What Issues Arise in Relations with Developing Countries From the EU’s 2020 CAP Reform Proposals?

Summary
While the paper from Professor Mathew’s paper reviews the possible effects of specific CAP reform proposals, these cannot be assessed in isolation from the wider EU CAP related policies. This includes EU agricultural trade policies and EU SPS and food safety policies. There are inherent tensions between the quest by EU agro-food companies for new markets and African aspirations for the structural development of local agro-food sectors. Reconciling this tension in a development friendly manner will be a key challenge in addressing policy coherence issues which arise as a result of the EU’s Common Agricultural policy and associated supporting policy measures. Any attempt to get to grips with this issue will require engagement at the country and product specific level and will require full respect for the right of ACP governments’ to determine trade policy measures in all sovereignty on the basis of national structural development interests. This will de facto require the EU to respect the ‘right to development’ of ACP countries by subordinating the interpretation and application of trade agreement commitments to the structural development interests of ACP countries, as defined by the governments and concerned stakeholders in ACP countries Read more “What Issues Arise in Relations with Developing Countries From the EU’s 2020 CAP Reform Proposals?”

Task Force for Rural Africa Sets Out Four Strategic Areas and Six Initiatives

Summary
The Task Force Rural Africa (TFRA) advances a series of specific recommendations and initiatives aimed at ensuring African agro-food sector development contributes fully to addressing the employment and income earning opportunities challenge faced in Africa. A critical challenge is seen as promoting an appropriate trajectory for ‘the development of the African food industry and food markets’. However this will need to address the tension between the EU’s quest for new food product markets and African aspirations for the structural development of national agro-food sectors. In some sectors this will require a critical review of current patterns of trade and investment relations (e.g. in the dairy sector). TFRA recommendation on structured policy dialogues could prove valuable in this regard. A key issue to be addressed will be the interpretation and application of existing EU-Africa trade agreement commitments, which go beyond WTO rules and undermine national trade policy sovereignty and the effectiveness of chosen policy measures. It will also need to effectively operationalize the EU’s new unfair trading practices directive as this impacts Africa-EU trade flows and support measures to strengthen the functioning of local agro-food sector supply chains. Read more “Task Force for Rural Africa Sets Out Four Strategic Areas and Six Initiatives”

EU Sugar Exports to ACP Markets Are Falling After Record Levels of EU Exports in 2018

 

Summary
While after the exception level of EU sugar exports in 2018, export volumes are projected to be substantially reduced in 2019 (with export levels down 50% so far), these are still projected to be above EU export volumes in 2016/17 (+73% so far). What is more on average ACP markets in 2018 took 1 in every 5 tonnes of extra-EU sugar exports, up from 1 in every 14 tonnes in 2014. West Africa is the main ACP region for EU sugar exports, with Ghana and Senegal the two most important markets. Central Africa is the second most important ACP region with Cameroon leading the way as a destination for EU sugar exports. There have been surprisingly high levels of EU sugar exports to the eastern and Southern Africa region, given this is a sugar surplus region. EU sugar exports to the Caribbean have varied with exports to Haiti dominating the trend in overall EU sugar exports. While weather events and national trade policies play a role in patterns of EU sugar exports, there are concerns that ‘no-deal’ Brexit related trade disruption could lead to a growing EU corporate focus on sub-Saharan African markets. This could well give rise to pressure form the EC on ACP governments to abandon policies which restrict EU sugar exports.

  • Overview EU Sugar Exports to ACP Markets

The expansion of EU sugar production in response to the planned abolition of EU sugar production quotas saw a major expansion of EU sugar exports in 2017/18, to a total for the season of 3,353,000 tonnes (1). This expansion of exports began even before the 1st October 2017 abolition of EU national sugar production quotas. In terms of exports to ACP markets it began in 2016, while in terms of overall extra-EU exports it began in 2017.

A review of 2018 EC market access data base statistics shows that in 2017 total EU sugar exports rose 59% compared to 2016, while exports to ACP countries increased 151%  compared to 2016. 2018 saw a further 49% increase in total extra-EU sugar exports and a further 24% increase in exports to ACP countries. Average annual EU sugar exports to ACP countries  in 2017 and 2018 were over four times larger than the annual average for the years 2014,2015 and 2016 (550,969 tonnes compared to 136,762 tonnes) (2).

