Joint Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part
Date: 2015-04-13
Institutions: European Commission, High Representative of the Union
Subjects: Canada, association agreement (EU), economic cooperation, international negotiations, international security, trade cooperation













EUR-Lex - 52015JC0010 - EN











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52015JC0010

Joint Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part /* JOIN/2015/0010 final - NLE /2015/0073 */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The present proposal concerns the signature
and provisional application of the Strategic Partnership Agreement (SPA)
between the European Union and its Member States, of the one part and Canada,
of the other part (hereafter ‘the Agreement’).
On 8 December 2010, the Council adopted a
Decision authorising the European Commission and the High Representative of the
Union for Foreign Affairs and Security Policy to negotiate a Framework
Agreement between the European Union and its Member States, of the one part,
and Canada, of the other part. The negotiations of the Agreement commenced in
September 2011.
The EU and Canada have a history of
extensive political and economic cooperation, formally dating back to 1976 when
the EU signed a Framework Agreement with Canada, the first EU agreement with an
OECD country. This Agreement has for a long time constituted the appropriate
framework to deepen relations, enhance political association and cooperation
between the Parties.
The 1990 Declaration on Transatlantic
Relations concluded, of the one side by the European Community and its Member
States and Canada, of the other side, further strengthened the partnership in a
range of areas such as economic, scientific and cultural cooperation both on
the bilateral and multilateral level.
Further, the 1996 Canada-EU Joint Political
Declaration and Action Plan were adopted in order to enhance the cooperation in
pursuit of common objectives and on the basis of deeply-held, shared, principles.
In 2004 the Parties concluded a Partnership
Agenda with the objective of advancing international security, global economic
prosperity, cooperation on issues of Justice and Home Affairs, addressing
global and regional challenges and fostering closer links between the citizens
of the EU and Canada. The Partnership Agenda established an intensified
dialogue which allowed a more strategic, sustained and coherent approach to
issues affecting Canada and the EU involving an increasingly wide range of sectors.
The cooperation between the EU and Canada
has evolved with time and now covers broad range of sectors including
environment, justice and security, migration and integration, fisheries,
education, culture, human rights, northern development and indigenous issues,
youth exchanges and transport security.
The aim of the Agreement is twofold: (i) to
enhance the EU - Canada political ties and cooperation on foreign policy and
security issues by taking their relationship at a strategic partnership level
and (ii) to upgrade their cooperation in a large number of policy areas going
beyond trade and economics.
The Agreement considerably contributes to
the improvement of the partnership which is based on the EU and Canada's joint
values such as respect for democratic principles and human rights and
fundamental freedoms, rule of law, international peace and security.
Following the Common approach on the use of
political clauses, in certain very specific cases of violation of the essential
elements of the SPA, the SPA could be suspended or other appropriate measures
affecting our bilateral relationship could be taken. The SPA also recognises
that in such extreme situations, one party could also initiate the procedure to
terminate the EU- Canada Comprehensive and Economic Trade Agreement (CETA).
The SPA, in combination with the CETA, is
expected to provide tangible benefits and opportunities to the citizens of the
Union and Canada.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The EEAS and the Commission's services have
been involved and consulted in the negotiating process.
Member States have equally been consulted
throughout the negotiating process in the relevant Council Working Parties
meetings. On 18 June 2014 COREPER also endorsed the SPA text, which opened the
way towards initialling by Chief Negotiators on 8 September 2014.
The European Parliament has been kept regularly and
promptly informed throughout the negotiations.
The EEAS and the Commission consider that the objectives
set by the Council in its negotiating directives were attained and that the
draft Agreement can be submitted for signature.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
On the part of the Union, the legal basis
for this Agreement is Article 37 TEU and Article 212 TFEU. The attached joint
proposal constitutes the legal instrument for the signature and provisional
application of the agreement.
The Agreement builds on a two-pillar
structure: political cooperation on foreign policy and security issues of
common interest (WMD, SALW, counter-terrorism,
promoting international peace and security, cooperation in multilateral fora) and broad sectoral cooperation (economic and
sustainable development, promoting free trade and enhancing investment,
judicial cooperation, taxation etc). As such, the
Agreement is composed of provisions on the basis for cooperation (Title I),
human rights, fundamental freedoms, democracy and rule of law (Title II),
international peace and security and effective multilateralism (Title III),
economic and sustainable development (Title IV), justice, freedom and security
(Title V), political dialogue and consultation mechanism (Title VI), as well as
final provisions (Title VII).
The Agreement will enhance EU - Canada
cooperation on a range of bilateral, regional and multilateral issues. It will
enable the Parties to act together to project their shared values to third
countries on key issues such as international peace and security, democracy and
the rule of law, justice, freedom and security.
The Agreement provides the basis of the
cooperation which includes the principles set out in the Charter of the United
Nations and respect for international law. It further enforces the Parties
engagement in upholding and advancing democracy, human rights and fundamental
freedoms.
The Agreement strengthens political,
economic and sectoral cooperation across a wide range of policy fields such as
sustainable development, research and innovation, education and culture,
migration, counter terrorism and the fight against organised crime and
cybercrime. It restates the Parties commitment to safeguard international peace
and security by preventing the proliferation of weapons of mass destruction and
taking measures to deal with illicit trade in Small Arms and Light Weapons.
