Answer given by Ms Malmström on behalf of the Commission
No Canadian company is at the moment able to rely on the Comprehensive Economic and Trade Agreement (CETA) with Canada to challenge any decision concerning its investment, including bringing claims for compensation, as this agreement is not in force. CETA will only enter into force once the respective approval procedures are completed by Canada and by the EU. In case of the EU, they require the approval of the Council and the consent of the European Parliament.
In any event, Free Trade Agreements, including CETA, do not change EU Member States' right to pursue their legitimate public policy objectives including setting standards for protecting the environment. CETA makes clear that the EU and Canada preserve their right to regulate and to achieve legitimate policy objectives, such as public health, safety, environment, public morals and the promotion and protection of cultural diversity. This means that an investor cannot be given compensation just because he has lost profits or suffered economic loss or costs.