By 2018 the EU was exporting 611,244 tonnes of sugar to ACP countries, with this accounting for 18.9% of total extra-EU sugar exports, up from 6.9% in 2014. Overall, since 2014 EU sugar exports to ACP markets have increased 482.5% while overall EU sugar exports between 2014 and 2018 increased only 113%.  On average in the two post quota years of 2017 and 2018 ACP countries took 1 in every 5 tonnes of sugar which the EU exported. By 2018 the EU was exporting 77% as much sugar as it was importing from ACP countries, this compares to only 5.6% in 2014, when the EU was importing almost 18 times more sugar from the ACP than the EU was exporting to ACP markets (2).

EU Sugar Export Total and to ACP Countries (tonnes)

2014 2015 2016 2017 2018 % change 17-18
EU Total exports 1,523,854 1,342,485 1,370,544 2,178,927 3,241,842 +48.8%
– Sub Total ACP 104,937 109,988 195,360 490,694 611,244 +24.6%
ACP annual % change -2.3% +4.8% +77.6% +151.2% +24.6
% share ACP of total 6.9% 8.2% 143% 22.5% 18.9%

Source: Extracted from EC, Market Access Data Base, https://madb.europa.eu/madb/statistical_form.htm

  • A Heavy Concentration of EU Sugar Exports in West Africa

EU sugar exports to ACP countries are heavily concentrated in West Africa, which took almost 2/3rd of total EU sugar exports to ACP markets.

By far the most important West African markets are Ghana and Senegal, taking in 2018 25.2% and 21.8% respectively of total EU sugar exports to West Africa. Between 2014 and 2018 EU sugar exports to Ghana and Senegal increasing respectively 32-fold, 9-fold (2). In the first four months of 2019 Ghana retained its leading position as a destination for EU sugar exports to West Africa.  Guinea and Togo followed, taking 12.5% and 12.1% of total EU sugar exports to West Africa, on the back of a 19-fold and 25-fold increase in EU exports between 2014 and 2018. The 2014-18 also saw a 4-fold increase in sugar exports to Benin and Burkina Faso., who by 2018 were taking 8% and 7.9% of total EU sugar exports to West Africa (2).

Since 2014 Mauritania has also seen strong growth in EU sugar exports, with in 2017 Mauritania surging into the position as the leading destination for EU sugar exports, taking 41% of all exports to West Africa. However this was not sustained with export volumes falling 87% in 2018, to account for only 3.6% of total EU sugar exports to West Africa. Mali meanwhile saw a 56 fold increase in EU sugar export volumes, coming to take 4.9% of EU exports to the region in 2018, while Sierra Leone has also emerged as a growing destination market (an 8-fold increase since 2014), taking 6.6% of export to West Africa in 2018 (2).

A noticeable trend since 2014 has been the virtual disappearance of Nigeria as a destination market for EU sugar exports, with Nigeria having previously been not only the leading destination for EU sugar exports in West Africa but across the  whole of the ACP.

This may well be attributable to efforts by the Nigerian government to promote domestic sugar production through more tightly controlling imports (3). This policy may also account for why between 2014 and 2018 there was a four-fold increase in EU sugar exports to Benin (2). In April 2019 Dangote Sugar claimed ‘illegal, low-quality imports’ were ‘putting pressure on its selling price’. It was claimed that ‘although Nigeria banned packaged-sugar imports to protect local industries and diversify the economy, importers take advantage of the nation’s porous borders to bring in the product’. It was reported Dangote’s sugar revenue dropped 26% in 2018, while net income fell 44% (4)

EU Sugar Exports to West Africa (tonnes) % share exports to West African region

% share 2018 2014 2015 2016 2017 2018 % share 2018
West Africa   57,472 56,895 55,045 280,536 406,825
Ghana 5.55% 3,187 4,586 9,192 42,441 102,417 25.2%
Senegal 16.65% 9,568 11,690 10,717 22,566 88,759 21.8%
Guinea 4.64% 2,668 1,570 1,679 7,645 52,175 12.8%
Togo 3.38% 1,940 12,385 5,282 19,070 49,401 12.1%
Benin 13.21% 7,593 10,704 5,541 17,624 32,687 8.0%
Burkina Faso 16.03% 9,215 4,331 4,706 6,594 32,110 7.9%
Sierra Leone 5.78% 3,324 3,211 8,193 21,739 26,822 6.6%
Mali 0.62% 354 677 340 14,508 19,968 4.9%
Mauritania 0 0 1 45 115,330 14,518 3.6%
Niger 6.32% 3,634 4,995 6,182 9,074 7,317 1.8%
Liberia 0.28% 161 155 220 874, 4,378 1.1%
Ivory Coast 0.22% 124 29 20 246 4,247 1.0%
Guinea Bissau 0.002% 1 71 67 239, 2,853 0.7%
Cape Verde 0.34% 195 213 288 285 1,150 0.3%
Sao Tome & Principe 4.14% 2,379 2,264 2,573 1,335 704 0.2%
Nigeria 23.46% 13,483 13 966 6 0.001%

