5368/2/16 REV 2 NT/kp DGC 1A Strategic Partnership Agreement

5368/2/16 REV 2 NT/kp

DGC 1A

Council of the

European

Union

Brussels, 5 August 2016

(OR. en)

Interinstitutional File:

2015/0073 (NLE)

5368/2/16

REV

COTRA 3

CDN

LEGISLATIVE ACTS AND OTHER INSTRUMENTS

Subject:

Strategic Partnership Agreement between the

European Union and its

Member States, of the one part, and Canada, of the other part

EU/CA/en 1

STRATEGIC PARTNERSHIP AGREEMENT

BETWEEN THE EUROPEAN UNION

AND ITS MEMBER STATES, OF THE ONE PART,

AND CANADA, OF THE OTHER PART

EU/CA/en 2

PREAMBLE

THE EUROPEAN UNION, hereinafter referred to as “the Union”,

and

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE REPUBLIC OF CROATIA,

THE ITALIAN REPUBLIC,

EU/CA/en 3

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

EU/CA/en 4

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the

European Union, hereinafter referred to as “the Member States”,

of the one part, and

CANADA,

of the other part,

hereinafter jointly referred to as “the Parties”,

INSPIRED BY the long-standing friendship forged between the people of Europe and Canada

through their extensive historical, cultural, political and economic links,

NOTING the strides taken since the 1976 Framework Agreement for commercial and economic

cooperation between the European Communities and Canada, the 1990 Declaration on Transatlantic

Relations between the European Community and its Member States and Canada, the 1996 Joint

Political Declaration on EU-Canada Relations and Joint EU-Canada Action Plan, the 2004

EU-Canada Partnership Agenda and the 2005 Agreement between the European Union and Canada

establishing a framework for the participation of Canada in the European Union crisis management

operations,

EU/CA/en 5

REAFFIRMING their strong attachment to democratic principles and human rights as laid down in

the Universal Declaration of Human Rights,

SHARING the view that the proliferation of weapons of mass destruction poses a major threat to

international security,

BUILDING on their long-standing tradition of cooperation in promoting international principles of

peace and security and the rule of law,

REAFFIRMING their determination to combat terrorism and organised crime through bilateral and

multilateral channels,

SHARING a commitment to reducing poverty, stimulating inclusive economic growth and assisting

developing countries in their efforts towards political and economic reforms,

RECOGNISING their desire to promote sustainable development in its economic, social and

environmental dimensions,

EXPRESSING pride in their extensive people-to-people contacts between their citizens and their

commitment to the protection and promotion of the diversity of cultural expressions,

ACKNOWLEDGING the important role that effective multilateral organisations can play in

advancing cooperation and achieving positive outcomes on global issues and challenges,

EU/CA/en 6

MINDFUL of their dynamic trade and investment relationship, which will be further enhanced

through the effective implementation of a comprehensive economic and trade agreement,

RECALLING that the provisions of this Agreement that fall within the scope of Part Three, Title V

of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as

separate Contracting Parties, and not as part of the European Union, unless the European Union

together with the UK and/or Ireland have jointly notified Canada that the United Kingdom or

Ireland is bound as part of the European Union in accordance with the Protocol No 21 on the

position of the United Kingdom and Ireland in respect of the area of freedom, security and justice

annexed to the Treaty on European Union and the Treaty on the Functioning of the

European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the

European Union in accordance with Article 4a of the Protocol No 21, the European Union together

with the UK and/or Ireland shall immediately inform Canada of any change in their position, in

which case they shall remain bound by the provisions of the agreement in their own right. The same

applies to Denmark in accordance with the Protocol annexed to those Treaties on the position of

Denmark,

RECOGNISING the institutional changes in the European Union since the entry into force of the

Treaty of Lisbon,

AFFIRMING their status as strategic partners and their determination to further enhance and

elevate their relationship and their international cooperation on the basis of mutual respect and

dialogue in order to advance their shared interests and values,

EU/CA/en 7

PERSUADED that such cooperation should take shape progressively and pragmatically, as their

policies develop,

HAVE AGREED AS FOLLOWS:

TITLE I

BASIS FOR COOPERATION

ARTICLE 1

General principles

1. The Parties express their support for the shared principles set out in the Charter of the United

Nations.

2. Mindful of their strategic relationship, the Parties shall endeavour to enhance coherence in

developing their cooperation at the bilateral, regional and multilateral levels.

