Considerations on COM(2023)708 - EU position in the CETA Joint Committee established under the Comprehensive Economic and Trade Agreement (CETA) with Canada, as regards the adoption of a decision on the interpretation of Article 8.10, Annex 8-A, Article 8.9.1 and Article 8.39.3 of CETA in accordance with Article 26.1.5(e) of CETA

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dossier COM(2023)708 - EU position in the CETA Joint Committee established under the Comprehensive Economic and Trade Agreement (CETA) with Canada, ...
document COM(2023)708 EN
date January 29, 2024
 
table>(1)Council Decision (EU) 2017/37 (1) provides for the signing on behalf of the European Union 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 (2) (‘the Agreement’). The Agreement was signed on 30 October 2016.
(2)Council Decision (EU) 2017/38 (3) provides for the provisional application of parts of the Agreement. The Agreement has been provisionally applied since 21 September 2017.

(3)Pursuant to Article 26.1.5(e) of the Agreement, the CETA Joint Committee has the power to adopt interpretations of the provisions of the Agreement, which are to be binding on tribunals established under Section F of Chapter Eight (Resolution of investment disputes between investors and states) and Chapter Twenty-Nine (Dispute Settlement) of the Agreement.

(4)Pursuant to Rule 10(3) of its Rules of Procedure attached to Council Decision (EU) 2018/1062 (4), the CETA Joint Committee has the power to adopt Interpretations of the Agreement.

(5)The CETA Joint Committee is to adopt, by written procedure, an Interpretation of Article 8.10, Annex 8-A, Article 8.9 and Article 8.39 of the Agreement.

(6)It is therefore appropriate to establish the position to be adopted on the Union’s behalf within the CETA Joint Committee on the basis of the attached draft Interpretation of the CETA Joint Committee, as it clarifies Article 8.10, Annex 8-A, Article 8.9 and Article 8.39 of the Agreement,