B 4 - 2016-17 - Endeligt svar på spørgsmål 13: Spm. om oversendelse af den seneste udgave af rådsafgørelsen om midlertidig anvendelse af EU’s økonomi- og handelsaftale med Canada (CETA), til udenrigsministeren

Europaudvalget 2016-17
B 4
Offentligt

Council of the

European Union

Brussels, 5 October 2016

(OR. en)

10974/16

Interinstitutional File:

2016/0220 (NLE)

WTO 196

SERVICES 21

FDI 17

CDN 13

LEGISLATIVE ACTS AND OTHER INSTRUMENTS

Subject:

COUNCIL DECISION on the provisional application of the Comprehensive

Economic and Trade Agreement (CETA) between Canada, of the one part,

and the European Union and its Member States, of the other part

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B 4 - 2016-17 - Endeligt svar på spørgsmål 13: Spm. om oversendelse af den seneste udgave af rådsafgørelsen om midlertidig anvendelse af EU’s økonomi- og handelsaftale med Canada (CETA), til udenrigsministeren

COUNCIL DECISION (EU) 2016/…

on the provisional application

of the Comprehensive Economic and Trade Agreement (CETA)

between Canada, of the one part,

and the European Union and its Member States, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 43(2), Article 91, Article 100(2), Article 153(2), Article 192(1) and the first subparagraph of

Article 207(4), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

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Whereas:

(1)

On 24 April 2009, the Council authorised the Commission to open negotiations for a

Comprehensive Economic and Trade Agreement (CETA) with Canada.

(2)

In accordance with Decision (EU) 2016/…

, the Comprehensive Economic and Trade

Agreement (CETA) between Canada, of the one part, and the European Union and its

Member States, of the other part, (the "Agreement") was signed on …

(3)

Article 30.7(3) of the Agreement provides for the possibility of provisional application of

the Agreement.

(4)

Parts of the Agreement falling within the competence of the Union may be applied on a

provisional basis, pending the completion of the procedures for its conclusion.

Council Decision (EU) 2016/… of …on the signing on behalf of the European Union of the

Comprehensive Economic and Trade Agreement (CETA ) between Canada, of the one part,

and the European Union and its Member States, of the other part (OJ L …).

OJ: please insert the number of the Decision contained in Council document ST10972/16

and complete the publication footnote.

OJ: please complete the date of signing of the Agreement [27 October 2016].

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(5)

Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is

appropriate for the Council to authorise the Commission to approve modifications to

Annex 20-A of the Agreement to be adopted by the CETA Joint Committee, as set out in

Article 26.1 of the Agreement, on a recommendation by the CETA Committee on

Geographical Indications pursuant to Article 20.22 of the Agreement.

(6)

In accordance with Article 30.6(1) of the Agreement, the Agreement does not confer rights

or obligations which can be directly invoked before Union or Member State courts or

tribunals,

HAS ADOPTED THIS DECISION:

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Article 1

The Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one

part, and the European Union and its Member States, of the other part (the "Agreement")

shall be applied on a provisional basis by the Union as provided for in Article 30.7(3)

thereof, pending the completion of the procedures for its conclusion, and subject to the

following points:

(a)

only the following provisions of Chapter Eight of the Agreement (Investment) shall

be provisionally applied, and only in so far as foreign direct investment is concerned:

–

Articles 8.1 to 8.8;

Article 8.13;

Article 8.15, with the exception of paragraph 3 thereof; and

Article 8.16;

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(b)

the following provisions of Chapter Thirteen of the Agreement (Financial Services)

shall not be provisionally applied in so far as they concern portfolio investment,

protection of investment or the resolution of investment disputes between investors

and States:

–

Paragraphs 3 and 4 of Article 13.2;

Article 13.3 and Article 13.4;

Article 13.9; and

Article 13.21;

(c)

the following provisions of the Agreement shall not be provisionally applied:

–

Article 20.12;

Article 27.3 and Article 27.4, to the extent that those Articles apply to

administrative proceedings, review and appeal at Member State level;

–

Paragraph 7 of Article 28.7;

(d)

the provisional application of Chapters 22, 23 and 24 of the Agreement shall respect

the allocation of competences between the Union and the Member States.

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In order to determine the date of provisional application, the Council shall fix the date by

which the notification referred to in Article 30.7(3) of the Agreement is to be sent to

Canada.

The date from which the Agreement will be provisionally applied will be published in the

Official Journal of the European Union

by the General Secretariat of the Council.

Article 2

For the purposes of Article 20.22 of the Agreement, modifications to Annex 20-A of the Agreement

through decisions of the CETA Joint Committee shall be approved by the Commission on behalf of

the Union.

If an opposition is received in the framework of the examination of geographical indications carried

out under paragraph 1 of Article 20.19 of the Agreement, and no agreement can be reached between

the interested parties, the Commission shall adopt its position in accordance with the procedure laid

down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the

Council

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of

21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343,

14.12.2012, p. 1).

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Article 3

This Decision shall enter into force on the day of its adoption.

Done at …,

For the Council

The President

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