I propose to take Questions Nos. 187 to 191, inclusive, 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 open access to public procurements opportunities, open up markets for services and offer predictable conditions for investors. It is a matter of regret that one Member State was not in a position to approve the provisional application of this Agreement. CETA has the potential to provide new market opportunities in many sectors for Irish firms.
The draft Council on the provisional application of CETA is publicly available through the website of the Council of the European Union http://data.consilium.europa.eu/doc/document/ST-10974-2016-INIT/en/pdf. The deputy will note from the draft decision that it is not proposed to provisionally apply investment protection or investment dispute resolution provisions. 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. 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.
The full entering into force of the agreement 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. In this regard, Dáil Eireann will be a part of the final decision to ratify CETA in accordance with Article 29.5.2 of the Constitution.
To meet the political concerns of certain Member States, the EU and Canada developed a legally binding Joint Interpretative Declaration to provide further assurances in relation to public services, labour rights, environmental protection and investment.
Article 7 of the Aarhus Convention requires Parties to provide public participation during preparation of plans, programmes and policies relating to the environment. CETA does not give the EU or Canada the power to change each other's regulations, nor prevent either from introducing new environmental legislation.