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REPA Booklet - Stop Epa

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6<br />

Clearing a Path for Free Trade<br />

What did the European Union want to put in place of the Lomé trade preferences?<br />

The Green Paper said the way to strengthen the participation of ACP countries in the global economy was to<br />

embrace two-way (reciprocal) free trade. Opening their markets and allowing unrestricted foreign investment<br />

offered the ACP greater opportunities for growth than continuing to rely on non-reciprocal tariff preferences.<br />

So ACP countries would be better off by giving Europe’s exporters access to their markets?<br />

This is the standard argument used to support free trade. Competition from European products would force ACP<br />

economies to restructure, become more efficient and focus on their ‘comparative advantage’, so they could then<br />

compete in the global economy. Many products would become cheaper for consumers and producers who<br />

relied on imported inputs. The value of Lomé preferences was eroding anyway, because the European Union<br />

was giving preferences to non-APEC countries through other trade agreements. The Green Paper also<br />

claimed that trade preferences had failed to deliver meaningful gains to ACP countries, at least in recent years.<br />

Is it true that Lomé’s trade preferences were ineffective?<br />

No. Where the margin of preference over the tariffs that were imposed on imports from other countries was large<br />

enough, ACP countries had established or maintained a place in the market. The problem arose when the<br />

European Union began lowering its tariffs to other countries and reduced the value of the preferences. The<br />

preferences for canned tuna into the European Union (and garments into Australia and New Zealand under<br />

SPARTECA) have been especially effective for the Pacific Islands.<br />

“It is immoral for the<br />

EU to misuse its<br />

economic strength to<br />

dictate clearly<br />

unfavourable terms<br />

to the ACP.”<br />

(International<br />

Development<br />

Committee, British<br />

House of Commons,<br />

1998)<br />

Wasn’t there also a WTO ruling against the Lomé preferences?<br />

That wasn’t the Green Paper’s main argument for change back in 1996, but it has become critically important<br />

since then. The issue was whether the Lomé preferences to ACP banana producers were in breach of the<br />

General Agreement on Tariffs and Trade (GATT). The European Commission had been able to block any such<br />

findings under the old GATT dispute system, which gave it a power of veto. That veto was removed when the<br />

WTO was created in 1995. When it lost a challenge to the banana preferences under the WTO, the Commission<br />

said the whole Lomé regime had to go and be replaced by a new ‘WTO-compatible’ regime. It asked the WTO<br />

for a temporary ‘waiver’ for the Lomé arrangements until December 2007 - the deadline the European Commission<br />

insisted on during the negotiations for Cotonou.<br />

What alternatives to Lomé did the Commission put forward in the Green Paper?<br />

There were 4 options, all of which had to be made ‘WTO-compatible’. The Commission clearly favoured<br />

number 4:<br />

1. The status quo – to retain the current one-way preferences for the longer term. That would require<br />

the European Commission to seek a further waiver from the WTO, if it had the political will to do so, and<br />

other WTO Members would demand concessions from the European Union in return.<br />

2. General System of Preferences – this is a WTO-approved system that allows a ‘developed’ country<br />

(the EU) to grant preferences to ‘developing’ countries (ACP and non-ACP) on a non-discriminatory<br />

basis. The kind and extent of preferences it gives under GSP is discretionary and can be withdrawn<br />

unilaterally.<br />

3. Uniform reciprocity – all ACP countries would give the EU the same treatment as the EU gives them.<br />

There would be no preferences and no special treatment for the poorest Least Developed Countries<br />

(LDCs), who are a majority in the ACP. This option would comply fully with the WTO rules and not need<br />

approval.<br />

4. Differentiated reciprocity - different regional groupings within the ACP could strike their own deals<br />

with the European Union, reflecting varying degrees of special and differential treatment for ‘developing’<br />

countries and LDCs. This would allow the European Commission to pick and choose which groups of<br />

countries it would negotiate with, on what terms and provide lots of scope to divide and rule. It would<br />

be possible for Least Developed Countries to opt out and rely on another arrangement, known as<br />

Everything But Arms, that allows tariff free entry to the European Union for most goods without requiring<br />

reciprocity. However, special treatment for any new grouping, such as small vulnerable island<br />

economies, would need WTO approval.<br />

A People’s Guide To The Pacific’s Economic Partnership Agreement 19

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