ECONOMIC PARTNERSHIP AGREEMENTS. Overview of State of Play

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ECONOMIC PARTNERSHIP AGREEMENTS Overview of State of Play Following the expiry of the Cotonou trade regime and the WTO waiver which covered it on 31 December 2007, trade disruption for the ACP was minimised by the comprehensive EPA agreed with the Caribbean region and the series of interim agreements agreed with the African and Pacific countries and regions. The interim agreements are transitory measures to secure the ACP-EU trade regime and allow negotiations towards the comprehensive regional EPA agreements that will replace them to continue. This document gives a factual summary of the state of play as at 30 September 2009.

I. Status of Interim EPAs (September 2009) Signature Status Agreement Comments Signed agreements approved by the EP Cariforum Côte d'ivoire Signed on 15 October 2008 and approved by the EP on 23 March 2009. Signed on 26 November 2008 and approved by the EP on 23 March 2009. Cameroon Signed on 15 January 2009. SADC Signed by the EU and by Botswana, Lesotho and Swaziland on 4 June 2009. Mozambique signed the agreement on 15 June 2009. Namibia has not signed yet. The situation should become clearer after their elections in November. Signed agreements Pacific Signed by the EU and Papua New Guinea on 30 July. Fiji is currently dealing with political problems, including at regional level but might sign soon. Signature authorised by EU Council Signature pending ESA Ghana EAC Signed by the EU and by Madagascar, Mauritius, the Seychelles and Zimbabwe on 29 August 2009. Comoros have required some time to further examine the agreement and Zambia expressed the ambition to consult with LDCs and expects to sign in October. Ghana and European Community signature arrangements pending. (Ghana is said to plan signing in October) Signature authorised by Council in July; timing to be confirmed pending final discussions with EAC

Application The EU has already been applying the improved EPA market access to all ACP countries that initialled an agreement. In the Caribbean both sides are provisionally applying the EPA pending its ratification and the first joint council can be convened. European Parliament The Commission has proposed Council should pass agreements to the EP for assent but the process of signature and ratification of agreements is the responsibility of Council. In March 2009 the EP gave its assent to the Caribbean EPA and the interim EPA with Côte d'ivoire. It also adopted resolutions on all EPAs.

II. State of play of negotiations (September 2009) Region West Africa (WA) 16 countries* Central Africa 8 countries* East African Community (EAC) 5 countries* Eastern and Southern Africa (ESA) 11 countries* South Africa Development Community (SADC) 7 countries* Pacific 15 countries* Prospects Both parties committed in a Ministerial meeting on 17 June 2009 to finalize an inclusive trade and development agreement including trade in goods, development cooperation and certain trade related issues by end October 2009. Success will depend on progress on outstanding issues (MFN clause, regional taxes, non-execution clause, improved market access offer by WA). Services and other rules would be negotiated afterwards starting from January 2010. Slow progress due to CEMAC reorganisation means increasingly difficult to sign before end of 2009. Despite good progress on some areas of the text, difficulties remain on financing of accompanying measures, MFN, regional taxes, non-execution. Parties need to meet to agree on timing for interim agreement signature and timetable to conclude a broad and inclusive trade and development agreement negotiations are likely to continue in early 2010. Internal regional integration process to establish an EAC common market by end of the year is currently fully absorbing the region's attention and capacity. Difficulties on MFN, export taxes and development finance. After the signature of interim agreement with four partners, negotiations to reach a more comprehensive and inclusive agreement, possibly including some variable geometry, will continue with increased momentum. Timetable agreed to conclude by end 2009 may still need revision. Due to the diversity of the region (from Djibouti to Zimbabwe) it is unlikely that all issues will be agreed and ready by then. After the signature of the interim agreement by 4 SADC partners, the region agreed to work towards a broad and inclusive trade and development agreement, which will address all outstanding issues in terms of trade in goods and also include chapters on services and trade-related aspects. Time frame to conclude depends on political agreement (particularly with South Africa, Angola and Namibia on remaining outstanding issues, notably MFN, rules of origin and Services/Investment). Angola has not yet submitted a tariff offer. Conclusion unlikely in 2009 but constructive approach may lead to agreement by mid to end 2010. EU ready to pursue tariff negotiations with South Africa, together with alignment deal to preserve SACU external tariff. An ambitious tariff offer on agriculture was presented to South Africa in July 2008. The EU ready to conclude an ambitious deal but South Africa should reciprocate. The Pacific still needs to define more clearly their interests in a broad a inclusive trade and development agreement and its scope. Negotiation would continue in 2010. * see lists under V. EPA Groups

III. State of play of EPA Implementation (September 2009) Caribbean Region Prospects Parties working towards setting up joint institutions and procedures. First joint council meeting due to be convened.

