Summary
While the UK has sought an extension of the Article 50 process, the EU Council has limited the duration of the extension granted, with this being conditional on approval of the Withdrawal Agreement. Failure of the UK Parliament to approve the Withdrawal Agreement would require an alternative way forward to be identified if the UK was not to leave under a ‘no-deal’ scenario on 12th April. While the UK’s unilateral EBA style trade regime for LDCs and the signing of a ‘Continuity Agreement’ will ensure continuity in tariff treatment for access to the UK market, these agreements will not on their own ensure continuity in trade flows nor continuity of the value of current ACP DFQF access beyond June 2020. For this to be achieved both additional special arrangements will need to be set in place immediately upon the UK’s withdrawal and a multiplicity of supplementary commitments will be required from the UK government if the current value of ACP trade arrangements with the UK is to be preserved and enhanced. Read more “Brexit Delayed but No Deal Brexit Still on the Table”
Category: Central African EPA
The UK’s Proposed New MFN Tariff Regime: Protects ACP Interests in the Short Term But…..
The UK’s Proposed New MFN Tariff Regime: Protects ACP Interests in the Short Term
Summary
While the UK’s proposed no-deal Brexit MFN tariff schedule would ease immediate ACP concerns over the loss of value of rolled over tariff preferences arising from the removal of MFN import duties, the short duration of the proposed measures provides no longer term assurances of the value of any tariff preferences which might be rolled over under the UK’s proposed ‘Continuity Agreements’. The new announcement leaves unaddressed just how the UK plans to roll over existing ACP tariff preferences under a no-deal outcome to the current Brexit negotiations. Indeed, it could see ACP banana, horticulture, rice, beef, fisheries and cocoa product exporters all facing new tariffs on exports to the UK if Continuity Agreements are not concluded by the date of the UK’s ‘no-deal’ departure from the EU. What is more serious questions have been raised as to the viability and sustainability of specific UK proposals to avert a hard border on the island of Ireland. Read more “The UK’s Proposed New MFN Tariff Regime: Protects ACP Interests in the Short Term But…..”
Why Eliminating UK MFN Tariffs on Bananas Would be Bad News for ACP Banana Exporters
Summary
While the UK Secretary of State for International Trade has committed to taking account of the impact the removal of MFN tariffs would have on the preferential treatment accorded developing countries, there remain persistent rumours that given the absence of any domestic UK production, bananas would be one of the first products where existing EU MFN tariffs would be eliminated. However such a move would bring only marginal benefits to UK consumers, with the banana pricing policies of UK supermarkets having a far greater impact on the final purchase price of bananas than the MFN tariffs applied. This would however see a significant erosion of the competitive position of mainly Commonwealth African and Caribbean banana exporting countries which are focussed on the UK market in their banana export trade with the EU. This could cause considerable harm to these banana exporting economies, in a context where the banana sector not only providing significant livelihood opportunities in rural areas in the main banana exporting countries but where it is also providing the commercial basis for the development of variety of new non-traditional fruit exports to the UK market. Read more “Why Eliminating UK MFN Tariffs on Bananas Would be Bad News for ACP Banana Exporters”
Growth in EU28 poultry meat exports to ACP markets could accelerate under a no deal exit of the UK from the EU
Summary
SPS restrictions on poultry meat imports from Brazil saw EU poultry meat production expand in 2017 despite AI outbreaks. This highlights how important trade measures can be in stimulating domestic poultry meat production. In the face of AI related import bans EU poultry meat exporters have found new alternative markets for exports in Africa. The projected 3.9% expansion of EU poultry meat production to 2030 will drive a further expansion of exports (+18.4% or +219,000 between 2018 and 2030), with growing volumes of poultry parts being exported to Africa at progressively lower prices. Given likely Brexit related disruptions of the EU27/UK poultry meat trade, export growth to Africa could be even higher, particularly for UK poultry parts exports of which are currently concentrated on EU27 markets. Potential Brexit related trade effects are not factored into current EU projections. ACP governments may need to use non-tariff trade policy tools to protect against sudden import surges, with this potentially becoming a contentious issue. Additional SPS issues arise from the growing level of processing of Ukrainian raised chickens in the EU, parts of which are then exported as EU chicken to ACP markets. Read more “Growth in EU28 poultry meat exports to ACP markets could accelerate under a no deal exit of the UK from the EU”
Is the Final Count Down to Brexit Underway or Will the ACP have Three More Months to Take Action to Mitigate the Trade Disruption Effects of No Deal Brexit?
