DECISION No 2/2021 OF THE CETA JOINT COMMITTEE

of 29 January 2021

adopting a procedure for the adoption of interpretations in accordance with Articles 8.31.3 and 8.44.3(a) of CETA as an Annex to its Rules of Procedure (2021/265)

THE CETA JOINT COMMITTEE,

Having regard to Article 26.1 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 Agreement’), and in particular Articles 26.1.4(d) and 26.2.4 thereof,

Whereas:

(1) Article 26.1.4(d) of the Agreement provides that the CETA Joint Committee is to adopt its own rules of procedure.

(2) Article 26.2.1(b) of the Agreement provides that the Committee on Services and Investment is one of the specialised committees established by the Agreement.

(3) Article 26.2.4 of the Agreement provides that the specialised committees shall set and modify their own rules of procedures, if they deem it appropriate.

(4) Rule 14.4 of the Rules of Procedure of the CETA Joint Committee, as set out in Decision 001/2018 of the CETA Joint Committee of 26 September 2018, provides that unless otherwise decided by each specialised committee pursuant to Article 26.2.4 of the Agreement, the Rules of Procedure apply mutatis mutandis to the specialised committees and other bodies established under the Agreement.

(5) In accordance with Article 8.9.1 of the Agreement, the Parties reaffirm their right to regulate in the public interest to achieve legitimate public policy objectives, such as the protection of public health, safety, the environment, which includes climate change and biodiversity, public morals, social or consumer protection or the promotion and protection of cultural diversity.

(6) In accordance with paragraph 6(e) of the Joint Interpretative Instrument on the Agreement, in order to ensure that the Tribunals established under Section F (Resolution of investment disputes between investors and states) of Chapter Eight (Investment) of the Agreement in all circumstances respect the intent of the Parties as set out in the Agreement, the Agreement includes provisions that allow the Parties to issue binding notes of interpretation and the Parties reaffirm that Canada and the European Union and its Member States are committed to using these provisions to avoid and correct any misinterpretation of the Agreement by the Tribunals.

(7) In accordance with Articles 8.31.3 and 8.44.3(a) of the Agreement, where serious concerns arise as regards matters of interpretation that may affect investment, the Committee on Services and Investment may, on agreement of the Parties, and after completion of their respective internal requirements and procedures, recommend to the CETA Joint Committee the adoption of interpretations of the Agreement; an interpretation adopted by the CETA Joint Committee shall be binding on the Tribunals established under Section F (Resolution of investment disputes between investors and states) of Chapter Eight (Investment) of the Agreement; and the CETA Joint Committee may decide that an interpretation shall have binding effect from a specific date,

HAS ADOPTED THIS DECISION:

Article 1 1. The procedure for the adoption of interpretations pursuant to Articles 8.31.3 and 8.44.3(a) of the Agreement, as set out in the Annex to this Decision, is hereby adopted as an Annex to the Rules of Procedure of the CETA Joint Committee as set out in Decision 001/2018 of the CETA Joint Committee of 26 September 2018. 2. The Annex shall form an integral part of the Rules of Procedure of the CETA Joint Committee, as set out in Decision 001/2018 of the CETA Joint Committee of 26 September 2018.

Article 2 The Annex shall form an integral part of this Decision.

Article 3 This Decision is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each version being equally authentic.

Article 4 This Decision shall be published and shall enter into force on the date of entry into force of Section F (Resolution of investment disputes between investors and states) of Chapter Eight (Investment) of the Agreement, subject to the Parties’ exchange of written notifications, through diplomatic channels, certifying that they have completed the necessary internal requirements and procedures.