CETA-Canada/EU Trade Agreement

CETA is the Comprehensive and Economic Trade Agreement made between the European Union and Canada published in full.

 

Map of Canada

 

The Comprehensive and Economic Trade Agreement, or CETA, is a trade deal between the EU and Canada. It aims to boost trade and help generate growth and jobs.
CETA will:

  • lower customs tariffs and other barriers to trade between the EU and Canada
  • uphold Europe’s high standards in areas like food safety, workers’ rights and the environment
  • respect democracy
CETA explained
Disclaimer

The content of this webpage is made available for informational purpose. The texts published on the council website remain the only official source.

 

 

CHAPTER ONE – GENERAL DEFINITIONS AND INITIAL PROVISIONS

This chapter explains the terms used in the agreement. This is so Canadian and European partners have a common understanding of the language used in the agreement.

SECTION A – General definitions

 Definitions of general application
 Party-specific definitions
 Geographical scope of application

SECTION B – Initial provisions

 Establishment of a free trade area
 Relation to the WTO Agreement and other agreements
 Reference to other agreements
 Reference to laws
 Extent of obligations
 Rights and obligations relating to water
 Persons exercising delegated governmental authority

 

CHAPTER TWO – NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

This chapter describes how CETA will lower or remove duties, taxes or other import fees for goods between the EU and Canada. CETA will remove most of these when it enters into force, and a few others more gradually. Both the EU and Canada commit to treating the goods they import from each other no less favourably than goods made domestically.

The chapter also outlines certain restrictions and controls that CETA will put or keep in place, such as to protect both sides’ rights as WTO members or ensure the origin of the goods they import.

 Objective
 Scope
 National treatment
 Reduction and elimination of customs duties on imports
 Restriction on duty drawback, duty deferral and duty suspension programs
 Duties, taxes or other fees and charges on exports
 Standstill
 Temporary suspension of preferential tariff treatment
 Fees and other charges
 Goods re-entered after repair or alteration
 Import and export restrictions
 Other provisions related to trade in goods
 Committee on trade in goods

 

CHAPTER THREE – TRADE REMEDIES

In this chapter the EU and Canada reconfirm their rights and commitments under World trade Organization rules. These rules mean that each World trade Organization member can counteract the negative effects of unfair trade practices on their domestic industry, for example if another member ‘dumps’ goods on its market at below the cost of production, or subsidises production of those goods.

The chapter also includes:

  • rules on transparency including:
    • investigations launched into possible cases of unfair trade practices
    • measures taken to counter them
  • mechanisms for consultation and information sharing to avoid these from occurring.

SECTION A – Anti-dumping and countervailing measures

 General provisions concerning anti-dumping and countervailing measures
 Transparency
 Consideration of public interest and lesser duty

SECTION B – Global safeguard measures

 General provisions concerning global safeguard measures
 Transparency
 Imposition of definitive measures

SECTION C – General provisions

 Exclusion from dispute settlement

 

CHAPTER FOUR – TECHNICAL BARRIERS TO TRADE

In this chapter, the EU and Canada commit to working more closely together on technical regulations for testing and certifying products. The aim is to enable regulators to:

  • exchange experiences and information
  • identify areas where they could cooperate more closely

This cooperation is voluntary. It can’t in any way force the EU or Canada to lower their standards.

 Scope and definitions
 Incorporation of the TBT Agreement
 Cooperation
 Technical regulations
 Conformity assessment
 Transparency
 Management of the Chapter

 

CHAPTER FIVE – SANITARY AND PHYTOSANITARY MEASURES

This chapter covers food safety and animal and plant health. Since 1998, the EU and Canada have had a Veterinary Agreement in place. This applies to animals and any products made from them. Under CETA, the provisions of the SPS chapter replace the Veterinary Agreement, but the work that took place under the agreement continues.

This chapter also ensures that measures by either side to ensure food safety and animal and plant health do not create unjustified barriers to trade, but rather facilitate trade.

