CSME EPA Norman Girvan In Honour of Trevor

CSME & EPA Norman Girvan In Honour of Trevor Farrell October 9, 2008

CSME STATUS UPDATE 2007 No. of action elements % completed A. Legal & Institutional Infrastructure 15 87. 5 B. Single Market 31 64. 7 B 4. Free Movement of Goods 5 91. 7 B 5. Free Movement of Services 4 2 79. 2 B 6. Free Movement of Persons 16 59. 4 B 7 Free Movement of Capital 6 55. 6 B 8. Right of Establishment 2 50. 0 C. Single Economy 37 15. 4 C 9. Common External Policy 3 97. 2 C 10. Harmonisation of Laws 16 1. 0 C 11. Sectoral Programmes & Enabling Environment 6 0. 0 C 12. Common Support Measures 12 8. 3 Total 83 55. 0

Key Incomplete elements of the Single Market & Economy • • Services Investment Agreement Financial Services Agreement Common sectoral policies Government procurement Electronic commerce Free circulation of goods Treatment of goods originating in Free Zones[i].

Part I. Trade Partnership For Sustainable Development Part II. Trade And Trade-Related Matters Title I. Trade In Goods Chapter 1. Customs Duties Chapter 2. Trade Defence Instruments Chapter 3. Non-Tariff Measures Chapter 4. Customs And Trade Facilitation Chapter 5. Agriculture And Fisheries Chapter 6. Technical Barriers To Trade Chapter 7. Sanitary And Phytosanitary Measures Title II. Investment, Trade In Services And E-Commerce Title III. Current Payments And Capital Movement Title IV. Trade Related Issues Chapter 1. Competition Chapter 2. Innovation And Intellectual Property Chapter 3. Public Procurement Chapter 4. Environment Chapter 5. Social Aspects Chapter 6. Protection Of Personal Data Part III. Dispute Avoidance And Settlement Part IV. General Exceptions Part V. Institutional Provisions Part VI. General And Final Provisions Girvan EPA 27/04/08 6

Preamble Chapter One: Principles Chapter Two: Institutional Arrangements Chapter Three: Establishment, Services, Capital and Movement of Community Nationals Chapter Four: Policies For Sectoral Development Part One: Industrial Policy Part Two: Agricultural Policy Part Three: Common Supportive Measures Chapter Five: Trade Policy Part One: Preliminary Part Two: Trade Liberalisation Part Three: Subsidies Part Four: Subsidies to Agriculture Part Five: Dumping Chapter Six: Transport Policy Chapter Seven: Disadvantaged Countries, Regions and Sectors Part One: Preliminary Part Two: Regime for Disadvantaged Countries, Regions and Sectors Part Three: Special regime for Less Developed Countries Chapter Eight; Competition Policies and Consumer Protection Chapter Nine: Disputes Settlement Chapter Ten: General and Final Provisions

A ‘Level Playing Field’? POPULATION GDP (Millions) (PPP) $ Bil. 12165 PER CAPITA GDP (PPP) 24, 811 CARIFORUM 25 138 5, 532 CARICOM 65 4, 220 EU 490 15

Implementation Machinery JOINT CARIFORUM-EC COUNCIL TRADE AND DEVELOPMENT COMMITTEE ON CUSTOMS COOPERATION AND TRADE FACILITATION PARLIAMENTARY COMMITTEE CONSULTATIVE COMMITTEE Prepared by Norman Girvan on the basis of the EPA text. 18/03/08.

