KEY ISSUES IN AGRICULTURE NEGOTIATIONS MARKET ACCESS DOMESTIC SUPPORT EXPORT COMPETITION Special Products (SPs) Special Safeguard Mechanism (SSM) Tariff Reduction Formula Preferences Sensitive Products Blue Box Green Box Food Aid State Trading Enterpris es (STEs) Descripti on and Analysis of the issue Includes products important for food and livelihood security, and rural development. Developing countries are allowed to selfdesignate any number of products based on these criteria. The G-33 are the main proponents of SPs. SPs alone cannot ensure food security, but it offers an important protection against imports that undermine national productive capacities. Governments have accepted the tool but the main opponents including the U.S., Australia, New Zealand, Argentina, Chile, Uruguay continue to seek strict limits on the products to be included. A mechanism for developing countries to protect domestic agriculture against import surges. The G33 are the main proponents of the mechanism. It offers an important protection against dumped imports. The main opponents are agro-exporting countries including the U.S., Australia, New Zealand, Argentina, Chile, Uruguay. Tariff formulae will determine which tariffs get cut and by how much. The U.S. and some Cairns Group countries are promoting aggressive tariff cuts It is intended to increase access for agricultural exporters to markets all around the world. It benefits a handful of companies who dominate the trade in agriculture. Countries should have the policy space to determine how to structure and support their basic level of national agricultural production, so long as their national policies do not damage other countries’ ability to do likewise. Preference agreements exist between many of the poorest developing countries and some developed countries (particularly the EU and US) enabling the developing country to export products without being subject to tariffs. As developed countries lower their tariffs, the margin of the preference is eroded. This is particularly a problem in relation to the EU and ACP countries. Many Latin American countries argue that their exporters are disadvantaged because of the preferential access given to ACP countries. Developed countries with more defensive agricultural interests, particularly the G-10 and the E.U. have proposed that some number of agricultural tariffs should have lesser cuts. Countries remain far apart on how many tariff lines could be included and the treatment of such products. Subsidies classified under this box are assumed not to affect production levels (although empirical evidence suggests otherwise). The EU is the main user of the green box. Many developing country Members would like to review the criteria to ensure that payments do not have a harmful effect. A review and clarification of the green box is mandated. The box will be amended to ensure that programs of developing countries are effectively covered. WTO Members agreed to establish a “safe-box” for genuine food aid dealing with emergency situations. Governments have agreed to negotiate disciplines to deal with the most harmful food aid practices. The proposal could force some changes to U.S. food aid practices, particularly monetization of food aid (where food aid is sold in the open market), which can disrupt local markets and depress prices for local producers and commercial importers. These is a powerful lobby in the U.S. to resist new disciplines. Government s have said the new agreement will address the future use of monopoly powers related to exporting STEs. The more critical question of disciplines on the marketdistorting behaviour of private monopolies and oligopolies remains off the table despite the exacerbatio n of agricultural dumping by concentrate d market power. Proposals to limit the negative effects of the negotiati ons? No limit for the number of SPs provided they meet criteria No tariff reduction on SPs Any product that receives domestic support or an export subsidy should automatically be eligible for SPs and quantitative import restriction in developing countries SSM should be available for all products Support and strengthen G-33 position on SPs and the SSM Strengthen border measures in developing countries so as to protect small farmers and farm workers Proposals for how to address the issue of preference are still to come. WTO Members have agreed to expand the criteria of the blue box. This was a demand of the U.S., which wanted to include some payments not linked to production limits. Many WTO members are concerned that this will make the blue box more tradedistorting. The U.S. should not be allowed to expand the blue box to accommodate its counter-cyclical payments (countercyclical payments compensate producers of some major commodities when their market price is lower than a target price set but the government). To stop their being included, further criteria are needed to restrict the expansion of the blue box. Reject the expansion of the blue box to include counter-cyclical payments Ensure that any new criteria includes only programs with a production-limiting objective Support developing country proposals to amend the green box to include programs of developing countries Review, clarify and tighten criteria of the green box to stop dumping Encourage a transition to untied, cash-based food aid with strong targeting measures Phase out all sales of