1. THE CARIFORUM-EC EPA A Critical Evaluation Norman Girvan April 27, 2008 ‘The devil is in the detail’

2. Girvan EPA 27/04/08 2 EPA—democratic governance? The EPA is More than a trade agreement—will impact many aspects of lives of Caribbean peoples More than a trade agreement—will impact many aspects of lives of Caribbean peoples Legally binding, difficult to amend once legally in force and of indefinite duration Legally binding, difficult to amend once legally in force and of indefinite duration Wide in scope, covering several areas of national and regional policy Wide in scope, covering several areas of national and regional policy Limits governments’ ability to change future policies in several areas Limits governments’ ability to change future policies in several areas Little known and understood by the public Little known and understood by the public

3. Girvan EPA 27/04/08 3 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

4. Girvan EPA 27/04/08 4 Annexes, Protocols and Joint Declarations Schedule of Cariforum commitments on liberalization of trade in goods Schedule of Cariforum commitments on liberalization of trade in services Schedule of Cariforum commitments on liberalization of investment (commercial presence) in non-service sectors Protocol I on Definition of "Originating Products" (Rules of Origin) and Methods Of Administrative Cooperation Protocol II on Mutual Administrative Assistance in Customs Matters Protocol III on Cultural Cooperation Joint Declaration on Development Cooperation Joint Declaration on Bananas Joint Declaration on Used Goods Joint Declaration on Rice Joint Declaration on Undelivered Quantities Under the Sugar Protocol

5. Girvan EPA 27/04/08 5 Reading the EPA (Art 233) ‘Party’ or ‘Parties’ refer to ‘Party’ or ‘Parties’ refer to European Community (EC), representing 27 member states of EU orEuropean Community (EC), representing 27 member states of EU or CARIFORUM States “acting collectively”CARIFORUM States “acting collectively” “Signatory CARIFORUM States” refer to individual states that have assumed rights and obligations as separate entities“Signatory CARIFORUM States” refer to individual states that have assumed rights and obligations as separate entities CARICOM as a juridical entity not a Party CARICOM as a juridical entity not a Party Many references to Committees with wide powers (see Implementation Committee slide) Many references to Committees with wide powers (see Implementation Committee slide)Implementation CommitteeImplementation Committee

6. Girvan EPA 27/04/08 6 Assessing the EPA: An Overview Cariforum (CF) gets Market access for goods Market access for goods Market access for services Market access for services Promises of development support Promises of development support Europe (EU) gets Opening of CF markets for goods and services Opening of CF markets for goods and services Binding commitments on CF policies in other areas Binding commitments on CF policies in other areas

7. Girvan EPA 27/04/08 7 What does the EPA offer Cariforum? 1. Market access for goods EPA establishes duty free quota free (DFQF) access to EU markets except for sugar and rice in transition periods EPA establishes duty free quota free (DFQF) access to EU markets except for sugar and rice in transition periods Under the Lome Convention ACP countries have had DFQF access for 97% of their exports since 1975, but their non-traditional exports have shown little dynamism and they have lost market share in the EU Under the Lome Convention ACP countries have had DFQF access for 97% of their exports since 1975, but their non-traditional exports have shown little dynamism and they have lost market share in the EU Major obstacles are Rules of Origin, Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Standards (SPS). Major obstacles are Rules of Origin, Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Standards (SPS). There is no evidence that the EPA has addressed TBT and SPS obstacles satisfactorily through (a) modification/simplification of rules or (b) binding commitments for development support There is no evidence that the EPA has addressed TBT and SPS obstacles satisfactorily through (a) modification/simplification of rules or (b) binding commitments for development support Fuller explanation is needed about additional benefits available under Rules of Origin Fuller explanation is needed about additional benefits available under Rules of Origin Several sugar-based products excluded from regional ‘cumulation’ of value added until 2015, discouraging regional production integration in the sugar-based industries. Several sugar-based products excluded from regional ‘cumulation’ of value added until 2015, discouraging regional production integration in the sugar-based industries.

8. Girvan EPA 27/04/08 8 ‘Market presence’ vs. ‘Market access’ Targeted product-specific and firm-specific assistance to CF firms is needed to establish ‘market presence’ in the EU Targeted product-specific and firm-specific assistance to CF firms is needed to establish ‘market presence’ in the EU Without action on TBT, SPS, ROOs and targeted assistance, how many firms especially SMEs will be able to establish a market presence in Europe and expand exports of goods? Without action on TBT, SPS, ROOs and targeted assistance, how many firms especially SMEs will be able to establish a market presence in Europe and expand exports of goods?

9. Girvan EPA 27/04/08 9 What does the EPA offer CF? 2. Market access for Services EU has liberalized access for ‘Movement of Natural Persons’ (i.e. individuals) from CF employed to ‘Contractual Service Suppliers’ in 29 service sub-sectors and for 11 categories of ‘Independent Professionals’. EU has liberalized access for ‘Movement of Natural Persons’ (i.e. individuals) from CF employed to ‘Contractual Service Suppliers’ in 29 service sub-sectors and for 11 categories of ‘Independent Professionals’. Details of eligibility criteria show that this is highly conditioned and leaves considerable discretionary authority with individual EU states Details of eligibility criteria show that this is highly conditioned and leaves considerable discretionary authority with individual EU states What will service providers have to do in order to meet these criteria? What will service providers have to do in order to meet these criteria? What policy measures will governments have to take to facilitate service providers meeting these criteria? What policy measures will governments have to take to facilitate service providers meeting these criteria?