3. The Parties shall implement this Agreement based on shared values, the principles of

dialogue, mutual respect, equal partnership, multilateralism, consensus and respect for international

law.

EU/CA/en 8

TITLE II

HUMAN RIGHTS, FUNDAMENTAL FREEDOMS,

DEMOCRACY AND THE RULE OF LAW

ARTICLE 2

Upholding and advancing democratic principles,

human rights and fundamental freedoms

1. Respect for democratic principles, human rights and fundamental freedoms, as laid down in

the Universal Declaration of Human Rights and existing international human rights treaties and

other legally binding instruments to which the Union or the Member States and Canada are party,

underpins the Parties’ respective national and international policies and constitutes an essential

element of this Agreement.

2. The Parties shall endeavour to cooperate and uphold these rights and principles in their own

policies and shall encourage other states to adhere to those international human rights treaties and

legally binding instruments and to implement their own human rights obligations.

3. The Parties are committed to advancing democracy, including free and fair electoral processes

in line with international standards. Each Party shall inform the other of its respective election

observation missions and invite the other to participate as appropriate.

EU/CA/en 9

4. The Parties recognise the importance of the rule of law for the protection of human rights and

for the effective functioning of governance institutions in a democratic state. This includes the

existence of an independent justice system, equality before the law, the right to a fair trial and

individuals’ access to effective legal redress.

TITLE III

INTERNATIONAL PEACE AND SECURITY

AND EFFECTIVE MULTILATERALISM

ARTICLE 3

Weapons of mass destruction

1. The Parties consider that the proliferation of weapons of mass destruction (WMDs) and their

means of delivery, both to state and non-state actors, represents one of the most serious threats to

international stability and security.

EU/CA/en 10

2. The Parties therefore agree to cooperate and to contribute to preventing the proliferation of

WMDs and their means of delivery through full compliance with and implementation of their

obligations under international disarmament and non-proliferation agreements and UN Security

Council Resolutions. In addition, the Parties shall continue to cooperate, as appropriate, in support

of non-proliferation efforts through participation in the export control regimes to which both are

party. The Parties agree that this provision constitutes an essential element of this Agreement.

3. The Parties furthermore agree to cooperate and to contribute to preventing the proliferation of

WMDs and their means of delivery by:

(a) as appropriate, taking steps to sign, ratify or accede to all relevant international disarmament

and non-proliferation treaties and to fully implement all obligations under the treaties to

which they are party and encourage other states to adhere to those treaties;

(b) maintaining an effective system of national export controls, controlling the export and

preventing the illicit brokering and transit of WMD-related goods, including a WMD end-use

control on dual-use technologies and containing effective sanctions for breaches of export

controls;

EU/CA/en 11

collaborate in relevant fora to advance the prospects for universal adherence to international

conventions, including the Chemical Weapons Convention (Convention on the Prohibition of

the Development, Production, Stockpiling and Use of Chemical Weapons and on their

Destruction) and the Biological and Toxin Weapons Convention (Convention on the

Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological)

and Toxin Weapons and on their Destruction).

4. The Parties agree to establish a regular senior-level EU-Canada meeting to exchange views on

ways of furthering cooperation on a range of non-proliferation and disarmament issues.

ARTICLE 4

Small arms and light weapons

1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and

light weapons (SALWs), including their ammunition, and their excessive accumulation, poor

management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious

threat to peace and international security.

2. The Parties agree to implement their respective commitments to deal with the illicit trade in

SALWs, including their ammunition, in the framework of the relevant international instruments,

including the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in

SALWs in All Its Aspects as well as obligations deriving from UN Security Council Resolutions.

EU/CA/en 12

3. The Parties shall endeavour to take measures to deal with the illicit trade in SALWs and to

cooperate and seek coordination, complementarity and synergy in their common efforts to assist

other states in dealing with the illicit trade in SALWs and ammunition at global, regional and

national levels, as appropriate.

ARTICLE 5

International Criminal Court

1. The Parties affirm that the most serious crimes of concern to the international community

must not go unpunished and that their effective prosecution must be ensured through taking

measures at the national level and through enhancing international cooperation, including with the

International Criminal Court (ICC).

2. The Parties share a common commitment to promoting the universal ratification of, or

accession to, the Rome Statute of the ICC, and to work towards its effective domestic

implementation of the Statute amongst States Parties to the ICC.

