1. CETA – A Preliminary Survey
Martin Silzer,
Joint European Offices of the Local Authorities of Bavaria, Baden-Württemberg, and Saxony

2. Agenda 1 – What is CETA about?
2 – Why is CETA relevant for the local and regional level?
3 – What should CETA include?
3 – Status quo?

3. 1 – What is CETA about?
„Comprehensive Economic and Trade Agreement“
CND and EU: important trade partners (12th/ 2nd)
eliminating over 99 % of tariffs
mutual access to markets CND/ EU
fostering economic growth by eliminating trade barriers
sectors: industrial and agricultural goods as well as services, and capital
negotiations: 2009 to 2013, details until 2014
consolidated text: 8/2014

4. 1 – What is CETA about?
most favoured status clause
native treatment principle
non-discrimination
question of quality standards is disputable due to different approaches
e.g. grocery, chemicals

5. 2 – Why is CETA relevant for the local and regional level?
Public procurement: market acces for CND entreprises
ISDS: lawsuit against depropriative acts and equivalent measures
reference to UN law (UNCITRAL)
dispute settlement bodies to be installed jointly by both parties
P! threshold for lawsuits against public authorities
only severe cases (?)

6. 2 – Why is CETA relevant for the local and regional level?
definition of „governmental tasks“ as excluded from liberalization?
measures of common welfare are in general accepted
water supply, waste treatment in public responsibility

7. 3 – What should CETA include?
public utilities should be enclosed in annex II (i.e. future exceptions from trade liberalization)
inhouse awarding and inter-communal cooperation should be secured
no ISDS between developed/ constitutional states
no derogation from revised EU procurement law
P: positive listing

8. 4 – Status quo?
intensive monitoring in judicial terms
translations in all official languages
COM proposal to the Council
time horizon: mid-2015
Aftermath: Council must approve and
hand over to EP (consent required)

9. 4 – Status quo?
academic study (GE): no privileges for CND entreprises
probably mixed agreement (ratification by all MS legislatives required)
CND government against further negotiations

10. 4 – Status quo?