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Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) – Annex A and B

Annex A

Skip to Annex B

Part A – General modifications

1. Unless otherwise provided for in this Annex:

1. a) the terms, "European Union", "EU", "EU Party", "European Commission", "European", "European Union Member State", "European Union and its Member States", "Member State", and "Member State of the European Union", as well as similar terms, are replaced with "United Kingdom" or "UK";
2. b)“CETA Joint Committee” is replaced with “Canada-UK Joint Committee”;
3. c) “Joint Customs Cooperation Committee (JCCC)” is replaced with “Committee on Customs and Trade Facilitation (“CCTF Committee”)”;
4. d) “CETA Committee on Geographical Indications” is replaced with “Canada-UK Committee on Geographical Indications”;
5. e) “CETA contact points” is replaced with “Canada-UK contact points”; and
6. f) “Canada-European Union Comprehensive Economic and Trade Agreement" and "CETA" are replaced with "Canada-United Kingdom Trade Continuity Agreement (“TCA”)”.

Part B – Chapter-specific modifications

Chapter 1

1. In Article 1.1, the definition of Parties is replaced with “Parties means, on the one hand, Canada, and on the other hand, the UK;”.

2. In Article 1.2:

1. a) in the definition of citizen, sub-paragraph (b) is replaced with “(b) for the UK, a natural person who is a national of the United Kingdom, as defined in the New Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of the term ‘nationals’ together with Declaration No 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon^{Footnote 1}.”;
2. b) in the definition of central government, sub-paragraph (b) is replaced with “(b) for the UK, the Government of the UK.”.

3. In Article 1.3, paragraph (b) is replaced with “(b) for the UK, to the extent that and under the conditions which CETA applied immediately before it ceased to apply to the UK to the territory of the UK and the following territories for whose international relations it is responsible:

1. Gibraltar;
2. The Channel Islands and the Isle of Man."

Chapter 2

1. In Article 2.1, “over a transitional period starting from the entry into force of this Agreement” is deleted.

2. Paragraph 2.3.2 is replaced with “2. Paragraph 1 means, with respect to a government in Canada or the United Kingdom other than the central government, treatment no less favourable than that accorded by that government to like, directly competitive or substitutable goods of Canada or the United Kingdom, respectively.”.

3. In paragraph 2.5.3, “three years after the date of entry into force of this Agreement” is replaced with “21 September 2020”.

4. The second footnote to paragraph 2.10.2 is deleted.

5. The footnote to paragraph 2.10.4 is deleted.

6. In sub-paragraph 2.11.4(b), “for a period of three years following the entry into force of this Agreement” is replaced with “until 21 September 2020”.

7. In paragraph 2.13.3:

1. a) “and” is removed after sub-paragraph (b) and added after sub-paragraph (c); and
2. b) the following new sub-paragraph is added after sub-paragraph (c):
   “(d) provide a forum for cooperation and exchange of information on agriculture issues not covered under this Agreement.”.

8. Paragraph 2.13.4 is deleted.

Annexes 2-A and 2-B

Modifications to these Annexes are set out in Annex B.

Chapter 5

1. Sub-paragraph 5.1.1(e) is deleted.

2. In sub-paragraph 5.5.2(a), “and” is added after “pest-free production site,” and “and a protected zone” is deleted.

3. In sub-paragraph 5.14.2(d), “unless the Parties decide otherwise,” is added after “at least once a year,”.

4. Paragraph 5.14.7 is replaced with “7. Unless the Parties decide otherwise, the Joint Management Committee shall meet and establish its rules of procedure no later than one year after the entry into force of this Agreement, and shall endeavour to establish its work programme.”.

5. In paragraph 5.14.9, “, as necessary, its” is added after “The Joint Management Committee shall report annually on its activities and”.

Annex 5-A

1. Paragraph 1 is replaced with:

1. “1. The following are responsible for the application of SPS measures with respect to domestically produced, exported and imported animals and animal products, plants and plant products, and for issuing health certificates attesting to the agreed SPS measures unless otherwise noted:
   1. (a) an entity notified to Canada upon entry into force of this Agreement; or
   2. (b) a successor entity notified to Canada.”.

Annex 5-E

1. In Section A, in the table "Sanitary Measures":

1. a) Under the sub-heading “Ruminants, equidae, pigs, poultry and farmed game”, in each place this occurs under the headings “Meat products”, “Processed animal proteins for human consumption” and “Rendered animal fat intended for human consumption”, in paragraph 1 of column 4, “special condition 4” is replaced with “special condition 6(a)”.
2. b) Under the heading "Horizontal Issues", paragraph 1 of column 7 is replaced with “1. Lists of Canadian establishments and plants are entered by Canada into the UK electronic import control system established by the UK, provided that the system is readily accessible to Canada; and”.

Annex 5-I

1. a) In sub-paragraph 4(a), “at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union” is replaced with “English”.
2. b) In paragraph 6, “Trade Control and Expert System (“TRACES”)” is replaced with “the UK electronic import control system”.

Chapter 6

1. In paragraph 6.13.3, “the Agreement between Canada and the European Community on Customs Cooperation and Mutual Assistance in Customs Matters, done at Ottawa on 4 December 1997 (the ‘Canada-EU Customs Cooperation Agreement’)” is replaced with “any agreement or arrangement governing customs cooperation and mutual assistance in customs matters between the UK and Canada”.

2. In paragraph 6.13.4, “the Canada-EU Customs Cooperation Agreement” is replaced with “any agreement or arrangement governing customs cooperation and mutual assistance in customs matters between the UK and Canada” and “or arrangement” is added after “as defined in that agreement”.

3. Article 6.14 is replaced with:

“Article 6.14: Committee on Customs and Trade Facilitation

1. The Committee on Customs and Trade Facilitation (“CCTF Committee”), established under sub-paragraph 26.2.1(c) (Specialised committees), shall meet on request of the Committee on Trade in Goods or upon request of a Party and shall ensure the proper functioning of this Chapter, as well as Articles 2.8 (Temporary suspension of preferential tariff treatment) and 20.43 (Scope of border measures).

2. The CCTF Committee may consider:

1. (a) further measures aimed at facilitating trade between the Parties;
2. (b) any issues related to the interpretation, application and administration of this Chapter and Articles 2.8 (Temporary suspension of preferential tariff treatment) and 20.43 (Scope of border measures) in accordance with the objectives of this Agreement; or
3. (c) any issue regarding customs and trade facilitation that are referred to it by a Party.

3. The CCTF Committee shall submit any recommendations to the Committee on Trade in Goods that it considers necessary for the attainment of the common objectives and sound functioning of the mechanisms established in this Chapter and Articles 2.8 (Temporary suspension of preferential tariff treatment) and 20.43 (Scope of border measures).”

Chapter 8

1. In Article 8.1:

1. a) in the definition of covered investment, in sub-paragraph (d), “the date of entry into force of this Agreement” is replaced with “21 September 2017”;
2. b) in the definition of natural person:
   1. i) the text in sub-paragraph (b) is replaced with “in the case of the UK, a natural person who is a national of the UK.”;
      ii) in the second paragraph, “has the nationality of one of the Member States of the European Union” is replaced with “a national of the UK”; and
   2. iii) in the third paragraph, “has the nationality of one of the Member States of the European Union” is replaced with “is a national of the UK”.

3. c) the definition of non-disputing Party is replaced with:

   “non-disputing Party means Canada, if the UK is the respondent, or the UK, if Canada is the respondent;”;

4. d) the definition of respondent is replaced with:

   “respondent means Canada or the UK;”.

2. In paragraph 8.2.1, the footnote following the word “territory” is modified by replacing “to which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied” with “of the UK”.

3. In paragraph 8.2.5, “the Agreement on Air Transport between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009” is replaced with “any agreement or arrangement governing air services between Canada and the United Kingdom”.

4. In paragraphs 8.6.3 and 8.7.2, in each place it occurs, “government of or in a Member State of the European Union” is replaced with “in the UK, other than the central government”.

5. In paragraph 8.9.4:

1. a) the footnote following the word “subsidy” is deleted; and
2. b) in the footnote following the term “competent authority”, everything after “competent authority” is replaced with “is an authority or agency notified in writing by the United Kingdom to Canada through the Canada-UK contact points”.

6. In sub-paragraph 8.15.1(a), sub-sub-paragraph (i) is deleted.

7. In Section F (Resolution of investment disputes between investors and states), incorporated Articles 8.18 through 8.43 as well as incorporated paragraphs 8.44.2 and 8.44.3, except for sub-paragraph (d), do not apply upon entry into force of this Agreement and are subject to a comprehensive review in accordance with Article V (Review of procedures for the resolution of investment disputes between investors and states).

8. In paragraph 8.19.2, sub-paragraphs 8.19.2 (a) through (c) are replaced with:

1. “(a) Ottawa, if the measures challenged are measures of Canada; or
2. (b) London, if the measures challenged are measures of the UK.”.