IV. Countries in EPAs or Interim Agreements (September 2009) Status Countries Non LDC LDC Full EPA CARIFORUM: Antigua and Barbuda, Bahamas, Barbados, 14 Signed Belize, Dominica, Dominican Republic, Grenada, Guyana, Jamaica, St. Lucia, St. Vincent, St. Kitts and Nevis, - Suriname, Trinidad and Tobago Not signed Haiti - 1 Interim Agreements Authorised for Signature by Council Signed Côte d'ivoire, Cameroon, SADC (Botswana, Lesotho and Swaziland, Mozambique), Pacific (Papua New Guinea), ESA (Madagascar, Mauritius, Seychelles, Zimbabwe), EAC 9 7 (Burundi, Kenya, Rwanda, Tanzania, Uganda) Signed by EU Member States Ghana 1 - Not signed Namibia, Fiji, Comoros, Zambia 2 2 - Countries Not in EPAs or Interim Agreements LDCs (EBA duty free access to EU) Total 26 10 Region Countries No. Central Africa Central African Republic, DR Congo (Kinshasa), Chad, Equatorial 5 Guinea, São Tome West Africa Benin, Burkina Faso, Cape Verde, Gambia, Guinea, Guinea Bissau, Liberia, Mali, Mauritania, Niger, Senegal, Sierra Leone, Togo ESA Djibouti, Eritrea, Ethiopia, Malawi, [Somalia,] Sudan 6 Pacific East Timor, Kiribati, Samoa, Solomon Islands, Tuvalu, Vanuatu 6 SADC Angola 1 Non LDCs (standard GSP access to EU) 13 Total 31 Region Countries No. Central Africa Gabon, Congo (Brazzaville) 2 West Africa Nigeria 1 Pacific Cook Islands, Tonga, Marshall Islands, Niue, Micronesia, Palau, Nauru Non LDCs (Free Trade Area with the EU) 7 Total 10 South Africa 1 Total Number of ACP in EPA Negotiations 78

V. EPA Groups CARIFORUM (Caribbean Forum of ACP States) Regional Body: CARICOM for all but Dominican Republic Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, St. Lucia, St. Vincent, St. Kitts and Nevis, Suriname, Trinidad and Tobago Central Africa Regional Body: CEMAC / CEEAC (Communauté Économique et Monétaire de l'afrique Centrale / Communauté Economique Des Etats De L'Afrique Centrale) Cameroon, Gabon, Equatorial Guinea, Congo Brazzaville, Democratic Republic of Congo (DRC), Chad, Central African Republic, São Tomé e Príncipe (iii) West Africa Regional Body: CEDEAO / ECOWAS (Communauté Economique des Etats de l'afrique de l'ouest / of Economic Community West African States) in collaboration with UEMOA (Union Economique et Monétaire Ouest Africaine) Benin, Burkina Faso, Cape Verde, Côte d'ivoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo (iv) The Southern Africa African Development Community (SADC) EPA Group Regional Body: SADC Angola, Botswana, Lesotho, Mozambique, Namibia, South Africa, Swaziland (v) The Eastern and Southern Africa (ESA) EPA Group Regional Body: COMESA (Common Market for Eastern and Southern Africa) Comoros, Djibouti, Eritrea, Ethiopia, Malawi, Mauritius, Madagascar, Seychelles, Sudan, Zambia, Zimbabwe (vi) The East African Community (EAC) Regional Body: East African Community Burundi, Kenya, Rwanda, Tanzania, Uganda. (vi) Pacific Regional Body: Pacific Islands Forum Cook Islands, Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu

VI. Map Morocco Tunisia Western Sahara Algeria Libya Arab Jamahiriy Egypt Mauritania Cape Verde Senegal Gambia Burkina Faso Guinea Bissau Guinea Sierra Leone West Africa Liberia Mali Côte d Ivoire Benin Ghana Togo Chad Nigeria Cameroon Equatorial Guinea S.Tome & Gabon Princ Congo Central Africa Niger Central Africa Angola Namibia R Dem Congo Uganda Rwanda Zambia Botswana Sudan Burundi Tanzania Malawi Somalia Comoros Seychelles Mozambique Zimbabwe Madagascar Swaziland Eritrea Ethiopia Kenya Djibouti ESA EAC Mauritius SADC - EPA Lesotho South Africa ESA