Dáil Éireann Debate, Thursday - 23 November 2023
44. Deputy Rose Conway-Walsh asked the Minister for Enterprise, Trade and Employment the procedure for triggering the human rights clauses in EU trade agreements; and if he will make a statement on the matter. [50157/23]
View answerAs the Deputy will be aware, under the EU treaties, trade policy is an exclusive competence of the EU which acts on behalf of Member States in relation to international trade policy including the negotiation and establishment of free trade agreements with third countries.
The obligation to respect human rights is, in principle, established as an essential element in agreements the EU has concluded with third countries. The specific steps required for triggering such a clause have to be considered with regard to the specific terms of each agreement concerned.
In general, a violation of an essential elements clause allows a Party to suspend an Agreement wholly or partially, following a notification with the other Party and possibly consultations within a joint body established under the agreement.
Any proposal to trigger a human rights clause with the view to suspending an Agreement would need to be supported by a qualified majority of Member States, at Council. Individual Member States cannot act unilaterally in this regard.