food aid Impose strict limits on existing in-kind food aid with a view to protecting resources for emergencies and ensuring a transition to fully untied food aid. Food aid should be purchased locally whenever possible and must prioritize procurement from small-scale farmers. Ensure WTO defers to appropriate bodies and assures that trade rules respect the rules set by these bodies Country Positions SPs SSM U.S. A limited number of products. SPs must still be subject to some cuts so as to provide meaningful market access. Seen as a transitional mechanism only. To provide only transitional protection from import surges. Tariff Reduction Formula Developed countries expected to cut tariffs by 60-90% with steeper cuts to higher tariffs. Cuts not specified for developing countries but expected to make at least 2/3rds of developed country cuts (i.e. 40-60%). Preferences Sensitive Products Blue Box Green Box Food Aid STEs Wants very limited number of sensitive products (1% of tariff lines) and must be subject to expanded tariff rate quotas (TRQs). U.S. expected to include sugar and orange juice as sensitive products. Wants to limit spending to 2.5% of the value of agricultural production. Expand criteria to include payments that are not linked to production limits. Wants to include countercyclical payments that were found illegal in BrazilU.S. cotton dispute. No review or changes to existing criteria but open to negotiations on developing country concerns. Highly defensive. Puts food aid into 3 categories: emergency food aid; food aid to net foodimporting developing countries (NFIDCs) and LDCs; and the rest. Only the last category should be subject to disciplines. [This assumes that NFIDCs and LDCs are too poor to have producers with an interest in their local and national markets. It presumes that displacement of local farmers cannot take place. This absolutely contradicts the empirical evidence.] Wants to eliminate monopoly export rights in developed and developing countries. Bottom Line: The U.S. is defensive on the expansion of the Blue Box and disciplines for food aid. The U.S. exerts severe pressure on developing countries for commitments on market access in agriculture, NAMA and services. EC Developed countries expected to cut tariffs by an average of 46%. Developing countries expected to cut tariffs by an average of 31%. Would like to preserve preferences because it means less tariff cuts for the EU. Want to be able to designate a considerable number of sensitive products (8% of tariff lines). Products expected to include beef, poultry, butter, fruits, vegetables and sugar. No detail. EU wants to keep 5% because it uses the Blue Box. No review or changes to criteria. Bottom Line: The E.C. is defensive on the tariff reduction formula, sensitive products and the Green box. The E.C. is very critical of U.S. food aid programs and exerts severe pressure on developing countries to make commitments on market access in NAMA and services. SPs SSM G-201 (Brazil and India are leaders. Argentina also an active member) Support the G-33. Support the G33. G-332 (Indonesia and Philippines are leaders. India also active member) Want very broad criteria and selfdesignation of SPs so that selection of products is informed by the national policy objectives of each developing country. Propose 20% of tariff lines to be designated as SP. The G-33 also propose that any product that receives amber or blue box subsidies or export subsidies, should automatically be Want the SSM to apply to all products. Want to use a price trigger and a volume trigger (this means that the SSM can be triggered if there is a drop in world prices or if there is an increase in the volume of products imported.) 1 Tariff Reduction Formula Developed countries expected to cut tariffs by an average of 54%. Developing countries expected to cut tariffs by an average of 36%. Some members support the G-20 proposal other members support the ACP proposal. Preferences Sensitive Products Blue Box Green Box Want very limited number of sensitive products (1% of tariff lines) Wants to introduce criteria to restrict the expansion. One criterion they propose is to ensure that blue box programs are less tradedistorting than amber box programs. They also want an explicit obligation to include only programs with a productionlimiting objective. Want to review and clarify green box criteria to tighten the criteria. They are concerned about mounting evidence that decoupled income support payments affect production and therefore trade. The G-20 also made a proposal for language to include support programs used by developing countries. Supports the G20 position Food Aid (21 WTO members) Argentina, Bolivia, Brazil, Chile, China, Cuba, Egypt, Guatemala, India, Indonesia, Mexico, Nigeria, Pakistan, Paraguay, Philippines, South Africa, Thailand, Tanzania, Uruguay, Venezuela, Zimbabwe 2 (42 WTO members) Antigua and Barbuda, Barbados, Belize, Benin, Botswana, China, Congo, Côte d'Ivoire, Cuba, Dominican Republic, Grenada, Guyana, Haiti, Honduras, India, Indonesia, Jamaica, Kenya, Rep. Korea, Mauritius, Madagascar, Mongolia, Mozambique, Nicaragua, Nigeria, Pakistan, Panama, Peru, Philippines, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Senegal, Sri Lanka, Suriname, Tanzania, Trinidad and Tobago, Turkey, Uganda, Venezuela, Zambia, Zimbabwe STEs Africa, Caribbean and Pacific (ACP)3 (Benin is the