Summary
The UK government has now laid down a clear Parliamentary route to defining a final UK position on the ‘no-deal’ Brexit option. This could lead to an extension of the article 50 process for either 3 month or 21 months. This would provide time for ACP governments to set in place policy initiatives to mitigate the adverse effects of a no-deal Brexit on ACP trade with both the UK and the EU27. This would require the launching of a specific political initiative towards the UK government to ensure three major issue clusters are addressed: the shortcomings of the UK’s existing ‘Continuity Agreement’ approach; the trilateral administrative arrangements required to ensure continuity of trade flows in the immediate post-Brexit period and the value of existing DFQF access granted ACP countries is retained through accommodating ACP concerns in the UK’s future MFN tariff schedule. It would also require the launching of a political initiative towards the EU to ensure issues in future EU27 relations arising from the UK’s departure from the EU are fully addressed, so as to reduce the adverse effects of Brexit on ACP economies. Read more “Is the Final Count Down to Brexit Underway or Will the ACP have Three More Months to Take Action to Mitigate the Trade Disruption Effects of No Deal Brexit?”
UK Development NGOs Call for Extension of Existing Tariff Preferences on Unilateral Basis While Problems of UK Continuity Agreements Are Addressed
Summary
UK development NGOs have described as ‘unreasonable’ the UK government’s expectation that developing countries sign onto ‘Continuity Agreements’, without being able to assess their value. UK Secretary of State Fox has indicated he sees no harm in eliminating tariff where the UK has no production interest. However eliminating tariffs in areas where the UK has no production interest would potentially impact adversely on over €1 billion of exports from African and Caribbean countries to the UK of agri-food products where preferential duty free access is enjoyed against a background of high EU MFN tariffs. This would be likely to cause harm to the export interest of these African and Caribbean exporters who are currently being encouraged to sign on to ‘UK-only’ ‘Continuity Agreements’. Such agreements while ensuring continuity of current tariff preferences would provide no assurances on the continuity of the value of existing tariff preferences. This is particularly the case if the impacts of a ‘no deal’ Brexit on ACP triangular trade flows to the UK via EU27 member states are taken into account. This strongly suggests a need for the UK government to review its current approach to the signing of ‘Continuity Agreements’ by granting unilaterally an extension of current terms and conditions of access to the UK market for developing countries, so that future trade agreements can be based on a full assessment of the benefits of bilateral trade deals with the UK, in light of the changed policy and commercial context emerging in the post-Brexit period. Read more “UK Development NGOs Call for Extension of Existing Tariff Preferences on Unilateral Basis While Problems of UK Continuity Agreements Are Addressed”
State of Play in the EU/UK Brexit Negotiations: Update 4 February 2019
Summary
The last epamonitoring.net article dealing with the process of EU/UK withdrawal negotiations covered the EU’s approval of the UK/EU Withdrawal Agreement (26th November 2018) and the subsequent deferment of the UK parliamentary vote on approving the Withdrawal Agreement. From mid-December until mid-February the UK Parliamentary process for ratifying the mutually agreed EU/UK Withdrawal Agreement has been stalled. This article provides an update of developments since the December 2018 UK governments’ decision to defer the Parliamentary vote on the Withdrawal Agreement until 2019 and the potential implications for ACP exporters serving the UK market of the ongoing uncertainty. Read more “State of Play in the EU/UK Brexit Negotiations: Update 4 February 2019”
UK Signs Continuity Agreement with ESA Governments
Summary