9.  Paragraph 8.19.7 is deleted.

10. In paragraph 8.19.8, “and, if applicable, its notice requesting a determination of the respondent,” is deleted.

11. Article 8.21 is deleted.

12. In sub-paragraph 8.22.1(b), “and, if applicable, at least 90 days to elapse from the submission of the notice requesting a determination of the respondent” is deleted.

13. Sub-paragraph 8.22.1(c) is deleted.

14. In paragraph 8.36.2, “the notice requesting a determination of the respondent, the notice of determination of the respondent,” is deleted.

15. In paragraph 8.37.2, “, as applicable, the European Union, Member States of the European Union and” is deleted.

16. In sub-paragraph 8.38.1(a), “a notice requesting a determination of the respondent, a notice of determination of the respondent,” is deleted.

Chapter 9

1. In paragraph 9.2.3, “the Agreement on Air Transport between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009” is replaced with “any agreement or arrangement governing air services between Canada and the United Kingdom”.

2. In paragraphs 9.3.2 and 9.5.2, “of or in a Member State of the European Union” is replaced with “in the UK other than the central government”.

3. Sub-sub-paragraph 9.7.1(a)(i) is deleted.

Annex 9-A

1. In paragraph 1, “of or in a Member State of the European Union” is replaced with “in the UK other than the central government”.

2. Sub-paragraph 2(b) is replaced with:

1. “(b) in the case of the UK, a regional government of the UK accords more favourable treatment to a service supplier which is a person of another regional government of the UK, or to a service supplied by this supplier; and”.

3. Paragraph 3 is deleted.

4. In paragraph 4, “Canadian Agreement on Internal Trade, dated 18 July 1994” is replaced with “Canadian Free Trade Agreement, dated 1 July 2017” and “AIT” is replaced with “CFTA”.

Annex 9-C

1. In paragraph 2, “the Agreement on Air Transport between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009” is replaced with “any agreement or arrangement governing air services between Canada and the United Kingdom”.

Chapter 10

1. Sub-paragraph 10.5.1(a) is replaced with:

1. “(a) in the case of Canada:
   • Director
     Temporary Resident Policy and Programs
     Immigration Branch
     Department of Citizenship and Immigration”.

2. Sub-paragraph 10.5.1(b) is replaced with:

1. “(b) In the case of the UK:
   • Head of Services
     Department for International Trade”.

3. Sub-paragraph 10.5.1(c) is deleted.

4. In paragraph 10.5.2, “, and as appropriate the contact points for Member States of the European Union,” is deleted.

5. The footnote to sub-paragraph 10.7.5(d) is deleted.

6. The footnote to paragraph 10.9.3 is deleted.

Annex 10-A

Annex 10-A is deleted.

Annex 10-B

1. In the heading, replace “specific Member States of the European Union” with “the UK”.

2. Paragraph 2 and its footnote are deleted.

3. In each table in paragraphs 3 through 6:

1. a) in the first column, add “UK – ” before “All Sectors”; and
2. b) in the second column, delete “UK:”.

4. In the table in paragraph 7:

1. a) in the first row, in the first column, add “UK –” before “All Activities in Annex 10-D”, and in the second column, delete “UK:”; and
2. b) delete the remaining rows of the table.

Annex 10-E

1. Paragraph 6 is deleted.

2. The footnote to sub-paragraph 9(a) is deleted.

3. The footnote to sub-paragraph 10(a) is deleted.

4. In the table in paragraph 11, in the second column:

1. a)  in each place where it occurs before “UK”, “In” is deleted;
2. b) in the row relating to “UK – All Sectors”, the entry relating to Technologists is replaced with the following: “Annex 10-C does not apply to the UK”; and
3. c) in the row relating to “Research and Development Services”-
   1. i) the footnotes are deleted; and
   2. ii) the EU’s entries for CSS and IP are replaced with the following “UK: None, except: A hosting agreement with an approved research organisation is required.”.

Annex 10-F

1. Paragraph 1 is deleted.

2. In paragraph 2, “in the Member State of origin of the European Union intra-corporate transferee” is replaced with “to the UK”.

Chapter 11

1. In Article 11.1, in the definition of jurisdiction, “each of the Member States of the European Union” is replaced with “the UK”.

2. In paragraph 11.2.2, “in all or some Member States of the European Union and” is deleted.

Chapter 13

1. Sub-sub-paragraph 13.10.1(a)(i) is deleted.

2. Sub-sub-paragraph 13.10.2(a)(i) is deleted.

3. The following sentence is added at the end of paragraph 13.18.1: “For the UK, the Committee representative is an official from Her Majesty’s Treasury, or its successor.”.

4. The following sentence is added at the end of paragraph 13.19.2: “For the UK, this means officials from Her Majesty’s Treasury, or its successor.”.

Annex 13-A: Schedule of the United Kingdom

1. In the title, “(applicable to all Member States of the European Union unless otherwise indicated)” is deleted.
2. The footnote in paragraph 1 is deleted.
3. In paragraph 15, “the entry into force of this Agreement” is replaced with “21 September 2017”.

Chapter 14

1. In Article 14.1, in the definitions of international cargo and international maritime transport services, “, or between a port of one Member State of the European Union and a port of another Member State of the European Union” is deleted.

2. The footnote to sub-paragraph 14.2.2(a) is deleted.

3. Sub-sub-paragraph 14.4.1(a)(i) is deleted.

Chapter 17

1. In paragraph 17.2.3, “in accordance with the Agreement between the European Communities and the Government of Canada Regarding the Application of their Competition Laws, done at Bonn on 17 June 1999” is deleted.

Chapter 19

1. Sub-paragraph 19.4.1(b) is replaced with:

1. “(b) within the UK, treatment no less favourable than that accorded by a sub-central region, including its procuring entities, to goods and services of, and suppliers located in, that sub-central region, as the case may be.”.

2. In paragraph 19.6.2, “the date of entry into force of this Agreement” is replaced with “21 September 2017”.

3. In paragraph 19.17.8, “the entry into force of this Agreement” is replaced with “21 September 2017”.

Market Access Schedule of Canada

1. Under the heading Notes to Canada’s Annex 19-1, in paragraph 1, “for a five-year period following the entry into force of this Agreement” is replaced with “for five years from 21 September 2017”.

Annex 19-4

1. Under the heading Notes to Canada’s Annex 19-4, sub-paragraph 1(g), “after entry into force of this Agreement” is replaced with “from 21 September 2017”.

Market Access Schedule of the United Kingdom

Annex 19-1

1. Section A is deleted.

2. A footnote is added to the heading of Section B:

• “Where the functions of an entity listed in this Annex have been or are transferred to another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Annex (for sub-central contracting authorities, only for those functions). This footnote shall be no longer applicable after the UK has initiated the process under Article 19.18 (Modifications and rectifications to coverage) to update entities under Annex 19-1.”.

Annex 19-2

Section A

1. In paragraph 1, “as defined by Regulation 1059/2003 – NUTS Regulation”, is replaced with “falling under Territorial Units 1, 2 and 3 as described in Paragraph 3 of the General Notes in Annex 19-7”.

2. In paragraph 2, “NUTS 1 and 2, as referred to by Regulation 1059/2003 – NUTS Regulation”, is replaced with “Territorial Units 1 and 2 as described in Paragraph 3 of the General Notes in Annex 19-7”.

3. In paragraph 3, “NUTS 3 and smaller administrative units, as referred to by Regulation 1059/2003 – NUTS Regulation” is replaced with “Territorial Unit 3 as described in Paragraph 3 of the General Notes in Annex 19-7.”.

Section B

1. The heading “Section B: All contracting authorities which are bodies governed by public law as defined by European Union procurement directive” is replaced with:

• “Section B: All contracting authorities which are bodies governed by public law for England, Wales, and Northern Ireland, as defined by the Public Contracts Regulations 2015; and for Scotland, as defined by the Public Contracts (Scotland) Regulations 2015”.

Annex 19-3

1. The first paragraph is amended as follows:

1. a) “contracting entities” is replaced with “utilities”;
2. b) “the European Union utilities directive” is replaced with “the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016”; and

3. c) The text in the footnote in the first paragraph following the listing of thresholds is replaced with:

   “According to the Utilities Contracts Regulations 2016, a ‘public undertaking’ means any undertaking over which contracting authorities may exercise directly or indirectly a dominant influence by virtue of:

   1. (a) their ownership of that undertaking;
   2. (b) their financial participation in that undertaking; or
   3. (c) the rules which govern that undertaking.

   According to the Utilities Contracts (Scotland) Regulations 2016, a ‘public undertaking’ means a person over which one or more contracting authorities are able to exercise, directly or indirectly, a dominant influence by virtue of one or more of the following:

   1. (a) their ownership of that person;
   2. (b) their financial participation in that person;
   3. (c) the rights accorded to them by the rules which govern that person.

   According to both the Utilities Contract Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016, a dominant influence on the part of the contracting authorities is presumed in any of the following cases in which those authorities, directly or indirectly:

   1. (a) hold the majority of the undertaking’s subscribed capital;
   2. (b) control the majority of the votes attaching to shares issues by the undertaking;
   3. (c) can appoint more than half the undertaking’s administrative, management or supervisory body.”.

