(12 October 2016) Discussions taking place among Member States, Canada and the European Commission on a possible ‘interpretative Declaration’ to address concerns about CETA should not be used to get around the real question – is CETA a balanced agreement? The authors highlight eight areas where there are outstanding causes for concern within the CETA with a plea to EU Member State, the Canadian Government and European Parliament not to ratify the EU-Canada Trade Agreement. In summary, the key concerns are:
1. The Investment Court System poses a threat to health
2. It is doubtful if the Declaration is the best way to tackle CETA’s problems
3. The Interpretative Declaration is at best irrelevant and at worst deceitful
4. The Declaration could put Member States in a political straightjacket
5. CETA has never doubted the right to regulate, the real issue is that CETA will affect how this can be done and on what basis
6. The negative listing approach remains problematic, despite reassurances in the Declaration that public services are protected
7. Trade and sustainable development, labour and environmental protection, water and stakeholder consultation
8. Government procurement protections are weak and unsubstantiated
The authors point out that these concerns are not resolved in the latest draft Declraration. While the European Commission has confirmed that it wants the intepretative declaration to have legal vaule (citing Article 31 of the Veinna Convention) it has also said that the text of CETA will no tbe changed. With this in mind EPSU and health groups do not see how a Declaration can be a step forward.
A final text of the interpretative declaration is expected in the next days.
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