 Definitions
 Objectives
 Scope
 Rights and obligations
 Adaptation to regional conditions
 Equivalence
 Trade conditions
 Audit and verification
 Export certification
 Import checks and fees
 Notification and information exchange
 Technical consultations
 Emergency SPS measures
 Joint Management Committee for Sanitary and Phytosanitary Measures

 

CHAPTER SIX – CUSTOMS AND TRADE FACILITATION

This chapter aims to streamline customs procedures and make them more efficient. It ensures:

  • transparency – e.g. making customs requirements public, and providing information online
  • streamlined, risk-based procedures – e.g. risk management and pre-arrival processing rather than requiring each shipment offered for entry to be examined
  • certainty and predictability – e.g. a transparent, efficient appeals process, reliable advance rulings on tariff classifications

 

CHAPTER SEVEN – SUBSIDIES

This chapter increases transparency around government subsidies to companies. Both the EU and Canada have to notify each other if they subsidise the production of goods. And they have to provide further information on any subsidies they give to companies providing services, if the other side asks for such information.

In addition, the chapter sets up a mechanism to enable the EU and Canada to consult each other on subsidies that may negatively affect trade between them, and to find solutions if a subsidy is found to do so. The EU and Canada also agree not to subsidise exports of agricultural products to each other’s markets.

 Definition of a subsidy
 Transparency
 Consultations on subsidies and government support
 Consultations on subsidies related to agricultural
 Agriculture export subsidies
 Confidentiality
 Exclusion of subsidies and government support
 Relationship with the WTO Agreement
 Dispute settlement

 

CHAPTER EIGHT – INVESTMENT

This chapter sets out measures to open up investment between the EU and Canada, and protect investors and ensure that governments treat them fairly.

The chapter:

  • removes barriers to foreign investment, such as foreign equity caps or performance requirements
  • allows EU investors to transfer their capital in Canada back to the EU, and vice versa
  • puts in place transparent, stable and predictable rules governing investment
  • guarantees that the government will treat foreign investors fairly
  • sets up a new Investment Court System, or ICS, to enable investors to resolve investment disputes with governments quickly and fairly. For more details on the ICS, click here.

The chapter also confirms the right to regulate at all levels of government.

SECTION A – Definitions and scope

 Definitions
 Scope
 Relation to other chapters

SECTION B – Establishment of investments

 Market access
 Performance requirements

SECTION C – Non-discriminatory treatment

 National treatment
 Most-favoured-nation treatment
 Senior management and boards of directors

SECTION D – Investment protection

 Investment and regulatory measures
 Treatment of investors and of covered investments
 Compensation for losses
 Expropriation
 Transfers
 Subrogation

SECTION E – Reservations and exceptions

 Reservations and exceptions
 Denial of benefits
 Formal requirements

SECTION F – Resolution of investment disputes between investors and states

 Scope
 Consultations
 Mediation
 Determination of the respondent for disputes
 Procedural and other requirements for the submission of a claim to the Tribunal
 Submission of a claim to the Tribunal
 Proceedings under another international agreement
 Consent to the settlement of the dispute by the Tribunal
 Third party funding
 Constitution of the Tribunal
 Appellate Tribunal
 Establishment of a multilateral investment tribunal and appellate mechanism
 Ethics
 Applicable law and interpretation
 Claims manifestly without legal merit
 Claims unfounded as a matter of law
 Interim measures of protection
 Discontinuance
 Transparency of proceedings
 Information sharing
 Non-disputing Party
 Final award
 Indemnification or other compensation
 Enforcement of awards
 Role of the Parties
 Consolidation
 Committee on Services and Investment
 Exclusion

 

CHAPTER NINE – CROSS-BORDER TRADE IN SERVICES

This chapter makes it easier for EU individuals and companies to provide services to Canadian customers, and vice versa. It covers:

  • services such as legal services, accountancy, transport & telecom services, supplied from the EU into Canada, and vice versa
  • services such as tourism, where a Canadian consumer has to move physically from Canada to the EU to consume that service, and vice versa.

The EU and Canada commit to ensuring fair, equal access to each other’s services markets. In certain service industries the EU and Canada have made exceptions because, for example, the sectors in question – such as audio-visual services, certain aviation services – are sensitive. In addition, this chapter fully upholds governments’ ability to regulate and supply services in the public interest.

