Informal translation of excerpts of the Declaration of the Kingdom of Belgium relating to the conditions under which the federal State and the federated entities exercise their full authority to sign CETA
I have not translated all of those aspects that mostly pertain to procedural matters and federal intra-Belgium matters as opposed to the substantive operation of the CETA.
…
Belgium has noted that the provisional application of the CETA does not extend to various provisions, notably investor protection and dispute settlement (the Investment Court System), in conformity with the decision of the Council in relation to the provisional application of the CETA. It has in addition noted the right of each party to terminate the provisional application of CETA in accordance with Article 30.7 of the Agreement.
Belgium will request a reference opinion from the European Court of Justice concerning the compatibility of the ICS with the European treaties, especially in light of Notice I/94.
Except in the case of a decision to the contrary by their respective Parliaments, the Walloon region, the French Community, the German-speaking Community, the Francophone Community Commission and the Brussels Capital Region, do not intend to ratify CETA on the basis of the system of Investor-State Dispute settlement provided in chapter 8 of CETA, as it stands at the moment of signature.
The Flemish Region, the Flemish Community and the Brussels Capital welcome in particular the joint declaration of the European Commission and the Council of the European Union concerning the Investment Court System.
The declaration of the Council and the Member states addressing the decisions of the CETA joint committee in the matter of regulatory cooperation in areas of Member State competence confirms that these decisions must be taken by common consent of the Council and the Member-States.
In this context, the governments of the federated entities indicate that, for those matters in areas of their exclusive or shared competence within the Belgian constitutional system, they all regulatory cooperation shall be subject to the prior consent of their Parliament and it shall be informed of every regulatory decision that results.
The federal State or a federated entity with competence in agricultural affairs reserves the right to activate the safeguard clause in case of market disequilibrium, including where the disequilibrium concerns a single identified product. The exact thresholds will be determined within 12 months following the signature of CETA, to establish what is meant by market disequilibrium. Belgium will defend the thresholds so determined in the contest of the process of European decisionmaking.
Belgium reaffirms that the CETA will not affect the legislation of the European Union concerning the authorization, placing on the market, development and labelling of Genetically Modified Organisms (GMOs) and of products obtained through new reproductive technologies, and in particular the
the possibility of Member States restricting or prohibiting the cultivation of GMOs on their territory. In addition, Belgium reaffirms that the CETA will not prevent the guarantee of the application of the precautionary principle in the European Union, and in particular, the principle of precaution articulated in Article 191 and taken into account in Article 168, paragraph 1, and Article 169, paragraphs 1 and 2, of the Treaty on the Functioning of the European Union (TFEU)
In the case of a request concerning geographical indications (protected designation of origin and protected geographical indication), the federal government commits to relaying said request immediately to the European Union.