It provides the mechanism for conducting
political dialogue by organising annual Summits at Leaders level and
consultations at ministerial level. It also establishes a Joint Ministerial
Committee, which replaces the previous Transatlantic Dialogue, and a Joint Cooperation
Committee with the objective of monitoring the development of the strategic
relationship between the Parties.
The Agreement provides for the possibility
of suspending its application in case of a violation of essential elements. In
addition, the Parties recognize that such cases could also serve as grounds for
the termination of the CETA.
The final provisions set out conditions for
provisional application of certain parts of the agreement prior to its entry
into force.
2015/0073 (NLE)
Joint Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European
Union, and provisional application of the Strategic Partnership Agreement
between the European Union and its Member States, of the one part, and Canada,
of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European
Union, and in particular Article 37 thereof,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 212 (1), in
conjunction with Article 218(5) and second paragraph of Article 218 (8)
thereof,[1]
Having regard to the joint proposal from
the European Commission and the High Representative of the Union for Foreign
Affairs and Security Policy,
Whereas:
(1)       On 8 December 2010 the
Council authorised the Commission and the High Representative to open
negotiations with Canada for a Framework Agreement to replace the Joint
Political Declaration on EU - Canada relations of 1996.
(2)       Taking account of the
close historical relationship and progressively closer links between the
Parties as well as their desire to strengthen and widen relations in an
ambitious and innovative way, the negotiations on the Strategic Partnership
Agreement ("the Agreement") were successfully concluded by the
initialling of the Agreement in Ottawa on 8 September 2014.
(3)       Article 30 of the
Agreement provides for the provisional application of the Agreement before its
entry into force.
(4)       Therefore, the Agreement
should be signed on behalf of the European Union and applied on a provisional
basis in accordance with its Article 30, pending its conclusion at a later
date.
HAS ADOPTED THIS DECISION:
Article 1
1.           The signing of the Strategic
Partnership Agreement between the European Union and its Member States, of the
one part, and Canada, of the other part is hereby authorised on behalf of the
Union, subject to the conclusion of the said Agreement. 
2.           The text of the Agreement is
attached to this Decision.
Article 2
The Secretariat General of the Council shall
establish the instrument of full powers to sign the Agreement, subject to its
conclusion, for the person(s) indicated by the negotiators of the Agreement.
Article 3
1.           Pending its entry into force, in
accordance with Article 30 of the Agreement and subject to the notifications
provided for therein, the following parts of the Agreement shall be applied
provisionally between the Union and Canada:
-        Title I,
-        Title II;
-        Title III;
-        Title IV;
-        Title V, with the exception of
Article 24;
-        Title VI and Title VII, to the extent
necessary for the purpose of ensuring the provisional application of the
Agreement;
2.           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 4
This Decision shall enter into force on the day following that of
its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L[….], […], p. [….]
ANNEX
Strategic Partnership Agreement between the European Union and its
Member States, of the one part, and Canada, of the other part
PREAMBLE
THE EUROPEAN
UNION, hereinafter referred to as "the Union",
and
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,
THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND,
Contracting
Parties to the Treaty on European Union and the Treaty on the Functioning of
the European Union, hereinafter referred to as "the Member States"
                                                                            of
the one part, and
CANADA,
                                                                            of
the other part,
hereinafter jointly referred to as
"the Parties",
Inspired by the
long-standing friendship forged between the people of Europe and Canada through
their extensive historical, cultural, political and economic links,
Noting the
strides taken since the 1976 Framework Agreement for Commercial and
Economic Cooperation Between the European Communities and Canada, the 1990
Declaration on Transatlantic Relations between the European Community and its
Member States and Canada, the 1996 Joint Political Declaration on EU-Canada
Relations and Joint EU-Canada Action Plan, the 2004 EU-Canada Partnership
Agenda, and the 2005 Agreement between the European Union and Canada
establishing a framework for the participation of Canada in the European Union
crisis management operations,
Reaffirming their
strong attachment to democratic principles and human rights as laid down in the
Universal Declaration of Human Rights,
Sharing the
view that the proliferation of weapons of mass destruction poses a major threat
to international security,
Building on
their long-standing tradition of cooperation in promoting international
principles of peace and security and the rule of law,
Reaffirming
their determination to combat terrorism and organised crime through bilateral
and multilateral channels,
Sharing a
commitment to reducing poverty, stimulating inclusive economic growth, and
assisting developing countries in their efforts towards political and economic
reforms,
Recognising
their desire to promote sustainable development in its economic, social and
environmental dimensions,
Expressing pride
in their extensive people-to-people contacts between their citizens and their
commitment to the protection and promotion of the diversity of cultural
expressions,
Acknowledging
the important role that effective multilateral organisations can play in
advancing cooperation and achieving positive outcomes on global issues and
challenges,
Mindful of
their dynamic trade and investment relationship, which will be further enhanced
through the effective implementation of a comprehensive economic and trade
agreement,
Recalling
that the provisions of this Agreement that fall within the scope of Part Three,
Title V of the Treaty on the Functioning of the European Union bind the United
Kingdom and Ireland as separate Contracting Parties, and not as part of the
European Union, unless the European Union together with the UK and/or Ireland
have jointly notified Canada that the United Kingdom or Ireland is bound as
part of the European Union in accordance with the Protocol No. 21 on the
position of the United Kingdom and Ireland in respect of the area of Freedom,
Security and Justice annexed to the Treaty on European Union and the Treaty on
the Functioning of the European Union. If the United Kingdom and/or Ireland
ceases to be bound as part of the European Union in accordance with Article 4a
of the Protocol No. 21, the European Union together with the UK and/or Ireland
shall immediately inform Canada of any change in their position in which case
they shall remain bound by the provisions of the agreement in their own right.
