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ACP-EU Trade Negotiations - Ensuring EPAs are an Effective Tool for Development


Discussion Group Moderator: Melissa Julian


Introduction

A radical change to the ACP-EU (African, Caribbean and Pacific-European Union) relationship is underway. For over 25 years, the EU has granted practically totally free market access to ACP countries' products. These preferences are not reciprocal. ACP countries have not been obliged to grant the same preferential treatment to European products in their own markets and have restricted their entry by taxing them. In the framework of the ACP-EU Partnership Agreement (commonly referred to as the Cotonou Agreement), the parties agree to begin negotiations in September 2002 on new development-friendly, World Trade Organisation (WTO)-compatible trading arrangements. To this end, Economic Partnership Agreements (EPAs) will be negotiated. These new trade arrangements should be agreed by January 2008. The likely result will be that the current preferential trade regime will be split into several trade and economic cooperation agreements, where different ACP countries and regions receive different treatment from the EU and where the ACP countries progressively open their markets to European products. Financial aid is intended to help compensate the costs of trade liberalisation and of the economic restructuring implied in this.

The impact of the new trading arrangements on the development of ACP countries is a key debate for the upcoming negotiations.

Trade negotiations will likely be launched at an all-ACP-EU level with a view to agreeing the basic structure, principles and content of EPAs. ACP countries would also like, in this first phase of negotiations, to identify and agree issues of common interest to negotiate at an all-ACP-EU level with a view to ensuring that EPAs fulfill their stated development objectives.

The aim of the discussion is simple, to provide information and to identify and exchange views on possible issues of common interest for the all-ACP-EU negotiations which would ensure that EPAs are an effective tool to deliver the Cotonou Agreement's development objectives. You are invited to contribute to the discussion by sharing your information and views on this, or by raising questions that you think need to be addressed. These will be posted in the discussion forum, though the Discussion Group Moderator retains the right to post only those items that contribute constructively to the discussion. At the end of the debate a summary of the discussion will be published.

The three key questions to stimulate the debate are:

1. What provisions must EPAs include to be an effective development tool and why?

2. What flanking measures are necessary to ensure EPAs fulfil their stated development objectives and why?

3. Which issues should be discussed in the first all-ACP-EU phase of negotiations and why? And what should be the duration of this first phase of negotiations?

The intention is that the results of this internet discussion will be transferred to the soon to be launched joint EU-LDC Network/ECDPM/ODI website on ACP-EU Trade Relations (www.acp-eu-trade.org) which will aim at establishing an ongoing process of networking and discussion on these issues.


The Issue

The ACP group and the EU are currently formulating their mandates to negotiate the new trading arrangements called for in the Cotonou Agreement. While positions are not yet finalised, there are indications as to the two sides' thinking on this issue (see below). And the Cotonou Agreement itself sets out many of the parameters of the negotiations. First and foremost, any future trade arrangement must be subject to Cotonou's objectives of the sustainable economic and social development of ACP countries. Economic and trade co-operation must aim at fostering the smooth and gradual integration of ACP states into the world economy, with due regard to their political choices and development priorities, thereby promoting their sustainable development and contributing to poverty eradication in the ACP countries. Trade negotiations must also take account of the level of development and the socio-economic impact of trade measures on ACP countries, and their capacity to adapt and to adjust their economies to the liberalisation process. Negotiations of EPAs will be undertaken with ACP countries which consider themselves in a position to do so, at the level they consider appropriate and in accordance with the procedures agreed by the ACP Group, taking into account the regional integration process within the ACP. The Cotonou Agreement also provides that the preparatory period leading to the conclusion of new trading arrangements shall be used for capacity building in ACP countries.

On the EU side, the emphasis of EPAs is the establishment of free trade areas, progressively eliminating tariffs and non-tariff barriers (such as quotas) on substantially all trade between the EU and ACP regional groupings. What items are covered and transition periods, etc. is for detailed negotiation between the parties (please see EC press release on its draft mandate). The EC argues that EPAs are the best WTO-compatible (also a Cotonou requirement) way to meet Cotonou's objectives and are above all an instrument for development. Regional EPAs, they argue, will establish a stable, predictable and transparent framework for economic and trade relations between the ACP countries and the EU, create regional economies of scale, attract investment and increase competitiveness. This, in turn, will lead to an increase in trade flows in the region, with the EU and with the rest of the world, thereby promoting the sustainable economic and social development of the ACP countries.

The EC acknowledges that EPAs can only play this development role if appropriate account is taken of the particular economic and social constraints of the ACP countries and if they are effectively combined with appropriate development strategies.

Because the ACP countries and regions have not yet determined the geographical configuration of future EPAs, the EC proposes to launch negotiations at an all-ACP-EU level to discuss the structure and content of EPAs.