Source: EC, Market Access Data Base, https://madb.europa.eu/madb/statistical_form.htm

  • Central Africa Variable Export Trends

The second most important market for EU sugar exports in the ACP was Central Africa. Cameroon was the most important market for EU sugar exports to Central Africa accounting for 60% of export to the region, down from almost 75% in 2014, following a diversification of EU export markets in the region.

EU Sugar Exports to Central Africa (tonnes) % share exports to Central African region

% share 2018 2014 2015 2016 2017 2018 % share 2018
Central Africa   35,190 32,089 63,570 67,746 87,806
Cameroon 74.93% 26,367 22,292 38,356 55,604 52,740 60.06%
Angola 11.07% 3,894 3,952 18,312 6,143 25,377 28.90%
Chad 0.45% 16 17 21 757 5,916 6.74%
Equatorial Guinea 6.18% 2,173 2,273 2,569 2,142 2,165 2.47%
DRC 0.92% 323 255 447 768 760 0.87%
Gabon 7.65% 2,693 3,135 3,794 2,277 618 0.70%
Congo 0.03% 12 164 65 53 228 0.26%
CAR 0.10% 35 1 6 2 2 0.002%

Source: EC, Market Access Data Base, https://madb.europa.eu/madb/statistical_form.htm

EU exports to Cameroon nevertheless doubled between 2014 and 2018. The most dramatic areas of growth in EU exports to central Africa occurred to Angola (a 6 ½ fold increase) and Chad with an increase from 16 to nearly 6,000 tonnes between 2014 and 2018. In addition from a limited base EU sugar exports to the DRC have more than doubled (2).

However EU sugar exports to other Central African markets such as Gabon and CAR have shown declines with this being most noticeable in the case of Gabon. EU sugar exports to Equatorial Guinea meanwhile have largely stagnated though be it on a variable trend (2).

  • Eastern and Southern Africa: Surprising Export Growth

While given the close proximity and sugar deficit nature of these markets these patterns of EU market exports were understandable, more surprising is the expansion of EU sugar exports to Eastern and Southern Africa markets. This region, as a whole, is a surplus sugar production region. By 2018 this region was taking a total of 109,218 tonnes of EU refined sugar up from a mere 5,217 tonnes in 2014 (2).

EU Sugar Exports to Eastern and Southern Africa – ESA (tonnes) % share exports to ESA region

% share 2018 2014 2015 2016 2017 2018 % share 2018
Sub-Total  ESA   5,217 13,642 67,733 124,189 109,218
             
Southern Africa 4.93% 257 4,483 32,023 36,605 50,621 46.35%
South Africa 2.89% 203 4,480 32,022 15,768 42,421 38.84%
Namibia 0.98% 51 1 10,836 8,194 7.50%
Mozambique 0.06% 3 3 0 1 6 0.01%
EAC 1.36% 71 5,255 5,135 28,883 44,276 40.54%
Kenya 0.65% 34 978 2,061 3,285 21,859 20.01%
Tanzania 0 0 4,231 3,020 24,184 17,107 15.66%
Uganda 0.06% 3 8 1 1,357 3,732 3.42%
Rwanda 0.21% 11 17 17 17 1,519 1.39%
Burundi 0.44% 23 21 36, 40 59 0.05%
other ESA (sub-Total) 93.7% 4,889 3,904 30,575 58,701 14,321 13.11%
Djibouti 1.94% 101 306 169 1,379 7,404 6.78%
Sudan 77.63% 4,050 2,383 30,314 56,822 4,313 3.95%
Ethiopia 13.32% 695 1,198 68 50 2,231 2.04%
Comoros 0.02% 1 1 8 284, 301 0.28%
Mauritius 0 0 0 0 13 45 0.04%
Madagascar 0.79% 41 8 12 149 23 0.02%
Seychelles 0.02% 1 5 4 3 3 0.003%
Eritrea 0 0 4 0 1 1 0.0009%

