Developments in Andean
Community trade negotiations with third
countries in recent months
January 2002
This document was drawn up to provide
background information about the CAN’s
relations with third countries that will be
examined at the Andean Presidential Summit to
be held in Santa Cruz de la Sierra on January
30, 2002.
1. MERCOSUR
In negotiating
Fixed Tariff Preference Agreements as a step
toward reaching an agreement to establish a
Free Trade Area between the Andean Community
and MERCOSUR, the CAN, after holding 6
meetings with Argentina between October 1999
and May 2000, signed the ACE No. 48 Agreement
with that country, covering 2, 608 subitems
representing roughly 92% of the total exports
of Colombia, Ecuador, Peru and Venezuela to
Argentina.
In the case of
the Agreement signed with Brazil (ACE No. 39),
it is important to point out that two meetings
of the Administrative Committee were held in
2000, at which the Committee’s Regulations
were approved; the trade flows since the
signing of the Agreement were examined and an
increase was identified, stemming from the
agreed preferences; and the Agreement was
expanded to bring in new products or improve
the preferences. In September 2001, the
Parties signed a new Additional Protocol to
the Agreement, once again enlarging upon the
preferences and incorporating new products.
As for the CAN’s
negotiations with Paraguay and Uruguay, during
the first quarter of this year, General
Secretariat officials visited the authorities
of their Foreign Ministries and other
Ministries responsible for trade to discuss
the possibility of negotiating Fixed Tariff
Preference Agreements simultaneously with the
start of the bloc-by-bloc negotiation of the
Free Trade Agreement.
In the case of
Paraguay, a meeting was held in Asuncion on
April 26, 2001, at which that country
reiterated its interest in negotiating a Fixed
Preferences Agreement as soon as possible. The
Andean Community, for its part, expressed its
interest in moving ahead with that negotiation
despite the shortness of the timeframe. The
two parties committed themselves to exchange
lists of products of interest and regulatory
texts prior to the negotiation meeting
initially scheduled for June 13 to 15 in Lima.
The lists in question were finally exchanged
at the end of May, but Paraguay requested the
postponement of the negotiation meeting until
June 26 to 28 and subsequently communicated
its decision not to hold that negotiation
because it considered that the Andean margins
of preference offered failed to meet its
expectations.
No negotiations
were conducted with Uruguay, for that country
reported on April 27 of this year that it was
not interested in negotiating a Fixed Tariff
Preferences Agreement and that it would state
its interests in the course of negotiating the
Free Trade Agreement.
As for the
negotiation of a Free Trade Area between the
Andean Community and the Mercosur, the
Representatives on the Committee, at its
meeting in February 2001, reiterated their
intention of advancing the negotiations within
the timeframes stipulated by the Presidents at
the Brasilia Summit. The first meeting
accordingly took place in Asuncion this April
27 to deal with the scope of the Agreement and
the timetable for the negotiations, with a
view to concluding them during the course of
that year.
At that time,
the Mercosur made a commitment to send the
Andean Community its proposals on regulatory
matters and guidelines for the Liberalization
Program before May 23 and the Andean Community
agreed to remit its counterproposal on June
22. It was also agreed to hold the next
negotiation meeting in Montevideo on July 24
to 27 of that year. It was only on June 12,
2001, however, that the Mercosur transmitted
its proposals on the Text of the Agreement,
the Dispute Settlement System, and the Annex
on Sanitary and Phytosanitary Measures. For
that reason, the Andean Community proposed
holding the meeting on August 22 to 24 in
Montevideo, and this was accepted by the
Mercosur. The Andean counterproposal was sent
to the Mercosur prior to that meeting, on July
18, 2001.
At the Second
Meeting, held in August 2001 in Montevideo,
the parties made a detailed examination of
their respective regulatory proposals and
agreed to continue the process, as well as to
address the issue of the tariff deregulation
lists at their next meeting, planned for
October 17 to 19, 2001, in Lima.
The Third
Negotiation Meeting was held as scheduled.
Aspects of the Liberalization Program were
taken up and the discussions of the rules and
regulations with regard to Safeguards, Origin,
Dispute Settlement and Sanitary and
Phytosanitary measures were continued.
Finally, the
Fourth Negotiation Meeting took place on
November 29 and 30, 2001 in Lima and on that
occasion the Parties discussed the previously
exchanged lists of sensitive products at
length, centering on the treatment to be given
to the products belonging to the historical
heritage.
While the
following meeting had been planed for February
2002, in Buenos Aires, and the two Parties had
accordingly agreed upon a timetable for the
exchange of product lists and trade
information, the Mercosur requested its
postponement to March 5 because the starting
date coincided with the bloc’s Presidential
Summit.
2. United
States
The efforts of
the public and private sectors of the Andean
countries with regard to their main trading
partner were aimed throughout 2001 at securing
the renewal and broadening of the United
States Andean Tariff Preferences Act (ATPA)
and Venezuela’s incorporation –in other words,
at bringing about a substantial expansion in
time, space and sectoral scope, with the full
inclusion of the production chains thus far
excluded from ATPA coverage.
The Heads of
State of the Member Countries met with the
President of the United States during the
Summit of the Americas, in the city of Quebec,
and delivered a joint communiqué from the ATPA
beneficiary countries. In it, they pointed out
the favorable impact that law had exerted on
trade, investment and employment, and the
contributions they had made to the efforts to
control illegal drug trafficking and related
offenses. By reason of the foregoing, they
drew attention to the importance of ensuring
its prompt renewal and expansion and
reiterated their support for Venezuela’s
incorporation.