EU/CA/en 13

ARTICLE 6

Cooperation in combating terrorism

1. The Parties recognise that the fight against terrorism is a shared priority and emphasise that

the fight against terrorism shall be conducted with respect for the rule of law, international law, in

particular the Charter of the United Nations and relevant United Nations Security Council

Resolutions, human rights, international refugee law, humanitarian law and fundamental freedoms.

2. The Parties shall maintain high-level counter-terrorism consultations and ad hoc contacts with

a view to promoting effective joint counter-terrorism operational efforts and collaborative

mechanisms where possible. This shall include regular exchanges on terrorist listings, countering

violent extremism strategies and approaches to emerging counter-terrorism issues.

3. The Parties share a common commitment to the promotion of a comprehensive international

approach to combating terrorism under the leadership of the United Nations. The Parties shall

endeavour in particular to cooperate in order to deepen the international consensus in this field to

promote the full implementation of the UN Global Counterterrorism Strategy and the relevant UN

Security Council resolutions, as appropriate.

4. The Parties shall continue to cooperate closely in the framework of the Global

Counter-Terrorism Forum and its working groups.

EU/CA/en 14

5. The Parties shall be guided by the international recommendations established by the Financial

Action Task Force on Money Laundering to combat the financing of terrorism.

6. The Parties shall continue to work together as appropriate to enhance the counter-terrorism

capacity of other states to prevent, detect and respond to terrorist activity.

ARTICLE 7

Cooperation in promoting international peace and stability

To advance their common interests in promoting international peace and security and effective

multilateral institutions and policies, the Parties shall:

(a) continue their efforts to further strengthen transatlantic security, taking into account the

central role of the existing transatlantic security architecture between Europe and North

America;

(b) strengthen their joint efforts in support of crisis management and capacity-building, and

further enhance their cooperation in this regard, including on EU operations and missions.

The Parties shall endeavour to facilitate participation in these activities, including through

early consultations and the sharing of planning information where it is deemed appropriate by

the Parties.

EU/CA/en 15

ARTICLE 8

Cooperation in multilateral, regional and international fora and organisations

1. The Parties share a commitment to multilateralism and efforts to improve the effectiveness of

regional and international fora and organisations such as the United Nations and its specialised

organisations and agencies, the Organisation for Economic Co-operation and Development

(OECD), the North Atlantic Treaty Organization (NATO), the Organization for Security and

Co-operation in Europe (OSCE) and other multilateral fora.

2. The Parties shall maintain effective consultation mechanisms on the margins of multilateral

fora. At the UN, in addition to their existing dialogues in the areas of human rights and democracy,

the Parties shall establish permanent consultation mechanisms at the Human Rights Council, the

General Assembly of the United Nations and the UN Offices in Vienna and others, as appropriate

and agreed by the Parties.

3. The Parties shall also endeavour to consult on elections to seek effective representation in

multilateral organisations.

EU/CA/en 16

TITLE IV

ECONOMIC AND SUSTAINABLE DEVELOPMENT

ARTICLE 9

Dialogue and global leadership on economic issues

Recognising that sustainable globalisation and greater prosperity can only be achieved through an

open world economy, based on market principles, effective regulations and strong global

institutions, the Parties shall endeavour to:

(a) demonstrate leadership in promoting sound economic policies and prudent financial

management both domestically and through their regional and international engagement;

(b) hold a regular senior-level policy dialogue on macro-economic issues, including central bank

representatives as appropriate, with the aim of cooperating on issues of mutual concern;

issues of common interest in multilateral organisations and fora in which the Parties

participate, such as the OECD, the G-7, the G-20, the International Monetary Fund (IMF), the

World Bank and the World Trade Organisation (WTO).

EU/CA/en 17

ARTICLE 10

Promoting free trade and enhancing investment

1. The Parties will cooperate in order to promote a sustainable increase and development of

trade and investment between them to their mutual advantage, as provided for in a comprehensive

economic and trade agreement.

2. The Parties shall endeavour to cooperate in order to further strengthen the WTO as the most

effective framework for a strong, inclusive and rules-based global trading system.

3. The Parties shall continue to engage in customs cooperation.

ARTICLE 11

Cooperation on taxation

With a view to strengthening and developing their economic cooperation, the Parties adhere to and

apply the principles of good governance in the tax area, i.e., transparency, exchange of information

and avoidance of harmful tax practices in the frameworks of the OECD Forum on harmful tax

practices and the Union Code of Conduct on business taxation, as applicable. The Parties shall

endeavour to work together to promote and improve the implementation of these principles

internationally.

