Category: SPS / Food safety

State of Play in the EU/UK Brexit Negotiations: Update 4 February 2019

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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

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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”

Part 2 Country Specific Trends in EU Agri-food Sector Trade with ESA EPA Countries

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Summary
The value of EU agri-food exports to Mauritius grew 53% between 2013 and 2017 while the value of EU agri-food imports from Mauritius fell 26%, with this largely attributable to the impact of EU sugar sector reforms. A ‘no deal’ Brexit however could present opportunities for Mauritian refined sugar exporters. In contrast the value of Malagasy agri-food exports to the EU grew 164%, while the value of imports from the EU grew 44%. This is attributable to the fragile political and economic stability attained since 2013. Zimbabwe’s agri-food sector trade flows have been impacted by the sustained political and economic crisis, with volatile export values and no change in the value of imports from the EU for the period as a whole. The value of agri-food exports from the Comoros has increased almost 60% since 2013, with strong growth in the unit value of earnings of both vanilla and essential oils. EU agri-food exports to the Comoros have grown faster than overall exports, at double the rate, with a strong increase in the value of EU poultry meat exports and an even larger increase in the volume. There has also been a strong increase in EU beef exports to Comoros. The Seychelles has no agro-food sector export trade with the EU, while the value of agri-food imports from the EU rose 61% between 2013 and 2017. Dairy products led the way in this trade expansion, with EU poultry meat exports also getting under way during this period. Brexit related issues arise for Zimbabwe in the resurgent cut flower trade given the dominant role the Dutch flower auction houses play in this trade and the potential for Brexit related disruption of triangular supply chains. Initiatives will be needed to ‘Brexit-proof’ these supply chains. For Seychelles and Madagascar Brexit related rules of origin issues in the fisheries sector will also need to be addressed under a ‘no-deal’ outcome to the current Brexit negotiations, with this potentially opening up investment and export trade opportunities in relations with the UK. Read more “Part 2 Country Specific Trends in EU Agri-food Sector Trade with ESA EPA Countries”

Part 1 Overall Trends in EU Trade with ESA EPA Countries

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Summary
The EU-ESA EPA is not a single agreement but a collection of five individual yet similar agreements covering a population of some 45.5 million. For 4 countries these agreement have been in place since 2012 while the 5th is scheduled to enter into force shortly. These agreements fall far short of the ambitious regional EPA, embracing up to 18 countries with a population of 541 million, which the EC initially sought. This has split the larger ESA region into 3 distinct groups in terms of trade relations with the EU, thereby complicating intra-regional trade integration efforts. Since the signing of the EPAs EU agri-food exports to ESA EPA signatories have grown strongly (+48%), despite there being no growth in direct EU exports to Zimbabwe. The growth in the value of EU agri-food imports from ESA4 countries was been slower at only +27%. This growth was attributable to the 164% growth in the value of imports from Madagascar which now dominates the ESA4 agri-food export trade to the EU. EU agricultural reforms and the multiplication of EU trade agreements with non-ACP countries are serving to reduce the value of traditional agri-food sector trade preferences, particularly for Mauritius and Zimbabwe. The Brexit process further complicates the situation, although a ‘no-deal’ Brexit could potentially open up new opportunities on the UK market for Mauritian refined sugar exports. Other important issues faced relate to the impact of the new EU plant health regulations on horticulture and floriculture exports and the impact of the expansion of EU agri-food exports on opportunities for the structural development of local agri-food sectors serving national and regional markets. ESA EPA signatories face differing challenges and opportunities as a result of current trends in EU agri-food exports to ESA EPA signatories and the wider Eastern and Southern African region. How EPA provisions are implemented in practice in the future, in the face of Brexit related commercial pressures, will have an important bearing on the future evolution of EU-ESA trade, as well as the scope for the development of intra-regional trade in the Eastern and Southern African region. Read more “Part 1 Overall Trends in EU Trade with ESA EPA Countries”

Ghana: EPA Implementation in the Context of EU’s West Africa EPA Strategy

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Ghana: EPA Implementation in the Context of EU’s West Africa EPA Strategy

Summary
Ghana, alongside Cote d’Ivoire, signed an interim EPA with the EU despite the stalled regional negotiations in order to preserve existing duty free-quota free (DFQF) access to the EU market. Since 2014 EU agri-food exports to Ghana have grown in value by 38.3%. This has seen strong growth in volume of EU poultry meat exports (+163%) and dairy exports (+44%), alongside a 93% increase in EU animal and vegetable fat exports and a 237.5% increase in exports of miscellaneous edible products. In contrast between 2014 and 2017 a small decline in the value of Ghanaian agri-food exports to the EU occurred. Despite this since 2008 the granting of full DFQF access for Ghanaian banana exports has seen a 57% increase in export volumes. However global volatile cocoa prices have held back any sustained growth in agri-food sector export values. Movement up the value chains to the export of more processed value added cocoa products is potentially offering greater agri-food sector export earnings stability and even growth in the future. However given the importance of the UK in Ghana’s export trade to the EU a key trade issue which is not being addressed is the impact of Brexit on the value of the Ghana-EU EPA preferences. A host or Brexit related issues need to be urgently addressed, including: securing continued DFQF access to the UK market after 29th March 2019; the scope for maximising opportunities for direct exports of value added cocoa products to the UK market arising from a ‘no-deal’ Brexit; minimising the trade diversion effects of Brexit on trade in animal products which could increase pressure on Ghanaian poultry, beef and dairy product markets; minimising the adverse effects of the EU’s new plant health regulation on emerging non-traditional horticulture and sub-tropical fruit exports. Read more “Ghana: EPA Implementation in the Context of EU’s West Africa EPA Strategy”