10. Girvan EPA 27/04/08 10 Services liberalized for Contractual Service Suppliers from the Caribbean (Art 83) 1) Legal advisory services in international public law and foreign law 2) Accounting and bookkeeping 3) Taxation advisory 4) Architectural 5) Urban planning and landscape architecture 6) Engineering 7) Integrated Engineering 8) Medical and dental 9) Veterinary 10) Midwives 11) Services provided by nurses, physiotherapists and paramedical personnel 12) Computer and related 13) Research and development 14) Advertising 15) Market Research and Opinion Polling 16) Management consulting 17) Services related to 16 18) Technical testing and analysis 19) Related scientific and technical consulting 20) Maintenance and repair of equipment, including transportation, 21) Chef de cuisine 22) Fashion model 23) Translation and interpretation 24) Site investigation work 25) Higher education services (privately-funded) 26) Environmental 27) Travel agencies and tour operators' 28) Tourist guides 29) Entertainment services other than audiovisual services

11. Girvan EPA 27/04/08 11 Employees of CSS – conditions of access 1. Must be working with a firm with a service contract in an EU member state not exceeding one year’s duration 2. Must have at least 1 year’s working experience with the supplying firm as well as 3 years’ professional experience 3. With certain exceptions*, must possess a university degree or equivalent qualification and professional qualification required in receiving state. Mutual recognition agreements necessary. 4. Stay limited to cumulative period of six months in any 12- month period or duration of contract, whichever is less 5. Access limited to performance of contract 6. Number limited to what is necessary to fulfill contract as determined by local laws 7. Other ‘discriminatory limitations’ are allowed, including limitations on the number of employees permitted entry as a result of ‘economics needs tests’ in the receiving countries. 8. Other conditions are specified in Annex 4. * Fashion model services, chef de cuisine services, and entertainment services other than audio-visual.

12. Girvan EPA 27/04/08 12 Services liberalized for Independent Professionals (IPs) ( Art 83 ) 1) Legal advisory services in international public law and foreign law 2) Architectural services 3) Urban planning and landscape architecture services 4) Engineering services 5) Integrated Engineering services 6) Computer and related services 7) Research and development services 8) Market Research and Opinion Polling 9) Management consulting services 10) Services related to management consulting 11) Translation and interpretation services

13. Girvan EPA 27/04/08 13 Conditions of access of IPs ( Art 83) 1. Must be engaged in the supply of a service on a temporary basis in the other Party and must have obtained a service contract not exceeding 12 months. 2. At least 6 years professional experience. 3. A University degree or equivalent qualification and professional qualification required by local regulations. Mutual recognition agreements necessary 4. Stay limited to cumulative period of 6 months in any 12 month period or duration of contract, whichever is less. 5. Other ‘discriminatory limitations’ are allowed, including limitations on the number of employees permitted entry as a result of ‘economics needs tests’ in the receiving countries. 6. Other conditions are specified in Annex 4.

14. Girvan EPA 27/04/08 14 Mutual Recognition Agreements Necessary for all individuals providing services (CSS and IPs) Article 85) 1. Caveat: Nothing in EPA shall ‘prevent Parties from requiring necessary qualifications and/or professional experience in territory concerned’ 2. Professional bodies to be encouraged to jointly develop recommendations on MR for Trade and Development Committee (TDC) within three years 3. Priority to accounting, architecture, engineering and tourism. 4. TDC reviews to determine consistency with EPA 5. If approved by TDC, Parties negotiate MRA ‘through their competent authorities’ 6. Agreement must conform with WTO particularly Article VII of the GATS.

15. Girvan EPA 27/04/08 15 What does Cariforum get from the EPA?—(3) Development Support The many references to development cooperation in the EPA are not specific, quantified and time-bound The many references to development cooperation in the EPA are not specific, quantified and time-bound Specific funding commitments for infrastructure and the private sector to increase competitiveness in response to competition from imports and to diversify into exports of new goods and services, including establishing ‘market presence in EU markets, are absent from the EPA. Specific funding commitments for infrastructure and the private sector to increase competitiveness in response to competition from imports and to diversify into exports of new goods and services, including establishing ‘market presence in EU markets, are absent from the EPA. Existing European Commission (EC) funding for the region is made through the European Development Fund (EDF) for the ‘Regional Indicative Programme and for adjustment of traditional export industries such as sugar, bananas and rice Existing European Commission (EC) funding for the region is made through the European Development Fund (EDF) for the ‘Regional Indicative Programme and for adjustment of traditional export industries such as sugar, bananas and rice Hence the EPA relies on reciprocal trade liberalization between highly unequal partners to achieve its development objectives Hence the EPA relies on reciprocal trade liberalization between highly unequal partners to achieve its development objectives

16. Girvan EPA 27/04/08 16 Possible consequences If the net economic effects of import liberalization are negative then this contradicts the stated objective of the EPA to reduce poverty If the net economic effects of import liberalization are negative then this contradicts the stated objective of the EPA to reduce poverty There may be need for (a) a longer transition period and/or (b) compensatory resource transfers to cushion these effects. There may be need for (a) a longer transition period and/or (b) compensatory resource transfers to cushion these effects. Uncertainty over country-specific and product- specific details and therefore over fiscal and economic impacts of the EPA Uncertainty over country-specific and product- specific details and therefore over fiscal and economic impacts of the EPA

17. Girvan EPA 27/04/08 17 Does the EPA support development?’ The Cotonou Partnership Agreement, under which EPAs are negotiated, says that their principal objectives are poverty reduction & sustainable development The Cotonou Partnership Agreement, under which EPAs are negotiated, says that their principal objectives are poverty reduction & sustainable development In order for a reciprocal trade agreement between unequal partners, such as the EU-CF EPA, to contribute to sustainable development of the less developed partners, there must be adequate resource transfers for the development of their economic infrastructure and the supply capabilities of their firms. The EU has recognized this in their own internal arrangements by the provision of ‘Structural Funds’ and ‘Social Cohesion Funds’ for their poorer member states. In order for a reciprocal trade agreement between unequal partners, such as the EU-CF EPA, to contribute to sustainable development of the less developed partners, there must be adequate resource transfers for the development of their economic infrastructure and the supply capabilities of their firms. The EU has recognized this in their own internal arrangements by the provision of ‘Structural Funds’ and ‘Social Cohesion Funds’ for their poorer member states. There are no additional funding commitments provided through the EPA to facilitate adjustment to the liberalization of imports from the EU and to take advantage of export opportunities in goods and services from CF There are no additional funding commitments provided through the EPA to facilitate adjustment to the liberalization of imports from the EU and to take advantage of export opportunities in goods and services from CF Without such additional resources, existing inequalities between unequal partners are likely to be worsened. Without such additional resources, existing inequalities between unequal partners are likely to be worsened.