leader. Mauritius and Kenya are vocal members) G-104 (Switzerland is leader) 3 eligible for SPs in developing countries. SPs SSM Support G-33 Support G-33 Tariff Reduction Formula Developing countries expected to cut tariffs by an average of 24%. Preferences Sensitive Products Most vocal on the issue of preferences. They would like the WTO to develop adequate mechanisms to deal with preference erosion including: longer transition periods for tariff reductions on products receiving preferences; an adjustment mechanism; technical and financial assistance etc… Most vocal countries are Mauritius, Guyana, Jamaica, Barbados and Kenya. Products related to preferences should be designated sensitive products. This is important for addressing the problem of preference erosion. Strong advocates of sensitive products and for limited TRQ increases for such products. Blue Box Green Box Big users of the blue Box; opposed setting spending limits. Strong supporters of the existing green box, but do not consider it sufficient for their domestic support needs. Food Aid (56 WTO members out of a total of 79): Angola, Antigua and Barbuda, Barbados, Belize, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Congo, Cote d'Ivoire, Cuba, Democratic Republic of the Congo, Djibouti, Dominica, Dominican Republic, Fiji, Gabon, The Gambia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Jamaica, Kenya, Lesotho, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Papua New Guinea, Rwanda, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Senegal, Sierra Leone, Solomon Islands, South Africa, Suriname, Swaziland, Tanzania, Togo, Trinidad and Tobago, Uganda, Zambia, Zimbabwe 4 (9 WTO members) Iceland, Israel, Japan, Rep of Korea, Liechtenstein, Mauritius, Norway, Switzerland, Chinese Taipei STEs India, Indonesia, the Philippines (Members of both G-20 and G-33) SPs SSM Would support a lower percentage of tariff lines designated as SP. Strongly support proposal to allow any subsidized products to be automatically designated as SP. Are willing to accept some tariff reductions on SP. Want all products to be eligible for the SSM. Tariff Reduction Formula Officially support the G-20 proposal. Indonesia and Philippines in particular would prefer to apply less tariff cuts, for example the ACP proposal. Preferences Sensitive Products Blue Box Officially support the G-20 proposal of 1% of tariff lines but would be happy with more if it meant a higher percentage of tariff lines for SPs. Green Box Food Aid STEs Strongly support additional criteria for Green Box to accommodate programs used by developing countries. Bottom Line: India, Indonesia and the Philippines are defensive on the tariff reduction formula and strongly support SP and SSM. India, Indonesia and the Philippines are strongly pressured by the U.S. and EC to open markets in NAMA and services. India is offensive in some areas of the services negotiations. Brazil (G-20) Supports G-33 Supports G-33 Supports G-20 proposal and U.S. proposal. Is among the most aggressive of the G-20 members in seeking broadly based tariff reductions for agriculture, with provision for specific developing country needs (SPs, etc.)_ Interested to work towards a solution that suits both the ACP and Latin American countries. Supports 1% of tariff lines. Strongly opposed to expanding criteria, especially since the U.S. is expected to shift counter-cyclical payments from the amber box to the blue box. (These subsidies were found to be illegal in the Brazil-U.S. cotton dispute) Bottom Line: Brazil is offensive on the tariff reduction formula but strongly supports SPs and the SSM. Brazil is defensive on NAMA and services but is strongly pressured by the U.S and EC to open markets in NAMA and services. Kenya No official position but would be best suited to the ACP proposal. Very vocal on preferences in support of the ACP. Kenya is a food aid recipient and is concerned that the U.S. will cut food aid spending (including emergency food aid spending) if the WTO disciplines are too strict. Kenya has an STE that could be targeted. Bottom Line: Kenya is defensive on the tariff reduction formula and strongly supports SP and SSM. Kenya is very vocal on the problem of preference erosion, the potential impact of further disciplines on food aid and exporting STEs. Argentina Wants SPs to be subject to tariff cuts. Opposed to a price trigger. Wants to limit Supports G-20 proposal and U.S. proposal. Disadvantaged by the preference regime and the number of products that benefit from the SSM. opposes further protection. (Uruguay and Chile share the same position.) Bottom Line: Argentina is offensive on the tariff reduction formula. Argentina is defensive on NAMA but is strongly pressured by the U.S and EC to open their markets. Argentina will be hard hit by the NAMA tariff reduction formula since its bound and applied tariffs are very close together. Tropical Products Group5 Advocating liberalization of tropical products. Many of these countries are disadvantaged by the preference regime and oppose further protection of preferences. (most vocal are Honduras, Guatemala, Costa Rica, Ecuador etc…) Bottom Line: The Tropical Products Group is calling for complete liberalization in tropical products. They are disadvantaged by the EU-ACP preference arrangements. 5 Bolivia, Venezuela, Colombia, Costa Rica, Ecuador, El Salvador, Honduras, Guatemala, Nicaragua, Panama, Peru