 

CHAPTER TEN – TEMPORARY ENTRY AND STAY OF NATURAL PERSONS FOR BUSINESS PURPOSES

This chapter provides legal certainty for trained workers, who temporarily enter the EU or Canada to do business. It states in a transparent, predictable way:

  • the types of professional covered, and the sectors in which they can operate
  • the maximum length of their stay
  • that EU professionals will enjoy equal treatment in Canada and vice versa.
 Definitions
 Objectives and scope
 General obligations
 Provision of information
 Contact points
 Obligations in other chapters
 Key personnel
 Contractual services suppliers and independent professionals
 Short-term business visitors
 Review of commitments

 

CHAPTER ELEVEN – MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

This chapter creates a framework that would allow Canada to recognise professional qualifications earned in the EU, and vice versa. This would mean professionals on both sides of the Atlantic could practise in each other’s territory. CETA leaves it to the relevant authorities or professional bodies in both the EU and Canada to negotiate a proposal on so-called mutual recognition that can then be integrated into CETA.

 Definitions
 Objectives and scope
 Negotiation of an MRA
 Recognition
 Joint Committee on Mutual Recognition of Professional Qualifications
 Guidelines for the negotiation and conclusion of MRAs
 Contact points

 

CHAPTER TWELVE – DOMESTIC REGULATION

This chapter ensures that all regulations which the EU and Canada issue are publicly available, easily understandable, and reasonable. This is to ensure that domestic regulations in the other territory don’t act as an unfair barrier to trade for EU or Canadian businesses. In some cases the authorities in the EU or Canada might grant a licence to a company or an individual to supply a service or pursue a particular economic activity. In other cases they might impose qualification requirements.

In either case, they must do so punctually and consistently. This chapter excludes some areas of regulation, such as water distribution or other public services.

 Definitions
 Scope
 Licensing and qualification requirements and procedures

 

CHAPTER THIRTEEN – FINANCIAL SERVICES

This chapter enables financial institutions and investors in the EU and Canada to benefit from fair, equal access to each other’s markets. Certain conditions apply, and the provisions comply fully with the prudential and regulatory standards in place in the EU and Canada. In addition, financial services firms can only offer their services cross-border in a limited number of sectors, such as certain insurance and banking services.

This chapter also creates a Financial Services Committee to help both parties supervise and regulate the sector. The chapter allows the EU and Canada to protect the security and integrity of their respective financial systems. And it excludes areas such as pensions and social security.

 Definitions
 Scope
 National treatment
 Most-favoured-nation treatment
 Recognition of prudential measures
 Market access
 Cross-border supply of financial services
 Senior management and boards of directors
 Performance requirements
 Reservations and exceptions
 Effective and transparent regulation
 Self-regulatory organisations
 Payment and clearing systems
 New financial services
 Transfer and processing of information
 Prudential carve-out
 Specific exceptions
 Financial Services Committee
 Consultations
 Dispute settlement
 Investment disputes in financial services

 

CHAPTER FOURTEEN – INTERNATIONAL MARITIME TRANSPORT SERVICES

This chapter establishes the framework for regulating the maritime transport market between the EU and Canada. It includes measures to ensure fair and equal access to ports and port services for commercial ships. It also provides definitions so that the commitments made are clear.

 

CHAPTER FIFTEEN – TELECOMMUNICATIONS

In this chapter the EU and Canada commit to giving each other’s businesses fair and equal access to public telecommunications networks and services. It includes rules to ensure competition in the telecommunications market. And it confirms customers’ right to:

  • keep their number when switching providers and
  • receive telecommunications services in remote areas
 Definitions
 Scope
 Access to and use of public telecommunications transport networks or services
 Competitive safeguards on major suppliers
 Access to essential facilities
 Interconnection
 Authorisation to supply telecommunications services
 Universal service
 Scarce resources
 Number portability
 Regulatory authority
 Resolution of telecommunication disputes
 Transparency
 Forbearance
 Relation to other chapters

 

CHAPTER SIXTEEN – ELECTRONIC COMMERCE

This chapter covers any business done electronically (e.g. online shopping). It includes rules that ensure that personal information on the internet is protected and that online services will not include customs duties. Canada and the EU also promise to cooperate on issues related to e-commerce, for instance on combatting spam.

