How to box smart TIPS Workshop, Pretoria 4-5 March Dr Mareike Meyn

EPAs - How to box smart? TIPS workshop March The pros and cons  It is true…  the negotiation power is highly asymmetric;  EC has often delayed process and has not been responsive to ACP ideas;  having to give away market access in IEPA might have decreased ACP negotiation power  Interim EPAs are sufficient to guarantee WTO compatibility  but….  taking EPAs out of the ‘headlight’ might help finding compromises;  African countries have supporting groups within the EU (NGOs, private sector, research institutes, Parliamentarian, single member states…)  IEPA countries have committed themselves to continue negotiations

EPAs - How to box smart? TIPS workshop March “There is no substitute during tough negotiations for a good argument and proper preparation.” Wilhelm Smalberger, member of the South African trade negotiation team when negotiating the EU-South Africa free trade agreement

EPAs - How to box smart? TIPS workshop March How to move things forward  Analyse the EPA  What provisions should be improved?  Are some of the provisions more onerous than those of other regions?  Improve the information exchange with other regions  What are their priorities and objectives?  What strategies did/do they apply? Are they suitable for your region?  Learn lessons  What went wrong when negotiating the interim EPAs?  How can former mistakes be avoided?

EPAs - How to box smart? TIPS workshop March How to move things forward  Identify your offensive interests  ACP prime focus in EPAs was defensive (maintaining market access; avoid market opening  Identify also your offensive interests with respect to services and trade related issues; and  With respect to A4T (identify gaps; propose allocation)  Formulate a coherent strategy for 2008  Consult with national and regional stakeholders  Mainstreaming trade into your development strategy  Lobby for your interest by finding allies  Other ACP countries, development departments of EU member states, other WTO members…

EPAs - How to box smart? TIPS workshop March How to box smart  Important to remember that both parties need to present ‘successes’  Some provisions might only be ‘make-up’ but allow the EC to sell the EPA as ‘comprehensive’  Example of public procurement in the CARIFORUM EPA CF submitted a positive list of public entities that shall treat “any eligible supplier of either … Party equally in accordance with the principle of open and effective competition.” ?What is an ‘eligible supplier’? Plus: –several areas are excluded from the provisions –Limited tendering allowed in cases such as ‘extreme urgency’ –Implementation of chapter is linked to technical assistance and subject to a 3 years transition period (5 years for LDCs)

EPAs - How to box smart? TIPS workshop March A regional negotiation machinery  Heads of States of the single African regions did not agree on a negotiation strategy and did not establish a joint negotiation machinery  To establish a regional negotiation machinery is hard work:  harmonisation of national positions  creation of a regional position;  continued information exchange, consultation and dialogue  according adaptation of the regional negotiation position;  However, there are significant advantages:  Best use of resources and sound advice to single countries;  A coordinated strategy is much more powerful  The risk that the region is split-up during negotiations is lower

EPAs - How to box smart? TIPS workshop March Basic rules how to box smart  Analyse the text and the obligations arising from it carefully.  Cooperate closely with countries that successfully negotiated with the EU (such as Mexico, Chile, CARIFORUM).  Develop a coherent national strategy and harmonise it on a regional level.  Consult with your regional partners how a non-acceptable provision could be rephrased to become acceptable.  Identify what you would like to get out of the EPA and link your obligations to  technical and financial assistance  transitional periods during which capacity is built.

EPAs - How to box smart? TIPS workshop March Basic rules how to box smart  Take advantage of the Special and Differential Treatment Provision when negotiating transitional periods  CF achieved longer transitional periods for its ‘lesser developed members’ in case or regional liberalisation; service liberalisation, public procurement, and IPR.  Bundling power when addressing the development component:  All ACP claim for binding commitments to tackle transitional costs (linked to single chapters!)  Finding supporters (EU states, European Parliament, lobby groups…)

How to box smart TIPS Workshop 5-6 March 2008