CSME & EPA

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

5. 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].

6. 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 6 Girvan EPA 27/04/08

7. 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

8. A ‘Level Playing Field’?

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

10. Girvan EPA Legal 10

11. Girvan EPA Legal 11

12. Caricom Governance Source: “CARICOM, Our Caribbean Community”

13. 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)

14. 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

15. 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

16. 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

17. 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