EU/CA/en 18

ARTICLE 12

Sustainable development

1. The Parties reaffirm their commitment to meet the needs of today without compromising the

needs of future generations. They recognise that, to be viable over the longer term, economic

growth should respect the principles of sustainable development.

2. The Parties shall continue to promote the responsible and efficient use of resources and raise

awareness of the economic and social costs of environmental damage and its associated impact on

human well-being.

3. The Parties shall continue to encourage efforts to promote sustainable development through

dialogue, the sharing of best practices, good governance and sound financial management.

4. The Parties share a common goal of reducing poverty and supporting inclusive economic

development around the globe, and shall endeavour to work together whenever possible to achieve

this aim.

5. For this purpose, the Parties shall establish a regular policy dialogue on development

cooperation in order to improve policy coordination on common issues of interest and to improve

the quality and effectiveness of their development cooperation, in line with internationally accepted

principles on aid effectiveness. The Parties shall work together to strengthen accountability and

transparency with a focus on improving development results, and shall recognise the importance of

engaging a range of actors, including the private sector and civil society, in development

cooperation.

EU/CA/en 19

6. The Parties recognise the importance of the energy sector to economic prosperity and

international peace and stability. They agree on the need to improve and diversify energy supplies,

promote innovation and increase energy efficiency in order to strengthen energy opportunity,

energy security, and sustainable and affordable energy. The Parties shall maintain a high-level

dialogue on energy and continue to collaborate through bilateral and multilateral means in order to

support open and competitive markets, share best practices, promote science-based, transparent

regulation, and discuss areas of cooperation on energy issues.

7. The Parties attach great importance to the protection and conservation of the environment and

recognise the need for high standards of environmental protection in order to conserve the

environment for future generations.

8. The Parties recognise the global threat of climate change and the need to take immediate and

further action to cut emissions in order to stabilise greenhouse gas concentrations in the atmosphere

at a level that would prevent dangerous anthropogenic interference with the climate system. In

particular, they share a common ambition to find innovative solutions to mitigate and adapt to the

effects of climate change. The Parties recognise the global nature of the challenge and shall

continue to support international efforts towards a fair, effective, comprehensive and rules-based

regime under the United Nations Framework Convention on Climate Change (UNFCCC) that

applies to all Parties to the Convention, including working together on moving the Paris

Agreement forward.

9. The Parties shall maintain high-level dialogues on the environment and on climate change

with a view to sharing best practices and promoting effective and inclusive cooperation on climate

change and other issues relating to environmental protection.

EU/CA/en 20

10. The Parties recognise the importance of dialogue and cooperation at bilateral or multilateral

levels in the field of employment, social affairs and decent work, particularly in the context of

globalisation and demographic changes. The Parties shall endeavour to promote cooperation and

exchanges of information and experiences on employment and social matters. The Parties also

confirm their attachment to respect, promote and realise internationally recognised labour standards

to which they have committed, such as those referred to in the 1998 International Labour

Organization (ILO) Declaration on Fundamental Principles and Rights at Work and its follow-up.

ARTICLE 13

Dialogue on other areas of mutual interest

Recognising their shared commitment to deepen and expand their longstanding engagement as well

as acknowledging existing cooperation, the Parties shall endeavour, in appropriate bilateral

and multilateral fora, to encourage expert dialogue and exchanges of best practices in policy areas

of mutual interest. These include, but are not limited to, the areas of: agriculture, fisheries,

international ocean and maritime policy, rural development, international transportation,

employment, and circumpolar issues including science and technology. Where appropriate, this

could also include exchanges on legislative, regulatory and administrative practices, as well as on

decision-making processes.

EU/CA/en 21

ARTICLE 14

Citizens’ well-being

1. Recognising the importance of expanding and deepening their dialogue and cooperation on a

wide range of issues that affect the well-being of their citizens and the larger global community, the

Parties shall encourage and facilitate dialogue, consultation and, where possible, cooperation on

existing and emerging issues of mutual interest affecting citizens’ well-being.

2. The Parties recognise the importance of consumer protection and shall encourage the

exchange of information and best practice in this area.

3. The Parties encourage mutual cooperation and information exchange on global health issues

and on preparedness and response to global public-health emergencies.

ARTICLE 15

Cooperation on knowledge, research, innovation and communication technology

1. Considering the importance of new knowledge to address global challenges, the Parties shall

continue to encourage cooperation in the field of science, technology, research and innovation.

