period following the transmission of a proposed technical regulation, to establish or extend the period of time between the adoption of the technical regulation and the day upon which it is applicable, except where the delay would be ineffective in fulfilling the legitimate objectives pursued.

8. Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are publicly available on official websites.

9. If a Party detains at a port of entry a good imported from the territory of the other Party on the grounds that the good has failed to comply with a technical regulation, it shall, without undue delay, notify the importer of the reasons for the detention of the good.

Article 4.7. Management of the Chapter

1. The Parties shall cooperate on issues covered by this Chapter. The Parties agree that the Committee on Trade in Goods, established under Article 26.2.1(a) shall:

(a) manage the implementation of this Chapter;

(b) promptly address an issue that a Party raises related to the development, adoption or application of standards, technical regulations or conformity assessment procedures;

(c) on a Party's request, facilitate discussion of the assessment of risk or hazard conducted by the other Party;

(d) encourage cooperation between the standardisation bodies and conformity assessment bodies of the Parties;

(e) exchange information on standards, technical regulations, or conformity assessment procedures including those of third parties or international bodies where there is a mutual interest in doing so;

(f) review this Chapter in the light of developments before the WTO Committee on Technical Barriers to Trade or under the TBT Agreement, and, if necessary, develop recommendations to amend this Chapter for consideration by the CETA Joint Committee;

(g) take other steps that the Parties consider will assist them to implement this Chapter and the TBT Agreement and to facilitate trade between the Parties; and

(h) report to the CETA Joint Committee on the implementation of this Chapter, as appropriate.

2. If the Parties are unable to resolve a matter covered under this Chapter through the Committee on Trade in Goods, upon request of a Party, the CETA Joint Committee may establish an ad hoc technical working group to identify solutions to facilitate trade. If a Party does not agree with a request from the other Party to establish a technical working group, it shall, on request, explain the reasons for its decision. The Parties shall lead the technical working group.

3. When a Party has requested information, the other Party shall provide the information, pursuant to the provisions of this Chapter, in print or electronically within a reasonable period of time. The Party shall endeavour to respond to each request for information within 60 days.

Chapter FIVE. Sanitary and Phytosanitary Measures

Article 5.1. Definitions

1. For the purposes of this Chapter, the following definitions apply:

(a) the definitions in Annex A of the SPS Agreement;

(b) the definitions adopted under the auspices of the Codex Alimentarius Commission (the "Codex");

(c) the definitions adopted under the auspices of the World Organisation for Animal Health (the "OIE");

(d) the definitions adopted under the auspices of the International Plant Protection Convention (the "IPPC");

(e) protected zone for a specified regulated harmful organism means an officially defined geographical area in the European Union in which that organism is not established in spite of favourable conditions for its establishment and its presence in other parts of the European Union; and

(f) a competent authority of a Party means an authority listed in Annex 5-A.

2. Further to paragraph 1, the definitions under the SPS Agreement prevail to the extent that there is an inconsistency between the definitions adopted under the auspices of the Codex, the OIE, the IPPC and the definitions under the SPS Agreement.

Article 5.2. Objectives

The objectives of this Chapter are to:

(a) protect human, animal and plant life or health while facilitating trade;

  • 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