Can-EU FTA - Trade Lawyer Cherniak - Raises Concerns [ 3 Blog Items ]

http://tradelawyersblog.com/blog/archive/2010/april/article/would-you-
like-to-look-at-some-of-the-other-european-union-free-trade-
agreements/?tx_ttnews[day]=24&cHash=50bfd13914

Would You Like to Look at Some of the Other European Union Free Trade
Agreements?
Saturday, April 24, 2010 at 09:51 PM
By: Cyndee Todgham Cherniak
The leaked draft of the Canada-European Union Comprehensive Economic
and Trade Agreement (Canada-EU CETA) chapters and parts of chapters
causes Canadians to wonder whether the European Union's other free
trade agreements are as demanding. The answer is "no", the European
Union has not made the same degree of requests for fundamental
changes in other free trade agreement negotiations. In fact, some EU
free trade agreements are shorter than the draft Canada-EU CETA
intellectual property chapter alone.
A review of some of the European Union's free trade agreements (filed
with the World Trade Organization) is a necessary next step for
Canadian businesses. I do not mean to suggest that the European Union
is going to be impressed by such an undertaking. However, if a
particular issue needs to be investigated, the other free trade
agreements provide useful information on what is the EU norm.
Here are links to some of the EU FTAs:
*   EC - Albania FTA -
    http://ec.europa.eu/enlargement/pdf/albania/st08164.06_en.pdf
*   EC Andorra FTA
*   EC - Bosnia and Herzegovina FTA
*   EC - Cameroon FTA
*   EC - CARIFORUM States EPA
*   EC - Chile FTA -
    http://trade.ec.europa.eu/doclib/docs/2004/november/tradoc_111620.pdf

*   EC - Cote d'Ivoire FTA
*   EC - Croatia FTA
*   EC - Egypt FTA
*   EC - Faroe Islands FTA
*   EC - Iceland FTA - http://eur-
    lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31972R2842:EN:HTML
*   EC - Israel FTA -
    http://rtais.wto.org/UI/PublicShowMemberRTAIDCard.aspx?enc=Hp3HhPQvFIZ
    amWMXurvo0XRbdKPXmhtnUrp1GOuV1oY=
*   EC - Jordan FTA - http://eur-
    lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:129:0003:0165:EN:
    PDF
*   EC - Lebanon FTA
*   EC - Mexico FTA -
    http://www.sice.oas.org/Trade/MEX_EU/English/index_e.asp
*   EC - Montenegro FTA
*   EC - Morocco FTA
*   EC - Palestinian Authority FTA
*   EC - Norway FTA
*   EC - South Africa FTA
*   EC - Switzerland and Lichtenstein FTA
*   EC - Syria FTA
*   EC - Tunisia FTA
*   EC - Turkey FTA
Also go to the following link for more documents-
http://rtais.wto.org/UI/PublicSearchByMemberResult.aspx?enc=BGNDAo9i1u
5NEK0fWo0Yn7CX96YZTD9pwe1JspjGV2E=
It is interesting to note that the EU has not entered into a free
trade agreement with another G20 nation (however, it is negotiating
free trade agreements with Canada, India and South Korea).

--------------------------------

Stuarts summary :

"In any bilateral or multilateral free trade agreement negotiations,
there are winners and losers at the end of the negotiation. What is
happening at this early stage of the Canada-EU CETA negotiations is
that Canadian negotiators are being told very loudly and clearly that
Canadians must give up their protections in order to enter into this
relationship."

Cyndee has also posted a response to a Globe and Mail column on
Canada´s official position in support of supply management, and how
it affects the Trans-Pacific Partnership negotiations, where Canada
is an observer only.

Both articles mention the Trade Justice Network as the source of the
leaked CETA text, the first article concludes "The interested parties
should get involved in the Canada-EU CETA negotiations in a
meaningful way - there is a big cloud that is getting darker."


Read on...

 http://tradelawyersblog.com/blog/archive/2010/april/article/there-is-
more-than-a-volcanic-ash-cloud-hanging-over-the-canada-eu-ceta-
negotiations/?tx_ttnews[day]=21&cHash=08bf357c15

There Is More Than A Volcanic Ash Cloud Hanging Over the Canada-EU
CETA Negotiations
Wednesday, April 21, 2010 at 06:09 AM

By: Cyndee Todgham Cherniak

During the week of April 19, 2010, Canada and the EU scheduled the
third round of negotiations of the Canada- European Union
Comprehensive Economic and Trade Agreement (CETA) in Ottawa, Canada.
On April 20, 2010, Canada's International Trade Minister Van Loan
announced that much of the week's negotiation activities were to be
completed by teleconference due to the Icelandic volcanic ash cloud's
disruption of air travel. please go to the following link to read the
press release -
http://www.international.gc.ca/media_commerce/comm/news-
communiques/2010/138.aspx?lang=eng

