Reports CETA and the environment: A gold standard for the planet or for big business?


CETA and the environment: A gold standard for the planet or for big business?

This report looks into a number of key areas in CETA with likely implications for

environmental protection. We find that these provisions do not meet our assessment as
being the "gold standard" for the people and the planet. We find that the following seven
improvements are warranted for CETA to deliver for the environment:

1. The Investment Court System should be removed, as it should from any international agreement between two Parties with developed legal systems. There is no need for a parallel justice system only open to foreign investors that undermines regular courts and the rule of law.
2. The environment chapter should have meaningful enforcement provisions and access to justice mechanism and ambitions that go beyond already existing commitments.
3. Regulatory Cooperation should serve to promote and improve social and environmental policy, not focus on trade irritants alone. Additionally it should be truly voluntary and not subject to state to state dispute mechanism.
4. The Domestic Regulation Chapter should be more cognizant of environmental licensing and
permitting procedures and allow for broader exceptions for environmental decision making.
5. A Clean Hands Clause to strengthen the parties‘ rights to regulate through consumption and export rules, where such interventions protect environmental and social conditions abroad.
6. Reflecting both Parties commitment to the Paris climate agreement, dedicated overarching and sectoral provisions should be made, such as fostering a sustainable green economy transition by decarbonising both the energy and transport sector.
7. Tariff reduction should be differentiated according to environmental characteristics e.g. through an immediate phase out on electric motors to create an incentive for a fast shift to electric vehicles. A longer phase out for traditional vehicles would help this dynamic shift.


Published March 2017 Transport & Environment and ClientEarth