The same applies to Denmark in accordance with the Protocol annexed to those
Treaties on the position of Denmark,
Recognising
the institutional changes in the European Union since the entry into force of
the Treaty of Lisbon,
Affirming their
status as strategic partners and their determination to further enhance and
elevate their relationship and their international cooperation on the basis of
mutual respect and dialogue in order to advance their shared interests and
values,
Persuaded that
such cooperation should take shape progressively and pragmatically, as their
policies develop, 
HAVE AGREED AS FOLLOWS:
TITLE
I
BASIS FOR COOPERATION
Article
1
General Principles
1.           The Parties express their
support for the shared principles set out in the Charter of the United Nations.
2.           Mindful of their strategic
relationship, the Parties shall endeavour to enhance coherence in developing
their cooperation at the bilateral, regional and multilateral levels.
3.           The Parties shall implement
this Agreement based on shared values, the principles of dialogue, mutual
respect, equal partnership, multilateralism, consensus and respect for
international law.
TITLE II
HUMAN RIGHTS, FUNDAMENTAL FREEDOMS, DEMOCRACY AND THE 
RULE OF LAW
Article 2
Upholding and Advancing Democratic Principles, Human Rights and 
Fundamental
Freedoms
1.           Respect for democratic
principles, human rights and fundamental freedoms, as laid down in the
Universal Declaration of Human Rights and existing international human rights
treaties and other legally binding instruments to which the EU or the Member
States and Canada are party, underpins the Parties’ respective national and
international policies and constitutes an essential element of this Agreement.
2.           The Parties shall endeavour to
cooperate and uphold these rights and principles in their own policies and
shall encourage other states to adhere to these international human rights
treaties and legally binding instruments and to implement their own human
rights obligations.
3.           The Parties are committed to
advancing democracy, including free and fair electoral processes in line with
international standards. Each Party shall inform the other of its respective
election observation missions and invite each other to participate as
appropriate.
4.           The Parties recognise the
importance of the rule of law for the protection of human rights and for the
effective functioning of governance institutions in a democratic state. This
includes the existence of an independent justice system, equality before the
law, the right to a fair trial and individuals’ access to effective legal
redress.
TITLE
III
INTERNATIONAL PEACE AND SECURITY AND EFFECTIVE MULTILATERALISM
Article
3
Weapons of Mass Destruction         

1.           The Parties consider that the
proliferation of weapons of mass destruction (WMD) and their means of delivery,
both to state and non-state actors, represents one of the most serious threats
to international stability and security.
2.           The Parties therefore agree
to cooperate and to contribute to preventing the proliferation of WMDs and
their means of delivery through full compliance with and implementation of
their obligations under international disarmament and non‑proliferation
agreements and UN Security Council Resolutions. In addition, the Parties shall
continue to cooperate, as appropriate, in support of non-proliferation efforts
through participation in the export control regimes to which both are party. The Parties agree that this provision constitutes
an essential element of this Agreement.
3.           The Parties furthermore agree
to cooperate and to contribute to preventing the proliferation of WMDs and
their means of delivery by:
(a)         
as appropriate, taking steps to sign, ratify, or
accede to, all relevant international disarmament and non-proliferation
treaties and to fully implement all obligations under the treaties to which
they are party and encourage other states to adhere to those treaties;
(b)         
maintaining an effective system of national
export controls, controlling the export and preventing the illicit brokering
and transit of WMD‑related goods, including a WMD end-use control on dual
use technologies and containing effective sanctions for breaches of export
controls;
(c)         
combating the proliferation of chemical,
biological and toxin weapons. The Parties agree to collaborate in relevant fora
to advance the prospects for universal adherence to international conventions,
including the Chemical Weapons Convention (Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction), and the Biological and Toxin Weapons Convention (Convention on
the Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction).  
4.           The Parties agree to
establish a regular senior-level EU-Canada meeting to exchange views on ways of
furthering cooperation on a range of non-proliferation and disarmament issues.
Article
4
Small Arms and Light Weapons 
1.           The Parties recognise that
the illicit manufacture, transfer and circulation of small arms and light
weapons (SALWs), including their ammunition, and their excessive accumulation,
poor management, inadequately secured stockpiles and uncontrolled spread
continue to pose a serious threat to peace and international security.
2.           The Parties agree to
implement their respective commitments to deal with the illicit trade in SALWs,
including their ammunition, in the framework of the relevant international
instruments, including the UN Programme of Action to Prevent, Combat and
Eradicate the Illicit Trade in SALWs in All Its Aspects as well as obligations
deriving from UN Security Council Resolutions.
3.           The Parties shall endeavour
to take measures to deal with the illicit trade in SALWs and to cooperate and
seek coordination, complementarity and synergy in their common efforts to
assist other states to deal with the illicit trade in SALWs and ammunition at
global, regional and national levels as appropriate.
Article
5
 International Criminal Court         

1.           The Parties affirm that the most
serious crimes of concern to the international community must not go unpunished
and that their effective prosecution must be ensured through taking measures at
the national level and through enhancing  international cooperation, including
with the International Criminal Court (ICC).