Indications are that the ACP Group also want to launch the negotiations at an all-ACP-EU level which focuses on cross-cutting issues of common concern to ACP countries and which establishes the parameters and procedures for the negotiation of the EPAs, or alternative trade arrangements, with the EU. Decisions taken in this first phase of negotiations will affect the scope of any subsequent trade negotiations.

ACP countries also note that implementation of EPAs, or adjustments in anticipation of the implementation of the EPAs, will generate a new set of additional costs to the economies of ACP countries. The EPA negotiation process should, therefore, also aim at capacity building to support ACP countries in this process. In particular flanking measures should support the structural transformation of ACP economies so that they can effectively integrate into the global economy and reap its poverty-reducing benefits.


Possible Common Issues

For EPAs to be an effective development tool, they must include positive provisions in key areas and be accompanied by good government policies and support measures from the EU to enhance the production, supply and trade capacity of ACP countries to enable them to take full advantage of any new market opportunities that could result from such agreements. Negotiation of many of these issues may best be done at an all-ACP-EU level so that ACP countries can pool their limited resources to effectively negotiate with the more capable EU on complex issues of common interest to ensure a more harmonised, equitable and suitable framework for EU support to the ACP economies.

It is for the ACP countries to decide its own trade policy objectives at national, regional and all-ACP levels. However, the Cotonou Agreement and previous studies have indicated some potential common issues (see this link for a more detailed list) for all-ACP-EU level negotiation such as: the objectives, principles and procedures for negotiating with the EU; the scope for special and differential treatment provisions; the implications of the WTO negotiations and EU policies; trade related concerns; support measures from the EU to address ACP supply-side constraints and increase competitiveness, etc.


Key Questions

For the purpose of this internet discussion, the three key questions to stimulate the debate are:

1. What provisions must EPAs include to be an effective development tool and why?

2. What flanking measures are necessary to ensure EPAs fulfil their stated development objectives and why?

3. Which issues should be discussed in the first all-ACP-EU phase of negotiations and why? And what should be the duration of this first phase of negotiations?

Participation should take only a few minutes and one easy step (click here to contribute to the discussion).

Contributions can also be relayed anonymously (the EU-LDC network has a policy of respecting confidentiality and can be a trusted facilitator) by e-mailing (melissa.julian@pandora.be) or telephoning me in Brussels (on tel. 32 (0)2 380 3155) to request that I contact you to relay your message over the telephone.


Additional information

ACP-EU Partnership Agreement

ACP Secretariat

Cotonou Info Kit

The EU's Directorate-General for Development

The EU's Directorate-General for Trade's ACP page

EUFORIC on trade

Trade Liberalization and Poverty: A Handbook

ACP-EU Parliamentary Assembly "Cape Town Declaration" on the forthcoming ACP/EU trade negotiations which outlines the priorities and concerns of Joint Parliamentary Assembly members about the preparations, scope and conduct of the forthcoming ACP-EU trade negotiations

Conclusions of the July 2001 ACP Civil Society Forum

ACP Informal Brainstorming Session to Prepare for Forthcoming Trade Negotiations with the EU

"The Future of ACP-EU Trade Relations: Overview of the discussion on the forthcoming agenda"

Initial European NGO comments and proposals on the Commission draft negotiating directive for future ACP-EU trade negotiations

ECDPM/ODI Trade Programme: ACP-EU Trade Relations

ODI webpage on the Cotonou Agreement

Mauritius proposal on the content of all-ACP-EU EPA

Mauritius proposal on the all-ACP-EU EPA

Building Capacity for Trade: A Road Map for Development Partners, ECDPM Discussion Paper 33

"Aid for Trade Development: Lessons for Lome V"

Trade Negotiations Insights

"Post Lome WTO Compatible Trading Arrangements"

Analysis of EU Trade Arrangements with Developing and Transition Economies

EPA Watch

COMESA's EPA impact assessment study

EPAS - External Effects of the CAP

EPAS - The Fiscal Dimension

EPAS - Addressing Market Access Issues

EPAS - Addressing Supply Side Constraints

Mauritius non-paper - Negotiations of Economic Partnership Agreements

ACP Sugar

CTA (The Technical Centre for Agricultural and Rural Cooperation ACP-EU) has a pilot web portal, AgriTrade, on international agricultural trade issues in the context of ACP -EU relations. Agritrade aims to serve and to be utilised by ACP stakeholders including officials in the trade and agriculture Ministries as well as interested parties in the independent sector.

The CTA website now includes a section on ACP Sugar

RIGGED RULES AND DOUBLE STANDARDS
Trade, Globalisation, and the Fight Against Poverty Oxfam International

ATAS - Caribbean possibilities

African preparation for trade negotiations in the context of the ACP-EU Cotonou Partnership Agreement

Time for Coherence - CAP Reform and Developing Countries (Oxfam)

The situation of emerging NGOs in Zambia

A Development Agenda for the Economic Partnership Agreement between the EU and the Pacific ACP (PACP)

Caribbean Perspectives on Trade, Regional Integration & a Strategic Global Repositioning


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