Joint CARIFORUM-EC Council Composition Members of the Council of the European Union, members of the European Commission, and representatives of the Governments of the Signatory CARIFORUM States. "CARIFORUM States shall mandate one representative to act on their behalf on all matters. . . for which they have agreed to act collectively" Frequency of Meetings At regular intervals, not exceeding two years, and whenever the need arises Functions and powers 1 Supervise the implementation of the Agreement. 2 Be responsible for the operation and implementation of the Agreement and ensure that the objectives of the Agreement are fulfilled Examine major issues arising within the framework of the Agreement, as well as other issues (bilateral, multilateral or international in nature) that may affect trade between the Parties 4 Examine the Parties’ proposals and recommendations for the review of the Agreement 5 Establish its own rules of procedure 6 Establish the rules of procedure of the CARIFORUM-EC Trade and Development Committee 7 Adopt decisions and recommendations that parties agreed to collectively 8 Provide periodic reports on the operation of the Agreement to the Council of Ministers Shall be advised on any request made by a third State to become a member of the EU and decide on measures relating to the effects of the 9 accession of new EU Member States on the Agreement. May decide to allow the Parties to review the provisions of the Protocol on Rules of Origin with the view to further simplifying the concepts 10 and methods used for determining origin Adopt measures to adjust the provisions of the Agreement where a state has become party to an economic integration agreement and such 11 agreement provides more favourable treatment to the third party than that granted by the Signatory CARIFORUM State to the 3 12 Review the operation of the provision on multilateral safeguards to decide whether to extend their application for a further period 13 Take decisions concerning which procurements should apply to the respective parties and under which conditions they apply. 14 Supply the CARIFORUM-EC Parliamentary Committee with requested information relevant to the implementation of the Agreement 15 Decide on participation in the CARIFORUM-EC Consultative Committee. Take decisions on all matters covered by the Agreement. Decisions taken shall be binding on the Parties and the Signatory CARIFORUM 16 States, and the Parties shall take measures to implement them in accordance with internal rules Make recommendations regarding actions Parties should take concerning the implementation measures to attain the objectives of the 17 Agreement. . 18 Adopt decisions and recommendations on matters which Signatory CARIFORUM States agreed to collectively Girvan EPA Legal 19 Shall be informed of the adoption of any safeguard measures and of a timetable for its removal 10

CARIFORUM-EC Trade and Development Committee Functions and powers Supervise and be responsible for the implementation and application of the Agreement, discuss and recommend cooperation priorities Oversee the further elaboration of the provisions of the Agreement and evaluate the results obtained Undertake action to avoid disputes and to resolve disputes Assist the Joint CARIFORUM-EC Council in the performance of its duties Monitor the development of regional integration, economic and trade relations between the Parties Monitor and assess the impact of the implementation of the Agreement on the sustainable development of the Parties Discuss and undertake actions to facilitate trade, investment and business opportunities between the Parties Discuss any matters pertaining to the Agreement and any issue liable to affect the attainment of its objectives Assist the Joint CARIFORUM-EC Council in the area of development cooperation related matters Monitor the implementation of the cooperation provisions of the Agreement and coordinate such action with third party donors Make recommendations on trade-related cooperation between the Parties Review and discuss cooperation priorities and make recommendations on the inclusion of new priorities Review and discuss cooperation issues pertaining to regional integration and implementation of the Agreement. Set up and oversee any special committees or bodies to deal with matters falling within its competence, and determine their composition, duties and rules of procedure Consider issues under this Agreement and take appropriate action in the exercise of its functions Take decisions or make recommendations in the cases provided for in this Agreement or where such power has been delegated by the Joint CARIFORUM-EC Council. Be notified of the start of phased elimination and the elimination of customs duties on the import of products originating in the EC Party May review the schedule of customs duty reductions and elimination i n the event of serious difficulties in the import of a given product. Facilitate consultations among Parties in cases where there are reports of failure to provide administrative co-operation and/or of irregularities or fraud. Shall be notified of temporary suspension of preferential treatment of a product/s. Facilitate consultations on temporary suspensions of preferential treatment and their termination Provide the forum for Parties to modify the level of customs duties stipulated in Annex 2. Resolve cases where a Party’s import duties have been affected by errors in the management of the preferential system of export, and in the application of the definition of "originating products" Examine cases where a party has informed the Committee that safeguards measures need to be taken Make recommendations to the Parties concerned to remedy the circumstances with regard to safeguard measures. Girvan EPA Legal 11

Caricom Governance Source: “CARICOM, Our Caribbean Community”

IMPLEMENTATION OF THE EPA • 336 identified implementation actions – 90 legislative – 72 institutional – 110 policy – 64 other – Most are to be taken on provisional application of the EPA Outstanding for CSME implementation: 384 (2005)

How did this happen? • Interests of Dominican Republic • Politcal responsibility for EPA and CSME with different Prime Ministers • CRNM not part of Caricom Secretariat • CRNM negotiators in favour of WTO-plus EPA • Decisions driven by short-term expediency: preserve market access

EPA ‘Disaster Mitigation’ Strategy • Insertion Caricom as a Party to the EPA • Defer WTO-plus subjects until settled in the WTO or completed in the CSME • Clarify relationship between EPA and the Revised Treaty of Chaguaramas • Incorporate review and revision mechanism

A Joint Declaration? • Seeks to give precedence of the Revised Treaty of Chaguaramas over the EPA • Implementation will take account of the needw of Caricom LDCs • Review to be undertaken within 5 years and then five-yearly intervals

Signature--a blunder in the making? • No October 31 deadline • ACP initiative for high-level engagement with the EU • Mandelson is on the way out • MFN Clause will cause problems with the US