SPEECH/03/302 Pascal Lamy EU Trade Commissioner EU’s enlargement will contribute to the deepening of EU-China relations EU Chamber of Commerce in China Beijing, China, 13 June 2003 Ladies and Gentlemen, Well, it is great to be back. It feels like a lot more than eight months since I was here, to be honest. You and indeed China have had a tough, tough time. Coverage of the SARS epidemic in the foreign press set aside, it is of course now vital to ensure that there is no lasting effect on China's economy and business interests. Perhaps the most amazing thing is how completely the Chinese economy has rebounded, with growth levels touching if anything new heights in the first quarter of this year, even if we should expect some effect on growth overall in 2003. But in a way it is much less than eight months, because I had the pleasure to receive a visit from President Behrens and representatives of the Working Groups in Brussels only last March. This level of frequency in our meetings demonstrates, if there was ever a need to, just how effective, indeed essential, the EUCCC has become. In just a few short years, you have gone from excited launch to established institution: you are of course now our main business interlocutor on Chinese trade relations. So SARS or no SARS, I at very least owed you a return visit. This rather rapid visit to China was meant to be my main trip of the year, built around the annual festivities of the Joint Committee. Unfortunately this has been postponed due to the SARS outbreak, but I am delighted to able to meet the new Chinese Government for the first time, in particular Premier Wen Jiabao. I was deeply impressed by his rather steely determination to continue pressing on with China’s reforms, and with integrating the Chinese economy globally. But it is also a very strong signal that the European Union remains every bit as important a partner for the new Chinese government as under the previous one. For my own part, I stressed that our bilateral relations are essential at a difficult time for China due to SARS and I personally passed to him Romano Prodi's warm greetings and expressions of deepest solidarity. But China cannot rely just on warm words, but also needs hard cash. So I am very pleased that the EU has rapidly mobilised around 10 million € on SARS related cooperation and related research and development. I was also able to update Premier Wen on the EU’s forthcoming enlargement and reassured him that the incorporation of 10 new countries, long-time friends of China, will help to deepen EU-China relations and improve our bilateral trade. It is of course true that we all have to work hard to persuade China that this is an extremely positive development for her. I was also pleased to renew my acquaintance with Minister Li from AQSIQ, the General Administration of Quality Supervision, Inspection and Quarantine. We have agreed with Minister Li to strengthen our contacts in the future to resolve the many remaining technical issues which we have in the areas of responsibility of AQSIQ. But, more importantly, I was particularly pleased to learn the good news from him that China is now lifting the ban on Dutch imports, a long standing problem. Obviously a definitive lifting of the ban can only take place based on the results of technical inspections – these are scheduled for the end of June. But this clearly shows that common work and sustained efforts are essential to tackle trade issues – and that they can bring results. 2 Finally, I will have the chance to meet tomorrow with Mr. Lu Fuyuan, the new Minister of Commerce, who I am delighted to welcome onto the travelling circus of WTO trade ministers, as we tread a rather weary, but still optimistic, path to the next WTO Ministerial meeting in Cancun and the end of the WTO Round. We will review together the overall state of Sino-EU trade relations and prepare for the busy autumn ahead, featuring Cancun, and the WTO Trade review of Chinese commitments in Geneva, not to mention the next EU-China Summit in Beijing. So let me share with you my views on the overall state of our bilateral relationship with China. I will touch on three dimensions of our trade relations: implementation, negotiation and cooperation. One and a half years after China’s entry into the WTO, where do we stand? When I was here in October I said that our overall assessment on China’s implementation of her commitments was a positive one. I maintain that assessment, although we also need to keep our eyes open and react when necessary. It was a vast and sprawling negotiation, and we should not be surprised that it is a vast work to monitor and track Chinese implementation. On this subject in particular, I want to hear your views, the views of the European business community. The first year was largely devoted to successfully putting into place the vast amount of new legislation required for implementing the Chinese commitments. In some instances we have seen some difficulties, related to delays, lack of clarity or apparent discrepancies with the WTO agreement. One or two examples we have unearthed which are grounds for concern. For instance, there is a one and a half years delay in passing the legislation to allow car companies to offer purchases on credit to Chinese consumers. Likewise, the newly-published rules on mergers and acquisitions introduce a rather vague mechanism controlling the purchase of local companies by foreign ones: the criteria are anything but clear. Also, China is allowing foreign companies to engage in import/export throughout China but the new regulation includes some requirements that did not figure in the Protocol of accession. Something similar occurs in the telecom sector. We need to clarify all this. But my overall view remains positive. We are not in Brussels overwhelmed with complaints and concerns about Chinese failure to implement its legislative commitments. These instances above are generally the exception to the rule: China has delivered legislation that is mostly rather in line with what we expected. Probably the area where this is most visible is on tariffs. As planned, duties are being reduced year after year, and this has led to what is currently the most tangible economic benefit in terms of market access. Nevertheless, the picture is a bit more mixed when we look at it from the ground. Implementation in practice is not easy, and no WTO Member can claim to have an entirely clean record in this respect. In my view, we need to focus on the following elements to reduce the gap between law and practice: 3 Industry and consumers should be governed by law. The wide discretion that is still in the hands of the public authorities should be reduced, as far as possible, to the international standards in modern economies. All too often, unclear legislation is combined with excessive discretion. For instance, the current management of Chinese import quotas has led to the appearance of a parallel