2.           The Parties share a common
commitment to promoting the universal ratification of, or accession to, the
Rome Statute of the ICC, and to work towards its effective domestic
implementation of the Statute amongst States Parties to the ICC.
Article
6
 Cooperation in Combating Terrorism
1.           The Parties recognise that
the fight against terrorism is a shared priority and emphasise that the fight
against terrorism shall be conducted with respect for the rule of law, international law, in particular the
Charter of the United Nations and relevant United Nations Security Council
Resolutions, human rights, international refugee law, humanitarian law and fundamental freedoms.
2.           The Parties shall maintain
high-level counter-terrorism consultations and ad hoc contacts with a
view to promoting effective joint counter-terrorism operational efforts and
collaborative mechanisms where possible. This shall include regular exchanges
on terrorist listings, countering violent extremism strategies, and approaches
to emerging counter-terrorism issues.
3.           The Parties share a common
commitment to the promotion of a comprehensive international approach to
combating terrorism under the leadership of the United Nations. The Parties
shall endeavour in particular to cooperate to deepen the international
consensus in this field to promote the full implementation of the UN Global
Counter-Terrorism Strategy and the relevant UN Security
Council resolutions as appropriate.
4.           The Parties shall continue to
cooperate closely in the framework of the Global Counter-Terrorism Forum and
its working groups.
5.           The Parties shall be guided
by the international recommendations established
by the Financial Action Task Force on Money Laundering to combat the financing
of terrorism.
6.           The Parties shall continue to
work together as appropriate to enhance the counter-terrorism capacity of other
states to prevent, detect and respond to terrorist activity.
Article
7
Cooperation in Promoting International Peace and
Stability
To advance their common interests in
promoting international peace and security and effective multilateral
institutions and policies, the Parties shall:
(a)          continue their efforts to
further strengthen transatlantic security, taking into account the central role
of the existing transatlantic security architecture between Europe and North
America;
(b)          strengthen their joint
efforts in support of crisis management and capacity-building, and further
enhance their cooperation in this regard, including on EU operations and
missions. The Parties shall endeavour to facilitate participation in these
activities, including through early consultations and the sharing of planning
information where it is deemed appropriate by the Parties.
Article
8
Cooperation in Multilateral, Regional and
International Fora and Organisations
1.           The Parties share a
commitment to multilateralism and efforts to improve the effectiveness of regional
and international fora and organisations such as the United Nations and its
specialised organisations and agencies, the Organisation for Economic
Co-operation and Development (OECD), the North Atlantic Treaty Organization
(NATO), the Organization for Security and Co-operation in Europe (OSCE), and
other multilateral fora.
2.           The Parties shall maintain
effective consultation mechanisms on the margins of multilateral fora. At the
UN, in addition to their existing dialogues in the areas of human rights and
democracy, the Parties shall establish permanent consultation mechanisms at the
Human Rights Council, the General Assembly of the United Nations and the UN
Offices in Vienna and others as appropriate and agreed by the Parties.  
3.           The Parties shall also
endeavour to consult on elections to seek effective representation in
multilateral organisations.
TITLE
IV
ECONOMIC AND SUSTAINABLE DEVELOPMENT
Article
9
Dialogue and Global Leadership on Economic Issues
Recognising that sustainable globalisation
and greater prosperity can only be achieved through an open world economy,
based on market principles, effective regulations and strong global
institutions, the Parties shall endeavour to:
(a)          demonstrate leadership in
promoting sound economic policies and prudent financial management both
domestically and through their regional and international engagement;
(b)          hold a regular senior-level
policy dialogue on macro-economic issues, including central bank
representatives as appropriate, with the aim of cooperating on issues of mutual
concern;
(c)          encourage, as appropriate, timely
and effective dialogue and cooperation on global economic issues of common interest in multilateral
organisations and fora in which the Parties participate, such as the OECD, the
G-7, the G-20, the International Monetary Fund (IMF), the World Bank and the
World Trade Organisation (WTO).
Article
10
Promoting Free Trade and Enhancing Investment
1.           The Parties will cooperate to
promote a sustainable increase and development of trade and investment between
them to their mutual advantage, as provided for in a comprehensive economic and
trade agreement.
2.           The Parties shall endeavour
to cooperate to further strengthen the WTO as the most effective framework for
a strong, inclusive and rules-based global trading system.
3.           The Parties shall continue to
engage in customs cooperation.
Article
11
Cooperation on Taxation
With a view to strengthening and developing
their economic cooperation, the Parties adhere to, and apply the principles of
good governance in the tax area, i.e., transparency, exchange of
information and avoidance of harmful tax practices in the frameworks of the
OECD Forum on harmful tax practices and the EU Code of Conduct on business
taxation, as applicable. The Parties shall endeavour to work together to
promote and improve the implementation of these principles internationally.
Article
12
Sustainable Development
1.           The Parties reaffirm their
commitment to meet the needs of today without compromising the needs of future
generations. They recognise that, to be viable over the longer term, economic
growth should respect the principles of sustainable development.
2.           The Parties shall continue to
promote the responsible and efficient use of resources and raise awareness of
the economic and social costs of environmental damage and its associated impact
on human well-being.
3.           The Parties shall continue to
encourage efforts to promote sustainable development through dialogue, the
sharing of best practices, good governance and sound financial management.
4.           The Parties share a common
goal of reducing poverty and supporting inclusive economic development around
the globe, and shall endeavour to work together whenever possible to achieve
this aim.