18. Girvan EPA 27/04/08 18 What does the EU get from the EPA? Summary Phased liberalization of access to CF markets for goods, services and investment Phased liberalization of access to CF markets for goods, services and investment Binding commitments on CF government policies in the areas of ‘National Treatment’ of EU investors and suppliers, Competition, transparency of Public Procurement, Intellectual Property, Customs Administration and Trade Facilitation, Electronic Commerce, Social Aspects and Environmental Standards Binding commitments on CF government policies in the areas of ‘National Treatment’ of EU investors and suppliers, Competition, transparency of Public Procurement, Intellectual Property, Customs Administration and Trade Facilitation, Electronic Commerce, Social Aspects and Environmental Standards Permanent, institutionalized involvement in Cariforum decision-making processes across a wide range of subject areas including regional integration Permanent, institutionalized involvement in Cariforum decision-making processes across a wide range of subject areas including regional integration Establishment of a precedent of a ‘WTO-plus’ FTA to be used in negotiations with other ACP countries, other developing countries and in the WTO Establishment of a precedent of a ‘WTO-plus’ FTA to be used in negotiations with other ACP countries, other developing countries and in the WTO

19. Girvan EPA 27/04/08 19 What does the EU get from the EPA? 1. Market access for EU exports of goods to CF 82.7 percent of imports from the EC into CF market will be made duty-free within 15 years and 87 percent after 25 years. 13% comprising ‘sensitive products’ are permanently excluded. 82.7 percent of imports from the EC into CF market will be made duty-free within 15 years and 87 percent after 25 years. 13% comprising ‘sensitive products’ are permanently excluded. It is argued that this extent and timing of tariff liberalization is necessary for ‘WTO compatibility’ under rules governing regional trade agreements. There are different opinions on this. It is argued that this extent and timing of tariff liberalization is necessary for ‘WTO compatibility’ under rules governing regional trade agreements. There are different opinions on this. The details and timing of import liberalization for each CF country have not yet been officially published. They need to be fully explained to producers. The details and timing of import liberalization for each CF country have not yet been officially published. They need to be fully explained to producers. Need for careful evaluation, country by country, of impact on government revenue, local production and employment in each sector Need for careful evaluation, country by country, of impact on government revenue, local production and employment in each sector

20. Girvan EPA 27/04/08 20 What does the EU get from the EPA? 2. Services: market access for EU firms 75% of CF service sectors in MDCs and 65% in LDCs will be liberalized to EU 75% of CF service sectors in MDCs and 65% in LDCs will be liberalized to EU Each CF country has made market access commitments for service sectors, as set out in Annex 4. Each CF country has made market access commitments for service sectors, as set out in Annex 4. It is necessary to assess the potential impact on the development of CF service industries; e.g. what will happen in banking and to SMEs in the tourist sector? Will local firms be displaced or acquired by larger EU firms? How will investment of EU firms affect national and regional development plans for services industries? It is necessary to assess the potential impact on the development of CF service industries; e.g. what will happen in banking and to SMEs in the tourist sector? Will local firms be displaced or acquired by larger EU firms? How will investment of EU firms affect national and regional development plans for services industries? A Regulatory Framework is specified for computer, courier, telecommunications, financial, international maritime transport and tourist services. How will this affect government’s ability to regulate these sectors in the public interest? A Regulatory Framework is specified for computer, courier, telecommunications, financial, international maritime transport and tourist services. How will this affect government’s ability to regulate these sectors in the public interest?

21. Girvan EPA 27/04/08 21 Possible asymmetries in Movement of Natural Persons 1. Most firms establishing ‘Commercial Presence’ are likely to be EU firms setting up business in CF countries. 2. Such firms will be allowed to bring in in ‘Key Personnel – Managers and Specialists – for up to 3 years and Graduate Trainees for up to 1 year. The qualifications for these categories are stated in general terms with few conditions attached. 3. Most of the CF interest in services is in the ‘Movement of Natural Persons’ into the EU. 4. The required qualifications and experience related to this category are very precisely stated, with many more reservations and conditions applying. 5. Contractual Service Suppliers and Independent Professionals have no right to bring in ‘Graduate Trainees’ 6. Existing immigration, visa, work permit and residency regulations will continue to be in force. 7. Thus on balance, the flow of Natural Persons from the Caribbean to Europe may be much more difficult than in the other direction

22. Girvan EPA 27/04/08 22 ‘WTO-plus’ provisions in the EPA The EPA includes binding commitments on Competition – policy, practice, regulations Competition – policy, practice, regulations Public Procurement - transparency Public Procurement - transparency Investment – treatment of Investment – treatment of Services - beyond WTO commitments Services - beyond WTO commitments Additional Intellectual Property protection Additional Intellectual Property protection E-commerce E-commerce The first three are known as the ‘Singapore Issues’ and were rejected for inclusion in the Doha Round negotiations of the WTO by developing countries, as this would mean additional restrictions on their development policy options and impose onerous implementation obligations

23. Girvan EPA 27/04/08 23 Impact of WTO-plus provisions Pre-empt and proscribe government policies in key areas of development Pre-empt and proscribe government policies in key areas of development Pre-empt CSME regimes in services, investment, competition, public procurement, intellectual property, e-commerce which have not yet been completed Pre-empt CSME regimes in services, investment, competition, public procurement, intellectual property, e-commerce which have not yet been completed Involve changes in laws, regulations and implementations and compliance costs Involve changes in laws, regulations and implementations and compliance costs Compromise the region’s negotiating positions in the WTO and in bilateral trade agreements with Canada, the US and other trading partners Compromise the region’s negotiating positions in the WTO and in bilateral trade agreements with Canada, the US and other trading partners

24. Girvan EPA 27/04/08 24 Why WTO-plus? The EC argues that these provisions enhance the development potential of the EPA The EC argues that these provisions enhance the development potential of the EPA This argument derives from the ideology of neo- liberal globalisation position, which leads to the use of ‘trade’ agreements to ‘lock in’ neo-liberal policies by sovereign states, giving them the force of international treaty law This argument derives from the ideology of neo- liberal globalisation position, which leads to the use of ‘trade’ agreements to ‘lock in’ neo-liberal policies by sovereign states, giving them the force of international treaty law Critics argue that this method of securing policy changes is undemocratic and non-transparent. Critics argue that this method of securing policy changes is undemocratic and non-transparent. Note that securing WTO-plus provisions in bilateral trade agreements (BTAs) is a major objective of the EU’s ‘Global Europe Project’ Note that securing WTO-plus provisions in bilateral trade agreements (BTAs) is a major objective of the EU’s ‘Global Europe Project’

