CETA

This page provides you with an overview on materials that have been published by a wide range of issues by a wide of civil society organisations from both sides of the Atlantic involved in the campaign against the EU – Canada trade agreement CETA. The materials on this page are provide analysis and argumentation on CETA both on the general level as well as on specific issues. On the end of this page you find links where you can find further information and regular news on CETA.

 

General Informations on CETA

The following publications give you a good overview on CETA from a critical perspective.
Making Sense of CETA (September 22, 2016)
A thorough analysis of the CETA agreement covering a wide range of aspects such as investor rights, public services, regulatory cooperation and foof safety. 
The report was published by S2B, PowerShift, AbL, BUND, Forum Umwelt & Entwicklung and others.
This analysis debunks 6 popular swindles used to argue in favor of CETA. Published by Corporate Europe Observatory.
CETA spin unspun (Greenpeace EU, 4 pages, October 2016)
A myth-busting Q&A on the EU-Canada trade deal. Includes “EU credibility depends on closing this deal” “If the EU can’t do a trade deal with Canada, it can’t do it with anyone” “Canadians and Europeans share the same values” “CETA is the gold standard of trade agreements” “If you are against CETA, you are against trade” “CETA is good for jobs”  
CETA: TTIP’s ugly brother (Global Justice Now, 4 pages, September 2015)
One of the clearest and most powerful short briefing on CETA. 4 pages summarising why the deal must be stopped.
CETA: An assault on democracy (Video 3:23, Campact, September 2014)
Short video introducing CETA, available in German and English
Fighting TTIP, CETA & ISDS: Lessons from Canada (Council of Canadians, 16 pages, October 2015)
This paper is offered as a warning to Europeans who care about the health of their people, the resilience of their communities. What is Canada’s experience with ISDS under NAFTA? Why does CETA matter as much as TTIP?

 Postponing CETA ratification because of the ECJ Achmea decision

Don’t Lead with Your Chin! If Member States continue with the ratification of CETA, they violate European Union law (Christina Eckes, University of Amsterdam, Blog post, March 13 2018) Christina Eckes from the University of Amsterdam on the consequences of Achmea for the CETA ratification process. She concludes: “In the light of the foreseeable risk that CJEU declares the CETA investment chapter to be capable of undermining the autonomy of the EU legal order, Member States are required by the principle of EU loyalty to halt ratification in order to demonstrate a uniform position as one Party, together with the EU and the other Member States, on the international plane in general and vis-à-vis Canada in particular.”

 

Legal Texts

Legally scrubbed CETA text (Published March 2016, 1598 pages) 
Text published in March 2016, including the “new” chapter on investment.
CETA negotiating mandate (19 pages, published in December 2015, dated 24 April 2009)
The CETA mandate was published in December 2015, over 5 years after the beginning of the CETA negotiations.
Briefing on the life cycle of EU trade agreements (ClientEarth, T&E, 15 pages, March 2016)
The following briefing explains the procedure for the negotiation, signing, and conclusion of the EU’s international trade agreements (Free Trade Agreement (FTA)), based on the legal provisions of the Treaty on the Functioning of the European Union (TFEU) , part of the Lisbon Treaty. The briefing provides a detailed step-by-step analysis of important aspects of the life cycle of EU trade agreements. Useful for our strategy planing.

The CETA-Package

Before CETA the European Council adopted CETA in October 2016, several declarations and instruments have been put forward by the European commission which claim to improve the argument. The following articles dissect those accompanying documents and look if they really improve anything.
Analysis on the CETA-Package after the signature in October by Scott Sinclair and Stuart Trew (Canadian Center for Policy Alternatives)
Analysis of the Joint Intepretative Declaration by Scott Sinclair and Stuart Trew (Canadian Center for Policy Alternatives)
Eight reasons why the declaration does very little to alleviate key concerns arising from the CETA’s proposed special rights and privileges for foreign investors by Gus Van Harten.

