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Council of the

European Union
Brussels, 4 October 2016
(OR. en)
12756/16

COTRA 21
CDN 17
'I/A' ITEM NOTE
From:
To:

General Secretariat of the Council


Permanent Representatives Committee/Council

Subject:

Draft Council Decision on the signing, on behalf of the European Union,


and provisional application of the Strategic Partnership Agreement
between the European Union and its Member States, of the one part, and
Canada, of the other part
- Adoption

1.

The negotiations on the Strategic Partnership Agreement (SPA) between the European Union
and its Member States, of the one part, and Canada, of the other part, were successfully
concluded with the initialling of the Agreement on 8 September 2014.

2.

On 13 April 2015, the Commission and the High Representative for Foreign Affairs and
Security Policy submitted a joint proposal for a Council Decision on the signing, on behalf of
the European Union, and provisional application of the Agreement 1.

(1) Doc. 7906/15 + ADD 1


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3.

The Transatlantic Relations Working Party (COTRA) discussed the draft Council Decision on
numerous occasions in 2015 and 2016, in particular the scope of provisional application of the
Strategic Partnership Agreement (SPA). As no consensus could be obtained either on the
original proposal or on a proposal for a "category approach", which aimed at an ambitious and
flexible provisional application of the Agreement, the COTRA Working Party agreed to revert
to the usual "list approach" for provisional application, whereby those articles to be
provisionally applied are expressly listed in the Council Decision.

4.

On 7 September 2016, the Permanent Representatives' Committee reached an agreement on


the text of the draft Council Decision on the signing and provisional application of the
Agreement.

5.

The text of the Strategic Partnership Agreement (SPA) between the European Union and its
Member States, of the one part, and Canada, of the other part, as finalised by the legallinguistic experts, is set out in doc. 5368/2/16 REV 2 + COR 1 (pt) + COR 2 (fi).

6.

The Council intends to include in the Council minutes a statement related to Article 23 on
visa-reciprocity (Annex I), with the intention to make it public after the adoption of the
Council Decision itself.

7.

The Commission intends to include in the Council minutes a statement on Article 13 related
to Geographical Indications (GIs) (Annex II).

8.

Portugal intends to include in the Coreper and Council minutes a unilateral declaration related
to its internal ratification procedures, in accordance with its Constitutional principles and rules
(Annex III).

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9.

In the light of the above, the Permanent Representatives' Committee is invited to decide that
the statement contained in Annex III should be entered in its minutes.

10.

Furthermore, subject to confirmation by the Permanent Representatives' Committee, the


Council is invited to:
-

adopt the Council Decision on the signing, on behalf of the European Union, and
provisional application of the Strategic Partnership Agreement between the European
Union and its Member States, of the one part, and Canada, of the other part as finalised
by the legal-linguistic experts in doc. 5367/16, together with the Strategic Partnership
Agreement between the European Union and its Member States, of the one part, and
Canada, of the other part, as finalised by the legal-linguistic experts in doc. 5368/2/16
REV 2 + COR 1 (pt) + COR 2 (fi);

decide to enter in its minutes the statements contained in Annexes I-III;

decide that the statement contained in Annex I should be made public after the adoption
of the Council Decision itself.

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ANNEX I
Declaration by the Council (Declaration related to Article 23)

The Council underlines the importance of the SPA agreement as reinforcing the long standing,
strategic EU-Canada relationship which is firmly anchored by shared history and values.
The SPA opens a new chapter in EU-Canada relations, as a framework to further expand and
deepen the political dialogue and cooperation on foreign policy and security matters, including in a
wide range of areas of interest to the citizens on both sides of the Atlantic.
The Council recalls the commitment from the 2014 EU Canada summit statement to ensure, as
soon as possible, visa-free travel for all citizens on both sides, so that they will benefit fully from
the new legal framework that is being created, including trade and economic opportunities between
Canada and the EU.
In this respect the Council highlights the importance of Article 23, para 2 of the Strategic
Partnership Agreement. Its rapid implementation will be conducive to the shared commitment of
both sides to work together and make every effort to ensure that all citizens of both sides will
benefit as soon as possible from the opportunities created by SPA and CETA.
The implementation of Article 23, para. 2 will also help the EU to achieve its objective of full visa
reciprocity as provided by Council Regulation 539/2001.

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ANNEX II

Declaration by the European Commission (Declaration related to Article 13)


Should the dialogue on Geographical Indications (GIs) in the Comprehensive Economic and Trade
Agreement not bring the expected results and especially the possibility to discuss aspects of GIs
beyond bilateral dimension, the Commission considers that those issues would be raised under SPA
Article 13.

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ANNEX III
Declaration of Portugal
On the basis of the respect of the competences allocated between the European Union and its
Member States, as defined by the Treaties, the Decision of the Council that authorizes the
provisional application, by the EU, of the Strategic Partnership Agreement between the European
Union and its Member States, of the one part, and Canada, of the other part, shall not affect the
autonomy of decision of Portugal on the issues of its national competence, whose decision to be
bound by the Agreement depends on the conclusion of the internal ratification procedures and on
the entry into force of the agreement in the international legal system, in accordance with the
Constitutional principles and rules.

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