EU's New Trade Regime Still A Tough Sell to EAC Bloc


By ADAM IHUCHA--
Most favoured nation and tax on exports clauses have remained hard nuts to crack for the East African and European trading blocs to conclude a trade deal.

The EAC and EU met in January 30, 2014 in Brussels, Belgium for Economic Partnership Agreement (EPAs) talks, but failed to compromise on the MFN and import tax articles.

However, the two blocs agreed on the chapter on institutional arrangements, dispute settlement and final provisions with the exception of the article on the relations with the Cotonou Agreement (non- execution clause).

Consensus was not reached by both parties on Article 15 for duties and taxes on exports and on Article 16 for MFN” the EAC Secretary General, Dr. Richard Sezibera said in a statement.

Ministerial talks, to be preceded by technical and senior officials negotiations, would be held again in March 2014 in the EAC region to work towards the conclusion of the EPA negotiation process.

An MFN clause intends to curtail all the signatories, EAC inclusive, to enter into bilateral talks with other trade partners on areas where the EU does not enjoy preferential terms. 

Analysts say the clause, would require the EAC to extend to the EU the same preferences it grants to third parties under future trade agreements. 

EAC negotiators say the EU has been keen on the clause to shield itself against emerging economies like India and China.

The EAC demands that the MFN clause be removed or modified to limit its application to agreements with other future trading partners.

Duty Free
The EU also pushes EAC Partner States to agree on “duty free and ‘quota free’ import of goods immediately and possibly services in the future from each side.

Article 15 of the EPA states that parties should not institute any new duties or taxes in connection with the exportation of goods to the other party, on goods exported to the other party that are in excess of those imposed on like products destined for internal sale.
This article brings in restrictions on how the EAC member states use export taxes, for example, as trade policy instrument and instruments of revenue collection.
EAC member states feel that this clause needs to be removed from the agreement as export taxes are in accordance with the world Trade Organization (WTO) rules.
EU, however, insists on measures disciplining the use of export taxes in the EPA.

A senior Economics Lecturer at Mzumbe University’s Business School, Dr. Honest Ngowi says the clause implies that this is a reciprocal agreement as opposed to earlier non-reciprocal agreements under the Everything But Arms (EBA) agreement.

The implications of duty free trade agreement is that EU will sale to the EAC partner states its goods and services and the latter would not be allowed to impose import tax.

The direct implication of duty free trade agreement is loss of government revenues that would have been generated from import tax.

“For the countries that depend much on trade taxes like EAC member states, duty free international trade has a lot of direct negative revenue implications” he warned.

“Under quota free agreement, it means that there will be no quantity limitations on what can be traded in this agreement” Dr. Ngowi explained.

Ms Aileen Kwa, from trade for development programme coordinator at South Centre, an international policy institution, says the EU demands that 82 per cent or more of trade in the EPAs agreement be liberalized. 

“This will be a threat to local production and industrial development,” Ms Kwa said in an earlier interview.

Some of the sectors where current production will be at risk are processed oil products, chemical products for agriculture, medicines, vaccines, and antibiotics.

Rules of Origin
In the Brussels talks, EU and EAC underscored the need for technocrats to discuss further on Rules of Origin and Agriculture in a bid to iron out the outstanding issues.

Two elements stand out in EPA negotiations regarding agriculture. These include the opening of the EAC market to EU agricultural products and the question of EU domestic subsidies.

Kenya is the only state to be hurt if EAC fails to sign EPA with EU as it is not among the Least Developed Countries (LDC) like the other four EAC members - Rwanda, Tanzania, Burundi and Uganda - which trade with the EU under Everything But Arms (EBA) arrangement under which all products except arms enjoy tariff free access to the EU market.

Experts say without EPA, Kenya’s exports can be subjected to vindictive taxes under the third country or the Generalized System of Preferences (GSP). 

GSP is a trade arrangement through which the EU provides developing countries and territories with preferential access to the EU market in form of reduced tariffs for their goods when entering the EU market.

For instance, if Kenya does not sign the deal, its flowers will be subjected to an 8.5 percent duty, which will make the flowers less competitive.

Without the EPA, buyers in the EU market may resort to cheaper flowers from other suppliers, which would make Kenya lose in price competition. 

Kenya is the biggest flower exporter to the EU and its foreign exchange earnings have increasingly soared to 293 million Euros in 2012 up from 276 million Euros in 2010. 

In December 2012, the EAC secured a two-year extension from the European Parliament in which to finalize the trade talks, pushing the January 2014 deadline to January 2016.

Uganda, Rwanda, Kenya, Tanzania and Burundi signed an interim trade deal with Europe in 2007 to guarantee continued duty-free and quota-free access to the EU market following the expiry of the non-reciprocal trading arrangement based on a WTO waiver granted in 2001.

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