 Definitions
 Objective and scope
 Customs duties on electronic deliveries
 Trust and confidence in electronic commerce
 General provisions
 Dialogue on electronic commerce
 Relation to other chapters

 

CHAPTER SEVENTEEN – COMPETITION POLICY

In this chapter the EU and Canada agree to prohibit and sanction practices which distort competition and trade. These include:

  • cartels
  • abusive behaviour by companies with a dominant market position
  • anti-competitive mergers.

Both sides will respect rules to ensure they act fairly and transparently when applying their competition laws and pursuing investigations into companies which might be breaking them. They also recognise the importance of cooperation between their respective competition authorities.

 Definitions
 Competition policy
 Application of competition policy to enterprises
 Dispute settlement

 

CHAPTER EIGHTEEN – STATE ENTERPRISES, MONOPOLIES, AND ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES

In this chapter the EU and Canada agree not to intervene in or potentially distort the level playing field for private companies. Both sides will ensure that state-owned enterprises, monopolies, and enterprises granted special rights will not discriminate against goods, services, or investments from the other party.

This ensures that competition between private and state-owned companies will not be negatively affected. The rules ensure that both parties have the full freedom of choice in the way they provide public services to their citizens.

 Definitions
 Scope
 State enterprises, monopolies and enterprises granted special rights or privileges
 Non-discriminatory treatment
 Commercial considerations

 

CHAPTER NINETEEN – GOVERNMENT PROCUREMENT

This chapter specifies the areas where EU and Canadian businesses can provide goods and services to each other’s governments, at every level of government – national, regional and provincial, and local. For this to happen, businesses must meet specific rules on:

  • the value of the goods, services, or contract involved
  • who the customer is
  • the goods and services that are allowed (in the appendix)
 Definitions
 Scope and coverage
 Security and general exceptions
 General principles
 Information on the procurement system
 Notices
 Conditions for participation
 Qualification of suppliers
 Technical specifications and tender documentation
 Time-periods
 Negotiation
 Limited tendering
 Electronic auctions
 Treatment of tenders and awarding of contracts
 Transparency of procurement information
 Disclosure of information
 Domestic review procedures
 Modifications and rectifications to coverage
 Committee on Government Procurement

 

CHAPTER TWENTY – INTELLECTUAL PROPERTY

This chapter builds on existing international intellectual property (IP) laws to develop regulations and standards that are consistent between the EU and Canada. The chapter also outlines procedures to protect against IP violations, and defines areas where both parties can cooperate further.

SECTION A – General Provisions

 Objectives
 Nature and scope of obligations
 Public health concerns
 Exhaustion
 Disclosure of information

SECTION B – Standards Concerning Intellectual Property Rights

 Definition

Sub-section A – Copyright and related rights

 Protection granted
 Broadcasting and communication to the public
 Protection of technological measures
 Protection of rights management information
 Liability of intermediary service providers
 Camcording

Sub-section B – Trademarks

 International agreements
 Registration procedure
 Exceptions to the rights conferred by a trademark

Sub-section C – Geographical Indications

 Definitions
 Scope
 Listed geographical indications
 Protection for geographical indications listed in Annex 20-A
 Homonymous geographical indications
 Exceptions
 Amendments to Annex 20-A
 Other protection

Sub-section D – Designs

 International agreements
 Relationship to copyright

Sub-section E – Patents

 International agreements
 Sui generis protection for pharmaceuticals
 Patent linkage mechanisms relating to pharmaceutical products

Sub-section F – Data Protection

 Protection of undisclosed data related to pharmaceutical products
 Protection of data related to plant protection products