Another important action happened on April 19/20, 2010. A version of
the draft EU negotiating text (let's call it the EU demands) was
leaked by the Trade Justice Network. Please go to the following link
to obtain the draft EU negotiating texts of the Canada-EU CETA -
http://www.tradejustice.ca/tiki-index.php

The leaked documents include the chapters or parts of the chapters on
(1) market access for goods, (2) market access for services and
investment, (3) government procurement, (4) intellectual property,
(5) dispute settlement, (6) customs procedures and rules of origin,
(7) telecommunications, (8) trade remedies, (9) technical barriers to
trade, etc.

What is most striking from the leaked draft negotiating texts is that
sensitive areas are on the table --- and, we should have expected
this. The EU negotiating team is taking direct aim to dismantle
Canada's supply management programs for farmers, including the Canada
Wheat Board. The EU is also requiring provinces make real and
significant commitments to open the procurement markets/opportunities
to EU companies. The EU is requesting/demanding significant changes
to Canadian telecommunications laws to open the Canadian market to EU
companies. In short, most protectionist policies that have been the
subject of discussions at the World Trade Organization (WTO) in the
Doha Round negotiations and that have been the subject of complaints
against Canada at the WTO (or complaints by the United States under
the Canada-United States Free Trade Agreement of NAFTA) are on the
table.

In any bilateral or multilateral free trade agreement negotiations,
there are winners and losers at the end of the negotiation. What is
happening at this early stage of the Canada-EU CETA negotiations is
that Canadian negotiators are being told very loudly and clearly that
Canadians must give up their protections in order to enter into this
relationship.

If my Grandmother were still here and she was giving relationship
advice, she would be asking a simple question, "Is this partner worth
the fundamental changes I am being asked to make?" The answer to this
question is what hangs over the Canada-EU negotiations. With all the
Canadian provinces and territories at the negotiating table, I can
hear a few provincial premiers (and opposition parties) shouting "No
Way!".

The interested parties should get involved in the Canada-EU CETA
negotiations in a meaningful way - there is a big cloud that is
getting darker.


--------------------------------------------------

http://tradelawyersblog.com/blog/archive/2010/april/article/published-
reports-about-canada-eu-ceta-are-
discouraging/?tx_ttnews[day]=21&cHash=35c998ad42

Published Reports About Canada-EU CETA Are Discouraging
Wednesday, April 21, 2010 at 12:00 PM

By: Cyndee Todgham Cherniak

The Canadian Centre for Policy Alternatives has released a
paper about the Canada-European Union Comprehensive Economic and
Trade Agreement (Canada-EU CETA) entitled "Negotiating from Weakness:
Canada-EU trade treaty threatens Canadian purchasing policies and
public service". Please go to the following link for the well-written
article -
http://www.policyalternatives.ca/publications/reports/negotiating-
%E2%80%89weakness.  I do not agree with all of the conclusions in the
article.  That being said, a variety of points of view will help the
debate.

In addition, the Trade Justice Network, which is comprised of
environmental, labour, farmer, cultural and social justice
organizations who have come together to challenge the Canada-EU free
trade negotiations, has posted the leaked draft EU chapters or parts
thereof of the Canada-EU CETA.   Please go to
http://www.tradejustice.ca. The site includes a number of "fact
sheets" - http://www.tradejustice.ca/FactSheets?bl=y.

Also see articles at Council of Canadians -
http://www.canadians.org/tradeblog/

PR Newswire - http://tinyurl.com/y48dfsq

Rabble.ca - http://tinyurl.com/2fm4saf

Vive Le Canada.ca - http://tinyurl.com/23j56sy

Reading all of these reports, one conclusion is that the Canada-EU
CETA negotiations have lost some of the glow.  Canadians want  deeper
trade partnership with the EU.  However, public opinion is starting
to question whether the cost of a deal is too great.
 
----------------------------------------

Cyndee is known for her expertise in the area of free trade
agreements, regional trade agreements and preferential trading
arrangements (collectively, PTAs).  She is an adjunct professor at
Case Western Reserve University School of Law and teaches a course on
NAFTA and bilateral trading arrangements (Spring 2008 and Spring
2007).  

Full Bio at:
http://tradelawyersblog.com/contributors/cyndee-todgham-cherniak/

---------------------------------------------------------------

Janet M Eaton, PhD,
Sierra Club of Canada, Trade & Environment Campaigner
http://www.sierraclub.ca/en/trade-environment