EU/CA/en 22

2. Recognising the importance of information and communication technologies as key elements

of modern life and socio-economic development, the Parties shall endeavour to cooperate and

exchange views on national, regional and international policies in this field as appropriate.

3. Recognising that the security and stability of the Internet in full respect of fundamental rights

and freedoms is a global challenge, the Parties shall endeavour to cooperate at bilateral and

multilateral levels through dialogue and exchange of expertise.

4. The Parties recognise that the use of space systems is increasingly important to meet their

socio-economic, environment and international policy objectives. The Parties shall continue to

further their cooperation in the development and use of space assets to support citizens, businesses

and government organisations.

5. The Parties shall endeavour to continue their cooperation in the field of statistics, with a

particular focus on actively promoting the sharing of best practices and policies.

EU/CA/en 23

ARTICLE 16

Promoting the diversity of cultural expressions,

education and youth, and people-to-people contacts

1. The Parties take pride in the long-standing cultural, linguistic and traditional ties that have

built bridges of understanding between them. Transatlantic ties exist at all levels of government and

society and the impact of this relationship is significant across Canadian and European societies.

The Parties shall endeavour to encourage these ties and to seek new ways to foster relationships

through people-to-people contacts. The Parties shall endeavour to use exchanges through

non-governmental organisations and think-tanks that bring together youth and other economic and

social partners to expand and deepen these relations and enrich the flow of ideas for the solution of

common challenges.

2. Recognising the extensive academic, educational, sport, culture, tourism and youth mobility

relationships that have developed between them over the years, the Parties welcome and encourage

continued collaboration in expanding these linkages, as appropriate.

3. The Parties shall endeavour to foster the diversity of cultural expressions, including through

the promotion, as appropriate, of the principles and objectives of the 2005 UNESCO Convention on

the Protection and Promotion of the Diversity of Cultural Expressions.

4. The Parties shall endeavour to encourage and facilitate exchanges, cooperation and dialogue

between their cultural institutions and professionals in this sector as appropriate.

EU/CA/en 24

ARTICLE 17

Disaster resilience and emergency management

To minimise the impact of natural and man-made disasters and increase the resilience of society and

infrastructure, the Parties affirm their common commitment to promote prevention, preparedness,

response and recovery measures, including through cooperation as appropriate at the bilateral and

multilateral level.

TITLE V

JUSTICE, FREEDOM AND SECURITY

ARTICLE 18

Judicial cooperation

1. As regards judicial cooperation in criminal matters, the Parties shall seek to enhance existing

cooperation on mutual legal assistance and extradition based on relevant international agreements.

The Parties shall also, within their powers and competences, seek to strengthen existing

mechanisms and, as appropriate, consider the development of new mechanisms to facilitate

international cooperation in this area. This would include, as appropriate, accession to, and

implementation of, the relevant international instruments and closer cooperation with Eurojust.

EU/CA/en 25

2. The Parties shall develop, as appropriate, judicial cooperation in civil and commercial

matters, to the extent of their respective competences, in particular, as regards the negotiation,

ratification and implementation of multilateral conventions on civil judicial cooperation, including

the Conventions of the Hague Conference on Private International Law in the field of international

legal cooperation and litigation as well as the protection of children.

ARTICLE 19

Cooperation against illicit drugs

1. Within their respective powers and competences, the Parties shall cooperate to ensure a

balanced and integrated approach on drug issues. The Parties shall focus their efforts to:

- reinforce structures for combating illicit drugs;

- reduce the supply, trafficking and the demand for illicit drugs;

- address the health and social consequences of illicit drug abuse; and

- maximise the effectiveness of structures aimed at reducing the diversion of chemical

precursors used for the illicit production of narcotic drugs and psychotropic substances.

EU/CA/en 26

2. The Parties shall collaborate to attain these objectives, including, where possible, by

coordinating their technical assistance programmes and by encouraging countries that have not

already done so to ratify and implement existing international drug control conventions to which the

Union or the Member States and Canada are party. The Parties shall base their actions on

commonly accepted principles in line with the relevant international drug control conventions and

respect the overarching goals of the 2009 UN Political Declaration and Plan of Action on

International Cooperation Towards an Integrated and Balanced Strategy to Counter the World Drug

Problem.

