Joint Interpretative Instrument on the Comprehensive Economic and Trade Agreement (CETA) between Canada & the European Union and its Member States

1. Preamble

2. Right to regulate

CETA preserves the ability of the European Union and its Member States and Canada to adopt and apply their own laws and regulations that regulate economic activity in the public interest, to achieve legitimate public policy objectives such as the protection and promotion of public health, social services, public education, safety, the environment, public morals, social or consumer protection, privacy and data protection and the promotion and protection of cultural diversity.

3. Regulatory cooperation

CETA provides Canada and the European Union and its Member States with a platform to facilitate cooperation between their regulatory authorities, with the objective of achieving better quality of regulation and more efficient use of administrative resources. This cooperation will be voluntary: regulatory authorities can cooperate on a voluntary basis but do not have an obligation to do so, or to apply the outcome of their cooperation.

4. Public Services

5. Social Security or Insurance

Canada and the European Union and its Member States may regulate the provision of public services such as social security and insurance in the public interest. The European Union and its Member States and Canada confirm that compulsory social security and insurance schemes are excluded from the Agreement pursuant to Article 13.2(5) or are exempted from liberalisation obligations of the Agreement on the basis of the reservations the European Union and its Member States and Canada have taken on social and health services.

6. Investment Protection

7. Trade and Sustainable Development

8. Labour Protection

9. Environmental Protection

10. Review and Stakeholder Consultation

11. Water

CETA does not oblige Canada or the European Union and its Member States to permit the commercial use of water if they do not wish to do so. CETA fully preserves their ability to decide how to use and protect water sources. Furthermore, CETA will not prevent the reversal of a decision to allow the commercial use of water.

12. Government Procurement

CETA maintains the ability of procuring entities within the European Union and its Member States and Canada, in accordance with their respective legislation, to use environmental, social and labour-related criteria, such as the obligation to comply with and adhere to collective agreements, in procurement tenders. Canada and the European Union and its Member States will be able to use such criteria in their procurement in a way that is not discriminatory and does not constitute an unnecessary obstacle to international trade. They will be able to continue to do so under CETA.

13. Benefits for Small and Medium Sized Enterprises

CETA also provides benefits to small and medium sized enterprises (SME's) for whom trying to meet the cost requirements of customers is a constant challenge. CETA will address this issue by: allowing virtually all manufactured goods to be exported duty-free; reducing processing times at the border and making the movement of goods cheaper, faster, more predictable and efficient; reducing regulatory hurdles, in particular with the possibility to have their products tested and certified to Canadian standards within the EU and vice-versa; facilitating the movement of service providers such as contract suppliers, independent professionals, and short-term business visitors, so that SMEs can more easily meet with clients and offer after-sales servicing; and greatly expanding access to government procurement opportunities for SMEs at the central, sub-central and local government levels. Small farmers will equally benefit by easier access to markets and better selling opportunities, including for distinctive quality products.

14. Preferences for Canada’s Aboriginal Peoples

In CETA Canada has included exceptions and carve-outs to ensure its ability to adopt measures that preserve rights and preferences for Aboriginal peoples. Canada is committed to active engagement with Indigenous partners to ensure the ongoing implementation of CETA continues to reflect their interests.

Concordance Table – Joint Interpretative Instrument referenced to CETA text

This table is meant to assist in the interpretation of CETA, by relating the statement of the intention of the Parties in this Instrument with the relevant provisions of CETA. The below list of references is meant to be as complete as possible but is non-exhaustive.

Concordance Table – Joint Interpretative Instrument referenced to CETA text
Recital Joint Interpretative InstrumentReference CETA Text
1. Preamble
1.c) and d)
CETA Preamble, Art. 5.4, Art. 6.1.5, Art. 21.2.1, Art. 21.2.2, Art. 22.1, Art 23.3, Art. 23.4, Art. 24.3, Art. 24.4, Art. 24.5 and Art. 28.3
2. Right to RegulateCETA Preamble, Art. 5.4, Art. 6.1.5, Art. 8.9, Annex 8-A, Art. 21.2.1, Art. 21.2.2, Art. 22.1, Art. 23.3, Art. 23.4, Art. 24.3, Art. 24.4, Art. 24.5 and Art. 28.3 
3. Regulatory Co-operationArt. 21.2.6
4. Public ServicesArt. 8.2.2 (b), Art. 8.9, Art. 8.15, Art. 9.2.2 (a) (b)( f) and (g), Art. 9.7, Art. 13.2.5, Art. 13.10, Art.13.16, Art. 13.17, Art. 28.3, Annex I Reservations and Annex II Reservations
5. Social Security or InsuranceArt. 13.2.5, Art. 13.10, Art. 28.3 Annex I Reservations and Annex II Reservations

6. Investment Protection
6. a)
6. b)
6. c)
6. d)
6. e)
6. f)
6. g)
6. h)
6. i)

Preamble, Art. 8.2.2 (b), Art. 8.36, Art. 8.6, Art. 8.9, Annex 8-A, Art. 8.22.1 (f, g) and Art. 28.3
Art. 8.9.1, 8.12, Annex 8- A and Art. 8.39.3
Art. 8.9, Art. 8.10, Art. 8.11, Art. 8.12 and Annex 8- A
Art. 8.1 and Art. 8.18.3,
Art 8.31.3
Art. 8.27, Art. 8.28, Art. 8.30 and Art. 8.44
Art. 8.28
Art. 8.31.3 and Art.8.44.3
Art. 8.29
7. b) Trade and Sustainable DevelopmentArt. 22.1, Chapters 23 and 24
8. Labour Protection
8. a)
8. b)
8. c)
Art. 23.2, Art. 23.3.1, Art. 23.4.2, Art. 23.4.3
Art. 23.3.4
Art. 23.7 and Art. 23.8
9. Environmental Protection
9. a)
9. b)
9. c)
Art. 24.3
Art. 24.3 and Art. 24.5
Art. 24.10, Art. 24.11 and Art. 24.12
10. Review and Stakeholder Consultation
10. a)

10. b)

Art. 22.3.3, Art. 22.4, Art. 23.8, Art. 23.9, Art. 23.10 and Art. 23.11
Art. 22.1.3, Art. 22.4.3, Art. 22.4.4, Art. 23.6, Art. 23.8.4, Art. 24.13, Art. 24.14, Art. 24.15, Art. 24.16 and Art. 24.7,
11. WaterArt. 1.9
12. Government ProcurementArt. 19.9.6 and Art. 19.3.2
13. Benefits for SME'sAnnex 2- A, Chapter 4, Chapter 6, Chapter 19, Chapter 20-subsection C
14. Preferences for Canada's Aboriginal PeoplesArt. 12.2.2 and relevant Canadian reservations
Date Modified: