FFII
CETA places itself above EU Charter of Fundamental Rights
|
This is the second in a series of blogs on CETA and privacy. (blog one: CETA and mass surveillance)
The draft EU-Canada trade agreement CETA contains a general exception that is supposed to be a safeguard for policy space. However, this safeguard places CETA above the Charter of Fundamental Rights of the EU. CETA final draft Chapter 28 Exceptions, article 28.3 (2), page 212, reads:
“For the purposes of Chapters Nine (Cross-Border Trade in Services), Ten (Temporary Entry and Stay of Natural Persons for Business Purposes), Twelve (Domestic Regulations), Thirteen (Financial Services), Fourteen (International Maritime Transport Services), Fifteen (Telecommunications), Sixteen (Electronic Commerce), and Sections B (Establishment of investments) and C (Non- discriminatory treatment) of Chapter Eight (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures necessary:
(a) to protect public security or public morals or to maintain public order; 31
(b) to protect human, animal or plant life or health; 32 or
(c) to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the
effects of a default on contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; or
(iii) safety.” (emphasis added)
Measures the EU would take to protect the public interest can go against CETA (“nothing in this Agreement”).