ARTICLE 20

Law enforcement cooperation

and the fight against organised crime and corruption

1. The Parties share a commitment to cooperating in combating organised, economic and

financial crime, corruption, counterfeiting, smuggling and illegal transactions through compliance

with their mutual international obligations in this area, including as regards effective cooperation in

the recovery of assets or funds derived from acts of corruption.

2. The Parties affirm their commitment to developing law enforcement cooperation, including

through continuing cooperation with Europol.

EU/CA/en 27

3. In addition, the Parties shall endeavour to collaborate in international fora to promote, as

appropriate, adherence to and the implementation of the UN Convention Against Transnational

Organized Crime and its supplementing Protocols to which they are both party.

4. The Parties shall also endeavour to promote, as appropriate, the implementation of the UN

Convention against Corruption, including through the operation of a strong review mechanism,

taking account of the principles of transparency and participation of civil society.

ARTICLE 21

Money laundering and the financing of terrorism

1. The Parties recognise the need to cooperate on preventing the use of their financial systems to

launder the proceeds of all criminal activity, including drug trafficking and corruption, and to

combat the financing of terrorism. This cooperation extends to the forfeiture of assets or funds

derived from criminal activity, within their respective legal frameworks and laws.

2. The Parties shall exchange relevant information, as appropriate within their respective legal

frameworks and laws, and implement appropriate measures to combat money laundering and the

financing of terrorism, guided by the recommendations of the Financial Action Task Force and

standards adopted by other relevant international bodies active in this area.

EU/CA/en 28

ARTICLE 22

Cybercrime

1. The Parties recognise that cybercrime is a global problem requiring global responses. To that

end, the Parties shall strengthen cooperation to prevent and combat cybercrime through the

exchange of information and practical knowledge, in compliance with their respective legal

frameworks and laws. The Parties shall endeavour to work together, where appropriate, to provide

assistance and support to other states in the development of effective laws, policies and practices to

prevent and combat cybercrime wherever it occurs.

2. The Parties shall, as appropriate within their respective legal frameworks and laws, exchange

information in fields including the education and training of cybercrime investigators, the conduct

of cybercrime investigations and digital forensics.

ARTICLE 23

Migration, asylum and border management

1. The Parties reaffirm their commitment to cooperating and exchanging views within the

framework of their respective laws and regulations in the areas of migration (including legal

migration, irregular migration, trafficking in human beings, migration and development), asylum,

integration, visas and border management.

EU/CA/en 29

2. The Parties share the objective of visa-free travel between the Union and Canada for all of

their respective citizens. The Parties shall work together and make every effort to achieve, as soon

as possible, visa-free travel between their territories for all citizens with a valid passport.

3. The Parties agree to cooperate in order to prevent and control irregular migration. To this end:

(a) Canada shall readmit any of its citizens illegally present on the territory of a Member State, on

request by the latter and, unless otherwise provided by a specific agreement, without further

formalities;

(b) Each Member State shall readmit any of its citizens illegally present on the territory of

Canada, upon request by the latter and, unless otherwise provided by a specific agreement,

without further formalities;

for this purpose;

(d) The Parties shall endeavour to engage in negotiations of a specific agreement to set out

obligations on readmission, including the readmission of nationals of third countries and

stateless persons.

EU/CA/en 30

ARTICLE 24

Consular protection

1. Canada shall allow Union citizens to enjoy in Canada, if the Member State of which they are

a citizen does not have an accessible permanent representation in Canada, the protection of the

diplomatic and consular authorities of any Member State.

2. The Member States shall allow Canadian citizens to enjoy in the territory of any

Member State, if Canada does not have an accessible permanent representation in the territory of

that Member State, the protection of the diplomatic and consular authorities of any other state

designated by Canada.

3. Paragraphs 1 and 2 are intended to dispense with any requirements for notification and

consent that might otherwise apply for the purposes of allowing Union or Canadian citizens to be

represented by any state other than that of which they are nationals.

4. The Parties shall review on an annual basis the administrative functioning of paragraphs 1

and 2.

EU/CA/en 31

ARTICLE 25

Personal data protection

1. The Parties recognise the need to protect personal data and shall endeavour to work together

to promote high international standards.

2. The Parties recognise the importance of protecting fundamental rights and freedoms,

including the right to privacy with respect to the protection of personal data. To this end, the Parties

shall undertake, within the framework of their respective laws and regulations, to respect the

commitments they have made in connection with these rights, including while preventing and

combating terrorism and other serious crimes that are transnational in nature, including organised

crime.