5.           For this purpose, the Parties
shall establish a regular policy dialogue on development cooperation in order
to improve policy coordination on common issues of interest and to improve the
quality and effectiveness of their development cooperation, in line with
internationally accepted principles on aid effectiveness. The Parties shall
work together to strengthen accountability and transparency with a focus on
improving development results, and shall recognise the importance of engaging a
range of actors, including the private sector and civil society, in development
cooperation.
6.           The Parties recognise the
importance of the energy sector to economic prosperity and international peace
and stability. They agree on the need to improve and diversify energy supplies,
promote innovation, and increase energy efficiency in order to strengthen
energy opportunity, energy security, and sustainable and affordable energy. The
Parties shall maintain a high‑level dialogue on energy and continue to
collaborate through bilateral and multilateral means in order to support open
and competitive markets, share best practices, promote science-based,
transparent regulation, and discuss areas of cooperation on energy issues.
7.           The Parties attach great
importance to the protection and conservation of the environment and recognise
the need for high standards of environmental protection in order to conserve
the environment for future generations.
8.           The Parties recognise the global
threat of climate change and the need to take immediate and further action to
cut emissions in order to stabilise greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic interference
with the climate system. In particular, they share a common ambition to find
innovative solutions to mitigate and adapt to the effects of climate change.
The Parties recognise the global nature of the challenge and shall continue to
support international efforts towards a fair, effective, comprehensive and
rules‑based regime under the United Nations Framework Convention on
Climate Change (UNFCCC) that applies to all Parties to the Convention,
including working together on an ambitious new protocol, legal instrument or
agreed outcome with legal force.
9.           The Parties shall maintain
high‑level dialogues on the environment and on climate change with a view
to sharing best practices and promoting effective and inclusive cooperation on
climate change and other issues relating to environmental protection.
10.         The
Parties recognise the importance of dialogue and cooperation at bilateral or
multilateral levels in the field of employment, social affairs and decent work,
particularly in the context of globalisation and demographic changes. The
Parties shall endeavour to promote cooperation and exchanges of information and
experiences on employment and social matters. The Parties also confirm their
attachment to respect, promote and realise internationally recognised labour
standards to which they
have committed, such as those referred to
in the 1998 International Labour Organization (ILO) Declaration on Fundamental
Principles and Rights at Work and its follow-up.
Article
13
Dialogue on Other Areas of Mutual Interest
Recognising their shared commitment to deepen
and expand their longstanding engagement as well as acknowledging existing
cooperation, the Parties shall endeavour, in appropriate bilateral
and multilateral fora, to encourage expert dialogue and exchanges of best
practices in policy areas of mutual interest. These include, but are not
limited to, the areas of: agriculture, fisheries, international ocean and
maritime policy, rural development, international transportation, employment,
and circumpolar issues including science and technology. Where appropriate,
this could also include exchanges on legislative, regulatory, and
administrative practices, as well as on decision-making processes.
Article
14
Citizens’ Well-being
1.           Recognising the importance of
expanding and deepening their dialogue and cooperation on a wide range of
issues that affect the well-being of their citizens and the larger global
community, the Parties shall encourage and facilitate dialogue, consultation
and where possible cooperation on existing and emerging issues of mutual
interest affecting citizens’ well-being. 
2.           The Parties recognise the
importance of consumer protection and shall encourage the exchange of
information and best practice in this area.
3.           The
Parties encourage mutual cooperation and information exchange on global health
issues and on preparedness and response to global public health emergencies.
Article
15
Cooperation on Knowledge, Research, Innovation, and
Communication Technology
1.           Considering the importance of
new knowledge to address global challenges, the Parties shall continue to
encourage cooperation in the field of science, technology, research and
innovation.
2.           Recognising the importance of
information and communication technologies as key elements of modern life and
socio-economic development, the Parties shall
endeavour to cooperate and exchange views on national, regional and
international policies in this field as appropriate.
3.           Recognising that the security
and stability of the internet in full respect of fundamental rights and
freedoms is a global challenge, the Parties shall endeavour to
cooperate at bilateral and multilateral levels through dialogue and exchange of
expertise.
4.           The Parties recognise that
the use of space systems is increasingly important to meet their
socio-economic, environment and international policy objectives. The Parties
shall continue to further their cooperation in the development and use of space
assets to support citizens, businesses and government organisations.
5.           The Parties shall endeavour
to continue their cooperation in the field of statistics, with a particular
focus on actively promoting the sharing of best practices and policies.
Article 16
Promoting the Diversity of Cultural Expressions, Education & Youth
 and
People-to-People Contacts       

1.           The Parties take pride in the
long-standing cultural, linguistic and traditional ties that have built bridges
of understanding between them. Transatlantic ties exist at all levels of
government and society and the impact of this relationship is significant
across Canadian and European societies. The Parties shall endeavour to
encourage these ties and to seek new ways to foster relationships through
people-to-people contacts. The Parties shall endeavour to use exchanges through
non-governmental organisations and think‑tanks that bring together
youth and other economic and social partners to expand and deepen these relations
and enrich the flow of ideas for the solution of common challenges.
2.           Recognising the extensive
academic, educational, sport, culture, tourism and youth mobility relationships
that have developed between them over the years, the Parties welcome and encourage
continued collaboration in expanding these linkages, as appropriate.
