Written answers

Tuesday, 4 July 2017

Department of Jobs, Enterprise and Innovation

Trade Agreements

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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68. To ask the Minister for Jobs, Enterprise and Innovation if she will address matters in relation to the CETA agreement (details supplied); and if she will make a statement on the matter. [30917/17]

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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69. To ask the Minister for Jobs, Enterprise and Innovation if she will address matters in relation to the CETA agreement (details supplied); and if she will make a statement on the matter. [30979/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 68 and 69 together.

On 15 February 2017, the European Parliament gave its consent to the provisional application of the Comprehensive Economic and Trade Agreement (CETA). Provisional application is a standard part of EU trade agreements and allows only those parts of the agreement for which the EU has competence to be provisionally applied, pending the completion of each Member State’s internal procedures for its ratification.

Provisional application will include the all-important reductions in tariffs on our exports, access to the Canadian procurement market, easing regulatory barriers and ensuring more transparent rules for market access.  The provisions relating to investment protection, investor-state dispute settlement and the Investment Court System are excluded from provisional application. The provisional application of this Agreement shall be by the Union only. This means Ireland or the other Member States will not be bound by these provisions until they are ratified by all Member States in accordance with their national procedures.

In accordance with Articles 29.5.1 and Article 29.5.2 of the Constitution, and pursuant to a Government Decision, CETA will be laid before Dáil Éireann with a motion to approve the Agreement. In addition to the approval of Dáil Éireann, the authority of the Government will be required in order for Ireland to notify of the completion of its internal procedures. Relevant Government Departments will be consulted to ensure that all legislative or administrative steps that may be required have been taken.

The means by which Ireland notifies the completion of its internal procedures is by way of a written letter, delivered in hardcopy, from the Permanent Representative of Ireland to the EU addressed to the Secretary General of the Council of the European Union.

Canada is currently finalising its internal implementation procedures to allow for its ratification of the Agreement. This process is expected to be completed in the near future and should facilitate provisional application by Autumn this year.

In accordance with Article 30.7.2 of CETA, the Agreement shall enter into force on the first of the second month following the date the EU and Canada exchange written notifications certifying that they have completed their respective internal requirements and procedures or on a date agreed by the EU and Canada.  Once all the Member States notify the General Secretariat of the EU that their internal procedures are complete, the General Secretariat of the Council of the EU may then submit a notification to Canada's Department of Foreign Affairs, Trade and Development.

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