Sub-section G – Plant Varieties

 Plant varieties

SECTION C – Enforcement of Intellectual Property Rights

 General obligations
 Entitled applicants
 Evidence
 Measures for preserving evidence
 Right of information
 Provisional and precautionary measures
 Other remedies
 Injunctions
 Damages
 Legal costs
 Presumption of authorship or ownership

SECTION D – Border Measures

 Scope of border measures
 Application by the right holder
 Provision of information from the right holder
 Security or equivalent assurance
 Determination as to infringement
 Remedies
 Specific cooperation in the area of border measures

SECTION E – Co-operation

 Co-operation

 

CHAPTER TWENTY-ONE – REGULATORY COOPERATION

This chapter builds on an existing agreement between the EU and Canada on regulatory cooperation. This chapter encourages regulators to exchange experiences and information, and identify areas where they could cooperate. All cooperation is voluntary and regulators in the EU and Canada retain their power to adopt legislation.

 Scope
 Principles
 Objectives of regulatory cooperation
 Regulatory cooperation activities
 Compatibility of regulatory measures
 The Regulatory Cooperation Forum
 Further cooperation between the Parties
 Consultations with private entities
 Contact points

 

CHAPTER TWENTY-TWO – TRADE AND SUSTAINABLE DEVELOPMENT

In this chapter the EU and Canada recognise that economic growth, social development and environmental protection are interlinked. Both sides agree to ensure economic growth supports their social and environmental goals. The chapter also creates a Joint Committee on Trade and Sustainable Development, and commits both sides to promoting forums with interest groups.

 Context and objectives
 Transparency
 Cooperation and promotion of trade supporting sustainable development
 Institutional mechanisms
 Civil Society Forum

 

CHAPTER TWENTY-THREE – TRADE AND LABOUR

In this chapter the EU and Canada commit to respecting the labour standards set by the International Labour Organization), and to ratifying and implementing the international Labour Organization’s fundamental conventions. The chapter protects each side’s right to regulate on labour matters. It prevents either side from ignoring or lowering labour standards to boost trade. It ensures that non-governmental organisations are involved in implementing the chapter’s provisions. It promotes cooperation with the ILO. And it establishes a mechanism for ensuring both sides put the chapter’s provisions into practice (enforcement mechanism).

 Context and objectives
 Right to regulate and levels of protection
 Multilateral labour standards and agreements
 Upholding levels of protection
 Enforcement procedures, administrative proceedings
 Public information and awareness
 Cooperative activities
 Institutional mechanisms
 Consultations
 Panel of Experts
 Dispute resolution

 

CHAPTER TWENTY-FOUR – TRADE AND ENVIRONMENT

This chapter commits the EU and Canada to putting into practice international environmental agreements.  It:

  • protects each side’s right to regulate on environmental matters
  • requires each side to enforce its domestic environmental laws
  • prevents either side from relaxing their laws to boost trade.

The chapter also encourages conservation and sustainable management of forests and fisheries. It also ensures the involvement of non-government groups.

 Definition
 Context and objectives
 Right to regulate and levels of protection
 Multilateral environmental agreements
 Upholding levels of protection
 Access to remedies and procedural guarantees
 Public information and awareness
 Scientific and technical information
 Trade favouring environmental protection
 Trade in forest products
 Trade in fisheries and aquaculture products
 Cooperation on environment issues
 Institutional mechanisms
 Consultations
 Panel of Experts
 Dispute resolution

 

CHAPTER TWENTY-FIVE – BILATERAL DIALOGUES AND COOPERATION

In this chapter the EU and Canada agree to work more closely with each other in areas such as science and forestry. There are already several agreements on dialogue and cooperation on trade and economic matters between the EU and Canada. The chapter incorporates these into CETA so that all such activity has the same basis.

 Objectives and principles
 Dialogue on Biotech Market Access Issues
 Bilateral Dialogue on Forest Products
 Bilateral Dialogue on Raw Materials
 Enhanced cooperation on science, technology, research and innovation

 

CHAPTER TWENTY-SIX – ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS

This chapter outlines how the EU and Canada will manage and apply CETA. It explains how the EU and Canada should organise the different committees that the agreement sets up, and the legal nature of their decisions.