3.           The Parties shall endeavour
to foster the diversity of cultural expressions, including through the
promotion, as appropriate, of the principles and objectives of the 2005 UNESCO
Convention on the Protection and Promotion of the Diversity of Cultural
Expressions.
4.           The Parties shall endeavour
to encourage and facilitate exchanges, cooperation and dialogue between their
cultural institutions and professionals in this sector as appropriate.
Article
17
Disaster Resilience and
Emergency Management
To minimise the impact of natural and
man-made disasters and increase the resilience of society and infrastructure,
the Parties affirm their common commitment to promote prevention, preparedness,
response and recovery measures, including through cooperation as appropriate at
the bilateral and multilateral level.
TITLE
V
JUSTICE, FREEDOM AND SECURITY
Article
18
Judicial Cooperation
1.           As regards judicial
cooperation in criminal matters, the Parties shall seek to enhance existing
cooperation on mutual legal assistance and extradition based on relevant
international agreements. The Parties shall also, within
their powers and competences, seek to strengthen existing mechanisms and, as
appropriate, consider the development of new mechanisms to facilitate
international cooperation in this area. This would include, as appropriate,
accession to, and implementation of, the relevant international instruments,
and closer cooperation with Eurojust.
2.           The Parties shall develop, as
appropriate, judicial cooperation in civil and commercial matters, to the
extent of their respective competences, in particular, as regards the
negotiation, ratification and implementation of multilateral conventions on
civil judicial cooperation, including the Conventions of the Hague Conference
on Private International Law in the field of international legal cooperation
and litigation as well as the protection of children.
Article 19
Cooperation Against Illicit
Drugs 
1.           Within their respective
powers and competences, the Parties shall cooperate to ensure a balanced and
integrated approach on drug issues. The Parties shall focus their efforts to:
–              
reinforce structures for combating illicit
drugs;
–              
reduce the supply, trafficking and the demand
for illicit drugs;
–              
address the health and social consequences of
illicit drug abuse; and 
–              
maximise the effectiveness of structures aimed
at reducing the diversion of chemical precursors used for the illicit
production of narcotic drugs and psychotropic substances.
2.           The Parties shall collaborate
to attain these objectives, including, where possible, by coordinating their
technical assistance programmes, and by encouraging countries that have not
already done so to ratify and implement existing international drug control
conventions to which the Union or the Member States and Canada are party. The
Parties shall base their actions on commonly accepted principles in line with
the relevant international drug control conventions and respect the overarching
goals of the 2009 UN Political Declaration and Plan of Action on International
Cooperation Towards an Integrated and Balanced Strategy to Counter the World
Drug Problem.
Article
20
Law Enforcement Cooperation and the Fight Against
Organised Crime and Corruption
1.           The Parties share a
commitment to cooperate in combating organised, economic and financial crime,
corruption, counterfeiting, smuggling, and illegal transactions through
compliance with their mutual international obligations in this area, including
as regards effective cooperation in the recovery of assets or funds derived
from acts of corruption.
2.           The Parties affirm their
commitment to develop law enforcement cooperation, including through continuing
cooperation with Europol.
3.           In addition, the Parties
shall endeavour to collaborate in international
fora to promote as appropriate adherence to and the implementation of the UN
Convention Against Transnational Organized Crime and its supplementing
Protocols to which they are both party.
4.           The Parties shall also
endeavour to promote as appropriate the implementation of the UN Convention
against Corruption, including through the operation of a strong review
mechanism, taking account of the principles of transparency and participation
of civil society.
Article
21
Money Laundering and the Financing of Terrorism
1.           The Parties recognise the
need to cooperate on preventing the use of their financial systems to launder
the proceeds of all criminal activity, including drug trafficking and
corruption, and to combat the financing of terrorism. This cooperation extends
to the forfeiture of assets or funds derived from criminal activity, within
their respective legal frameworks and laws.
2.           The Parties shall exchange
relevant information as appropriate within their respective legal frameworks
and laws and implement appropriate measures to combat money laundering and the
financing of terrorism, guided by the recommendations of the Financial Action
Task Force and standards adopted by other relevant international bodies active
in this area.
Article
22
Cybercrime
1.           The Parties recognise that
cybercrime is a global problem requiring global responses. To that end, the
Parties shall strengthen cooperation to prevent and combat cybercrime through
the exchange of information and practical knowledge, in compliance with their
respective legal frameworks and laws. The Parties shall endeavour to
work together where appropriate to provide assistance and support to other
States in the development of effective laws, policies and practices to prevent
and combat cybercrime wherever it occurs.
2.           The Parties shall, as
appropriate within their respective legal frameworks and laws, exchange
information in fields including the education and training of cybercrime
investigators, the conduct of cybercrime investigations and digital forensics.
Article
23
Migration, Asylum and Border Management
1.           The Parties reaffirm their
commitment to cooperate and exchange views within the framework of their
respective laws and regulations in the areas of migration (including legal
migration, irregular migration, trafficking in human beings, migration and
development), asylum, integration, visas and border management.
2.           The Parties share the
objective of visa-free travel between the Union and Canada for all of their
respective citizens. The Parties shall work together and make every effort to
achieve, as soon as possible, visa-free travel between their territories for
all citizens with a valid passport.
