{"id":85933,"date":"2023-09-21T06:00:17","date_gmt":"2023-09-21T04:00:17","guid":{"rendered":"https:\/\/power-shift.de\/?p=85933"},"modified":"2026-03-02T18:07:59","modified_gmt":"2026-03-02T17:07:59","slug":"pressemitteilung-zur-geleakten-ceta-interpretationserklaerung","status":"publish","type":"pressemitteilung","link":"https:\/\/power-shift.de\/en\/pressemitteilung\/pressemitteilung-zur-geleakten-ceta-interpretationserklaerung\/","title":{"rendered":"Press release on the leaked CETA interpretation statement"},"content":{"rendered":"<h3 class=\"widget-title\">Greenwashing at the expense of democracy and the environment: PowerShift and Environmental Institute publish secret CETA interpretation statement<\/h3>\n<p><b>Berlin, 21 September 2023: <\/b>By means of an \u2018interpretation declaration\u2019, the CETA contractual partners wish to eliminate the ongoing criticism of the investment protection chapter of the Euro-Canadian Free Trade Agreement. PowerShift and the Munich Environmental Institute today published the consolidated text of this <a href=\"https:\/\/power-shift.de\/wp-content\/uploads\/2023\/09\/LEAK-PowerShift-Zusatzerklaerung-CETA.pdf\">Declaration of Interpretation<\/a> and a detailed <a href=\"https:\/\/power-shift.de\/wp-content\/uploads\/2023\/09\/Powershift_CETA-Greenwashing_Analyse.pdf\">analysis<\/a> published. In it, they criticize both the non-transparent procedure around the creation of the document and its lack of effectiveness. In particular, the organisations criticise the fact that, according to legal opinions, the declaration has no binding effect on the text of the contract and is therefore de facto worthless.<\/p>\n<p><i>\"It is worrying that the text of the interpretative statement has changed significantly once the traffic light coalition has agreed to CETA. In the midst of the climate crisis, almost all concrete agreements on climate protection were cancelled. Corporate litigation rights also continue to exist and allow companies to sue states on the basis of climate protection laws. This is not what a sustainable climate policy looks like!\u201d<\/i>, PowerShift trading expert Alessa Hartmann says.<\/p>\n<p><i>\u201cAn additional declaration cannot turn an outdated and climate-damaging agreement into a modern trade policy instrument. It has only an interpretation value and cannot change the text of the contract. Nevertheless, this paper was used to justify the ratification of CETA by the German Bundestag. The fact that MEPs agreed to a free trade agreement on the basis of a document which they were not yet aware of and which subsequently turns out to be completely ineffective is a tangible scandal\u201d,<\/i> Ludwig Essig, trade expert at the Environmental Institute, explains.<\/p>\n<p>Following a legal language test, the Council of the European Union is expected to adopt the declaration of interpretation by the end of November 2023. It is unclear whether this requires unanimity or a qualified majority of Member States. The declaration would then be decided by the Joint Committee: either by written procedure \u2013 which would be faster \u2013 or by a formal decision of the Committee at the meeting in the first quarter of 2024. PowerShift and the Environmental Institute are calling for a halt to the ratification of CETA. In addition, all agreements with corporate lawyers must be terminated and European trade policy must be aligned with clear environmental and social guidelines in order to meet the challenges of the 21st century.<\/p>\n<p><b>Background:<\/b><b> <\/b>The trade agreement<a href=\"https:\/\/policy.trade.ec.europa.eu\/eu-trade-relationships-country-and-region\/countries-and-regions\/canada\/eu-canada-agreement_en\"> CETA (Comprehensive Economic and Trade Agreement)<\/a> It was signed in 2016 between the European Union and Canada. Among other things, it contains agreements to reduce tariffs and simplify market access, but also the particularly controversial investment protection, the so-called group rights. In December 2022, the German Bundestag decided to ratify the agreement, relying on an additional declaration on investment protection, which was intended to clarify particularly controversial issues, such as investment protection standards and the lack of agreements on climate protection. This additional declaration had not yet been presented to the members of the Bundestag at the time of ratification.