3. The Parties shall continue to cooperate within the framework of their respective laws and

regulations at bilateral and multilateral levels through dialogue and exchange of expertise, as

appropriate, with respect to personal data protection.

EU/CA/en 32

TITLE VI

POLITICAL DIALOGUE AND CONSULTATION MECHANISMS

ARTICLE 26

Political dialogue

The Parties shall endeavour to strengthen their dialogue and consultation in an effective and

pragmatic fashion to support their evolving relationship, to advance their relations and to promote

their common interests and values through their multilateral engagement.

ARTICLE 27

Consultation mechanisms

1. The Parties shall engage in dialogue through ongoing contacts, exchanges and consultations,

which include the following:

(a) summits at leaders level on an annual basis or as mutually agreed, held alternately in the

Union and in Canada;

(b) meetings at foreign-minister level;

EU/CA/en 33

(d) consultations of officials at the senior and working level on issues of mutual interest or

briefings and cooperation on major domestic or international developments;

(e) promotion of exchanges of delegations from the European Parliament and the Parliament of

Canada.

2. Joint Ministerial Committee

(a) A Joint Ministerial Committee (JMC) is hereby established.

(b) The JMC:

(i) replaces the Transatlantic Dialogue;

(ii) is co-chaired by the Minister of Foreign Affairs of Canada and the High Representative

of the Union for Foreign Affairs and Security Policy;

(iii) meets on an annual basis, or as mutually agreed as circumstances require;

(iv) adopts its own agenda, rules and procedures;

(v) takes decisions with the approval of both Parties;

EU/CA/en 34

(vi) receives an annual report by the Joint Cooperation Committee (JCC) on the state of the

relationship and makes related recommendations on the work of the JCC including on

new areas for future cooperation and the resolution of any disputes arising from the

implementation of this Agreement;

(vii) is composed of representatives of the Parties.

3. Joint Cooperation Committee

(a) The Parties shall establish a Joint Cooperation Committee (JCC).

(b) The Parties shall ensure that the JCC:

(i) recommends priorities in relation to cooperation between the Parties;

(ii) monitors the developments in the strategic relationship between the Parties;

(iii) exchanges views and makes suggestions on any issues of common interest;

(iv) makes recommendations for efficiencies, greater effectiveness and synergies between

the Parties;

(v) ensures that this Agreement operates properly;

EU/CA/en 35

(vi) provides an annual report to the JMC on the state of the relationship that the Parties

shall make public, as noted in paragraph 2(b)(vi) of this Article;

(vii) deals appropriately with any matter referred to it by the Parties under this Agreement;

(viii) establishes sub-committees to assist it in the performance of its duties. These

sub-committees should, however, not duplicate bodies established under other

agreements between the Parties;

(ix) considers situations where either Party deems its interests have been or could be

adversely affected by decision-making processes in areas of cooperation not governed

by a specific agreement.

that special meetings of the JCC are held at the request of either Party; that the JCC is

co-chaired by one senior official from Canada and one senior official from the Union; and that

it agrees on its own terms of reference, including observer participation.

(d) The JCC shall be composed of the representatives of the Parties, with due attention to

promoting efficiency and economy in establishing the levels of participation.

(e) The Parties agree that the JCC may request committees and similar bodies established under

existing bilateral agreements between the Parties to provide regular updates to the JCC on

their activities as part of an ongoing, comprehensive overview of the relationship between the

Parties.

EU/CA/en 36

ARTICLE 28

Fulfilment of obligations

1. In the spirit of mutual respect and cooperation embodied by this Agreement, the Parties shall

take the general or specific measures required to fulfil their obligations under this Agreement.

2. Should any questions or differences arise in the implementation or interpretation of this

Agreement, the Parties shall strengthen their efforts to consult and cooperate in order to resolve the

issues in a timely and amicable manner. At the request of either Party, questions or differences shall

be referred to the JCC for further discussion and study. The Parties may also jointly decide to refer

these matters to special sub-committees reporting to the JCC. The Parties shall ensure that the JCC

or the appointed sub-committee meets within a reasonable amount of time to seek to resolve any

differences in the implementation or interpretation of this Agreement through early communication,

a thorough examination of the facts, including expert advice and scientific evidence as appropriate,

and effective dialogue.

