Summary
The UK-Cote d’Ivoire EPA includes commitments which are ambiguously formulated, and which fail to clearly accommodate changes since the initial drafting of the EU EPA text in 2007 as well as evolving intra-regional trade arrangements in West Africa. Particular concerns arise over the apparent retro-active nature of the bulk of Ivorian tariff phase down commitments,, which would result in the elimination of tariffs on the bulk of its imports from the UK from the date of entry into force of the UK-Cote d’Ivoire EPA (or even from the date of its provisional application). This would be both extremely unusual and unreasonable and needs to be clarified in light of the provisions of Article 13(a) and wider intentions of the agreement to replicate the situation at the date of lapsing of the applicability of the EU agreement to the territory of the UK, prior to the entry into force of the agreement. There are also major shortcomings in how the agreement deals with the future functioning of Ivorian triangular supply chains, which in some sectors account for the bulk of Ivorian sales on the UK market. The most serious issues are faced in cocoa product and preserved tuna supply chains, but with phytosanitary import control and broader border clearance and logistical issues also being faced in the tropical fruit sector. The agreement also lacks forward looking provisions on rules of origin, which in light of the continued right of UK producers to use EU inputs as if they originate in the UK, should allow the automatic use of any African input in goods produced in Cote d’Ivoire, without any loss of originating status and preferential access. Such forward looking rules of origin would encourage greater value-added processing in Cote d’Ivoire and support and promote the development of intra-African supply chains. The only means by which such an agreement can be considered minimally adequate is if it allows continued duty-free access to the UK market, but defers implementation of reciprocal commitments, until all outstanding issues of concern have been addressed.
Read more “Signed Cote d’Ivoire-UK EPA Leaves Major Triangular Supply Chain Issues Unaddressed”