2. Under the heading Notes to the United Kingdom’s Annex 19-3:

1. a) In paragraph 2(b), “in a non-European Economic Area country” is replaced with “outside of the United Kingdom”.
2. b) The footnote in sub-paragraph 5(a)(i) is replaced with “‘affiliated undertaking’ means any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.”.

Annex 19-4

1. The opening paragraph of paragraph 2 is replaced with:  

• “2. This Chapter covers only the supplies and equipment that are described in the Chapters of the Combined Nomenclature (CN) specified below and that are purchased by Ministry of Defence and Agencies for defence or security activities in the United Kingdom that are covered by this Agreement:”.

Annex 19-7

1. Sub-sub-paragraph 1(c)(iii) is replaced with:

1. “(iii) local contracting authorities covered in Section B of Annex 19-2 (identified therein as Territorial Unit 3 and smaller); or”.

2. Paragraph 2 is replaced with:

• “2. The Territorial Units for the purposes of paragraphs 1, 2 and 3 in Annex 19-2 and sub-sub-paragraph 1(c)(iii) in Annex 19-7 are set out in the List of Territorial Units table below.”.

3. The following table is added after paragraph 3:

Annex 19-8

1. In Section B, in paragraph 28.1, “Official Journal of the European Union” is replaced with “Upon entry into force of this Agreement, the United Kingdom shall provide Canada with the United Kingdom’s electronic or paper media utilised for the publication of notices required by Articles 19.6, 19.8.7 and 19.15.2, pursuant to Article 19.5.”.

2. In Section C, paragraph 1 is replaced with “1. Upon entry into force of this Agreement, the United Kingdom shall provide Canada with details of the website address or website addresses where the United Kingdom publishes procurement statistics pursuant to Article 19.15.5 and notices concerning awarded contracts pursuant to Article 19.15.6.”.

Chapter 20

1. In Article 20.21, paragraphs 1, 2, 3, 4, 11, 12 and 13 and the footnotes to these paragraphs are deleted.

2. In paragraph 20.22.2:

1. a) “the date of signing of this Agreement is” is replaced with “30 October 2016 was”; and
2. c) the expression “Register of the European Union” is not modified by paragraph 1 of Part A.

Annex 20-A

1. All entries listed in the Table in Part A, except for the first row containing the headings, are deleted.

Annex 20-B

2. Annex 20-B is deleted.

Chapter 21

1. Paragraph 21.2.5 is deleted.

2. Paragraph 21.7.4 is replaced with “The Parties may establish reciprocal exchange of information on the safety of consumer products and on preventive, restrictive and corrective measures taken. In particular, a Party may receive selected information from the other Party’s database containing information relating to market surveillance and product safety with respect to consumer products and cosmetics. This reciprocal exchange of information shall be done on the basis of an arrangement setting out the measures referred to under paragraph 5.”.

3. In sub-paragraph 21.9.1(b), “the International Affairs Unit of the Directorate General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission” is replaced with “the Trade Policy Group of the Department for International Trade”.

Chapter 25

1. In sub-paragraph 25.1.1(a), “Dialogue on Biotech Market Access Issues” is replaced with “Dialogue on Agricultural Biotech Market Access Issues, as referred to in Article 25.2”.

2. The title of Article 25.2 is replaced with “Dialogue on Agricultural Biotech Market Access Issues”.

3. In paragraph 25.2.1, the opening paragraph is replaced with:

• “The Parties agree that cooperation and information exchange on issues in connection with biotechnology products are of mutual interest. Such cooperation and exchange of information shall take place in a bilateral Dialogue on Agricultural Biotech Market Access Issues. The bilateral Dialogue on Agricultural Biotech Market Access Issues covers any relevant issue of mutual interest to the Parties, including:”.

4. In sub-paragraph 25.2.1(d), “including measures of Member States of the European Union” is deleted.

5. In paragraph 25.5.3, “Agreement for Scientific and Technological Cooperation between the European Community and Canada, done at Halifax on 17 June 1995” is replaced with “Memorandum of Understanding between the Department of Foreign Affairs, Trade and Development of Canada and the Department for Business, Energy, and Industrial Strategy of the United Kingdom of Great Britain and Northern Ireland concerning Science, Technology and Innovation, signed at Ottawa on 18 September 2017”.

Chapter 26

1. In paragraph 26.1.1, “Member of the European Commission responsible for Trade” is replaced with “Secretary of State responsible for International Trade in the UK”.

2. In paragraph 26.2.1, “, or in the case of the Joint Customs Cooperation Committee referred to in subparagraph (c), is granted authority to act under the auspices of the CETA Joint Committee” is deleted.

3. Sub-paragraph 26.2.1(c) is replaced with “the Committee on Customs and Trade Facilitation, which addresses matters concerning customs and trade facilitation”.

4. After sub-paragraph 26.2.1(h), “and” is deleted.

5. In sub-paragraph 26.2.1(i), “.” is replaced with “; and”.

6. After sub-paragraph 26.2.1(i), the following sub-paragraph is added:

1. “(j) the Committee on Rules of Origin and Origin Procedures, which addresses matters concerning rules of origin and origin procedures.”.

Chapter 28

1. In Article 28.2:

1. a) in the definition of competition authority, sub-paragraph (b) is replaced with “for the UK, the Competition Markets Authority or a regulator listed in section 54(1) of the Competition Act 1998(c.41) or a successor notified to the other Party through the Canada-UK contact points;”;
2. b) in the definition of competition laws, sub-paragraph (b) is replaced with “for the UK, the Competition Act 1998 (c.41), and Part 3 of, and Schedules 7, 8, and 10 to, the Enterprise Act 2002 (c.40); and”; and
3. c) in the definition of information protected under its competition laws, sub-paragraph (b) is replaced with “for the UK, information obtained by a competition authority under the Competition Act 1998 (c.41) and Part 3 of the Enterprise Act 2002 (c.40).”.

2. In paragraph 28.3.1, “Article 30.8.5 (Termination, suspension or incorporation of other existing agreements),” is deleted.

3. Article 28.4 is deleted.

4. In Article 28.5, “Where Canada or a Member State that is not a member of the European Monetary Union” is replaced with “If a Party”.

5. In sub-paragraph 28.7.7(d), the final “.” is replaced with “, or its successor. For the UK, this means officials from Her Majesty’s Revenue and Customs, or its successor.”

Annex 29-A

1. In paragraph 27, “Brussels” is replaced with “London”.

Chapter 30

1. In paragraph 30.2.2, “, except for Annex 10-A (List of Contact Points of the Member States of the European Union)” is deleted.

2. Article 30.7 is deleted.

3. Paragraphs 30.8.1, 30.8.2, 30.8.5, 30.8.6 and 30.8.7 are deleted.

4. In paragraph 30.9.1, “General Secretariat of the Council of the European Union” is replaced with “UK Foreign, Commonwealth and Development Office”.

5. After paragraph 30.9.2, the following paragraph is added:

• “3. For greater certainty, Article 30.9.2 of CETA shall not apply between the United Kingdom and Canada from the date CETA ceases to apply to the United Kingdom.”.

6. Articles 30.10 and 30.11 are deleted.

Modifications to the agreements incorporated by reference pursuant to paragraph 30.8.3, as amended by Annex 30-B, and modifications to Annex 30-B, are set out in Part C of this Annex.

Annex 30-D

1. Annex 30-D is deleted.

Protocol on rules of origin and origin procedures

1. In Article 1, in the definition of customs authority, “or, for the EU, where provided for, the competent services of the European Commission” is deleted.

3. After paragraph 3.2, the following paragraphs are added: 

1. “2A. For the purposes of paragraph 1, a material produced in the EU that would have satisfied the rules of origin had the territory of the EU been part of the free trade area established by this Agreement shall be deemed as originating when used in the production of a product in a Party.
2. 2B. For the purposes of determining the originating status of a product, an exporter may take into account production carried out on a non-originating material in the EU.
3. 2C. Paragraphs 2A and 2B will cease to apply three years after the date of entry into force of this Agreement. Not more than 30 months after the entry into force of this Agreement the Parties shall discuss and decide whether the period should be extended.  If they agree, the application of paragraphs 2A and 2B may be extended by decision of the Canada UK Joint Committee.
4. 2D. The Parties shall continue to seek and work towards mutually beneficial and more liberal rules of origin that best reflect Canada’s and the UK’s supply chains and sectoral interests.”

3. In new paragraph 2A, the following footnote to the term “territory of the EU” is added:

• “For the purposes of this Protocol, “territory of the European Union” means the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied and under the conditions laid down in those Treaties and shall also apply to the areas of the European Union customs territory.”.

4. In paragraph 3.3, “and 2” is replaced with “through 2B”.

5. In paragraph 3.4, “paragraph 2” is replaced with “paragraphs 2 or 2B”.

6. In sub-paragraph 4.1(h), “or taken within the limits of the territorial sea of a Member State of the European Union by a vessel fulfilling the conditions of paragraph 2 with respect to the UK;” is added after “vessel”.