The UK’s ambition to ‘rolled over’ EU reciprocal trade agreements into ‘UK only’ trade agreements has been given practical expression with the conclusion of the first 2 ‘Continuity Agreements’, with Chile and the ESA EPA Group respectively. Additional agreements are planned in the coming weeks with CARIFORUM, Fiji, PNG and the SADC EPA group. However it is unclear whether such trade agreements can be concluded with Kenya, Ghana, Ivory Coast and Cameroon. Failure to conclude a Continuity Agreement would see exporters in these countries facing standard MFN or GSP import tariffs. These Continuity Agreements appear to leave a range of important issues unresolved ranging from: the trade documentation to be utilised from day 1 of Brexit; the future value of duty free quota free access to the UK market in the post Brexit context; the disruptive impact of a non-deal Brexit on triangular supply chains and most fundamentally the rules of origin to be applied under ‘UK-Only’ trade deals once the UK is no longer part of the single EU customs territory. It is unclear whether these ‘Continuity Agreements’ are simply a mechanism to secure ACP duty free-quota free access to the UK market under a ‘no-deal’ scenario or a crafty attempt to side step comprehensively addressing the rules of origin constraint on UK exporters under ‘UK-Only’ trade deals which will arise from leaving the customs territory of the EU. In this context it would appear more appropriate for the UK government to unilaterally extend existing terms and conditions of access to the UK market which ACP EPA signatories enjoy, so as to allow time for a more thorough going negotiation of bilateral UK-only trade agreements which are WTO compatible, operationally applicable and development friendly. Read more “UK Signs Continuity Agreement with ESA Governments”
The EU Central Africa EPA Where Cameroon Stands Alone
Summary
Cameroon is the only Central African country to have an EPA with the EU in place, with this having been under provisional application since July 2014. This unilateral decision to conclude an EPA was taken to ensure continued duty free-quota free access for Cameroonian banana exports to the EU. According to the EC the implementation of the EU-Cameroon agreement ‘has now reached cruising speed’. Brexit related EU/UK trade disruptions in the poultry sector could see the EC looking to enforce EPA provisions on the prohibition of the use of quantitative restrictions on imports from the EU. This could adversely impact the Cameroonian poultry sector. A ‘no-deal’ Brexit could also end Cameroon’s duty free-quota free access to the UK market unless UK specific trade arrangements are set in pace and could increase competition on EU27 markets unless the issue of the future level of TRQ restricted access to EU27 markets is favourably addressed. Brexit could also disrupt EU27/UK cocoa product supply chains in ways which could create opportunities for increased levels of direct exports of value added cocoa products to the UK market, although this will require a careful review of opportunities in this regard by Cameroonian cocoa processing companies. Read more “The EU Central Africa EPA Where Cameroon Stands Alone”
Impact of EU FTAs in the Agri-Food Sector
Summary
EU FTAs are of growing importance to the growth of EU agri-food sector exports, with the EU using a variety of policy tools to increasingly open up overseas markets to EU exports. However the EU’s use of trade policy tools to protect EU producers is in distinct contrast to the policy prescriptions the EU seeks to enshrine in its trade agreements with ACP countries when it comes to the use of traditional agri-food sector trade policy tools aimed at managing trade liberalisation processes in sensitive sectors. The structure of EU EPAs does little to address the fundamental structural imbalance in EU-ACP agri-food sector relations. Fundamental policy coherence issues need to be addressed across the broad ambit of EU-ACP agri-food sector relations if the structural imbalance is to be addressed. The challenges faced in this regard are only likely to be exacerbated by recent EU agricultural policy changes and the Brexit process. Read more “Impact of EU FTAs in the Agri-Food Sector”