Source: EC, Market Access Data Base, https://madb.europa.eu/madb/statistical_form.htm

By far the most important market in the eastern and Southern African region in 2018 was South Africa, which accounted for almost 39% of EU sugar exports to the 16 ESA countries to which exports currently take place. In 2018 South Africa replaced Sudan as the leading ESA destination. In 2017 Sudan had taken almost 40% of EU sugar exports to ESA countries, before declining by over 92% in 2018 (2).

This may well in part be attributable to the drought conditions in Southern Africa, neighbouring Eswatini (Swaziland) and the Sudan. However, in terms of trade with South Africa it could also be attributable to specific patterns of sugar demand from the manufacturing sector.

The other noteworthy trend is the expansion of EU sugar exports to the EAC market, in the context of the continued application of safeguard measures by Kenya under the COMESA trade agreement. between the 2014-16 period and 2017//-18 period  there was a more than 10-fold increase in the average volume of EU sugar exports to the EAC region, with Kenya in 2018 taking 49% of EU sugar exports to the EAC market (2).

EU sugar exports to other ESA countries however has proved highly  variable  with no clear trend, but a surprising rise in EU sugar exports to Ethiopia in 2018, though be it from a low base (2).

It is noteworthy that some of the largest increases in EU exports are in countries and sub-regions where EU based sugar companies have developed partnerships or enjoy major ownership stakes in local sugar producers, most notably in the EAC and SADC EPA regions (2).

  • Variable Trends in EU Exports to the Caribbean

Beyond Africa EU sugar exports to the Caribbean have increased marginally by 4.8%. This however has taken place on a highly variable trend. Exports to Haiti are a major determining factor in trends in EU sugar exports to the Caribbean ACP countries. In 2017 Haiti accounted for 60% of EU sugar exports to Caribbean ACP countries, with this falling to a mere 0.8% in 2018. Indeed the fall in EU sugar exports to the Caribbean ACP region was wholly accounted for by changes in export levels to Haiti (2).

The most consistent destination market for EU sugar exports over the past five years has been Barbados, though be it on a declining trend. Between 2014 and 2018 the volume of EU sugar exports to Barbados fell 19%, with the share of Barbados in EU sugar exports to the Caribbean ACP region falling from 74.5% in 2014 to 57.3% in 2018 (2).

Elsewhere in the Caribbean the most noticeable trend was the increase in EU sugar exports to Suriname, with these exports largely coming from the Netherlands and Belgium. In 2018 Suriname accounted for 36% of EU sugar exports to the Caribbean ACP region, up from 14% in 2014 (2).

EU Sugar Exports to Caribbean Countries (tonnes) % share exports to Caribbean ACP region

% share 2014 2014 2015 2016 2017 2018 % share 2018
Caribbean   7,056 7,762 9,012 18,223 7,395
Barbados 74.50% 5,257 4,828 4,364 3,406 4,239 57.3%
Suriname 14.82% 1,046 1,368 1,324 2,912 2,665 36.04%
Bahamas 3.43% 242 198 242 198 220 2.97%
St Lucia 0 0 246 2,772 374 88 1.19%
DR 0.07% 5 34 38 55 67 0.91%
Haiti 0.03% 2 1 3 10,904 56 0.76%
St Vincent 0.31% 22 66 44 44 27 0.37%
Grenada 6.96% 484 621 225 330 22 0.30%
Jamaica 0 0 0 0 0 7 0.09%
Trinidad & Tobago 0 0 2 0 0 4 0.05%

Source: EC, Market Access Data Base, https://madb.europa.eu/madb/statistical_form.htm

  • EU Export Trends in 2019

Reduced EU production in the 2018/19 season has seen EU sugar export volumes for the 2018/19 marketing year down to just over half the level attained in 2017/18 over the same period (to 1,086,000 tonnes compared to 2,178,000). However these export volumes were still almost 73% above the levels attained during this period in 2016/17. Overall therefore EU sugar exports continue to be at enhanced levels (5).