25. Girvan EPA 27/04/08 25 The EC’s ‘Global Europe’ Project (2006) The real EPA Agenda ? EU will pursue bilateral trade agreements with major emerging economies to secure new and profitable markets for EU companies exports and investments and access to energy and others resources. BTAs will aim to include Rules securing European investments Rules securing European investments Stronger Intellectual property rights coverage and enforcement provisions, including geographical indications Stronger Intellectual property rights coverage and enforcement provisions, including geographical indications Reduction of non-tariff barriers to EU exports and investments, e.g. in application of anti-dumping mechanisms, national treatment, competition policy Reduction of non-tariff barriers to EU exports and investments, e.g. in application of anti-dumping mechanisms, national treatment, competition policy Opening up of public procurement markets Opening up of public procurement markets The European Services Forum, a coalition of EU service firms, has also lobbied strongly for the inclusion of services in BTAs The European Services Forum, a coalition of EU service firms, has also lobbied strongly for the inclusion of services in BTAs

26. Girvan EPA 27/04/08 26 Competition in the EPA ‘The EU’s strategy is to achieve international convergence on competition policy on the basis of the European model – rules that would prevent other governments from allowing domestic cartels, monopolies, “unfair” trade practices and would prevent or make it more difficult for governments to give state aid to their domestic firms or provide other support that would protect their firms from international competition’. From ‘Competition Policy in the EPAs’ (see list of sources)

27. Girvan EPA 27/04/08 27 Competition obligation in the EPA Example (1) “The Parties and the Signatory CARIFORUM States shall ensure that within 5 years of the coming into force of this Agreement they have laws in force addressing restrictions on competition within their jurisdiction, and the bodies referred to in Article 125(1)” From Article 127

28. Girvan EPA 27/04/08 28 Competition – example (2) “With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Parties and the Signatory CARIFORUM States shall ensure that, following the date of the entry into force of this Agreement, there is neither enacted nor maintained any measure distorting trade in goods or services between the Parties to an extent contrary to the Parties interest, and that such enterprises shall be subject to the rules of competition in so far as the application of such rules does not obstruct the performance, in law or in fact or the particular tasks assigned to them. “ (Article 129.2, emphasis added)

29. Girvan EPA 27/04/08 29 Competition – Example (3) “The Parties and the Signatory CARIFORUM States shall progressively adjust, without prejudice to their obligations under the WTO Agreement, any State monopolies of a commercial nature or character, so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods and services are sold or purchased exists between nationals of the Member States of the European Communities and those of the CARIFORUM States, unless such discrimination is inherent in the existence of the monopoly in question” (Article 129.4, emphasis added )

30. Girvan EPA 27/04/08 30 Cooperation in Competition The areas prioritised reflect EU interests in promoting ‘international convergence on the basis of the European model’: the efficient functioning of the CARIFORUM Competition Authorities; the efficient functioning of the CARIFORUM Competition Authorities; assistance in drafting guidelines, manuals and, where necessary, legislation; assistance in drafting guidelines, manuals and, where necessary, legislation; the provision of independent experts; and the provision of independent experts; and the provision of training for key personnel involved in the implementation of and enforcement of competition policy”. the provision of training for key personnel involved in the implementation of and enforcement of competition policy”. From Article 130

31. Girvan EPA 27/04/08 31 Innovation and Intellectual Property Chapter 2 Title IV Section 1, which is CARIFORUM’s main interest, largely provides for non-binding commitments and declarations and measures that will be defined during implementation. The difficulty will be to determine the scope and measures that can be considered as adequate implementation of the commitments. Section 1, which is CARIFORUM’s main interest, largely provides for non-binding commitments and declarations and measures that will be defined during implementation. The difficulty will be to determine the scope and measures that can be considered as adequate implementation of the commitments. Section 2, which is the EC’s main interest, mainly establishes binding standards of Intellectual Property protection that must be implemented by the Parties; and that can that can be easily verified and assessed for purposes of ensuring compliance. Section 2, which is the EC’s main interest, mainly establishes binding standards of Intellectual Property protection that must be implemented by the Parties; and that can that can be easily verified and assessed for purposes of ensuring compliance.

32. Girvan EPA 27/04/08 32 Non-binding commitments in support of Innovation – Example (1) Article 134 - Participation in framework programmes “1.The participation of the Parties and the Signatory CARIFORUM States in existing and future framework programmes, specific programmes and other activities of the other Party shall be facilitated and promoted, in so far as it is permitted by each Party's internal rules governing access to the programmes and activities concerned. “1.The participation of the Parties and the Signatory CARIFORUM States in existing and future framework programmes, specific programmes and other activities of the other Party shall be facilitated and promoted, in so far as it is permitted by each Party's internal rules governing access to the programmes and activities concerned. 2.The CARIFORUM-EC Trade and Development Committee may make recommendations in order to facilitate the participation of CARIFORUM institutions and enterprises in the programmes referred to in paragraph 1 and shall periodically review such participation”. 2.The CARIFORUM-EC Trade and Development Committee may make recommendations in order to facilitate the participation of CARIFORUM institutions and enterprises in the programmes referred to in paragraph 1 and shall periodically review such participation”.

33. Girvan EPA 27/04/08 33 Non-binding commitments: Example (2) From Article 135 (2) “…the Parties agree to cooperate, including by facilitating support, in the following areas: (a) promotion of innovation, diversification, modernisation, development and product and process quality in businesses; (b) promotion of creativity and design, particularly in micro, small and medium enterprises, and exchanges between networks of design centres located in the EC Party and the CARIFORUM States; (c) promotion of dialogue and exchanges of experience and information between networks of economic operators; (d) technical assistance, conferences, seminars, exchange visits, prospecting for industrial and technical opportunities, participation in round tables and general and sectoral trade fairs;

34. Girvan EPA 27/04/08 34 Binding commitments for IP protection – Example (1) accession to international agreements Article 143.1 1.The EC Party and the Signatory CARIFORUM States shall comply with: a)The World Intellectual Property Organization (WIPO) Copyright Treaty (Geneva, 1996); and a)The World Intellectual Property Organization (WIPO) Copyright Treaty (Geneva, 1996); and b)The WIPO Performances and Phonograms Treaty (Geneva, 1996). b)The WIPO Performances and Phonograms Treaty (Geneva, 1996). 2.The Signatory CARIFORUM States shall endeavour to accede to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).” 2.The Signatory CARIFORUM States shall endeavour to accede to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).”

