Summary
A shortage of refrigerated containers, and an in-balance in their geographical distribution is seeing raising reefer freight costs and a rescheduling of shipping services to seek to address the in-balance. This could potentially carry costs for smaller ACP exporters of perishable product exports to Europe. This situation is complicating efforts to deal with cost increasing effects of the rules of origin/MFN tariff complication and phytosanitary certification requirements for perishable products shipped along triangular supply chains, through re-routing such to direct shipment to either the UK or EU market. Read more “The Sea Freight Reefer Constraint on ACP Perishable Exports Compounds Brexit Complications”
Category: Central African EPA
The Implications of the EUs More Assertive Trade Policy: The EU Trade Policy Review Part 2
Summary
The EC is proposing a ‘more assertive’ trade policy, emphasising the need for partner countries to fully live up to commitments entered into under trade agreements their governments have signed on to. There are concerns the more assertive promotion of EU trade and economic interests will dominate other EU trade policy objectives. The EC’s ‘Open Strategic Autonomy’ concept seeks to reconcile the EU’s ‘managed trade’ import regime applied in sensitive agri-food sector, with the need for more open markets for EU exporters. There is a contradiction at the heart of EU agri-food sector trade policy, with the EC seeking to deny ACP EPA signatories the right to use trade policy tools to regulate imports in trade with the EU which the EC itself routinely uses to manage imports from other major agri-food sector competitors. This contradiction is likely to come to the fore in the coming years as the EC seeks to operationalise its ‘more assertive’ trade policy. This will be especially the case if the application of full UK border controls on goods crossing from the EU, generate the kinds of agri-food sector disruptions which have affected UK exporters since 1 January 2021. This could then see surges in EU exports to ACP markets for livestock products such as poultry meat and milk powders. Read more “The Implications of the EUs More Assertive Trade Policy: The EU Trade Policy Review Part 2”
UK Parliamentary Report Reviews Operational Shortcomings of EU/UK TCA and Highlights Rules of Origin Problems Faced by ACP Re-Exports
Summary
While the House of Lords European Union Committee highlights the substantive unresolved issues under the EU/UK TCA, the focus is on the impact on UK businesses. While the impact on developing countries is referred to, this analysis is underdeveloped. A significant number of ACP supply chains are being affected. The new rules of origin complication is a particular area of concern, with ACP exporters being caught up in this new trade challenge. The affected ACP exports range from fresh horticulture, floriculture, and fisheries products, through the onward trade in ACP semi-processed products to ACP sugar exports. A solution to the rules of origin complication at the EU/UK level is unlikely. There is however scope for a solution for ACP exports shipped to the UK via the EU through the kind of UK pragmatic unilateral action which the Committee has called for and which the UK government is nominally open to. Coordinated action by ACP governments and business bodies to secure such unilateral pragmatic UK solutions in trade with the UK would appear urgent, given the scale of total ACP exports potentially facing export market losses. Read more “UK Parliamentary Report Reviews Operational Shortcomings of EU/UK TCA and Highlights Rules of Origin Problems Faced by ACP Re-Exports”
Overview of the EC Trade Policy Review and the Impact of EU Behind Border Concerns The EU Trade Policy Review Part 1
Summary
The EC sets out 3 core trade policy objectives: Supporting the recovery and fundamental transformation of the EU economy in line with its green and digital objectives’; ‘Increasing the EU’s capacity to pursue its interests and enforce its rights, including autonomously where needed’; ‘Shaping global rules for a more sustainable and fairer globalisation. Difficult operational choices will be faced in reconciling these three objectives, with this revolving around the question of who pays for the costs of more sustainable and socially responsible production processes, which at the same time delivers decent and more sustainable livelihoods for developing country producers? Care will need to be taken in ensuring the pursuit of EU interests and enforcement of EU rights does not become the dominant pillar of the EU’s new trade policy. Read more “Overview of the EC Trade Policy Review and the Impact of EU Behind Border Concerns The EU Trade Policy Review Part 1”
UK Deferment of Implementation of Phase 2 and Phase 3 UK/EU Border Controls Leave Problems Faced By ACP Triangular Supply Chain Exporters Unaddressed
Summary
On 11 March 2021, the UK government announced the deferment until 2022 of its planned phase 2 and phase 3 controls on goods crossing an EU/UK border. This has reduced concerns over potential disruptions of UK imports of fresh produce in the coming months and provides a 9-month breathing space for the UK authorities to set in place border control infrastructure and services which are ‘fit for purpose’. This deferment benefits EU producers, but largely leaves ACP exporters serving UK markets along triangular supply chains unaffected. ACP exporters will still face the dilemma of choosing between entering the EU customs union so as to benefit from the light UK import controls applied to EU products and losing ‘originating status and facing MFN tariffs, which is the consequence of leaving customs supervised transit arrangements. Clearly there is an urgent need to address specific ACP triangular supply chain issues if the functioning of many of these ACP triangular supply chains are not to be fundamentally undermined. Read more “UK Deferment of Implementation of Phase 2 and Phase 3 UK/EU Border Controls Leave Problems Faced By ACP Triangular Supply Chain Exporters Unaddressed”