3. Reaffirming their strong shared commitment to human rights and non-proliferation, the

Parties consider that a particularly serious and substantial violation of the obligations described in

Articles 2(1) and 3(2) may be addressed as a case of special urgency. The Parties consider that, for a

situation to constitute a “particularly serious and substantial violation” of Article 2(1), its gravity

and nature would have to be of an exceptional sort such as a coup d’État or grave crimes that

threaten the peace, security and well-being of the international community.

EU/CA/en 37

4. In cases where a situation occurring in a third country could be considered equivalent in

gravity and nature to a case of special urgency, the Parties shall endeavour to hold urgent

consultations, at the request of either Party, to exchange views on the situation and consider

possible responses.

5. In the unlikely and unexpected event that a case of special urgency occurs in the territory of

one of the Parties, either Party may seize the JMC of the matter. The JMC may ask the JCC to hold

urgent consultations within 15 days. The Parties shall provide the relevant information and evidence

required for a thorough examination and a timely and effective resolution of the situation. Should

the JCC be unable to resolve the situation, it may submit the matter to the JMC for urgent

consideration.

6. (a) In a case of special urgency where the JMC is unable to resolve the situation, either

Party may decide to suspend the provisions of this Agreement. In the Union, the

decision to suspend would entail unanimity. In Canada, the decision to suspend would

be taken by the Government of Canada in accordance with its laws and regulations. A

Party shall immediately notify the other Party, in writing, of the decision and shall apply

the decision for the minimum period of time necessary to resolve the issue in a manner

acceptable to the Parties;

(b) The Parties shall keep under constant review the development of the situation which

prompted that decision and which could serve as grounds for other appropriate measures

taken outside the framework of this Agreement. The Party invoking the suspension or

other measures shall withdraw them as soon as warranted.

EU/CA/en 38

7. In addition, the Parties recognise that a particularly serious and substantial violation of human

rights or non-proliferation, as defined in paragraph 3, could also serve as grounds for the

termination of the EU-Canada Comprehensive Economic and Trade Agreement (CETA) in

accordance with Article 30.9 of that Agreement.

8. This Agreement shall not affect or prejudice the interpretation or application of other

agreements between the Parties. In particular, the dispute settlement provisions of this Agreement

shall not replace or affect in any way the dispute settlement provisions of other agreements between

the Parties.

TITLE VII

FINAL PROVISIONS

ARTICLE 29

Security and disclosure of information

1. This Agreement shall not be construed to prejudice Union, Member State or Canadian laws

and regulations regarding public access to official documents.

2. This Agreement shall not be construed to require a Party to provide any information if that

Party considers that it is contrary to its essential security interests to disclose that information.

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ARTICLE 30

Entry into force and termination

1. The Parties shall notify each other once they have completed the internal procedures required

for this Agreement to enter into force. This Agreement enters into force on the first day of the

month following the date of the last notification.

2. Notwithstanding paragraph 1, the Union and Canada shall apply parts of this Agreement on a

provisional basis, as set out in this paragraph, pending its entry into force and in accordance with

their respective internal procedures and legislation, as applicable.

Provisional application begins on the first day of the second month following the date on which the

Union and Canada notify each other of the following:

(a) For the Union, the completion of the internal procedures necessary for this purpose, indicating

the parts of the Agreement that shall be provisionally applied; and

(b) For Canada, the completion of the internal procedures necessary for this purpose, confirming

its agreement to the parts of the Agreement that shall be provisionally applied.

3. Either Party may notify in writing the other Party of its intention to denounce this Agreement.

The denunciation takes effect six months after the notification.

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ARTICLE 31

Amendment

The Parties may amend this Agreement by agreement in writing. The amendment comes into force

on the first day of the month following the date of the last notification by which the Parties notify

each other that all necessary internal procedures for entry into force of the amendment are complete.

ARTICLE 32

Notifications

The Parties shall submit all notifications made in accordance with Articles 30 and 31 to the General

Secretariat of the Council of the European Union and Canada’s Department of Foreign Affairs,

Trade and Development or their respective successors.

EU/CA/en 41

ARTICLE 33

Territorial application

This Agreement applies, on the one hand, to the territories in which the Treaties on which the

European Union is founded apply and under the conditions laid down in those Treaties, and, on the

other hand, to Canada.

ARTICLE 34

Definition of the Parties

For the purposes of this Agreement, the term “the Parties” means the European Union or its

Member States, or the European Union and its Member States, in accordance with their respective

competences, on the one hand, and Canada, on the other.

This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,

English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian,

Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each

text being equally authentic.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Agreement.