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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)Council Decision (EU) 2017/37note provides for the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other partnote (‘the Agreement’). The Agreement was signed on 30 October 2016.
(2)Council Decision (EU) 2017/38note provides for the provisional application of parts of the Agreement, including the part on the establishment of the CETA Joint Committee. The Agreement has been provisionally applied since 21 September 2017.
(3)Pursuant to Article 26.3.1 of the Agreement, the CETA Joint Committee, for the purpose of attaining the objectives of the Agreement, has the power to make decisions in respect of all matters when the Agreement so provides.
(4)Pursuant to Article 26.3.2 of the Agreement, the decisions made by the CETA Joint Committee are binding on the Parties, subject to the completion of any necessary internal requirements and procedures, and the Parties are to implement them.
(5)Pursuant to Article 8.39.6 of the Agreement, the CETA Joint Committee is to adopt a decision setting out supplemental rules aimed at reducing the financial burden on claimants who are natural persons or small and medium-sized enterprises.
(6)It is therefore appropriate to establish the position to be taken on the Union’s behalf within the CETA Joint Committee on the basis of the attached draft decision of the CETA Joint Committee on the supplemental rules on expedited procedures for the resolution of investment disputes between investors and states, in particular for natural persons or small and medium-sized enterprises in order to ensure the effective implementation of the Agreement,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on the Union’s behalf within the CETA Joint Committee as regards the adoption of a decision setting out supplemental rules on expedited procedures for the resolution of investment disputes between investors and states, in particular for natural persons or small and medium-sized enterprises, shall be based on the draft decision of the CETA Joint Committee attached to this Council Decision.
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