3.           The Parties agree to
cooperate in order to prevent and control irregular migration. To this end:
(a)     Canada shall readmit any of its
citizens illegally present on the territory of a Member State, on request by
the latter and, unless otherwise provided by a specific agreement, without
further formalities;
(b)     Each Member State shall readmit
any of its citizens illegally present on the territory of Canada, upon request
by the latter and, unless otherwise provided by a specific agreement, without
further formalities;
(c)     The Member States and Canada shall
provide their citizens with appropriate travel documents for this purpose;
(d)     The Parties shall endeavour to
engage in negotiations of a specific agreement to set out obligations on
readmission, including the readmission of nationals of third countries and
stateless persons.  
Article
24
Consular Protection
1.           Canada shall allow Union
citizens to enjoy in Canada, if the Member State of which they are a citizen
does not have an accessible permanent representation in Canada, the protection
of the diplomatic and consular authorities of any Member State.
2.           The Member States shall allow
Canadian citizens to enjoy in the territory of any Member State, if Canada does
not have an accessible permanent representation in the territory of that Member
State, the protection of the diplomatic and consular authorities of any other
state designated by Canada.
3.           Paragraphs 1 and 2 are
intended to dispense with any requirements for notification and consent that
might otherwise apply for the purposes of allowing Union or Canadian citizens
to be represented by any state other than that of which they are nationals.
4.           The Parties shall review on
an annual basis the administrative functioning of paragraphs
(1) and (2).
Article
25
Personal Data Protection
1.           The Parties recognise the
need to protect personal data and shall endeavour to work together to promote
high international standards.
2.           The Parties recognise the
importance of protecting fundamental rights and freedoms, including the right
to privacy with respect to the protection of personal data. To this end, the
Parties shall undertake, within the framework of their respective laws and
regulations, to respect the commitments they have made in connection with these
rights, including while preventing and combating terrorism and other serious
crimes that are transnational in nature, including organised crime.
3.           The Parties shall continue to
cooperate within the framework of their respective laws and regulations at
bilateral and multilateral levels through dialogue and exchange of expertise as
appropriate with respect to personal data protection.
TITLE
VI
POLITICAL DIALOGUE AND CONSULTATION MECHANISMS
Article
26
Political Dialogue
The Parties shall endeavour to strengthen
their dialogue and consultation in an effective and pragmatic fashion to
support their evolving relationship, to advance their relations, and to promote
their common interests and values through their multilateral engagement.
Article
27
Consultation Mechanisms
1.           The Parties shall engage in
dialogue through ongoing contacts, exchanges and consultations, which include
the following:
(a)     summits at leaders level on an
annual basis or as mutually agreed, held alternately in the Union and in
Canada;
(b)     meetings at foreign minister
level;
(c)     consultations at ministerial
level on policy issues of mutual interest;
(d)     consultations of officials at the
senior and working level on issues of mutual interest or briefings and
cooperation on major domestic or international developments;
(e)     promotion of exchanges of delegations
from the European Parliament and the Parliament of Canada.
2.           Joint Ministerial Committee
(a)     A Joint Ministerial Committee (JMC) is
hereby established.  
(b)     The JMC:
(i)         replaces
the Transatlantic Dialogue;
(ii)        is
co-chaired by the Minister of Foreign Affairs of Canada and the High
Representative of the Union for Foreign Affairs and Security Policy;
(iii)       meets on
an annual basis, or as mutually agreed as circumstances require;
(iv)       adopts its
own agenda, rules and procedures;
(v)        takes
decisions with the approval of both Parties;
(vi)       receives
an annual report by the Joint Cooperation Committee (JCC) on the state of the
relationship and makes related recommendations on the work of the JCC including
on new areas for future cooperation and the resolution of any disputes arising
from the implementation of this Agreement;
(vii)      is composed
of representatives of the Parties.
3.           Joint Cooperation Committee
(a)     The Parties shall establish a Joint
Cooperation Committee (JCC).
(b)     The Parties shall ensure that the JCC:
(i)         recommends
priorities in relation to cooperation between the Parties;
(ii)        monitors
the developments in the strategic relationship between the Parties;
(iii)       exchanges
views and makes suggestions on any issues of common interest;
(iv)       makes
recommendations for efficiencies, greater effectiveness and synergies between
the Parties;
(v)        ensures that
this Agreement operates properly;
(vi)       provides
an annual report to the JMC on the state of the relationship that the Parties
shall make public, as noted in Paragraph 2(b)(vi) of this Article;
(vii)      deals
appropriately with any matter referred to it by the Parties under this
Agreement;
(viii)     establishes
sub-committees to assist it in the performance of its duties. These
sub-committees should, however, not duplicate bodies established under other
agreements between the Parties;
(ix)       considers
situations where either Party deems its interests have been or could be
adversely affected by decision-making processes in areas of cooperation not
governed by a specific agreement.
(c)     The Parties shall ensure that the JCC
meets once a year in the Union and Canada alternately; that special meetings of
the JCC are held at the request of either Party; that the JCC is co-chaired by
one senior official from Canada and one senior official from the Union; and
that it agrees on its own terms of reference, including observer participation.
(d)     The JCC shall be composed of the
representatives of the Parties, with due attention to promoting efficiency and
economy in establishing the levels of participation.
(e)     The Parties agree that the JCC may
request committees and similar bodies established under existing bilateral
agreements between the Parties to provide regular updates to the JCC on their
activities as part of an ongoing, comprehensive overview of the relationship
between the Parties.
Article
28
Fulfilment of Obligations
1.           In the spirit of mutual
respect and cooperation embodied by this Agreement, the Parties shall take the
general or specific measures required to fulfil their obligations under this
Agreement.