Total EU Sugar Exports 2018/19 up to 21st April 2019 (tonnes)

Period 2016/17 2017/18 2018/19
1st Oct 2018to 21 April 2019 629,000 2,178,000 1,086,000

Source: EC, ‘EU Total exports – EU cumulated exports (CN 1701)’ Sugar Market situation, AGRI G 4 Committee for the Common Organisation of Agricultural Markets, 25 April 2019,
https://ec.europa.eu/agriculture/sites/agriculture/files/market-observatory/sugar/doc/market-situation_en.pdf

As the ACP Group has pointed out this has seen EU sugar suppliers taking market share away from ACP producers on regional ACP markets, compounding the earnings losses suffered as a result of substantially lower EU prices and ACP export volumes to Europe (6).

Comment and Analysis

While EU sugar exports to West Africa have seen a more than seven-fold increase since 2014, this trend has not been replicated in Nigeria. Current efforts by the Nigerian government to develop backward linkages in the sugar sector are actively discouraging imports of refined sugar and favouring imports of raw sugar, linked to commitments from refining companies to expand local sourcing of sugar cane.

This Nigerian government policy includes:

·         the granting of ‘a five-year tax holiday for investors in the sugar value chain’;

·         the imposition of ‘a 20% duty and 60% levy for imported refined sugar’;

·         the imposition of a ‘10% import duty and 50 % levy on imported raw sugar’, but with a special three year dispensation during which a ‘concessionary tariff of a 5% import duty and 5% levy on imported raw sugar’ is granted to refineries that signed-on to the government’s Backward Integration Program (7).

This Nigerian government’s policy thus actively discourages the importation of refined sugar from regions like the EU and favours the importation of raw sugar, by refiners who have committed to local sourcing to greater local sourcing.

However as USDA analysis points out Nigerian government ‘policies on sugar have not resulted in increased production’. Indeed it is held the Nigerian governments ‘backward integration programs for sugar production still remain significantly challenged, due to weak infrastructure, poor policy formulation/implementation, limited funding and insecurity’ (7).

This creates a situation where according to USDA for ‘MY 2018/19 imports are forecast to remain relatively constant at 1.8 million tons’, while production continues to languish at a mere 80,000 tonnes (7).

Thus while the Nigerian governments policy has systematically discriminated against refined sugar imports from the EU and encouraged imports of raw sugar, this has so far seen no significant improvement in domestic sugar production. What it has seen is a fourfold increase in EU refined sugar exports to Benin and accusations of increased smuggling of refined sugar across the Benin-Nigeria border (4). Against this background were a ‘no deal’ Brexit to lead to a displacement of EU27 sugar exports to the UK to non-EU markets (EU27 sugar exports to the UK in MY 2017/18 amounted to 550,000 tonnes of white sugar – see epamonitoring.net article, ‘First Post Production Quota Year Shows Dramatic Changes on the EU Sugar Market’, 18 February 2019). The need to find markets for this displaced sugar without further undermining EU27 sugar markets could see the EC exerting pressure on ACP governments to abandon trade policies which are seen as discriminating against EU exports.

ACP governments will need to remain alert to the potential trade displacement effects of a ‘no-deal’ Brexit in the sugar sector in a context where the UK’s ‘no-deal’ Brexit temporary MFN tariff schedule would see high MFN duties applied on imports from EU27 member states, bringing this trade to a virtual standstill. This would leave EU sugar companies looking for alternative export markets equivalent to 90% of the total level of EU sugar exports to ACP markets in 2018.

The expansion of EU sugar exports to Central African countries like Angola potentially has implications for the intra-African sugar trade, with Angola being a natural market for South African, Eswatini (Swazi) and Zambian exports. Indeed, the regional marketing strategy adopted by Illovo owned Zambian Sugar may account for the more limited expansion of EU sugar exports to the DRC. Indeed, given the extent of EU corporate ownership and partnership arrangements in the Eastern and Southern African sugar sector, the pan-continental marketing strategies adopted by these Europe based sugar companies could have a significant bearing on sugar trade flows.

This will be complicated by a ‘no-deal’ Brexit, given the major role which the British company Associated British Foods plays in sugar production in Southern and Eastern Africa and the potential which the French sugar company Tereos has for redirecting sugar production from associated companies in Sub-Saharan Africa to serving UK markets under a ‘no-deal’ Brexit scenario, were current exports to the UK from their French operations to be disrupted.