<\/p>\n<p>Environmental and consumer organisations such as Powershift and the <a href=\"https:\/\/umweltinstitut.org\/\">Environmental Institute<\/a> Criticize:<\/p>\n<ul>\n<li><b><\/b><b>Non-binding declaration of interpretation: <\/b>The present declaration of interpretation serves only as an interpretative aid for the judges of arbitration tribunals. It has no binding or even amending effect on the text of the contract itself. Several legal investigations came to this conclusion before ratification.<\/li>\n<li><b><\/b><b>Lack of participation:<\/b> Although the declaration of interpretation on investment protection was announced as a prerequisite for the second and third readings of the ratification law, the vote in the Bundestag took place even before the negotiations on the paper with Canada had properly begun. More than half a year later, the declaration of interpretation was finalised. The members of the Bundestag thus agreed to an agreement under conditions they did not know and could not influence.<\/li>\n<li><b><\/b><b>Intransparency:<\/b> Civil society organisations were not even given 24 hours to be heard in the run-up to the first reading. In contrast to industry representatives, they were also not invited to the expert hearing. The declaration of interpretation was negotiated in secret and is withheld from the public.<\/li>\n<li><b><\/b><b>Group litigation rights continue to exist:<\/b> The possibility for corporations to sue states for damages for progressive laws to protect the climate and consumers remains. Also with reference to <i>indirect expropriation<\/i> and the <i>fair and equitable treatment<\/i>. The present text does not provide any remedy.<\/li>\n<li><b><\/b><b>Climate action deleted: <\/b>Almost all references to climate policy and more concrete agreements on climate protection were removed from the draft declaration of interpretation.<\/li>\n<\/ul>\n<p><b>Press contacts:<\/b><\/p>\n<p>Ludwig vinegar<br \/>\nDepartment of Trade Policy<br \/>\nEnvironmental Institute Munich e.V.<br \/>\nTel.: 0176 546 752 53<br \/>\n<a href=\"mailto:le@umweltinstitut.org\">le@umweltinstitut.org<\/a><\/p>\n<p>Alessa Hartmann<br \/>\nInternational Trade and Investment Policy Officer<br \/>\nPowerShift e.V.<br \/>\nTel: 0177 3013 153<br \/>\n<a href=\"mailto:alessa.hartmann@power-shift.de\">alessa.hartmann@power-shift.de<\/a><\/p>\n<p><b>Links:<\/b><\/p>\n<p>\u2013 Analysis<\/p>\n<p>&nbsp;<\/p>","protected":false},"excerpt":{"rendered":"<p>Greenwashing at the expense of democracy and the environment: PowerShift and Umweltinstitut publish secret CETA interpretation declaration Berlin, 21 September 2023: By means of an \u2018interpretation declaration\u2019, the CETA contractual partners wish to eliminate the ongoing criticism of the investment protection chapter of the Euro-Canadian Free Trade Agreement. PowerShift and the Munich Environmental Institute today published the consolidated text of this interpretation statement and a detailed analysis. Criticizing in it...<\/p>","protected":false},"author":35,"featured_media":80889,"template":"","meta":{"_acf_changed":false},"tags":[137,10,64,272],"thema":[15],"coauthors":[122],"class_list":["post-85933","pressemitteilung","type-pressemitteilung","status-publish","has-post-thumbnail","hentry","tag-ceta","tag-handelsabkommen","tag-handelspolitik-de","tag-pressemitteilung","thema-handelspolitik","entry","has-media"],"acf":[],"_links":{"self":[{"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/pressemitteilung\/85933","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/pressemitteilung"}],"about":[{"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/types\/pressemitteilung"}],"author":[{"embeddable":true,"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/users\/35"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/media\/80889"}],"wp:attachment":[{"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/media?parent=85933"}],"wp:term":[{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/tags?post=85933"},{"taxonomy":"thema","embeddable":true,"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/thema?post=85933"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/power-shift.de\/en\/wp-json\/wp\/v2\/coauthors?post=85933"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}