EU Poultry Meat Exports to Sub Saharan Africa Prove Resilient Despite Overall Decline in EU Poultry Meat Exports and South Africa Trade Policy Initiatives
Summary
Despite a decline in overall EU poultry meat exports in 2020, exports to Ghana and the DRC two major export destinations increased. While exports to sub-Saharan Africa as a whole fell, due to the application of import control measures by the South African government, excluding trade with South Africa, EU poultry meat exports to sub-Saharan Africa grew overall. Looking at longer term trends to non-South African sub-Saharan African markets EU export volumes increased 70% between 2012 and 2020 while the average price of such imports fell 26.4%. In the sub-category of frozen chicken meat, the average price of imports from the EU fell 29% while volumes almost doubled. While the EC consistently argues the EU does not ‘dump’ poultry meat on sub-Saharan African market, the undeniable reality is that since 2012 average unit prices of EU poultry meat exports have fallen. Despite this reality, the EC continues to pursue a nominal policy which restricts the ability of governments, in African countries which are major recipients of EU poultry meat exports, to make use of the kind of quantitative controls on imports routinely used by the EU in its trade with major poultry meat exporters. Read more “EU Poultry Meat Exports to Sub Saharan Africa Prove Resilient Despite Overall Decline in EU Poultry Meat Exports and South Africa Trade Policy Initiatives”
Banana Link Makes the Case for the Extension of Spanish Fair Producer Price Legislation to Pan-EU Banana Imports
Summary
Debates on proposed amendments to the Spanish 2013 Food Chain Law have highlighted how ‘fair pricing’ regulations need to be applied equally to domestic EU producers and 3rd country producers if competition between domestically produced and imported products is not to be distorted. Applying ‘fair price’ regulations to imported as well as domestically produced agricultural products would not only avoid distorting competition but would also provide scope for integrating ‘Green Deal’ sustainability objectives into both domestic and 3rd country supply chains serving the EU market. Read more “Banana Link Makes the Case for the Extension of Spanish Fair Producer Price Legislation to Pan-EU Banana Imports”
Growth in EU27 Poultry Meat Exports Projected on the Basis of Continued EU/UK Duty Free Trade
Summary
While the rate of growth in EU poultry meat exports is slowing down, the EC projects a continued expansion of EU exports up to 2030 on the back of a continued expansion of EU poultry production. While the December 2020 EU/UK trade deal will avert the imposition of standard MFN tariffs on EU/UK mutual trade in poultry products, the introduction of standard 3rd country import control requirements will generate some trade disruption. This will largely affect UK poultry meat exports to the EU27. The trade in value added food products containing poultry meat is also likely to be complicated by new rules of origin requirements for EU/UK trade, given no agreement has been reached on ‘diagonal cumulation’ arrangements. These issues are likely to lead to some level of trade displacement of mutual EU/UK trade in poultry products to 3rd country markets. This is most likely to result in increased UK exports of poultry parts to non-EU27 markets. Read more “Growth in EU27 Poultry Meat Exports Projected on the Basis of Continued EU/UK Duty Free Trade”
Key Challenges Identified in the NAO Brexit Preparedness Report: Implications for the ACP
Summary
The November 2020 NAO report paints a pessimistic picture of the prospects for the effective functioning of the UK/EU border controls in 2021. Developments since November 2020, in regard to the intensifying Covid-19 crisis will not have helped matters. ACP triangular supply chains, which require the movement of goods across an EU/UK border, are likely to be most severely affected. However, serious congestion at UK seaports, with both berthing and unloading delays, could mean direct ACP sea freighted exports could also face delays, with these compounding the system wide challenges UK border control authorities will face in 2021. Read more “Key Challenges Identified in the NAO Brexit Preparedness Report: Implications for the ACP”
UK Kenya Agreement Leaves Triangular Supply Chain Issues Unresolved but Suggests Progress on Rules of Origin Issues Could be Possible
Summary
A Kenya-UK trade agreement has been concluded which preserves duty free access for Kenyan exports to the UK market beyond 31st December 2020. However, this agreement fails to avoid potential disruptions of all current supply routes for tariff free access to the UK market. This is a result of the failure to address future trade issues along triangular supply chains, which serve the UK market via initial landing in the EU. This issue is of considerable importance to the East African region, given the current routes used in serving the UK market in major export sectors (e.g. cut flowers). In the context of a no-deal UK departure, issues will also arise for other major ACP triangular supply chains where some repackaging or simple processing takes place in the EU prior to onward shipment to the UK. These triangular supply chain issues need to be urgently addressed. While the relaxation of UK phytosanitary controls could facilitate an expansion of Kenyan exports to the UK, this is highly unlikely in the livestock sector. Rules of origin improvements could prove relevant in other ACP-UK EPA contexts and should be studied closely. Finally, the 7-year moratorium on tariff reductions defers any immediate conflicts between the implementation of the UK-Kenya agreement and the maintenance of a common external tariff for the East African Customs Union Read more “UK Kenya Agreement Leaves Triangular Supply Chain Issues Unresolved but Suggests Progress on Rules of Origin Issues Could be Possible”