Written answers

Tuesday, 23 May 2017

Department of Jobs, Enterprise and Innovation

Comprehensive Economic and Trade Agreement

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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641. To ask the Minister for Jobs, Enterprise and Innovation the position regarding the CETA, comprehensive economic and trade agreement, between Canada and the European Union; if same is being deferred pending a court determination by the European Court of Justice in view of the investor-state dispute provisions and their applicability pursuant to European law, in particular their compatibility with Irish constitutional law; and if she will make a statement on the matter. [24736/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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On the 30th October 2016, the EU – Canada Comprehensive Economic and Trade Agreement (CETA) was signed by representatives from Canada, the EU and its Member States.  On the 15th February 2017, the European Parliament voted in support of the provisional application of CETA.

The process of ratification can now commence in some 43 national parliaments and regional assemblies across the EU according to their constitutional requirements.  In Ireland’s case, the Dáil will be part of the final decision to ratify the Agreement.

I fully support provisional application of the Agreement.  I am of the view that there should be no impediment to Irish companies immediately taking advantage of the provisions of CETA including eliminating tariffs on almost all of key exports, access to the Canadian procurement market, easing regulatory barriers and ensuring more transparent rules for market access. 

Canada is currently finalising its internal implementation procedures to allow for its ratification of the Agreement, therefore CETA is yet to be provisionally applied. It is expected that CETA will provisionally apply from summer 2017.  I believe that it is important to wait to see the benefits of CETA come into being, before CETA is put before the Dáil for ratification.  Then we can have a fully informed, evidence based debate on the value of the Agreement to Ireland.

The Deputy will be aware that the opinion of the ECJ was sought in relation to the competence of the European Union to sign and conclude the EU Singapore Free Trade Agreement. The ECJ was not asked to consider whether the agreement’s provisions are compatible with EU law.

The ECJ’s Opinion issued on the 16 of May 2017. The Opinion found that some aspects the agreement fall within the EU’s exclusive competence while other aspects will require additional approval from national and regional legislatures.  

In relation to the provisions governing investor-state dispute settlement, the ECJ found that such a regime cannot be established without Member States’ consent and the approval of such a regime is a competence shared between the EU and Member States.

The provisions relating to investment protection and investor-state dispute settlement are excluded from provisional application. This means that these provisions will not come into being until voted for by the Dáil and every other Member State according to their constitutional requirements. The main provisions offering new opportunities for Irish business will come in to force once Canada has completed its own procedures.

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