7. In sub-sub-paragraphs 4.2(a)(ii) through 4.2(b)(ii), in each place it occurs, “a Member State of the European Union” is replaced with “the UK or a Member State of the European Union”.

8. In paragraph 7.2, “in the European Union” is replaced with “in the UK, in the European Union”.

9. In sub-paragraph 19.1(a), “the relevant European Union legislation” is replaced with “requirements pursuant to the Taxation (Cross Border Trade) Act 2018, (c.22)”.

10. In paragraph 28.2, “, through the European Commission,” is deleted.

11. In paragraphs 29.13 and 29.15, “the Joint Customs Cooperation Committee” is replaced with “the Committee on Rules of Origin and Origin Procedures”.

12. In the heading to Article 34, after “Committee”, “on Rules of Origin and Origin Procedures” is added.

13. The text in Article 34 is replaced by:

1. “1. The Committee on Rules of Origin and Origin Procedures (“ROOP Committee”), established under Article 26.2.1(j) (Specialised committees), shall meet on request of the Committee on Trade in Goods or on request of a Party, and shall consider any matters arising under this Protocol and recommend amendments to its provisions to the Committee on Trade in Goods.
2. 2. The ROOP Committee shall consult with a view to ensuring that this Protocol is administered effectively, uniformly and consistently with the spirit and objectives of this Agreement.
3. 3. The ROOP Committee may consider:
   1. a) the uniform administration of the rules of origin, including tariff classification and valuation matters relating to this Protocol;
   2. b) technical, interpretative, or administrative matters relating to this Protocol; or
   3. c) the priorities in relation to origin verifications and other matters arising from origin verifications.”.

Annex 2

1. In the third footnote of the Origin Declaration, “When the origin declaration relates, in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate the symbol ’CM’.” is deleted.

Annex 4

1. Paragraph 1 is replaced with "For the purposes of this Protocol, reference to the European Union does not include Ceuta and Melilla.".

2. Paragraphs 2 through 7 are deleted.

Annex 5

1. In the table headed "Product specific rule for sufficient production pursuant to Article 5", for HS classification 87.01, in the footnote to the description, “The application of cumulation and of the new rule of origin will be published in the Official Journal of the European Union for information purposes.” is deleted.

2. In the same table, for HS classification 87.03, in the footnote to the description, “seven years after the entry into force of this Agreement” is replaced with “on 17 September 2024”.

Annex 5-A

1. In paragraph 7, “Year 1” is replaced with “the year of entry into force of this Agreement, for the period from the date of entry into force until December 31 of that year,”.

2. In paragraph 8, “European Commission” is replaced with “UK Customs Authority”.

3. The following paragraph is added after paragraph 10:

• “11. The annual quotas set out in this Annex will cease to apply three years after entry into force of this Agreement. Not more than 30 months after the entry into force of this Agreement, the Parties shall discuss and decide whether the period should be extended. If they agree, the application of the annual quotas set out in this Annex may be extended by decision of the Canada-UK Joint Committee.”.

4. The following paragraph is added after paragraph 11:

1. “12. If the annual quotas set out in this Annex cease to apply in accordance with paragraph 11, the Parties shall calculate the volumes of these quotas in the final year by discounting the volume corresponding to the period running between the date the origin quota ceased to apply and 31 December of that year.”.

Section A – Agriculture

1. In “Table A.1 - Annual Quota Allocation for High-Sugar Containing Products Exported from Canada to the United Kingdom”, in the 4th column, “30,000” is replaced with “12,600”.

4. In “Table A.2 – Annual Quota Allocation for Sugar Confectionery and Chocolate Preparation Exported from Canada to the United Kingdom”, in the 4th column, “10,000” is replaced with “4,200”.

3. In “Table A.3 – Annual Quota for Allocation for Processed Foods Exported from Canada to the United Kingdom”, in the 4th column, “35,000” is replaced with “19,250”.

4. In “Table A.4 – Annual Quota Allocation for Dog and Cat Food Exported from Canada to the United Kingdom”, in the 4th column, “60,000” is replaced with “16,200”.

5. In “Table B.1 – Annual Quota Allocation for Fish and Seafood Exported from Canada to the United Kingdom”:

1. a) for HS classification ex. 0306.12, in the 3rd column, “2,000” is replaced with “840”;
2. b) for HS classification 1604.11, in the 3rd column, “3,000” is replaced with “2,400”; and
3. c) for HS classification 1605.21-1605.29, in the 3rd column, “5,000” is replaced with “2,700”.

6. In “Table D.1 – Annual Quota Allocation for Vehicles Exported from Canada to the United Kingdom”, in the 4th column, “100,000” is replaced with “60,000”.

7. In Note 1:

1. a) in the 4th paragraph, “in the Official Journal of the European Union” is replaced with “on-line”; and
2. b) in the 10th paragraph,“the conclusion of negotiations on” is deleted.

8. In Note 2, in the 4th paragraph, “in the Official Journal of the European Union” is replaced with “on-line”.

Annex 7

1. The paragraphs under the heading “Joint Declaration Concerning the Principality of Andorra” are deleted and replaced with:

• “Products produced in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System that would have satisfied the rules of origin in this Protocol, had the territory of the Principality of Andorra been part of the free trade area established by this Agreement, shall be deemed as originating when used in the production of a product in the territory of a Party.”.

2. The paragraphs under the heading “Joint Declaration Concerning the Republic of San Marino” are deleted and replaced with:

•  “Products produced in the Republic of San Marino that would have satisfied the rules of origin in this Protocol, had the territory of the Republic of San Marino been part of the free trade area established by this Agreement, shall be deemed as originating when used in the production of a product in the territory of a Party.”.

Protocol on the mutual acceptance of the results of conformity assessment

1. In Article 1,

1. a) the definition of European Union technical regulation is deleted and replaced with “UK technical regulation means a technical regulation of the UK”;
2. b) in the definition of in-house body, “an accredited in-house body fulfilling the requirements in Article R21 of Annex I to Decision 768/2008/EC” is replaced with “an accredited in-house body fulfilling the requirements in UK law which correspond to requirements in Article R21 of Annex I to Decision 768/2008/EC”; and
3. c) the definition of Mutual Recognition Agreement is deleted.

2. In sub-paragraph 2.5(f), “the Agreement on Civil Aviation Safety between Canada and the European Community, done at Prague on 6 May 2009” is replaced with “any agreement or arrangement governing civil aviation safety between Canada and the UK”.

3. In sub-sub-paragraph 3.1(b)(ii), “by a Member State of the European Union” is deleted.

4. In paragraph 3.3, “The European Union shall assign an identification number to conformity assessment bodies established in Canada that are recognised under this Protocol, and shall list those conformity assessment bodies in the information system of the European Union, namely the New Approach Notified and Designated Organisations (‘NANDO’) or a successor system.” is deleted.

5. In paragraph 5.1, “The European Union shall allow Canada to use the European Union’s electronic notification tool for those purposes.” is deleted.

6. In sub-paragraph 5.2(a), “the conformity assessment body meets the requirements set out in Article R17” is replaced with “the conformity assessment body meets the requirements set out in UK law which correspond to requirements set out in Article R17”.

7. In paragraph 5.3, “The Parties shall deem the applicable requirements of Article R17” is replaced with “The Parties shall deem the applicable requirements in UK law which correspond to requirements in Article R17”, and “that the conformity assessment body meet requirements equivalent to the applicable requirements of Article R17” is replaced with “that the conformity assessment body meet requirements equivalent to the applicable requirements of UK domestic law modelled on Article R17”.

8. In paragraph 5.4, “If the European Union considers revising the requirements set out in Article R17” is replaced with “If the UK considers revising the requirements set out in UK law which correspond to requirements in Article R17”.

9. In Article 16, “Transition from the Mutual Recognition Agreement” is replaced with “Transition from CETA” and “a conformity assessment body, which had been designated under the Mutual Recognition Agreement” is replaced with “a conformity assessment body, established in the territory of one of the Parties, which had been designated under CETA”.

Protocol on the mutual recognition of the compliance and enforcement programme regarding good manufacturing practices for pharmaceutical products

1. In Article 12.6, “recognised as equivalent under the Agreement on Mutual Recognition Between the European Community and Canada, done at London on 14 May 1998” is replaced with “listed in Annex 2”.

Annex I – Reservations for existing measures and liberalisation commitments
Headnote

1. In sub-sub-sub-paragraph 3(f)(iii)(A), "at Member State level" is replaced with "in the UK".

2. Paragraph 8 is deleted.

UK
Reservations applicable in the UK

1.In the title, “(applicable in all Member States of the EU unless otherwise indicated)” is deleted.

2. Unless otherwise indicated below, “EU level” is deleted from the Level of Government element of each reservation.

3. The following reservations are modified as follows:

1. a. Sector: All sectors
   Sub-sector:
   Type of Reservation: National treatment
   1. i. In the Measures element, “Treaty on the Functioning of the European Union” is replaced with “As set out in the Description element”.
   2. ii. In the Description element:

      1. A. The first paragraph is replaced with:

         “Companies or firms formed in accordance with the law of the UK and having their registered office, central administration or principal place of business in the UK, including those established in the UK by Canadian investors, may, as regards the right of establishment, be treated more favourably than branches or agencies of companies or firms established outside the UK.”.