 

CHAPTER TWENTY-SEVEN – TRANSPARENCY

This chapter makes sure the EU and Canada publish the laws, regulations, procedures and administrative rulings on matters which CETA covers, and make them available to those who are interested. It also ensures that both the EU and Canada promptly share information and respond to questions on measures affecting the way they implement CETA. The EU and Canada also agree to co-operate in international bodies to promote transparency in international trade and investment.

 Publication
 Provision of information
 Administrative proceedings
 Review and appeal
 Cooperation on promoting increased transparency

 

CHAPTER TWENTY-EIGHT – EXCEPTIONS

This chapter gives the EU and Canada the right to exclude certain areas, either from specific chapters of CETA, or from the whole agreement. They can do so for a variety of reasons, such as to ensure public safety, prevent tax evasion, or to preserve and promote cultural identity.

 Definitions
 Party-specific definitions
 General exceptions
 Temporary safeguard measures with regard to capital movements and payments
 Restrictions in case of serious balance of payments and external financial difficulties
 National security
 Taxation
 Disclosure of information
 Exceptions applicable to culture
 WTO waivers

 

CHAPTER TWENTY-NINE – DISPUTE SETTLEMENT

This chapter provides a system for resolving any disputes between the EU and Canada about the way in which they apply or interpret CETA. If differences do arise, the two sides must first communicate clearly and promptly with each other to try to resolve them quickly. They must also consult experts on the issue. Only if those efforts are fruitless can they resort to the formal procedure which this chapter sets out.

This chapter also explains the procedures both sides must follow to resolve a formal dispute. And it gives the option of using an independent mediator to oversee the process.

SECTION A – Initial provisions

 Cooperation
 Scope
 Choice of forum

SECTION B – Consultations and mediation

 Consultations
 Mediation

SECTION C – Dispute settlement procedures and compliance

Sub-section A – Dispute settlement procedures

 Request for the establishment of an arbitration panel
 the requesting Party may refer the matter to an arbitration panel by providing its written request for
 Composition of the arbitration panel
 List of arbitrators
 Interim panel report
 Final panel report
 Urgent proceedings

Sub-section B – Compliance

 Compliance with the final panel report
 Reasonable period of time for compliance
 Temporary remedies in case of non-compliance
 Review of measures taken to comply after the suspension of obligations

SECTION D – General Provisions

 Rules of procedure
 General rule of interpretation
 Rulings of the arbitration panel
 Mutually agreed solutions

 

CHAPTER THIRTY – FINAL PROVISIONS

This chapter includes rules on:

  • how the agreement can enter into force
  • how to incorporate new EU Member States into the agreement after it is signed
  • how the agreement can be amended or ended in the future.
 Integral parts of this Agreement
 Amendments
 Preference utilisation
 Current account
 Movement of capital
 Private rights
 Entry into force and provisional application
 Termination, suspension or incorporation of other existing agreements
 Termination
 Accession of new Member States of the European Union
 Authentic texts

 