Impact of EU FTAs in the Agri-Food Sector

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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”

Putting the Implementation of the SADC-EU EPA in Context Factoring in the Earlier EU-South Africa TDCA

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Summary
The review of the implementation of the EU-SADC EPA in 2017 notes in passing the exceptionally high growth rate in EU agro-food exports to South Africa since the entry into force of the EU reciprocal preferential trade agreement in 2000. Since 2009 this has seen remarkably high rates of expansion in food categories where tariffs have been dismantled and the EU has been exempted from trade measures adopted to curb increases in imports which threaten to undermine domestic production. The experience since 2009 raises serious questions about the effectiveness of the anti-dumping and safeguard provisions included in EU trade agreements. The implementation of safeguard measures and even SPS measures against EU agro-food exports is a fiercely contested area under the EU-SADC EPA. Finally the linking of development assistance provisions to EPA implementation priorities is potentially a double edged sword, since it raises the question of whose priorities are being promoted. This needs to be seen in the context of the acute tensions between African structural economic development objectives and EU export interests in the agro-food sectors which are seen as increasingly central to the European agricultural model. Read more “Putting the Implementation of the SADC-EU EPA in Context Factoring in the Earlier EU-South Africa TDCA”

Tighter Regulation and Improving Knowledge Among Input Suppliers Could be Key to Maintaining Kenyan Access to EU Horticulture Markets

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Summary
The EU import ban on Kenyan exports of sugar snap and mange tout pea varieties has been lifted after 5 years. EFSA pesticide compliance analysis reveals the inclusion of new residue categories can lead to lower compliance levels in the following reporting period, as farm practices take time to adjust. The ‘time lag’ in revising pesticide application practices is most noticeable on imports form non-EU/non-EEA countries. This suggests a strengthening of regulatory requirements for pesticide traders and importers and the establishment of structured dialogues between government, importers, rural traders and farmers could play a role in ensuring EU markets remain open to all Kenyan horticultural exports. Read more “Tighter Regulation and Improving Knowledge Among Input Suppliers Could be Key to Maintaining Kenyan Access to EU Horticulture Markets”

Ukrainian Poultry Company MHP Secures Third foothold inside the EU

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Summary
MHP has succeeded in purchasing a third EU based poultry company, the Slovenian meat processor Perutnina Ptuj. This needs to be seen in the context of concerns that Ukrainian raised poultry processed in the EU is giving rise to exports of poultry parts which are being mislabelled as EU raised poultry. This could potentially undermine effective SPS controls for Avian Influenza in ACP countries. It is essential all EU exports of poultry parts are properly labelled on the basis of the country of origin of the bird from which the poultry parts were derived. Read more “Ukrainian Poultry Company MHP Secures Third foothold inside the EU”

EU Chief Negotiator Barnier Sets Out What needs to Happen to Avoid a ‘No-Deal’ Brexit

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Summary
The Irish border and the framework for future trade and customs arrangements remain the two main obstacles to a negotiated Brexit. For the EU the UK’s departure from the single market and customs union will inevitable mean new controls on imports from the UK. While on the island of Ireland the EU wants necessary checks to be carried out away from the border, the very notion of such checks falls short of PM May’s desire for continued ‘frictionless trade’. Meanwhile the DUP opposes any concessions which treats Northern Ireland differently from the rest of the UK and is willing to block the UK annual budget on this issue. The EU for its part will not accept UK access to the single market if UK tariffs and regulations vary from those of the EU since this would give UK companies a competitive advantage in the EU.  At the 17th October EU Summit Prime Minister May offered ‘nothing new’ on the Irish border issue, with EU leaders deeming progress insufficient to warrant the convening of a special EU summit in November. Negotiations are now likely to drag on into December and possibly into 2019. EU officials however continue to be believe an agreement can be reached. Against this background ACP countries may need to step up preparations for a ‘no-deal’ Brexit. This should include: fast tacking preparations for the conclusion of ‘UK-only’ trade deals based on the existing EU EPAs; opening discussions with the EC on the future of EU bilaterally negotiated TRQs for bananas and sugar and the scope for minimising disruptions of ACP triangular supply chains under a ‘no-deal’ scenario. Read more “EU Chief Negotiator Barnier Sets Out What needs to Happen to Avoid a ‘No-Deal’ Brexit”