The Economic Effects of CETA

Many proponents claim that CETA will generate growth and jobs. The following studies analyse those claims, provide alternativ analytical frameworks or analyse the effects of CETA for specific regions.
An analysis of the economic pro CETA arguments and an alternative economic analysis on the effects of CETA. Published by the Austrian Chamber of Labour and the Austrian Foundation for Development Research (Executive Summary in German, Full Study in English)
CETA Without Blinders:
How Cutting ‘Trade Costs and More’ Will Cause Unemployment, Inequality and Welfare Losses  (September 2016)
Study by the Tufts university on the how CETA will negatively affect our economies and society.
Written by Unifor economist Jim Stanford and focuses on expected manufacturing job losses for Canada as a result of the deal. The paper includes a brilliant critique of the CGE model used to assess the deal’s economic impact. The flaws in CGE (e.g. assuming there is zero unemployment and that no jobs can ever be lost as a result of trade in goods between nations) provides useful speaking points for campaigners.
Generally pro-CETA report, but containing a good summary of pro-CETA arguments, of main criticisms and of the ratification steps – including details on provisional application.
Economic study of the impact of CETA on the Slovenian economy (Commissioned by the government of Slovenia, 66 pages, September 2015 – in Slovenian)
This study looks into the economic effects of CETA on the economies of Slovenia, Croatia, EU and Canada. The study is based on CGE modeling and GTAP 9 and takes into account what was actually achieved in the agreement (scenario 2 in the study). The study concludes that growth will be negligible, cumulative effects on GDP after 10 years would be 0.011% (Slovenia), 0.034% (EU), 0.038% (Croatia), 0.30% (Canada). Summary of results is in the table on page 43.

Investment and Investment Protection

In the analysis, the requirements articulated in the EP Resolution of July 2015 on TTIP are evaluated against a ‘traffic light’ to indicate which have been fulfilled (green), which remain uncertain (yellow), and which are unfulfilled (red) in CETA.
Briefing from Austrian trade unions and the Chamber of Labour on investment protection in CETA
The Zombie ISDS – Rebranded as ICS, rights for corporations to sue states refuse to die (CEO and partners, 48 pages, February 2016)
Key report on investment protection, based on the October 2015 TTIP proposal but very relevant for the CETA debate on Investment. Gives all the arguments to debunk the EC claim that the investment chapter in CETA has been fixed. Check in particular the very useful annexes. The executive summary is available in many languages.
In November 2015, the European Commission released a proposed text on foreign investor protection in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this paper, Professor Van Harten outlines key flaws in this proposal, including language buried in the text that significantly undermines the EC’s proposed provisions on the investment court system (ICS) and on the right to regulate. Since most of this proposal is now in CETA, the paper is very relevant. See for example the critique of the “right to regulate”.
“CETA: Trading away democracy” (CEO et. al. October 2016)
A detailed analysis by several NGOs on the investors rights that CETA would bring if finally adopted. Covers investment protection in CETA. This report was updated in October 2016
A Report on the Flawed Proposals for Investor-State Dispute Settlement (ISDS) in TTIP and CETA (Gus Van Harten, 35 pages, April 2015) 
By law and prominent ISDS critique professor Gus Van Harten. This discussion paper elaborates on five serious flaws with proposals for investor-state dispute settlement (ISDS) in proposed Europe-United States and Europe-Canada trade deals known by the acronyms TTIP and CETA. The paper is written from a European perspective, considering that most European countries and the European Union have not agreed to ISDS in any past treaty with the U.S. or Canada and thus would assume much-expanded risks and constraints associated with ISDS due to TTIP or CETA.
Canadian corporations abuse investment treaties, bully governments into environmental backtrack: study (CCPA, August 2015)
The report documents the 55 known cases of Canadian investors using the investor-state dispute settlement (ISDS) system to sue foreign governments in international trade tribunals. It finds that the ISDS process has overwhelmingly been used by Canadian resource companies to dispute resource management and environmental protection measures in developing countries.
Includes links to the legal study on the compatibility of ISDS (including its CETA version) with the EU treaties, and memos on the topic in many languages.