ANNEXES

  1. For the following goods of HS Chapter 89, regardless of their origin, that re-enter the territory of Canada from the territory of the European Union, and are registered under the Canada Shipping Act, 2001, Canada may apply to the value of repair or alteration of such goods, the rate of customs duty for such goods in accordance with its Schedule included in Annex 2-A (Tariff Elimination): 8901.10.10, 8901.10.90, 8901.30.00, 8901.90.10, 8901.90.91, 8901.90.99, 8904.00.00, 8905.20.19, 8905.20.20, 8905.90.19, 8905.90.90, 8906.90.19, 8906.90.91, 8906.90.99. 
  2. The European Union will implement this paragraph through the outward processing procedure in Regulation (EU) No 952/2013 in a manner consistent with this paragraph. 
  3. The European Union will implement this paragraph through the inward processing procedure in Regulation (EU) No 952/2013 in a manner consistent with this paragraph. 
  4. For the purpose of this Article, interested parties are defined as per Article 6.11 of the Anti-Dumping Agreement and Article 12.9 of the SCM Agreement. 
  5. For greater certainty, the obligations of this Chapter apply to the Exclusive Economic Zones and Continental Shelves, as provided in the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982: (a) of Canada as referred to in Article 1.3(a) (Geographical scope of application); and (b) to which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied as referred to in Article 1.3(b) (Geographical scope of application). 
  6. For greater certainty, a Party may maintain measures with respect to the establishment or acquisition of a covered investment and continue to apply such measures to the covered investment after it has been established or acquired. 
  7. These services include services when an aircraft is being used to carry out specialised activities in sectors including agriculture, construction, photography, surveying, mapping, forestry, observation and patrol, or advertising, if the specialised activity is provided by the person that is responsible for the operation of the aircraft. 
  8. Sub-subparagraphs 1(a) (i), (ii) and (iii) do not cover measures taken in order to limit the production of an agricultural good. 
  9. In the case of the European Union, “subsidy” includes “state aid” as defined in its law. 
  10. In the case of the European Union, “competent authority” is the European Commission, in accordance with Article 108 of the Treaty on the Functioning of the European Union. 
  11. Either Party may instead propose to appoint up to five Members of the Tribunal of any nationality. In this case, such Members of the Tribunal shall be considered to be nationals of the Party that proposed his or her appointment for the purposes of this Article. 
  12. For greater certainty, the fact that a person receives remuneration from a government does not in itself make that person ineligible. 
  13. These services include services when an aircraft is being used to carry out specialised activities in sectors including agriculture, construction, photography, surveying, mapping, forestry, observation and patrol, or advertising, if the specialised activity is provided by the person that is responsible for the operation of the aircraft. 
  14. The length of stay permitted under this Chapter may not be taken into consideration in the context of an application for citizenship in a Member State of the European Union. 
  15. This is without prejudice to the rights granted to Canada under bilateral visa waivers by Member States of the European Union 
  16. The professional experience must have been obtained after having reached the age of majority. 
  17. If the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory. The Parties shall apply Annex 10-C, subject to the reservations in Annex 10-E, for the purposes of assessing such equivalence. 
  18. For greater certainty, the natural person must be engaged by the enterprise for the fulfilment of the services contract pursuant to which temporary entry is sought. 
  19. If the degree or qualification was not obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory. The Parties shall apply Annex 10-C, subject to the reservations in Annex 10-E, for the purposes of assessing such equivalence. 
  20. This is without prejudice to the rights granted under bilateral visa waivers by Member States of the European Union. 
  21. With the exception of Malta. 
  22. This Chapter does not apply to fishing vessels as defined under a Party’s law. 
  23. For the purposes of this Chapter for the European Union, flying the flag of a Party means flying the flag of a Member State of the European Union. 
  24. This paragraph does not apply to vessels or international maritime transport service suppliers that are subject to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done in Rome on 22 November 2009. 
  25. non-discriminatory means treatment no less favourable than that accorded to any other enterprise when using like public telecommunications transport networks or services in like situations. 
  26. For greater certainty, the granting of a licence to a limited number of enterprises in allocating a scarce resource through objective, proportional and non-discriminatory criteria is not in and of itself a special right. 
  27. The expression “ammunition” in this Article is considered equivalent to the expression “munitions”. 
  28. . For greater certainty, this paragraph applies equally to the term “Feta”. 
  29. . For greater certainty, this paragraph applies equally to the term “Feta”. 
  30. For greater certainty, with respect to data protection, a “chemical entity” in Canada includes a biologic or radiopharmaceutical which is regulated as a new drug under the Food and Drug Regulations of Canada. 
  31. The Parties shall apply this provision in accordance with rule 42 of the Rules of Procedure for Arbitration set out in Annex 29-A. 
  32. The Parties shall apply this provision in accordance with rule 42 of the Rules of Procedure for Arbitration set out in Annex 29-A. 
  33. The public security and public order exceptions may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society. 
  34. The Parties understand that the measures referred to in subparagraph (b) include environmental measures necessary to protect human, animal or plant life or health. 
  35. The expression “traffic in arms, ammunition and implements of war” in this Article is equivalent to the expression “trade in arms, munitions and war material”.