Against this background governments of ACP sugar exporting countries will need to maintain a close eye on developments around the Brexit process and the market positioning strategies adopted by EU sugar companies, to ensure national sugar sector interests are protected.

While EU sugar exports to the ESA region appear to be weather related, it is unclear to what extent, having established a market presence in countries such as Namibia and Kenya; EU exporters will seek to maintain their market presence. The pressure to maintain a market presence is likely to intensify under a ‘no-deal’ Brexit scenario given the scale of the EU27 trade displacement in the sugar sector which would arise under the application of the UK’s proposed temporary MFN tariff schedule (see epamonitoring.net article, ‘The UK’s Proposed New MFN Tariff Regime: Protects ACP Interests in the Short Term But…..’, 14 March 2019).  If EU sugar exporters seek to maintain their market presence this will reduce intra-regional trade opportunities for Eswatini (Swaziland) the traditional supplier of the Namibian market and a recent sugar exporter to Kenya.

Despite long standing efforts to revitalise the domestic sugar sector, the Kenyan government continues to apply safeguard measures in the sugar sector under the COMESA agreement (see epamonitoring.net, ‘EAC Sugar Sector Continues to Seek Protection and Effective Management of Sugar Imports’, 15 November 2018). This limits the level of sugar imports allowed under the COMESA agreement. However according to the USDA the top 5 sugar suppliers to the Kenyan market are: Brazil (377,349 tonnes – 48%); Thailand (111,065 tonnes – 14%); Egypt (a COMESA member 87,059 tonnes – 11%); India (84,817 tonnes – 11%); and Mauritius (a COMESA member, 78,463 – 10%). COMESA members thus account for only 21% of Kenyan imports from the top five sources of supply (8). In addition despite these import restrictions under the COMESA agreement imports from the EU have grown rapidly since 2014 (2).

This raises questions about the consistency of such imports with the extension of the special sugar sector safeguards under the COMESA agreement. This being noted the EU remains a minor player as a supplier of sugar to the Kenyan market, with EU exports consisting exclusively of refined sugar.

While these COMESA safeguard measures would appear to have a bearing on Swazi sugar exports to the Kenyan market, which totalled 66,475 tonnes in MY 2017/18, a more important factor was the lapsing of the special dispensation which Eswatini (Swaziland)was able to avail itself of under COMESA trade arrangements while still a member of the SACU. Given the failure of SACU to acceded to the COMESA trade protocol this special dispensation for Eswatini’s sugar exports lapsed during the MY 2018/19. This saw total Eswatini sugar exports to Kenya fall to 10,687 tonnes, a reduction of 84% (9).

Given efforts underway to create a pan-African Continental FTA, the issue of the impact of EU sugar exports to Sub-Saharan Africa on the development of intra-regional trade in sugar is only likely to gain in prominence. This will be particularly the case as production levels recover from recent drought affected levels in countries like Eswatini and South Africa.

How Would ACP Least Developed Countries Be Impacted by a 12th April No Deal Brexit?

Summary
The ending of the two year notification period set out under Article 50 of the EU Treaty alongside the House of Commons rejection of the Withdrawal Agreement for a 3rd time, leaves the Brexit process on borrowed time. The UK government will now have to submit an alternative way forward in the Brexit process if a no deal Brexit is to be avoided on the 12th April 2019. While this may include a longer extension of the Article 50 period beyond the 2 weeks the EU Council has currently granted, the prospect of a no-deal Brexit on 12th April cannot be ruled out. This is despite a huge 240 Parliamentary majority against the UK leaving the EU without a deal. While a no-deal Brexit will not impact on the duty free quota free access which LDCs enjoy to the UK market, where the UK government has committed to rolling over the existing EU preferential system for LDCs as a unilateral UK trade arrangement, a wide variety of non-tariff related issues will also need to be addressed. If these issues are not comprehensively addressed then current trade flows from LDCs could be disrupted in the short term while in the longer term the value of the duty free-quota free access enjoyed could be undermined by changes in the UK’s independent MFN tariff regime. In addition there are a range of UK trade policy issues which need to be addressed if trade with least developed countries is to become a tool for wider poverty focussed sustainable development in LDCs. Most notably in this regard are the rules of origin and SPS control requirements to be applied by the UK to imports from LDCs. Read more “How Would ACP Least Developed Countries Be Impacted by a 12th April No Deal Brexit?”

