Council Decision (EU) 2017/37 of 28 October 2016 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part
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Address https://gelex.eu/eli/EU/decision/2017/37@2016-10-28/en
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 91, Article 100(2), Article 153(2), Article 192(1) and the first subparagraph of Article 207(4), in conjunction with Article 218(5), thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 24 April 2009, the Council authorised the Commission to open negotiations for a Comprehensive Economic and Trade Agreement with Canada.
(2) Those negotiations have been concluded, and the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States of the other part, (the Agreement) should be signed on behalf of the Union, subject to the fulfilment of the procedures required for its conclusion at a later date.
(3) In accordance with Article 30.6(1) of the Agreement, the Agreement does not confer rights or obligations which can be directly invoked before Union or Member State courts or tribunals,
HAS ADOPTED THIS DECISION:
Article 1
The signing, on behalf of the Union, of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one Part, and the European Union and its Member States, of the other Part, is hereby authorised, subject to its conclusion. The text of the Agreement, together with the Joint Interpretative Instrument and the related Statements and Declarations, are attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 28 October 2016. For the Council The President M. Lajčák
Versions
Cited by
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- Council Decision (EU) 2020/681 of 18 May 2020 on the position to be taken on behalf of the European Union in the Committee on Services and Investment established under the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, as regards the adoption of rules for mediation for use by disputing parties in investment disputes Decision · Grade B
Council Decision (EU) 2017/37 provides for the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (the Agreement). The Agreement was signed on 30 October 2016.
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- Council Decision (EU) 2025/703 of 27 March 2025 on the position to be taken on behalf of the European Union within the CETA Joint Committee established under the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, as regards the adoption of a decision setting out supplemental rules on expedited procedures for the resolution of investment disputes between investors and states, in particular for natural persons or small and medium-sized enterprises Decision · Grade B
Recalling Statement No 36 by the European Commission and the Council of the European Union on investment protection and the Investment Court System, entered into the minutes of the Council of the European Union in relation to the signature of the Agreement and annexed to Council Decision (EU) 2017/37 of 28 October 2016, including the commitment that there will be better and easier access to the Agreement’s investment dispute resolution mechanism for the most vulnerable users, namely small and medium-sized enterprises and private individuals,
- Opinion 1/17 of the Court (Full Court) 30 April 2019 Opinion · Grade B
The CETA has not yet been concluded, within the meaning of Article 218(6) TFEU. Recital 2 of Council Decision (EU) 2017/37 of 28 October 2016 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ 2017 L 11, p. 1), states, in that regard, that the CETA should be signed subject to the fulfilment of the procedures required for its conclusion at a later date, and Article 1 thereof provides that the signing, on behalf of the Union, of the CETA is her
- Opinion 1/17 of the Court (Full Court) 30 April 2019 Opinion · Grade B
There is thus envisaged, as indicated in Statement No 36 by the Commission and the Council on investment protection and the Investment Court System, entered into the Council minutes in relation to the signature of the CETA and annexed to Decision 2017/37 (OJ 2017 L 11, p. 20; Statement No 36), the establishment of an Investment Court System, also known under the acronym ICS, of which the CETA Tribunal and Appellate Tribunal are to constitute only the first stage.
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