35. Girvan EPA 27/04/08 35 Example (2) Trademarks Registration procedure (from Article 144) “The EC Party and the Signatory CARIFORUM States shall provide for a system for the registration of trademarks in which each final decision taken by the relevant trademark administration is reasoned and in writing. The applicant will have the opportunity to contest the refusal to register a trademark and to appeal a final refusal before Court. The EC Party and the Signatory CARIFORUM States shall also introduce the possibility to object to the registration of trademarks after the publication of the applications. The EC Party and the Signatory CARIFORUM States shall provide publicly available electronic databases of trademark applications and trademark registrations”. (Emphasis added)

36. Girvan EPA 27/04/08 36 Example (3) Geographical Indications “The Signatory CARIFORUM States shall establish a system of protection of geographical indications in their respective territories no later than 1 January 2014. The Parties shall cooperate through the CARIFORUM-EC Trade and Development Committee in accordance with the provisions of Article 27(c) towards the development of geographical indications in the territories of the CARIFORUM States. To this end, and within six months from the entry into force of the agreement, the Cariforum States shall submit to the consideration of the CARIFORUM EC Trade and Development Committee a list of prospective Geographical Indications originating in the CARIFORUM states for its discussion and comments”. (From Article 145, emphasis added)

37. Girvan EPA 27/04/08 37 Public Procurement ‘A vast untapped potential’ for EU business Title IV Chapter 3 sets out detailed obligations with respect to transparency of public procurement for contracts of over SDR 130,000 for Supplies & Services and SDR 5 Million for works Title IV Chapter 3 sets out detailed obligations with respect to transparency of public procurement for contracts of over SDR 130,000 for Supplies & Services and SDR 5 Million for works One of the most detailed chapters of the EPA, it contains 8 articles, 72 paragraphs and 58 sub-paragraphs One of the most detailed chapters of the EPA, it contains 8 articles, 72 paragraphs and 58 sub-paragraphs Note: ‘SDR’ = ‘Special Drawing Rights’ the international currency unit of the IMF

38. Girvan EPA 27/04/08 38 The Public Procurement Chapter General Objective General Objective Definitions Definitions Scope Scope Transparency of Government Procurement Transparency of Government Procurement Methods of Procurement Methods of Procurement Selective Tendering Selective Tendering Limited Tendering Limited Tendering Rules of Origin Rules of Origin Technical Specifications Technical Specifications Qualification of Suppliers Qualification of Suppliers Negotiations Negotiations Opening of tenders and award of contracts Opening of tenders and award of contracts Information on contract awards Information on contract awards Time Limits Time Limits Bid challenges Bid challenges Implementation Implementation Review Clause Review Clause Cooperation Cooperation

39. Girvan EPA 27/04/08 39 Article 167 on Public Procurement “The Parties and the Signatory CARIFORUM States shall ensure that the procurement of their procuring entities covered by this Chapter takes place in a transparent manner according to the provisions of this Chapter and the Annexes pertaining thereto, treating any eligible supplier of either the Signatory CARIFORUM States or the EC Party equally in accordance with the principle of open and effective competition.” (Emphasis added) CRNM comment – this does not confer market access rights on the EC, as states retain the right to determine ‘eligible suppliers ’

40. Girvan EPA 27/04/08 40 Example of detailed provisions Article 167.3 – 3-4 “For each procurement covered by this Chapter, procuring entities shall, save as otherwise provided, publish in advance a notice of intended procurement. Each notice shall be accessible during the entire time period established for tendering for the relevant procurement. The information in each notice of intended procurement shall include at least the following: name, address, fax number, electronic address (where available) of the procuring entity and, if different, the address where all documents relating to the procurement may be obtained; name, address, fax number, electronic address (where available) of the procuring entity and, if different, the address where all documents relating to the procurement may be obtained;

41. Girvan EPA 27/04/08 41 Detailed provisions (Con’t) the tendering procedure chosen and the form of the contract; the tendering procedure chosen and the form of the contract; a description of the intended procurement, as well as essential contract requirements to be fulfilled; a description of the intended procurement, as well as essential contract requirements to be fulfilled; any conditions that suppliers must fulfil to participate in the procurement; any conditions that suppliers must fulfil to participate in the procurement; time-limits for submission of tenders and, where applicable, any time limits for the submission of requests for participation in the procurement. time-limits for submission of tenders and, where applicable, any time limits for the submission of requests for participation in the procurement. all criteria to be used for the award of the contract; and all criteria to be used for the award of the contract; and if possible, terms of payment and other terms.” if possible, terms of payment and other terms.”

42. Girvan EPA 27/04/08 42 National Treatment’ in the EPA Prevent policies fostering development of local/regional firms Examples Article 27 1. “Originating imports shall not be subject, either directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic products... “2. Originating imports shall be accorded treatment no less favourable than that accorded to like domestic products in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use... 3 No Party or Signatory CARIFORUM State shall establish or maintain any internal quantitative regulation relating to the mixture, processing or use of products in specified amounts or proportions which requires, directly or indirectly, that any specified amount or proportion of any product which is the subject of the regulation must be supplied from domestic sources.” Exceptions: (i) payment of subsidies to national producers (ii) public procurement (iii) provisions of Art. 23

43. Girvan EPA 27/04/08 43 National Treatment in Investment and Services (Article 68) “In the sectors where market access commitments are inscribed in Annex 4 and subject to any conditions and qualifications set out therein, with respect to all measures affecting commercial presence, the EC Party and the Signatory CARIFORUM States shall grant to commercial presences and investors of each other treatment no less favourable than that they accord to their own like commercial presences and investors’

44. Girvan EPA 27/04/08 44 Summary assessment The EPA gives Cariforum.. Preservation of existing duty-free quota-free access in Europe for 97% of exports of goods, with certain temporary exceptions, and eventual coverage of 100%. The relative advantage of this access will decline over the years due to ongoing liberalization and EU BTAs with other regions Preservation of existing duty-free quota-free access in Europe for 97% of exports of goods, with certain temporary exceptions, and eventual coverage of 100%. The relative advantage of this access will decline over the years due to ongoing liberalization and EU BTAs with other regions Additional market access in services, subject to many conditions. These may take some time to fulfill and will have cost implications. Also, CF countries will be better placed than others to take advantage of this. Additional market access in services, subject to many conditions. These may take some time to fulfill and will have cost implications. Also, CF countries will be better placed than others to take advantage of this. No additional development funding over and above what was provided for under the Cotonou agreement No additional development funding over and above what was provided for under the Cotonou agreement