      2. B. The following paragraph is added after the second paragraph:

         “For greater certainty, the scope of this reservation shall not be interpreted more broadly than the scope of the national treatment reservation in Annex I of CETA that is applicable in the European Union and that, for the Measures element, refers to the Treaty on the Functioning of the European Union.”.

2. b. Sector: Research and development services
   Sub-Sector: Research and experimental development services on natural sciences and engineering, interdisciplinary research and experimental development services
   Type of Reservation: National treatment, market access

   1. i. The Measures element is replaced with:

      “Measures: All currently existing and all future research or innovation programmes.”.

      1. ii. In the first paragraph of the Description element, “EU at EU level” is replaced with “UK”.
      2. iii. The second paragraph of the Description element is deleted.
3. c. Sector: Agriculture
   Sub-Sector:
   Type of Reservation: Performance requirements
   1. i. In the Level of Government element, “EU level” is replaced with “National”.
4. d. Sector: Transport
   Sub-Sector: Supporting services for air transport
   Type of Reservation: national treatment, market access, most-favoured-nation treatment
   1. i. In the Industry Classification element, the following is added after “Rental of aircraft”:
   2. “CPC 7461, CPC 7469, CPC 83104”
   3. ii. In the Type of Reservation element, “CPC 7461, CPC 7469, CPC 83104” is deleted.
   4. iii. In the Description element:
      1. A. In the first paragraph, “the Member State of the EU licensing the carrier or, if the licensing Member State of the EU so allows, elsewhere in the EU” is replaced with “the UK”.
      2. B. In the second paragraph, “the Member State of the EU licensing the air carrier of the EU” is replaced with “the UK”.
      3. C. In the third paragraph, “the Agreement on Air Transport between Canada and the European Community and its Member States” is replaced with “any agreement or arrangement governing air services between Canada and the UK”.
      4. D. In the fifth paragraph, each instance of “non-EU” is replaced with “non-UK”.
5. e. Sector: Transport
   Sub-Sector: Internal waterways transport, supporting services for internal waterways transport
   Type of Reservation: National treatment, market access, obligations
   1. i. In the Level of Government element, “EU level” is replaced with “National”.
6. f. Sector: Transport
   Sub-Sector: Other transport services (provision of combined transport services)
   Type of Reservation: Market access
   1. i. In the first paragraph of the Description element, each instance of “between Member States of the EU” is replaced with “in the UK”.
7. g. Sector: Supporting services for all modes of transport
   Sub-Sector: Customs clearance services
   Type of Reservation:National treatment, market access
   1. i. In the Measures element, “Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and subsequent amendments” is replaced with “Taxation (Cross-border Trade) Act 2018 (c.22)”.

   2. ii. In the Measures element, after “Taxation (Cross-border Trade) Act 2018 (c.22)”, a new footnote is inserted as follows:

      “For greater certainty, the scope of this reservation shall not be interpreted more broadly than the scope of the corresponding reservation in Annex I of CETA that is applicable in the European Union and that refers to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and subsequent amendments. Paragraph 4 of Article III (Retained Law) of the TCA applies to a dispute arising in relation to the scope of this reservation.”

8. h. Sector: Business services
   Sub-Sector: Legal services
   Type of Reservation: National treatment, market access
   1. i. In the second paragraph of the Description element, “EU law and the law of Member States of the EU” is replaced with “the law of the UK”.
9. i. Sector: Energy
   Sub-Sector: Extraction of crude petroleum and natural gas, services incidental to mining, related scientific and technical consulting services
   Type of Reservation: Market access
   1. i. In the Measures element, “Petroleum Act 1988” is replaced with “Petroleum Act 1998”.

4. The title, “Reservations applicable in the United Kingdom”, is deleted.

ANNEX II

Headnote

Reservation for future measures

5. Paragraph 5 is replaced with:

1. “5. A reservation taken by Canada or the UK at the national level of government applies to a measure of a government at the regional, provincial, territorial or local level within that country.”.

6. Paragraph 9 is deleted.

UK

Reservations applicable in the UK

7. In the title, “(applicable in all Member States of the EU unless otherwise indicated)” is deleted.

8. The following reservations are modified as follows:

1. a. Sector: Fishing, aquaculture, services incidental to fishing
   Sub-Sector:
   Type of Reservation: Market access, national treatment, most-favoured-nation treatment, performance requirements
   Description: Investment and Cross-Border Trade in Services
   1. i. In the first paragraph of the Description element, “the Common Fisheries Policy, and of” is deleted.
   2. ii. In sub-paragraph (c) of the second paragraph of the Description element, the “a” before “Canada” is deleted.
   3. iii. The fifth paragraph of the Description element is deleted.
2. b. Sector: Business services
   Sub-Sector: Legal services, services of notaries, services by bailiffs
   Type of Reservation: Market access, national treatment, senior management and boards of directors
   Description: Investment and Cross-Border Trade in Services
   1. i. In the Description element, “‘huissiers de justice’ or other ‘officiers publics et ministériels’,” is deleted.
3. c. Sector: Distribution and health services
   Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists
   Type of Reservation: Market access
   Description: Cross-Border Trade in Services
   1. i. The paragraphs of the Description element are replaced with:
      “Mail order is only possible from the UK, thus establishment in the UK is required for the retail of pharmaceuticals and specific medical goods to the general public in the UK.”
4. d. Sector: Distribution and health services
   Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists
   Type of Reservation: Market access
   Description: Investment
   1. i. This reservation is deleted.
5. e. Sector: Health services
   Sub-Sector:
   Type of Reservation: Market access, national treatment, performance requirements, senior management and boards of directors
   Description: Investment
   1. i. The fifth paragraph of the Description element is replaced with: “Complementary reservations may be found further below.”.
6. f. Sector: Health services
   Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services
   Type of Reservation: Market access
   Description: Cross-Border Trade in Services
   
   1. i. The third paragraph of the Description element is replaced with: “Complementary reservations may be found further below.”.
7. g. Sector: Social services
   Sub-Sector:
   Type of Reservation: Market access, national treatment, performance requirements, senior management and boards of directors
   Description: Investment
   1. i. The third paragraph of the Description element is replaced with: “Complementary reservations may be found further below.”.
8. h. Sector: Financial services
   Sub-Sector: Banking and other financial services (excluding insurance)
   Type of Reservation: Market access, national treatment, cross-border supply of financial services
   Description: Financial services
   1. i. In the Description element, “the same Member State of the EU” is replaced with “the UK”.
9. i. Sector: Transport
   Sub-Sector: Water transport
   Type of Reservation: national treatment, market access, senior management and board of directors
   Description: Investment
   1. i. In the Description element, each of the following is replaced with “the UK”:
      1. A. “the State of establishment”; and
      2. B. “the Member State of the EU concerned”.
10. j. Sector: Transport
    Sub-Sector: Water transport, supporting services for water transport
    Type of Reservation: Market access, national treatment, senior management and boards of directors, most-favoured-nation treatment, obligations
    Description: Investment, Cross-Border Trade in Services and International Maritime Transport Services
    1. i. In the second paragraph of the Description element, “the same Member State of the EU” is replaced with “the UK”.
11. k. Sector: Transport
    Sub-Sector: Internal waterways transport
    Type of Reservation: Most-favoured-nation treatment
    Description: Investment and Cross-Border Trade in Services
    1. i. In the first paragraph of the Description element, “(including agreements following the Rhine-Main-Danube link)” is deleted.
12. l. Sector: Transport
    Sub-Sector: Road transport:  passenger transportation, freight transportation, international truck transport services
    Type of Reservation: Market access, national treatment
    Description: Investment and Cross-Border Trade in Services
    1. i. The second paragraph of the Description element is deleted.
13. m. Sector: Transport
    Sub-Sector: Road and rail transport
    Type of Reservation: Most-favoured-nation treatment
    Description: Investment and Cross-Border Trade in Services
    1. i. In the first paragraph of the Description element, “the EU or the Member States of the EU” is replaced with “the UK”.
14. n. Sector: Energy
    Sub-Sector: Electricity and gas transmission systems, Oil and gas pipeline transport
    Type of Reservation: National treatment, market access, performance requirements, senior management and boards of directors
    Description: Investment
    1. i. In the first paragraph of the Description element, “the EU as a whole, or of an individual Member State of the EU” is replaced with “the UK”.

9. The title, “Reservations applicable in the United Kingdom”, is deleted.

Annex I - Reservations for existing measures and liberalisation commitments

Schedule of Canada – Federal

Reservations applicable in Canada (applicable in all Provinces and Territories)

1. In reservation I-C-1, in paragraph 3 of the Description element, “CAD $369 million in 2015” is replaced with “CAD $398 million in 2018”.

Schedule of Canada – Provincial and Territorial

Reservations applicable in Québec

2.In reservation I-PT-146, in paragraph 1 of the Description element, “Agreement on Internal Trade” is replaced with “Canadian Free Trade Agreement”.