Public services and Labour rights

CETA, public services under pressure (AK Wien, ÖGB, DGB, 8 pages, July 2016) 
Briefing from Austrian trade unions and the Chamber of Labour on public services in CETA
Public services under attack through TTIP and CETA (CEO, AITEC and partners, 52 pages, October 2015)
EU trade deals with Canada and the US could endanger citizens’ rights to basic services like water and health, as negotiators are doing the work of some of the EU’s most powerful corporate lobby groups in pushing an aggressive market opening agenda in the public sector. This report is available in English and French. The 2 pages abstract was translated into most EU languages.
CETA – Labour standards not on the agenda (AK Wien, ÖGB, DGB, 8 pages, July 2016)
Briefing from Austrian trade unions and the Chamber of Labour on labour rights in CETA
CETA – Labour standards not on the agenda (AK Wien, ÖGB, DGB, 8 pages, July 2016)

Regulations and Regulatory Cooperation

CETA Threatens EU Member States Ability to Protect the Public Interest: Four Case Studies (CIEL, March 2018)

Domestic Disciplines: CETA’s Domestic Disciplines Undermine Human Health and Environmental Protections
Mining: CETA Undermines Greek Mining Regulations and Protections
Pollution Controls: CETA Enables Challenges to EU Pollution Controls
Pesticides: CETA Restricts Member States Ability to Protect People from Pesticides

A thorough analysis fo Regulatory Cooperation and how it limits the scope of democratic decision making. Published by the Austrian Chamber of Labour
Briefing from Austrian trade unions and the Chamber of Labour on democracy and standards
Short analysis of the CETA regulatory cooperation chapter (EN)
An analysis on the effects of CETA for health and in particular health costs. Canadian focus.

Environment

CETA and the environment: a gold standard for the planet or for big business? (Transport and Environment, 18 pages, November 2016)
The report looks into a number of key areas in CETA with likely implications for environmental protection. These include transport, the sustainable development chapter, energy, investors protection, regulatory cooperation and domestic regulations. 
Blog post based on a CIEL letter

Energy and Climate

The right to say no. EU-Canada trade agreement threatens fracking bans (TNI, 8 pages May 2013)
Briefing explaining how ISDS CETA would grant investors the right to challenge governments’ decision to ban and regulate fracking. Available in EN, FR, ES.
Five reasons CETA & TTIP are terrible for the climate (Global Justice Now, 4 pages, December 2015)
4 pages briefing from Global Justice Now, written before the Paris Climate conference in Paris.
See also the Energy chapter of Making sense of CETA 

Water

Managing water resources – AöW on CETA (AöW, Interview, July 2016)
 Only in FR and DE
Association of water management of the public operators in Germany (AöW). Analysis of the impact of the free trade agreement between the EU and Canada (CETA) on water management in Germany. European Water Movement has made a French translation.
Good and short summary of CETA threats to water. Exists in French, Spanish and Italian
Trading Away Public Water Trade Negotiations and Water Services (Food and Water Europe, 4 pages, January 2015)
A general overview of risks to public water from CETA, TTIP and TISA.

Intellectual property chapter / Digital rights

Summary of a presentation on CETA, ISDS and software patents. Successful challenges could undermine the European Patent Convention’s exclusion of software, the recent US Supreme Court’s limits on patentability, and US Congressional patent reform.
Tentative remarks on leaked CETA IP chapter (consolidated text) (FFII, February 2014) 
Blog post on the CETA Intellectual Property Chapter

Health

The unhealthy Sid Effects of CETA (EPHA)

This report outlines how CETA can negatively affect public health and undermines the ability to pursue health policies in the interest of the people.

Further Informations and Readings

A list of CCPA publications on CETA.
This pages compiles all the CETA leaks and their analysis.
Bilaterals.org aggregates press articles and publications on trade and investment. Check their CETA page for the last updates on the agreement and its coverage.