The Foreign
Trade Ministers, for their part, had made a
visit to Washington, D.C. on May 8 and 9,
2001, during which they met with the United
States Trade Representative, other high-level
executive officials, well-known Senators and
Members of the House, and representatives of
the private sector, to obtain their backing
for the renewal and expansion of that act.
It should be
pointed out here that the dramatic events of
September 11 have, as is to be expected,
triggered a reshuffling of priorities on the
agenda of the United States Administration and
Congress at the levels of both politics and
economics and trade. United States public
opinion quite naturally harbors expectations
that the necessary consensuses will be reached
between republicans and democrats, the House
and the Senate, to vote extraordinary acts
into law for boosting economic activities and
employment in the country.
In that context,
the Congressional debate of the renewal and
broadening of the ATPA was relegated to the "fast
track" procedure for the negotiation of
international trade agreements (TPA), which
occupied a large part of the economic and
commercial agenda for the Congressional
sessions in the final months of last year.
Despite the
efforts of the ATPA beneficiary countries to
the contrary, the trade preferences ceased to
be applied as of December 4, 2001. Even so, it
looks as though a virtual bipartisan consensus
has been reached in regard to the need for and
desirability of harmonizing the two
legislative initiatives (HR 3009 -ATPEA) for
renewing and expanding the ATPA.
3. FTAA
Meetings of the
FTAA Groups and Committees were resumed in May
2001 for the purpose of moving ahead with the
tasks mandated in the Buenos Aires Declaration
signed on April 7, 2001.
That Declaration
establishes the following mandates, among
others: to step up efforts to settle
differences and reach a consensus for
eliminating as many of the brackets in the
draft texts as possible; for the Negotiating
Groups with responsibility for access matters
to put forward recommendations of negotiating
methods and modalities by the deadline date of
April 1, 2002, for evaluation by the TNC so
that negotiations may be started no later than
May 15, 2002; and for the TNC to formulate
recommendations or guidelines on how to treat
differences in levels of development and sizes
of the economies, including among them the
smaller economies, by November 1, 2001, at the
latest.
The Andean
Community is participating jointly and with
single spokesmen in all of the FTAA bodies and
has submitted joint proposals on issues being
negotiated.
Following the
Buenos Aires Ministerial Meeting, Ecuador
assumed the chair of the FTAA and will be
responsible for preparing the Seventh
Ministerial Meeting to be held in October
2002. It will also be in charge of chairing
any TNC Meetings that are held during this
negotiation period and, in general, of leading
the negotiation process.
The TNC, at its
September 2001 meeting in Managua, approved
the Guidelines or Recommendations for the
Treatment of the differences in Levels of
Development and Size of the Economies. The
Committee’s next meeting is scheduled for
April 24 to 26, 2002 and there the Hemisphere
Vice-Ministers will approve the pertinent
definitions so that the negotiation of access
to the markets can be launched by May 15,
2002, at the latest.
4. EUROPEAN
UNION
At their Meeting
of February 24, 2000 in Valamoura, Portugal,
the Foreign Ministers of the Andean Community
and the European Union agreed to have the
General Secretariat and the European
Commission prepare a diagnosis (known as a "photograph")
of the present state of and prospects for the
economic and commercial relations between the
Andean Community and the European Union. The
end purpose of this diagnosis is its use in
the possible negotiation of a Fourth
Generation Association Agreement between the
two regions. The Ministerial Meeting held on
March 28, 2001 in Santiago, Chile laid down
the terms of reference for that study.
The two bodies
have taken steps to coordinate the launching
of the study on February 4, 2002, so that it
can be concluded before the next Summit
between the European Union and Latin America
and the Caribbean, scheduled for May 17 and
18, 2002 in Madrid.
Furthermore,
with regard to the proposal on Andean-Central
American and Panamanian Accumulated
Preferential Origin, the Secretariats of the
Andean Community and SIECA on June 28, 2001
sent the European Commission a joint
communiqué stating their intention to set up
the CAN-CACM Permanent Joint Committee on
Origin as a joint spokesman for the two
Secretariats with the European Commission.
On November 20,
2001, the latter’s Director for Latin America
confirmed the Commission’s acceptance of this
arrangement in principle, subject to the
effective formation of the CAN-CACM Permanent
Joint Committee on Origin, the fulfillment of
the established procedure for formalizing the
written commitment of the eleven member
countries, and a review of current European
legislation on the subject.
In regard to the
Generalized System of Preferences (GSP), the
Council of the European Union on December 10,
2001 approved Regulation 2501 "on the
implementation of a plan of generalized tariff
preferences for the period from January 1,
2002 to December 31, 2004," which covers the
Andean preferences.
The Proposal
considers the possible renewal of the Andean
preferential system for the decade of
2005-2014, if the findings of the evaluation
conducted during the three-year period of
2002-04 are positive and the beneficiary
countries observe the ILO’s principal labor
standards and rules and those of environmental
conservation, among other things.
Lastly, and as
planned, the Sixth Mixed Andean-European
Commission met on December 3, 2001,
coordinated by the Bolivian Embassy in
Brussels with the European Commission.
5. WTO
The World Trade
Organization (WTO) is the most important forum
for international trade negotiations and in it
the rules and standards that govern
international trade are defined. With the
admission of the People’s Republic of China
and Taipei to the Organization last November,
the WTO now groups together 144 countries and
economic territories.
The five Andean
Community countries are members of the WTO and
as such, attended its Fourth Ministerial
Conference on November 9 to 14, 2001 in Doha,
Qatar, after holding a series of coordination
meetings through the various Community bodies
and their missions in Geneva. It was at that
Ministerial Conference that a working program
was adopted which, in practice, involves the
start of the first general round of
multilateral trade negotiations since the
Uruguay Round of the GATT, launched in 1986.
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