Annex II – Reservations for future measures

Schedule of Canada

Reservations applicable in Canada (applicable in all Provinces and Territories)

1. In reservation II-C-13, in paragraph 2 of the Description element, “the Agreement on Air Transport Between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009” is replaced with “any agreement or arrangement governing air services between Canada and the United Kingdom”.

2. In reservation II-C-14,

1. a) in sub-sub-paragraph 4(b)(i) of the Description element, “the first (national) registries referred to in paragraph 1 of the Annex to Commission communication C(2004) 43 – Community guidelines on State Aid to maritime transport” is replaced with “the first national register of the United Kingdom”;
2. b) in sub-sub-paragraph 4(b)(ii) of the Description element, “first (national) or second (international) registries referred to in paragraphs 1, 2, and 4 of the Annex to Commission communication C(2004) 43 – Community guidelines on State Aid to maritime transport” is replaced with “first national register of the United Kingdom or the Gibraltar registry”.

3. In reservation II-C-18, in paragraph 2 of the Description element, “the Agreement on Air Transport Between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009” is replaced with “any agreement or arrangement governing air services between Canada and the United Kingdom”.

Part C

Modifications to the agreements incorporated by reference pursuant to paragraph 30.8.3 and modifications to Annex 30-B

Modifications to the 1989 Alcoholic Beverages Agreement

The 1989 Alcoholic Beverages Agreement, as incorporated by reference pursuant to paragraph 30.8.3, is modified as follows:

1. The title is replaced with “Agreement between the United Kingdom of Great Britain and Northern Ireland and Canada concerning trade and commerce in alcoholic beverages (the “Canada-UK Alcoholic Beverages Agreement”)”.

2. Throughout the Canada-UK Alcoholic Beverages Agreement, “European Economic Community” and “Community” are replaced with “United Kingdom” and “UK”, respectively.

3. Notwithstanding Article I.2 of the TCA, a reference to “this Agreement” in the Canada-UK Alcoholic Beverages Agreement means the Canada-UK Alcoholic Beverages Agreement.

4. In Article 1:

1. a) “Canadian competent authority” is replaced with “competent authority”;
2. b) the definition of “the Community” is deleted; and
3. c) in the definition of “product of the UK”, “the customs territory of” is deleted.

5. Article 8 is deleted.

6. For greater certainty, the two Exchanges of Letters concerning the 1989 Alcoholic Beverages Agreement between the Government of Canada and the Council of the European Communities, done at Brussels on 28 February 1989, are not incorporated into or made part of the Canada-UK Alcoholic Beverages Agreement.

Modifications to the 2003 Wines and Spirit Drinks Agreement

The 2003 Wines and Spirit Drinks Agreement, as incorporated by reference pursuant to paragraph 30.8.3, is modified as follows:

1. The title is replaced with “Agreement between the United Kingdom of Great Britain and Northern Ireland and Canada on trade in wines and spirit drinks (the “Canada-UK Wines and Spirit Drinks Agreement”)”.

2. Throughout the Canada-UK Wines and Spirit Drinks Agreement, including its Annexes:

1. a)“European Community” is replaced with “United Kingdom”; 
2. b) “Community”, “Community or one of its Member States” and “a Member State of the Community” are replaced with “UK” or “the UK”, as appropriate; and
3. c) “1989 Agreement” is replaced with “Canada-UK Alcoholic Beverages Agreement”.

3. Notwithstanding Article I.2 of the TCA, a reference to “this Agreement” in the Canada-UK Wines and Spirit Drinks Agreement means the Canada-UK Wines and Spirit Drinks Agreement.

4. In paragraph 3.1, “Agreement between the European Economic Community and Canada concerning trade and commerce in alcoholic beverages concluded on 28 February 1989” is replaced with “Agreement between the United Kingdom of Great Britain and Northern Ireland and Canada concerning trade and commerce in alcoholic beverages”.

5. Article 12 is deleted.

6. Paragraph 17.1 is deleted.

7. In paragraph 17.2, “By the end of a transitional period of two years from the date of entry into force of this Agreement,” is deleted.

8. In paragraph 17.3, “paragraphs 1 and 2” are replaced with “paragraph 2”.

9. Paragraph 19.2 is deleted.

10. Paragraph 24.2 is replaced with “The certification, analysis or testing requirements referred to in paragraph 1 shall be no more restrictive than necessary.”

11. In Article 25, the phrases “, if produced in Canada or Luxembourg,” and “or, if produced in Austria or Germany, 'Eiswein'," are deleted.

12. Article 33 is deleted.

13. Paragraph 34.3 is deleted.

14. In paragraph 36.1, “Wines or spirit drinks which, at the date of or prior to the entry into force of this Agreement, have been produced” is replaced with “Wines or spirit drinks which, at 1 June 2004, had been produced”.

15. Sub-sub-paragraph 36.1(b)(i) is deleted.

16. Article 40 is deleted.

17. Article 41 is deleted.

18. In paragraph 42.1, “Any reliance by Canada on the first sentence of Article 24(6) of the TRIPS Agreement shall be subject to Article 12.” is deleted.

19. In Annex I, Section B – UK, paragraphs 29 and 30 are deleted.

20. In Annex II, Section B – UK, sub-paragraph 1.2(b) is replaced with “(b) for certain wines originating in the UK, as laid down in UK rules: 1,5 g/1 (25 meq/1).”

21. In Annex II, Section B – UK, sub-paragraph 1.4(a), “(b), (c), (d) and (e)” is replaced by “(b) and (c)”; and sub-paragraphs 1.4(d) and 1.4(e) are deleted.

22. In Annex II, Section C – Analysis Methods, “International Vine and Wine Office” is replaced with “International Organisation of Vine and Wine”; and “Office” is replaced with “Organisation”.

23. In Annex III(a):

1. a) geographical indications relating to parts of the EU that are not the UK are deleted;
2. b) the title “IN THE UNITED KINGDOM” is deleted; and 
3. c) the following footnote is added after the word “regions”: ““English vineyards” and “Welsh vineyards” are not Protected Designations of Origin or Protected Geographical Indications under the Statutory Instrument 2011, No 2936 The Wine Regulations 2011. The Parties shall consider an appropriate amendment to this Annex in accordance with Article 13 to consider the inclusion of the UK’s Protected Designations of Origin and Protected Geographical Indications.”

24. The content of Annex IV(a), with the exception of the title, is replaced with the following text:

1. 1. (a) Whisky

   Scotch Whisky
   Irish Whisky
   (These may be supplemented by the terms 'malt' or 'grain'.)

   1. (b) Whiskey

   Irish Whiskey
   Uisce Beatha Eireannach/Irish Whiskey  
   (These may be supplemented by the terms 'Pot Still'.)

2. Liqueur

   Irish Cream

25. The terms listed in Appendix 1(i) of Annex V,  Terms as referred to in Article A, are deleted.

26. The terms listed in Appendix 1(ii) of Annex V,  Terms as referred to in Articles B and D, are deleted.

27. In Annex VI (a), the term “British Columbia Wine Institute” is replaced with “British Columbia Wine Authority”.

28. For greater certainty, the Final Act, Joint Declarations attached to the Final Act and Declarations attached to the Final Act are not incorporated into or made part of the Canada-UK Wines and Spirit Drinks Agreement.

Modifications to Annex 30-B

1. Section A is deleted.

2. In Section D,

1. a) in Article 4a.3, “differential” is added after “cost of service”; and
2. b) the text in Article 4a.4 is replaced with “The cost of service differential shall be justified in line with standard accounting procedures by independent auditors on the basis of an audit. Upon a Party’s request, the other Party shall make available its most recently completed audit that explains the cost of service differential applicable to the products of the requesting Party.”.

DECLARATIONS

In relation to the TCA:

1. Canada and the United Kingdom of Great Britain and Northern Ireland adopt the “Joint Declaration on WTO negotiations”, “Joint Declaration on labelling” and “Joint Declaration on outlets” attached to the Final Act of the Agreement between the European Community and Canada on trade in wines and spirit drinks, subject to the modifications set out below:
   1. a) “Community” is replaced with “UK”; and
   2. b) “Annex VIII, Article C” is replaced with “Canada-UK Alcoholic Beverages Agreement, Article 2”.
2. Canada and the United Kingdom of Great Britain and Northern Ireland note the “Declaration by Canada on geographical indications” and “Declaration by the Community on geographical indications” attached to the Final Act of the Agreement between the European Community and Canada on trade in wines and spirit drinks, subject to the modifications set out below:
   1. a) “Community” is replaced with “UK”; and
   2. b) “Annex III(a) and” is deleted.

The joint declarations in paragraph 1 and the declarations in paragraph 2 are not an integral part of the TCA.

Annex B

1. Annexes 2-A and 2-B are deleted and replaced with the following text:

“Annex 2-A

Tariff Elimination

1. For the purposes of this Annex including each Party's Schedule to this Annex, Year 1 means the period of time beginning on 21 September 2017 and ending on 31 December 2017. Year 2 shall begin on 1 January 2018 and shall encompass calendar year 2018. Each subsequent tariff reduction shall take effect on January 1 of each subsequent year.

