I propose to take Questions Nos. 928 and 946 together.
The EU-Canada Comprehensive Economic Trade Agreement (CETA) is a new generation agreement that will remove tariffs between the EU and Canada and will create sizeable new market access opportunities in services and investment. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors.
CETA will save on duty costs as 99.6% of all industrial tariffs will be eliminated on entry into force. Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms.
Given the position taken by Ireland and other Member States, the EU Commission has submitted CETA to the Council for decision as a mixed agreement, that is, one requiring both EU and individual Member States' ratification. Following a decision by the Council with the consent of the European Parliament, it will be possible to provisionally apply CETA.
Provisional application is a standard process in Free Trade Agreements which provides for the coming into effect of those areas over which the EU has competence. Provisional application will not apply to those areas over which Member States have competence including investment protection and investment dispute settlement. Accordingly, I support provisional application as I am keen to see Irish firms enjoy the tariff free benefits and new business opportunities as soon as possible.
In accordance with Article 218(8) of the Treaty on the Functioning of the European Union, the full entering into force of CETA will be subject, in the first instance, to a decision by the EU, through a Council decision with the consent of the Parliament, and secondly by the approval of all Member States through the relevant national ratification procedures. This means that Dáil Éireann will be part of the final decision to ratify CETA.
The provisions of the CETA on investment dispute resolution relate solely to the CETA as a multinational trade agreement. International trade agreements are not part of domestic law. This is why separate adjudication arrangements are required in the event of disputes under the agreement.