2.           Should any questions or
differences arise in the implementation or interpretation of this Agreement,
the Parties shall strengthen their efforts to consult and cooperate to resolve
the issues in a timely and amicable manner. At the request of either Party,
questions or differences shall be referred to the JCC for further discussion
and study. The Parties may also jointly decide to refer these matters to
special sub-committees reporting to the JCC. The Parties shall ensure that the
JCC or the appointed sub-committee meets within a reasonable amount of time to
seek to resolve any differences in the implementation or interpretation of this
Agreement through early communication, a thorough examination of the facts,
including expert advice and scientific evidence as appropriate, and effective
dialogue.
3.           Reaffirming their strong
shared commitment to human rights and non-proliferation, the Parties consider
that a particularly serious and substantial violation of the obligations
described in Articles 2(1) and 3(2) may be addressed as a case of special
urgency. The Parties consider that, for a situation to constitute a
“particularly serious and substantial violation” of Article 2(1), its gravity
and nature would have to be of an exceptional sort such as a coup d’État
or grave crimes that threaten the peace, security and well-being of the
international community.
4.           In cases where a situation
occurring in a third country could be considered equivalent in gravity and nature
to a case of special urgency, the Parties shall endeavour to hold urgent
consultations, at the request of either Party, to exchange views on the
situation and consider possible responses.
5.           In the unlikely and
unexpected event that a case of special urgency occurs in the territory of one
of the Parties, either Party may seize the JMC of the matter. The JMC may ask
the JCC to hold urgent consultations within 15 days. The Parties shall provide
the relevant information and evidence required for a thorough examination and a
timely and effective resolution of the situation. Should the JCC be unable to
resolve the situation, it may submit the matter to the JMC for urgent
consideration.
6.           (a)      In
a case of special urgency where the JMC is unable to resolve the situation,
either Party may decide to suspend the provisions of this Agreement. In the
Union, the decision to suspend would entail unanimity. In Canada, the decision
to suspend would be taken by the Government of Canada in accordance with its
laws and regulations. A Party shall immediately notify the other Party, in
writing, of the decision and shall apply the decision for the minimum period of
time necessary to resolve the issue in a manner acceptable to the Parties;
(b)     The Parties shall
keep under constant review the development of the situation which prompted this
decision and which could serve as grounds for other appropriate measures taken
outside the framework of this Agreement. The Party invoking the suspension or
other measures shall withdraw them as soon as warranted.
7.           In addition, the Parties
recognise that a particularly serious and substantial violation of human rights
or non-proliferation, as defined in paragraph 3, could also serve as grounds
for the termination of the EU-Canada Comprehensive Economic and Trade
Agreement (CETA) in accordance with Article X.08 of that Agreement.
8.           This Agreement shall not
affect or prejudice the interpretation or application of other agreements
between the Parties. In particular, the dispute settlement provisions of this
Agreement shall not replace or affect in any way the dispute settlement
provisions of other agreements between the Parties.
TITLE
VII
FINAL PROVISIONS
Article
29
Security and Disclosure of Information
1.           This Agreement shall not be
construed to prejudice Union, Member States or Canadian laws and regulations
regarding public access to official documents.
2.           This Agreement shall not be
construed to require a Party to provide any information if that Party considers
that it is contrary to its essential security interests to disclose that
information.
Article
30
Entry into Force and Termination
1.           The Parties shall notify each
other once they have completed the internal procedures required for this
Agreement to enter into force. This Agreement enters into force on the first
day of the month following the date of the last notification.  
2.           Notwithstanding paragraph 1, the
Union and Canada shall apply parts of this Agreement on a provisional basis, as
set out in this paragraph, pending its entry into force and in accordance with
their respective internal procedures and legislation, as applicable.
Provisional application begins on the first day
of the second month following the date on which the Union and Canada notify
each other of the following:
(a)     For the Union, the completion of the
internal procedures necessary for this purpose, indicating the parts of the
Agreement that shall be provisionally applied; and
(b)     For Canada, the completion of the
internal procedures necessary for this purpose, confirming its
agreement to the parts of the Agreement that shall be provisionally applied.
3.           Either Party may notify in
writing the other Party of its intention to denounce this Agreement. The
denunciation takes effect six months after the notification.
Article
31
Amendment
The Parties may amend this Agreement by
agreement in writing. The amendment comes into force on the first day of the
month following the date of the last notification by which the Parties notify
each other that all necessary internal procedures for entry into force of the
amendment  are complete.
Article
32
Notifications
The Parties shall submit all notifications
made in accordance with Articles 30 and 31 to the General Secretariat of the
Council of the European Union and Canada’s Department of Foreign Affairs, Trade
and Development or their respective successors.
Article
33
Territorial Application
This Agreement applies, on the one hand, to
the territories in which the Treaties on which the European Union is founded
apply and under the conditions laid down in those Treaties, and, on the other
hand, to Canada.
Article
34
Definition
of the Parties
For the purposes of this Agreement, the term
"the Parties" means the European Union or its Member States, or the
European Union and its Member States, in accordance with their respective
competences, on the one hand, and Canada, on the other.
IN WITNESS WHEREOF, the undersigned, duly
authorised thereto, have signed this Agreement.
DONE in duplicate at                                 this
               day of                            20    ,
in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English,
French, Croatian, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch,
Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish, and Swedish
languages, each text being equally authentic.