2. Except as otherwise provided in this Annex, the Parties shall eliminate all customs duties on originating goods, of Chapters 1 through 97 of the Harmonized System that provide for a most-favoured-nation ("MFN") rate of customs duty, imported from the other Party upon the date of entry into force of this Agreement.

3. For originating goods from the other Party set out in each Party's Schedule to this Annex, the following staging categories apply to the elimination of customs duties by each Party pursuant to Article 2.4:

1. (a) duties on originating goods provided for in the items in staging category A in a Party's Schedule shall be eliminated on the date this Agreement enters into force;
2. (b) duties on originating goods provided for in the items in staging category B in a Party's Schedule shall be removed in four equal stages beginning on 21 September 2017, and such goods shall be duty-free, effective 1 January 2020;
3. (c) duties on originating goods provided for in the items in staging category C in a Party's Schedule shall be removed in six equal stages beginning on 21 September 2017, and such goods shall be duty-free, effective 1 January 2022;
4. (d) duties on originating goods provided for in the items in staging category D in a Party's Schedule shall be removed in eight equal stages beginning on 21 September 2017, and such goods shall be duty-free, effective 1 January 2024.

(d.1.) For greater certainty, if the United Kingdom applies a customs duty for the items 1001 11 00, 1001 19 00, high quality common wheat of items ex 1001 99 00, 1002 10 00 and 1002 90 00, at a level and in a manner so that the duty-paid import price for a specified cereal will not be greater than the effective intervention price, or if there is a modification of the current system, the effective support price, increased by 55 per cent as set out in any law or regulation of the United Kingdom that applies such a system which may be adopted on or after the date of entry into force of this Agreement, the United Kingdom shall apply the tariff elimination staging category towards any calculated duty that would be applied, as follows:

(d.2.) A customs duty applied by the United Kingdom under paragraph (d.1.) shall not exceed the customs duty applied by the European Union under CETA in relation to the same good originating in Canada. If the United Kingdom decides to apply such a customs duty to this good, the United Kingdom shall provide a notice in writing to Canada 30 days before any law or regulation that applies such a duty enters into force.

1. (e) duties on originating goods provided for in the items in staging category S in a Party's Schedule shall be removed in three equal stages beginning on 21 September 2022, and these goods shall be duty-free, effective 1 January 2024;
2. (f) the ad valorem component of the customs duties on originating goods provided for in the items in staging category "AV0+EP" in a Party's Schedule shall be eliminated upon the date of entry into force of this Agreement; the tariff elimination shall apply to the ad valorem duty only; the specific duty resulting from the entry price system applicable for these originating goods, which may be introduced by the United Kingdom on or after the date of entry into force of this Agreement, may be applied; this specific duty shall not exceed the relevant specific duty that would result from the base rate set out in the United Kingdom’s Schedule to this Annex. If the United Kingdom applies such a specific duty, the United Kingdom shall provide a notice in writing to Canada 30 days before any law or regulation that applies such a duty enters into force; and
3. (g) duties on originating goods provided for in the items in staging category E in a Party's Schedule are exempt from tariff elimination.

4. The base rate for determining the interim staged rate of customs duty for an item shall be the MFN customs duty rate applied on 9 June 2009.

5. For the purpose of the elimination of customs duties in accordance with Article 2.4, interim staged rates shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, at least to the nearest 0.001 of the official monetary unit of the Party.

6. For greater certainty, dates that precede the entry into force of this Agreement are for the purposes of calculating interim staged rates of customs duty that shall apply once this Agreement enters into force, and do not provide for retroactive preferential tariffs prior to the entry into force of this Agreement.

Tariff Rate Quotas

7. For the administration in 2021 of each tariff rate quota established under this Agreement, the Parties shall calculate the volume of that tariff rate quota by discounting the prorated volume corresponding to the period running between January 1 and the date of entry into force of this Agreement. This calculated in-quota quantity shall be made available on the date this Agreement enters into force.

Processed shrimps transitional tariff rate quota

8.

1. (a) Originating goods in the following aggregate quantities and provided for in items with the notation "TQShrimps" in the United Kingdom's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:

2. (b) The United Kingdom shall:
   1. (i) administer this tariff rate quota on a first-come first-served basis;
   2. (ii) administer this tariff rate quota on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year; and
   3. (iii) not impose any end-use restriction on the imported good as a condition of the application for or use of this tariff rate quota.
3. (c) Prepared or preserved shrimps and prawns exported from Canada under Section B of Appendix 1 (Origin Quotas) to Annex 5 (Product Specific Rules of Origin) of the Protocol on rules of origin and origin procedures shall not be imported into the United Kingdom under this tariff rate quota.
4. (d) Subparagraphs (a) and (b) apply to processed shrimps classified in the following tariff lines: 1605 29 00, 1605 21 90, ex 0306 16 10, ex 0306 17 10, ex 0306 26 10, and ex 0306 27 10, excluding in immediate packings of a net content not exceeding 2 kg.

Frozen cod transitional tariff rate quota

9.

1. (a) Originating goods in the following aggregate quantities and provided for in items with the notation "TQCod" in the United Kingdom's Schedule to this Annex and listed in subparagraph (c) shall be duty-free in the years specified below:

1. (b) The United Kingdom shall:
   1. (i) administer this tariff rate quota on a first-come first-served basis;
   2. (ii) administer this tariff rate quota on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year; and
   3. (iii) not impose any specific end-use restriction on the imported good as a condition of the application for or use of this tariff rate quota.
2. (c) This paragraph applies to frozen cod, classified in tariff lines 0304 71 90 and 0304 79 10.

Low and Medium Quality Common Wheat transitional tariff rate quota

10.

1. (a) Originating goods in the following aggregate quantities and provided for in items with the notation "TQCW" in the United Kingdom's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:

1. (b) The United Kingdom shall administer this tariff rate quota:
   1. (i) on a first-come first-served basis; and
   2. (ii) on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
2. (c) The above aggregate duty-free quantities shall include, beginning on the date of entry into force of this Agreement, the quantity allocated to Canada under the United Kingdom’s WTO tariff rate quota for low and medium quality common wheat as reflected in the United Kingdom’s schedule of commitments at the WTO (as attached to G/MA/TAR/RS/570). For greater certainty, the reference to the quantity allocated to Canada applies both before and after certification of the United Kingdom’s schedule of commitments at the WTO. A change to this quantity resulting from the United Kingdom’s action under Article XXVIII of the GATT 1994 shall apply for the purposes of this Agreement from the date on which that change takes effect.
3. (d) This paragraph applies to common wheat of a quality, other than high quality, classified in tariff line ex 1001 99 00.

Sweetcorn Tariff Rate Quota

11.

1. (a) Originating goods in the following aggregate quantities and provided for in items with the notation "TQSC" in the United Kingdom's Schedule to this Annex and listed in subparagraph (c) shall be duty-free in the years specified below:

1. (b) The United Kingdom shall administer this tariff rate quota:
   1. (i) on a first-come first-served basis; and
   2. (ii) on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
2. (c) This paragraph applies to the following tariff lines: 0710 40 00 (only available during the time period leading up to the elimination of duties for such good as per the staging category applicable to this item in the United Kingdom's Schedule to this Annex) and 2005 80 00.

Bison Tariff Rate Quota

12.

1. (a) Originating goods in the following aggregate quantities and provided for in items with the notation "TQB3" in the United Kingdom's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:

1. (b) When calculating quantities imported, the conversion factors specified in paragraph 19 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
2. (c) The United Kingdom shall administer this tariff rate quota:
   1. (i) on a first-come first-served basis; and
   2. (ii) on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
3. (d) This paragraph applies to bison classified in the following tariff lines:
   1. ex 0201 10 00, ex 0201 20 20, ex 0201 20 30, ex 0201 20 50, ex 0201 20 90, ex 0201 30 00, ex 0202 10 00, ex 0202 20 10, ex 0202 20 30, ex 0202 20 50, ex 0202 20 90, ex 0202 30 10, ex 0202 30 50, ex 0202 30 90, ex 0206 10 95, ex 0206 29 91, ex 0210 20 10, ex 0210 20 90, ex 0210 99 51, ex 0210 99 59.

Fresh or Chilled Beef and Veal Tariff Rate Quota

13.

1. (a) Originating goods in the following aggregate quantities and provided for in items with the notation "TQB1" in the United Kingdom's Schedule to this Annex and listed in subparagraph (e) shall be duty-free in the years specified below:

1. (b) When calculating quantities imported, the conversion factors specified in paragraph 19 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
2. (c) The United Kingdom shall administer this tariff rate quota:
   1. (i) on a first-come first-served basis; and
   2. (ii) on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
3. (d) Notwithstanding subparagraph (c), paragraphs 17 and 18 shall apply to this paragraph.
4. (e) This paragraph applies to beef and veal classified in the following tariff lines:
   ex 0201 10 00, ex 0201 20 20, ex 0201 20 30, ex 0201 20 50, ex 0201 20 90, ex 0201 30 00 and ex 0206 10 95.