45. Girvan EPA 27/04/08 45 In return for… Phased liberalization of CF markets to the majority of EU goods over a 15-year period; 10% of imports permanently excluded from liberalization Phased liberalization of CF markets to the majority of EU goods over a 15-year period; 10% of imports permanently excluded from liberalization Liberalization of the majority of services in the CF market for EU firms and service providers Liberalization of the majority of services in the CF market for EU firms and service providers Binding commitments across a wide range of areas including investment, competition, public procurement, intellectual property and e- commerce. Binding commitments across a wide range of areas including investment, competition, public procurement, intellectual property and e- commerce. Elaborate and detailed Dispute Settlement and Implementation machinery Elaborate and detailed Dispute Settlement and Implementation machinery

46. Girvan EPA 27/04/08 46 Meetings of these bodies will be demanding of time, scarce manpower, and reporting and servicing responsibilities and will have a considerable opportunity cost in terms of resource diversion in the small resource-challenged states of CF which cannot now adequately service all their international trade- related and CSME implementation obligations. There will be penalties for failure to adequately service this structure—loss of market access, development cooperation, and trade sanctions JOINT CARIFORUM-EC COUNCIL TRADE AND DEVELOPMENT COMMITTEE COMMITTEE ON CUSTOMS CO-OPERATION AND TRADE FACILITATION CONSULTATIVE COMMITTEE PARLIAMENTARY COMMITTEE Prepared by Norman Girvan on the basis of the EPA text. 18/03/08. Implementation Machinery

47. Girvan EPA 27/04/08 47 Joint EC-Cariforum Council Part V Articles 227-229 Composition: Members of the Council of the EU, members of the EC, and representatives of the CF states. Composition: Members of the Council of the EU, members of the EC, and representatives of the CF states. In matters where CF states agree to act collectively “One representative of the CF states will act on their behalf” In matters where CF states agree to act collectively “One representative of the CF states will act on their behalf” Responsible for operation and implementation of the Agreement and to “ensure that the Objectives are fulfilled” Responsible for operation and implementation of the Agreement and to “ensure that the Objectives are fulfilled” Decisions are by consensus and are binding and Parties “shall take measures to implement them” Decisions are by consensus and are binding and Parties “shall take measures to implement them” Other responsibilities set out in 19 paras. Other responsibilities set out in 19 paras. Read ‘Institutional Machinery of the EPA’ at http://normangirvan.info

48. Girvan EPA 27/04/08 48 Trade and Development Committee Articles 230-231, references in several other Articles Composed of Senior Officials – CF one representative in matters of collective action Composed of Senior Officials – CF one representative in matters of collective action 56 functions and responsibilities set out in Article 230 and other references 56 functions and responsibilities set out in Article 230 and other references Special Committee on Customs Cooperation and Trade Facilitation – 13 functions, powers and responsibilities Special Committee on Customs Cooperation and Trade Facilitation – 13 functions, powers and responsibilities Further details in ’Institutional Machinery of the EPA’

49. Girvan EPA 27/04/08 49 Towards regional disintegration? Parties to the EPA are the EC, CF states ‘acting collectively’ and 15 Signatory CF states. Neither Caricom nor Cariforum is juridically a Party Parties to the EPA are the EC, CF states ‘acting collectively’ and 15 Signatory CF states. Neither Caricom nor Cariforum is juridically a Party Most binding obligations are with ‘Signatory CF states’, implying that they are treated as individual juridical entities for purpose of compliance with these obligations Most binding obligations are with ‘Signatory CF states’, implying that they are treated as individual juridical entities for purpose of compliance with these obligations In implementation, this will tilt bargaining power even more heavily in favour of Europe. In implementation, this will tilt bargaining power even more heavily in favour of Europe. Dominican Republic will be a major player Dominican Republic will be a major player Cariforum states may end up competing with one another in implementation, possible widening of intra-regional inequalities and regional disintegration. Cariforum states may end up competing with one another in implementation, possible widening of intra-regional inequalities and regional disintegration.

50. Girvan EPA 27/04/08 50 Marginalization of CSME? EPA is EU-DR-Caricom ‘Single Market’ for Goods, Services, and Capital and ‘Single Economy’ in Intellectual Property, Competition, Public Procurement, e-commerce, Environment and Social Aspects EPA is EU-DR-Caricom ‘Single Market’ for Goods, Services, and Capital and ‘Single Economy’ in Intellectual Property, Competition, Public Procurement, e-commerce, Environment and Social Aspects The EPA organs of governance may rival those of Caricom e.g., The EPA organs of governance may rival those of Caricom e.g., What will the authority of the Conference of Caricom Heads of Government, or the Caricom Council for Trade and Economic Development (COTED) vis-à-vis that of the Joint EC-CF Council and the Trade and Development Committee?What will the authority of the Conference of Caricom Heads of Government, or the Caricom Council for Trade and Economic Development (COTED) vis-à-vis that of the Joint EC-CF Council and the Trade and Development Committee? The purpose of the CSME was The purpose of the CSME was to create a single economic space to enhance competitiveness and foster the development of regional firms and production networks for successful exporting to world markets; andto create a single economic space to enhance competitiveness and foster the development of regional firms and production networks for successful exporting to world markets; and pool bargaining power.pool bargaining power. Is this path effectively foreclosed by the EPA ? Is this path effectively foreclosed by the EPA ?