Which ACP EPA Signatory Countries Would be Most Vulnerable to a 12th April No Deal Brexit?

Summary
With the ending of the two year notification period set out under Article 50 of the EU Treaty and the House of Commons having rejected the Withdrawal Agreement for a 3rd time, the Brexit process is on borrowed time. The UK government will now have to submit an alternative way forward in the Brexit process if a no deal Brexit is to be avoided on the 12th April 2019. While this may include a longer extension of the Article 50 period beyond the 2 weeks the EU Council has currently granted, the prospect of a no-deal Brexit on 12th April cannot be ruled out, despite a huge 240 Parliamentary majority against the UK leaving the EU without a deal. Against this background, after providing an update on the Brexit process in the UK, this article reviews the situation of ACP countries and regions which currently trade with the UK under an EU EPA. Read more “Which ACP EPA Signatory Countries Would be Most Vulnerable to a 12th April No Deal Brexit?”

UK Signs Continuity Agreement with Caribbean ACP Countries

Summary
On 22nd March 2019 the UK government signed a Continuity Agreement with representatives of a number of Caribbean ACP governments. The UK government press release highlighted the benefits of the agreement to Caribbean banana, sugar and rum exporters. While the agreement leaves Caribbean signatories well placed to exploit expanded market opportunities which a no-deal Brexit would give rise to, these benefits could rapidly disappear. The UK government is committed to a wide ranging review of its temporary MFN tariff schedule within 12 months of a no-deal departure from the EU. It is essential for Caribbean Continuity Agreement signatories to ensure existing MFN duties for bananas and sugar remain in place in the medium to long term. Important issues related to the functioning of triangular supply chains and the future of autonomous UK phytosanitary controls linked to UK agro-climatic conditions also need to be addressed. In light of these issues there is a need to attach an “Annex of Concerns” to the newly conclude UK-Caribbean Continuity Agreement. This should set out both areas where the rolled over provisions of the existing EPA can and should be improved to enhance Caribbean exports trade and where additional agreements are needed to preserve continuity of current flows, including triangular trade flows. Read more “UK Signs Continuity Agreement with Caribbean ACP Countries”

Fiji and Papua New Guinea Sign onto Continuity Agreements with the UK

Summary
While the concluded Continuity Agreement with Fiji and PNG preserves current duty free quota free access to the UK market under a no-deal Brexit scenario, it provides only temporary assurances on the maintenance of the value of these rolled over tariff preferences. The UK’s no-deal Brexit MFN tariffs announced on 13th March, will only last up to12 months after the UK’s departure from the EU, with a substantive tariff review being conducted during this period. In addition the existing Continuity Agreement fails to take account of the scope for improving the current rules of origin applied to Pacific island exports which could open up substantial new export opportunities in a context where the regions export trade with the UK has been in decline in recent years. In this context there would appear to be a need to attach an “Annex of Concerns” to the newly conclude UK-Pacific Continuity Agreement, setting out areas where the rolled over provisions of the existing EU EPA can and should be improved and where additional agreements are needed to preserve and enhance current trade. Read more “Fiji and Papua New Guinea Sign onto Continuity Agreements with the UK”

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”

First Post Production Quota Year Shows Dramatic Changes on the EU Sugar Market

Summary
The 2017/18 marketing year saw a dramatic fall in imports from EPA/EBA suppliers of some 58% compare to the 2016/17 season. This extended the trend in declining ACP sugar exports which has been underway since the 2013/14 marketing year. This situation on the EU market is unlikely to improve, with the impact of Brexit potentially making the EU27 market situation more difficult for ACP sugar exporters. However opportunities for ACP exporters on the UK market could emerge under a ‘no-deal’ Brexit scenario, if ACP EPA signatory governments can secure a continuation of current duty free-quota free access to the UK market form 30th March 2019. This situation however will be complicated by the likely lobbying by Tate & Lyle Sugars for an expansion of its access to world market priced sugar for refining. Further complications arise from the growing volume of EU white sugar exports to African markets, which, given population and per capita sugar consumption trends, are themselves increasingly attractive to African sugar producers. ACP sugar producers and exporters will need to develop more sophisticate marketing strategies to deal with an increasingly complex set of changing market parameters. Read more “First Post Production Quota Year Shows Dramatic Changes on the EU Sugar Market”