Frozen or Other Beef and Veal Tariff Rate Quota

14.

1. (a) Originating goods in the following aggregate quantities and provided for in items with the notation "TQB2" in the United Kingdom's Schedule to this Annex and listed in subparagraph (e) shall be duty-free in the years specified below:

1. (b) When calculating quantities imported, the conversion factors specified in paragraph 19 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
2. (c) The United Kingdom shall administer this tariff rate quota:
   1. (i) on a first-come first-served basis; and
   2. (ii) on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
3. (d) Notwithstanding subparagraph (c), paragraphs 17 and 18 shall apply to this paragraph.
4. (e) This paragraph applies to beef and veal classified in the following tariff lines:
   1. ex 0202 10 00, ex 0202 20 10, ex 0202 20 30, ex 0202 20 50, ex 0202 20 90, ex 0202 30 10, ex 0202 30 50, ex 0202 30 90, ex 0206 29 91, ex 0210 20 10, ex 0210 20 90, ex 0210 99 51 and ex 0210 99 59.

High Quality Fresh, Chilled and Frozen Meat of Bovine Animals Tariff Rate Quota

15. Originating goods that are exported from Canada and are imported into the United Kingdom under the United Kingdom's WTO tariff quota for high quality fresh, chilled and frozen meat of bovine animals covered by CN tariff headings ex 0201 and ex 0202 and for products covered by CN tariff lines ex 0206 10 95 and ex 0206 29 91 of the quantity reflected in the United Kingdom’s schedule of commitments at the WTO (as attached to G/MA/TAR/RS/570), shall be duty-free on the date this Agreement enters into force. For greater certainty, the reference to the quantity allocated to Canada applies both before and after certification of the United Kingdom’s schedule of commitments at the WTO. A change to this quantity resulting from the United Kingdom’s action under Article XXVIII of the GATT 1994 shall apply for the purposes of this Agreement from the date on which that change takes effect.

Pork Tariff Rate Quota

16.

1. (a) Originating goods in the following aggregate quantities and provided for in items listed with the notation “TQP” in the United Kingdom’s Schedule to this Annex and listed in subparagraph (f) shall be duty-free in the years specified below:

1. (b) The aggregate annual duty-free quantities in the table above shall be increased, beginning on the date of entry into force of this Agreement, by the quantity established in the United Kingdom’s Canada-specific WTO tariff quota for meat of swine, fresh, chilled or frozen (cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately) as reflected in the United Kingdom’s schedule of commitments at the WTO (as attached to G/MA/TAR/RS/570). For greater certainty, the reference to the quantity allocated to Canada applies both before and after certification of the United Kingdom’s schedule of commitments at the WTO. A change to this quantity resulting from the United Kingdom’s action under Article XXVIII of the GATT 1994 shall apply for the purposes of this Agreement from the date on which that change takes effect.
2. (c) When calculating quantities imported, the conversion factors specified in paragraph 19 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
3. (d) The United Kingdom shall administer this tariff rate quota, including the additional quantities from the United Kingdom's Canada-specific WTO tariff quota for meat of swine, fresh, chilled or frozen (cuts of domestic swine, fresh, chilled or frozen, with or without bone, excluding tenderloin presented separately) as outlined in subparagraph (b):
   1. (i) on a first-come first-served basis; and
   2. (ii) on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
4. (e) Notwithstanding subparagraph (d), paragraphs 17 and 18 shall apply to this paragraph.
5. (f) This paragraph applies to the following tariff lines:
6. 0203 12 11, 0203 12 19, 0203 19 11, 0203 19 13, 0203 19 15, 0203 19 55, 0203 19 59, 0203 22 11, 0203 22 19, 0203 29 11, 0203 29 13, 0203 29 15, 0203 29 55, 0203 29 59, 0210 11 11, 0210 11 19, 0210 11 31, and 0210 11 39.

Change of administration system mechanism

17. With respect to the tariff rate quotas set out in paragraphs 13, 14 and 16:

1. (a) If 75 per cent or more of the annual aggregate quantity is actually imported into the Party under a tariff rate quota in a given year, the Parties shall meet, upon the request of a Party, in the framework of the Committee on Agriculture established under Article 26.2.1 (a) (Specialised committees) in order to promptly address any questions affecting the smooth operation of the tariff rate quota.
2. (b) If 75 per cent or more of the annual aggregate quantity is actually imported into the Party under a tariff rate quota in a given year for three consecutive years, provided that the Parties agree, the administration of the quota for the following year(s) may be changed to an import licensed basis as outlined in Annex 2-B: Declaration of the Parties concerning Tariff Rate Quota Administration.
3. (c) If, subsequent to the situation referred to in subparagraph (b), less than 75 per cent of the annual aggregate quantity is actually imported into the Party under a tariff rate quota in a given year for two consecutive years, the Parties may consider returning to a first-come first-served system following consultations between the Parties on the necessity and opportunity of such reversion.

Review clause

18.

1. (a) With respect to the tariff rate quotas set out in paragraphs 13, 14, and 16, at the end of the phase-in period of any of these tariff rate quotas, or at any other time upon motivated request of a Party, the Parties shall review the operation of the relevant tariff rate quota administration system in light notably of its effectiveness in ensuring quota utilisation, market conditions, and administrative burdens associated with the system for the economic operators and for the Parties.
2. (b) With respect to the tariff rate quotas set out in paragraphs 13, 14, and 16, the review referred to in subparagraph (a) shall also include the consequences of any tariff rate quota administration modalities agreed with a third country for the same goods in the framework of other trade negotiations involving the Parties and would include the possibility of providing the option to the exporting Party of transitioning to the approach agreed to in another agreement. The conditions of competition in North America will be a necessary part of the review.

Conversion Factors

19. With respect to the tariff rate quotas set out in paragraphs 12, 13, 14, and 16, the following conversion factors shall be utilized to convert Product Weight to Carcass Weight Equivalent:

1. (a) Tariff Rate Quotas set out in paragraphs 12, 13, and 14:

1. (b) Tariff Rate Quota set out in paragraph 16:

Annex 2B

DECLARATION OF THE PARTIES CONCERNING TARIFF RATE QUOTA ADMINISTRATION

Declaration concerning United Kingdom administration for beef and veal, and pork tariff rate quotas under this Agreement

1. The general principle is that tariff rate quota administration should be as conducive to trade as possible. More specifically, it must not impair or nullify the market access commitments negotiated by the Parties; it must be transparent, predictable, minimise transactional costs for traders, maximise fill rates and aim to avoid potential speculation.

Structure of the import licensing system

Quarterly sub-periods with carryover between periods for unused tariff rate quota quantities

2. In each of the four quarters of the marketing year, 25 per cent of the annual tariff rate quota quantity will be made available for licence applications.

3. Any quantities remaining available at the end of one quarter will be automatically rolled over into the subsequent quarter until the end of the marketing year.

Application period for import licences

4. An application for an import licence will be accepted:

1. (a) for the first quarter, within seven working days beginning on 17 November; and
2. (b) for the other quarters, within seven working days beginning on the first day of the month which precedes the commencement of the quarter,
   and an import licence shall be issued:
   1. (i) for the first quarter, no later than 16 December of the preceding year; and
   2. (ii) for the other quarters, no later than the end of the month in which the licence application was received.

5. If demand for licences during the application period exceeds the quantities available for that quarter, licences will be allocated on a pro-rated basis.

6. If the available quantity for any quarter is not fully allocated during the application period, the remaining quantity will be made available for eligible applicants to apply within seven working days beginning on the first day of each month remaining in that quarter. Applications cannot be made during the last month of the marketing year.

Validity of licences

7. An import licence is valid:

1. (a) from the date of the beginning of the quarter for which the import licence is issued, or for applications under paragraph 6, the first day of the month following receipt of the licence application; and
2. (b) for six months from the applicable date in subparagraph (a) or until the end of the marketing year, whichever comes first.

8. Import licences may be used at any United Kingdom customs entry point and for multiple shipments.

Eligibility criteria

9. The eligibility criteria and allocation method should result in the quotas going to those persons that are most likely to use it and must not create barriers to imports.

10. Eligible applicants include historical importers of beef, bison or veal for beef and veal imports and historical importers of beef, bison, veal or pork for pork imports.

11. Wholesalers and accredited meat processors are eligible to apply for the quota.

Securities

Securities tied to import licence applications

12. A security of not more than 95 euro (€) per tonne of beef and 65 euro (€) per tonne of pork will be lodged with the application for a licence.

Transfer of licence and release of security

13. An importer may apply to transfer a licence, provided that the transferee meets the eligibility criteria. Any release of security will be made to the person who lodged the security.

Return of licence

14. Unused licence quantities may be returned before expiration and up to four months prior to the end of the marketing year.

15. All returned quantities will be rolled over to subsequent application periods.

Release of security and release of full security when 95 per cent of imports occur

16. Securities shall be released in proportion to the quantity of goodsactually imported.

17. Once 95 per cent of an importer's individual licence quantity is actually imported the full security shall be released.”