Written answers

Thursday, 23 November 2017

Department of Jobs, Enterprise and Innovation

Comprehensive Economic and Trade Agreement

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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18. To ask the Minister for Jobs, Enterprise and Innovation her views regarding the CETA trade agreement between the EU and Canada in respect of the possibility of undermining regulatory standards; her plans to seek ratification of CETA; and if she will make a statement on the matter. [49590/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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CETA will not undermine the regulatory standards in Ireland or the EU that benefit our citizens.  It will not affect the right of governments to regulate in the public interest. The Agreement includes provisions to ensure governments’ “right to regulate”. CETA will not affect EU rules on food safety or the environment. The Agreement explicitly excludes workers’ rights, environmental rights, health and safety regulations or similar public policy measures.

Indeed, in CETA, the EU and Canada reaffirm their commitment to sustainable development and agree that further trade and investment should strengthen, not weaken, environmental protection and labour rights. 

Both the EU and Canada want CETA to help ensure that economic growth, social development, and environmental protection reinforce each other. Therefore, CETA includes the EU's and Canada's obligations under international agreements on workers' rights and environmental and climate protection.

When it comes to implementing the EU's and Canada's commitments in these areas, CETA gives a strong oversight role to civil society, including business associations, trade unions, consumer bodies, environmental groups and other non-governmental organisations.

CETA will establish a Regulatory Cooperation Forum to discuss regulatory policy issues of mutual interest and develop bilateral cooperation activities. By fostering cooperation earlier in the regulatory process, the Forum will enhance information sharing between Canadian and EU regulators, facilitate the development of more compatible regulatory measures, resulting in fewer barriers to trade, and making it easier for the EU to do business in Canada.

The Regulatory Cooperation Forum will be a voluntary cooperation mechanism and any initiative entailing a change in EU regulations can only be introduced and pursued outside CETA, in compliance with the ordinary EU legislative procedure.

Regarding the ratification of CETA, It is important to note that the provisions relating to investment protection and the Investment Court System (ICS) are excluded from provisional application.  Member States will not be bound by these provisions until they are ratified by all Member States in accordance with their national procedures.  In this regard, I have no immediate plans to ratify the Agreement given the Opinion of the Court of Justice of the European Union in the EU-Singapore case and the recent request by Belgium for an opinion from that Court on the compatibility of the Investment Court System with the European Treaties.

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