51. Girvan EPA 27/04/08 51 Other voices (1) - Report of the Cotonou Monitoring Group on review of the ACP guidelines and the EU negotiating mandates Other voices (1) - Report of the Cotonou Monitoring Group on review of the ACP guidelines and the EU negotiating mandates "Despite its over-riding policy emphasis on poverty eradication and sustainable development, for the EU the ACP-EU negotiations are primarily about one thing, namely achieving the progressive and reciprocal liberalisation of trade in goods and services…not taking into account the level of development of the ACP countries and the economic, social and environmental constraints they are facing." "Despite its over-riding policy emphasis on poverty eradication and sustainable development, for the EU the ACP-EU negotiations are primarily about one thing, namely achieving the progressive and reciprocal liberalisation of trade in goods and services…not taking into account the level of development of the ACP countries and the economic, social and environmental constraints they are facing." The emphasis is very much on "removing progressively barriers to trade." This is the overwhelming focus of the EU negotiating directives. The emphasis is very much on "removing progressively barriers to trade." This is the overwhelming focus of the EU negotiating directives. Clive Thomas, Design and Architecture of the EPA, Stabroek News 24/02/08

52. Girvan EPA 27/04/08 52 (2) Report of the Select Committee on International Development of the UK Parliament on progress of the EPAs (2004-2005 ) Condemned the negotiations for being non- transparent and conducted away from effective public scrutiny Condemned the negotiations for being non- transparent and conducted away from effective public scrutiny “Without special and differential treatment, the agreements will not be fair." " “Without special and differential treatment, the agreements will not be fair." " Advised of potential conflict with ACP regional integration efforts. Advised of potential conflict with ACP regional integration efforts. ‘Appalled at the cynical, manipulative way the EU was handling the negotiations, comparing it to a game of poker, where the winner-takes-all. It also stressed the unequal power relation. ‘Appalled at the cynical, manipulative way the EU was handling the negotiations, comparing it to a game of poker, where the winner-takes-all. It also stressed the unequal power relation. Clive Thomas, ‘Design and Architecture’…Stabroek News 24/02/08’

53. Girvan EPA 27/04/08 53 (3) Declaration by ACP Ministers, 13th December 2007, “The European Union’s mercantilist interests have taken precedence over the ACP’s developmental and regional integration interests”

54. Girvan EPA 27/04/08 54 How did we get to this? Critical points in the EPA negotiations (1) 2000-2004 2000 – Cotonou Partnership Agreement sets out EPA objectives, architecture & time-table for ACP 2000 – Cotonou Partnership Agreement sets out EPA objectives, architecture & time-table for ACP 2000 – EU gives duty free quota free access to its market to all Least Developed Countries including non-ACP 2000 – EU gives duty free quota free access to its market to all Least Developed Countries including non-ACP 2001 – Doha WTO meeting agrees to waiver for EU-ACP non-reciprocal trade preferences to 12/2007 2001 – Doha WTO meeting agrees to waiver for EU-ACP non-reciprocal trade preferences to 12/2007 2003 - Phase 1 negotiations with all ACP concluded without binding agreement on Phase 2 2003 - Phase 1 negotiations with all ACP concluded without binding agreement on Phase 2 2003 – Cancun WTO Ministerial ends with rejection of ‘Singapore Issues’ from scope of Doha Round. 2003 – Cancun WTO Ministerial ends with rejection of ‘Singapore Issues’ from scope of Doha Round. 2004 – Phase 2 negotiations begin with 6 separate ACP groups; Cariforum negotiations within a ‘WTO-plus’ framework that includes some of the Singapore Issues 2004 – Phase 2 negotiations begin with 6 separate ACP groups; Cariforum negotiations within a ‘WTO-plus’ framework that includes some of the Singapore Issues

55. Girvan EPA 27/04/08 55 The second phase: 2004--2007 2004: EC determines that GSP tariffs are the only alternative for countries that don’t wish to sign EPAs. Bargaining power shifts decisively towards the EC. 2004: EC determines that GSP tariffs are the only alternative for countries that don’t wish to sign EPAs. Bargaining power shifts decisively towards the EC. 2005-2007 Doha Round at WTO deadlocked; EC adopts its ‘Global Europe’ project focusing on bilateral agreements that are WTO-plus. 2005-2007 Doha Round at WTO deadlocked; EC adopts its ‘Global Europe’ project focusing on bilateral agreements that are WTO-plus. 2006-2007 CF negotiations proceed on a WTO- plus agreement; the main stumbling block is scope and speed of import liberalization 2006-2007 CF negotiations proceed on a WTO- plus agreement; the main stumbling block is scope and speed of import liberalization End 2007 – EC pressures several African and Pacific countries to sign ‘Interim EPAs’ using threat of imposition of GSP tariffs; End 2007 – EC pressures several African and Pacific countries to sign ‘Interim EPAs’ using threat of imposition of GSP tariffs; CF makes last-minute concessions in market access and initials WTO-plus agreement CF makes last-minute concessions in market access and initials WTO-plus agreement

56. Girvan EPA 27/04/08 56 So what happens now? Option 1: Review, Revise & Re-negotiate Option 1: Review, Revise & Re-negotiate Option 2: Sign now, make the best of it, and try to change it later if necessary Option 2: Sign now, make the best of it, and try to change it later if necessary

57. Girvan EPA 27/04/08 57 How much scope is there for revision of the EPA after it is signed, ratified and brought into force ? How much scope is there for revision of the EPA after it is signed, ratified and brought into force ? Revision Clause Article 246 (1).“The Parties agree to consider extending this Agreement with the aim of broadening and supplementing its scope in accordance with their respective legislation, by amending it or concluding agreements on specific sectors or activities in the light of the experience gained during its implementation. The Parties may also consider revising this Agreement to bring Overseas Countries and Territories associated with the European Community within the scope of this Agreement.” (Emphasis added)

58. Girvan EPA 27/04/08 58 Revision Clause (continued) Article 246 (2) and (3) 2. “As regards the implementation of this Agreement, either Party may make suggestions oriented towards adjusting trade related cooperation, taking into account the experience acquired during the implementation thereof. 3.The Parties agree that this Agreement may need to be reviewed in the light of the expiration of the Cotonou Agreement.” (i.e. in 2020. Emphasis added)

59. Girvan EPA 27/04/08 59 Conclusion The possibility for revising the Agreement is limited to (i)extending the scope of commitments (e.g. in services, public procurement, investment) (ii)including the Overseas Countries and Territories, (iii)varying of specific measures by the implementation committees, within the limits set by the terms of the Agreement itself

