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Doing Business with Europe: How your Business can Benefit from the CARIFORUM-EU EPA A seminar for the Caribbean business community Port of Spain, Trinidad and Tobago: 4-5 April 2011 CARIFORUM-EC Economic Partnership Agreement (EPA): Opportunities for Caribbean Businesses David Hales Director External Economic and Trade Relations CARICOM Secretariat 1 Preamble Why an EPA? The CARIFORUM-EU EPA is a trade partnership for sustainable development, which promotes regional integration and the gradual integration of CARIFORUM countries into the world economy. EPAs are intended to replace the Preferential Trade Arrangements that ACP States have enjoyed with the EU since 1975 under the four successive LOME Agreements and the Cotonou Partnership Agreement. Negotiations completed in December 2007 14 CARIFORUM States signed the Agreement on 15 October 2008 Haiti signed on 10 December 2008 Provisional application from 29 December 2008 2 Structure of the CARIFORUM-EU EPA The CARIFORUM-EU EPA is a comprehensive Agreement by virtue of the myriad of issue areas that it covers. These include: Development Cooperation, Market Access (Customs Duties), Trade Defense Instruments, Trade Facilitation, Agriculture and Fisheries, Investment, Trade in Services and Ecommerce, Current Payments and Capital Movement and Dispute Avoidance. The EPA also provides rules, measures and provisions in Trade Related Issues such as Competition, Innovation and Intellectual Property, Government Procurement, Environment, Social Aspects and Protection of Personal Data. 3 Market Access - Commodities Reciprocal grant of preferences by the EC and CARIFORUM Sugar: Rice: Sugar Protocol to end by 30 September 2009 For the marketing period 2008-2009 CARIFORUM States signatory to the Protocol to share 30,000 tonne quota increase duty-free and quota-free access into to the EC market to apply from 1 January 2010 Tariff rate quota in place in 2009, with zero rate of duty and quota of 250,000 tonnes. Bananas: duty-free and quota-free access into EU market from date of application of the Agreement (i.e. 29 December 2008) 4 Market Access – Tariff Liberalization For CARIFORUM, a number of items (representing 13.1% of CARIFORUM imports from the EU) have been excluded from tariff liberalization altogether CARIFORUM enjoyed a three (3) year moratorium across the board Reduction of Tariffs on motor vehicles subject to a ten (10) year moratorium Haiti to enjoy a ten (10) year moratorium on certain petroleum products (of tariff heading 2710.11) 5 Market Access – Tariff Liberalization (Continued) CARIFORUM to apply zero rates of duty on a number of items (which represent 52.8% of CARIFORUM imports from the EU) from 1 January 2009) CARIFORUM to liberalize remaining tariffs over prescribed periods (i.e. phased reductions over 5,10,15,20 and 25 years) By the end of fifteen years, CARIFORUM will have liberalized 82.7% of imports from the EC and by twenty-five years, 86.9% Other Duties and Charges’ applied at the border by CARIFORUM States to be maintained for seven years from the date of application of the Agreement and phased out in the succeeding three years (i.e. by 29 December 2018) Region Preference – CARIFORUM States will confer upon each other concessions granted to the EU. MFN Clause – The EU will grant to CARIFORUM anymore favourable treatment arriving from subsequent agreements the EU concludes with any third party. CARIFORUM will only have to grant to the EU any more favourable treatment to a major trading country with whom they conclude FTA after signature of the EPA 6 Trade Defense Instruments A bilateral safeguard mechanism, which allows CARIFORUM States to apply safeguards at a threshold less onerous than that applicable to multilateral safeguards For a period of ten years from the date of entry into force of the EPA, a Signatory CARIFORUM State may take safeguard measures where imports of an EC product cause or threaten to cause disturbances to an infant industry producing like or directly competitive products While Safeguard provisions may be applied by a CARIFORUM State for a period not exceeding four (4) years, such measures may be extended for a further period not exceeding four (4) years, where circumstances warranting imposition of safeguard measures persist. Safeguard provisions may be applied by the EC for a period not exceeding two years; extension for a period of two years where circumstances warrant is available. 7 Customs and Trade Facilitation The provisions of this Chapter: aim to enhance the existing customs and trade facilitation procedures in CARIFORUM States, while at the same time maintaining effective control provides for harmonized legislation, practice and procedures across CARIFORUM 8 Technical Barriers to Trade and Sanitary and Phytosanitary Measures Content TBT This Chapter: emphasizes enhanced communication and exchange of information on technical regulations, standards, conformity assessment and on products affected by TBTs SPS This Chapter: Includes provisions dealing with increased capacity of CARIFORUM countries to protect plant, animal and public health, while facilitating trade among countries 9 Agriculture and Fisheries There is a commitment to development cooperation in areas such as market development, promotion of investment, downstream processing, development experiences, policy and institutional changes, rural development, new technologies and issues relating to quality The EC has also committed to providing development support, including in the following areas: improving competitiveness of both traditional and non-traditional export sectors; development of export marketing capabilities; compliance with, and adoption of, quality standards; promotion of private investment and public-private partnerships; improvement in the ability of CARIFORUM operators to comply with national, regional and international technical, health and quality standards; and building or strengthening scientific, technical, human and institutional 10 Investment, Trade in Services and E-Commerce Differential market liberalization by the CARICOM MDCs and the LDCs The EU has liberalized 94% of the sectors listed under the GATS The Region has managed to elicit notable gains in the areas of Mode 4 (temporary movement of natural persons) and Cultural Industries. The Parties recognize that e-commerce increases trade opportunities in many sectors and have committed to the maintenance of dialogue on regulatory issues relating to ecommerce 11 Investment, Trade in Services and E-Commerce (Cont’d) (Regulatory Framework) The EPA also sets out: principles for the new regulatory framework for all courier services that are to be liberalized the regulatory principles for telecommunication services other than broadcasting which are to be liberalized principles of the regulatory framework for financial services liberalized principles regarding the liberalization of international maritime transport services. 12 Financial Services, Current Payments and Capital Movements The Articles on Financial Services, Current Payments and Capital Movements provide for effective market access to, and facilitation for suppliers of financial services of the Parties (103-108 and 122-124) 13 Trade Related Issues Competition (Articles 125-130) commitment to free and undistorted competition support to be provided to CARIFORUM in the establishment, strengthening and facilitation of the efficient functioning of Competition Authorities at the national and regional levels the Parties have committed to cooperate in addressing anticompetitive business practices. Government Procurement CARIFORUM States are required to ensure transparency in the conduct of procurement activities and non-discriminatory treatment of eligible suppliers CARIFORUM is required to comply with rules of transparency. 14 Institutional Provisions (Articles 227-232) The following institutions will be established under the Agreement: A Joint CARIFORUM-EC Council CARIFORUM-EC Trade and Development Committee Special Committee on Customs Cooperation and Trade Facilitation CARIFORUM-EC Parliamentary Committee CARIFORUM-EC Consultative Committee 15 The Way Forward EPA Financing Guaranteed and programmable sources for financing EPA implementation and accompanying measures: the National Indicative Programme (NIP) of CARIFORUM Member States; and th EDF Regional Indicative Programme (RIP) €72.6 Under the 10 million allocated for the Caribbean Aid for Trade resources to be negotiated and mobilized UK Aid for Trade commitments to the CARIFORUM Region and the establishment of a Trust fund of the CDB Review • Comprehensive review of the EPA, no later than Five (5) years after date of signature, and at subsequent five (5) yearly intervals 16 THANK YOU 17