60. Girvan EPA 27/04/08 60 Can the EPA be renegotiated? Proposal from Havelock Brewster, Norman Girvan & Vaughan Lewis EPA has been initialed, but not yet signed, provisionally applied and brought into force EPA has been initialed, but not yet signed, provisionally applied and brought into force Any challenge in the WTO to the continuation of non-reciprocal market access for CF exports to Europe before the EPA is finalised and approved by the WTO, will take time to be mounted and adjudicated Any challenge in the WTO to the continuation of non-reciprocal market access for CF exports to Europe before the EPA is finalised and approved by the WTO, will take time to be mounted and adjudicated Brazil has objected to the EPAs, as initialed, on the grounds that the Most Favoured Nation clause is inconsistent with the GATT rules on Special and Differential Treatment and will discourage South-South Trading agreements Brazil has objected to the EPAs, as initialed, on the grounds that the Most Favoured Nation clause is inconsistent with the GATT rules on Special and Differential Treatment and will discourage South-South Trading agreements These developments open a possible ‘window of opportunity’ to re-open, review and re- negotiate what has been initialed These developments open a possible ‘window of opportunity’ to re-open, review and re- negotiate what has been initialed

61. Girvan EPA 27/04/08 61 A possible course of action? 1. Signal to EC that the initialed EPA cannot be signed and provisionally applied due to insufficient consultation and evaluation 1. Commit to concluding a WTO-compatible, but not a WTO- plus, EPA by end 2008 2. Defer negotiation of WTO-plus subjects until agreement reached at WTO or CSME regimes completed 3. Seek to renegotiate market access commitments in light of impact on employment, incomes and fiscal revenue; more detailed analysis by country; propose targeted infrastructure and firm level support for the development of supply and marketing capabilities. 4. Mobilise political and diplomatic from national and regional stakeholders, the DR, other ACP around a common position, EU NGOs and other stakeholders, and the Caribbean Diaspora. ‘Renegotiate the EPA’ is at http://normangirvan.info

62. Girvan EPA 27/04/08 62 There are risks in either course Changing course is risky—threat of GSP treatment and loss of credibility Changing course is risky—threat of GSP treatment and loss of credibility But there maybe limited scope for revision of the EPA once it is brought into force But there maybe limited scope for revision of the EPA once it is brought into force Is the present course coherent? Is the present course coherent? CF Member states to review the EPA—what if they find they need to change it?CF Member states to review the EPA—what if they find they need to change it? If ‘implement and then revise” is the decision— will this be possible?If ‘implement and then revise” is the decision— will this be possible? If ‘make the best of it’ is the approach, won’t some benefit more than others, leading to possible intra-regional competition and fragmentation?If ‘make the best of it’ is the approach, won’t some benefit more than others, leading to possible intra-regional competition and fragmentation?

63. Girvan EPA 27/04/08 63 Decision of Caricom Heads 7-8 March 2008 Heads ‘noted that a number of Member States were still examining the text of the EPA which in some cases would require the tabling of this Agreement in national parliaments’. Heads ‘noted that a number of Member States were still examining the text of the EPA which in some cases would require the tabling of this Agreement in national parliaments’. ‘They committed themselves to take the necessary steps to complete these internal consultations in a timely manner to facilitate signature and provisional applications of the agreement by 30 June.’ ‘They committed themselves to take the necessary steps to complete these internal consultations in a timely manner to facilitate signature and provisional applications of the agreement by 30 June.’

64. Girvan EPA 27/04/08 64 Report – ‘EPA signing delayed – Golding’ "For a number of reasons including the time that needs to be allowed for individual member states to carefully examine the text of the agreement, (and) recognizing that there have been two changes of government since the start of this year, it was felt that it was necessary for new governments to advise themselves properly before committing to the agreement," said Mr. Golding at the 19th Inter-sessional CARCOM heads of Government meeting in the Bahamas. http://www.radiojamaica.com/content/view/6209/2 6/ (9 March 2008)

65. Girvan EPA 27/04/08 65 Outcomes of a Commonwealth-ACP High Level Technical Meeting Cape Town, S.A. April 8-9, 2008 - Ministers, senior officials, NGOs, resource persons To ensure that EPAs are pro-development EC and ACP should review and renegotiate contentious issues. There is still legal space to do so ACP unity needs to be maintained/restored ACP should engage with other stakeholders in Europe http://www.normangirvan.info/cape-town-outcomes-an-evaluation- meeting-on-the-initialed-epas/ Go to http://www.normangirvan.info/cape-town-outcomes-an-evaluation- meeting-on-the-initialed-epas/

66. Girvan EPA 27/04/08 66 Prime Minister Thompson of Barbados on CSME and EPA Speech to TTMA 15/04/08 ‘Powerful case’ built against the signing of the EPA ‘Powerful case’ built against the signing of the EPA ‘We must recommit ourselves as a region to the full implementation of the Single Market and Economy while negotiating in WTO and bilaterally’ ‘We must recommit ourselves as a region to the full implementation of the Single Market and Economy while negotiating in WTO and bilaterally’ ‘There is still room for negotiation on the EPA, within the 3-year moratorium before formal ratification of the Agreement’. ‘There is still room for negotiation on the EPA, within the 3-year moratorium before formal ratification of the Agreement’. The EPA ‘constitutes an imperfect basis from which to move forward into the brave and unknown world of the 21st century’. The EPA ‘constitutes an imperfect basis from which to move forward into the brave and unknown world of the 21st century’.

67. Girvan EPA 27/04/08 67 Information on the EPA Available at http://normangirvan.info : http://normangirvan.info Official Main Text of the EPA and the schedules of market access commitments in goods and services, as initialed on 16/12/07 Official Main Text of the EPA and the schedules of market access commitments in goods and services, as initialed on 16/12/07 Analytical notes on the EPA including Analytical notes on the EPA including Institutional MachineryInstitutional Machinery Most Favoured Nation’ clauseMost Favoured Nation’ clause Innovation and Intellectual PropertyInnovation and Intellectual Property Competition PolicyCompetition Policy Links to Commentaries, Technical Studies and News Items, the Statement and comments by a Group of Concerned Caribbean Citizens Links to Commentaries, Technical Studies and News Items, the Statement and comments by a Group of Concerned Caribbean Citizens On the negotiation process since 2000 see articles by Clive Thomas and by Havelock Brewster On the negotiation process since 2000 see articles by Clive Thomas and by Havelock Brewster Visit the CRNM website at www.crnm.org for official information and explanations of the EPA. Visit the CRNM website at www.crnm.org for official information and explanations of the EPA.www.crnm.org