market for licenses, particularly for fertilisers and automobiles. Full transparency is also necessary when regulators consult industry on draft legislation, to avoid the risk that only some companies getting the chance to provide comments. Great if you are picked out: not so good if you are left out in the cold. There is still a tendency to sometimes favour local companies over foreign ones. In this respect, the establishment of a one-stop Ministry of Commerce, dealing with both domestic and external trade, is to be welcomed since this will hopefully lower the risk of discrimination. But problems will remain in some areas such as in financial services, where capital requirements reinforce the dominant position of Chinese State-owned banks and insurers against foreign players. Although China considers them as prudential requirements, we view them as excessive. For instance, banks in China need 72 million € to enjoy the same scope of business than we grant in the EU with just 5 million €. There is no inherent reason why this should be so. And it has an immediate effect on market access. The wide discretion granted to the administration sometimes leads to inconsistencies between different provinces and municipalities when they apply the law. This adds to the level of uncertainty. A clear example is in the implementation of standards by different customs offices or the protection of intellectual property rights. So, looking at implementation on the ground, it is certainly easier to spot difficulties in the texts of legislation than in their practical implementation. It is in the latter instances that the role of business is even more important. The Working groups of the Chamber are now busy preparing the updates of their Position Papers. I cannot stress strongly enough how important it is to continue ensuring good quality Papers. As you know, they have become a key and rather prominent tool for the Commission when assessing the implementation of Chinese commitments. So I am delighted to see that the Chamber is growing in this respect, and is becoming even more professional, partly thanks to the decisive support of some corporate sponsors. The incorporation of business managers to help the Working Groups, which make up the core of the Chamber, will certainly help to increase awareness of the objectives of EU business in China. And of course, the Delegation of the European Commission will continue to work hand in glove with the Chamber. To conclude on this point, let me remind you that from October to December the WTO will conduct its second annual Trade Review on the implementation of Chinese commitments. The first time took place during a year of transition. This second one should show progress and prepare the ground for the third year, when essential Chinese commitments will enter into force, such as on distribution or trading rights. Our approach is to be firm but fair in this: it is not right to use this mechanism to hound the Chinese unfairly in Geneva. But we can and should use it to raise clearly identified problems. 4 Finally, let me turn to Geneva and the WTO Doha Development Agenda. I know that current WTO negotiations in Geneva may seem far away for you - but as good businessmen, you should always keep an eye on the long distance weather forecasts. As with Chinese accession, long term weather forecasts become today's weather sooner than we sometimes expect. Let me also tell you briefly where we stand on this. Concluding the round by the end of 2004 remains our priority. For this the next Ministerial Conference in September in Cancun must be a success. For Cancun, the key areas where agreements are needed are: - On agriculture, industrial market access, investment, competition, trade facilitation and government procurement, we need to decide on the negotiating modalities. - We also need to put together a package of results with real value added for developing countries and making further progress after Cancun. - On Geographical Indications, Trade and environment and Dispute Settlement, Cancun should start delivering results, albeit sometimes in rather moderate ways, and point towards the final outcome. To attain what remains a rather high level of ambition, the EU will need to continue to force the pace, and we hope others, including China, will join us in the vanguard. Doha, of course, was the conclusion of China’s accession negotiations and the start of a new round of trade negotiations. As a large and influential WTO Member, China also carries responsibility for making this round a success in order to bolster economic growth and strengthen multilateralism. More prosaically, it is only with an ambitious position that China will be able to get others to "pay", as she herself has done, in the accession process. We understand that China still remains hesitant to make new market access commitments but feel that China, frankly, could be ready to do rather more in working to strengthen the rules aspects of the WTO. This will advance the multilateral agenda that we both share, an agenda which is the only choice in this multipolar world. In a way, Cancun will be the first real test for assessing China’s commitment with the WTO system. For my part, I am extremely confident that the Chinese government will play a very and constructive role, and I look forward to discussing the upcoming mini-Ministerial meeting in Egypt, which takes place only next week, with Minister Lu. Before I conclude, a brief word on how we can best pursue all the objectives I have just described, using what I can only describe as a formidable tool in the shape of its cooperation programs. With a current budget of 22 million € for various traderelated projects, the EU is the top donor in terms of trade assistance to China. A new 15 million € project, just signed a couple of days ago, will be implemented for the five years to come. With the same logic, since regulatory issues have a growing importance in our bilateral relations, we are working to establish bilateral regulatory dialogues on issues such as industrial standards, conformity assessment, etc. The objective is to use early exchanges of views to ensure we avoid the emergence of new problems in the future. 5 The first part of my conclusion is unescapable: China is clearly taking advantage of its integration in the WTO and the world economy. She has become, extraordinarily quickly, the world's 4th largest trader (after the US, the EU and Japan), its surplus with the world keeps growing, and it is now the top destination for FDI (ahead of the US). Such advantages keep China’s economy booming. On our side, in 2002 China became the EU’s 3rd largest trading partner, overtaking Japan. There has been a striking upwards trend in the first three months of 2003. Trade has grown by 20% (more than twice that if you prefer the Chinese statistics) and EU FDI in China has increased by a staggering 80%, again according to Chinese statistics. Of course, in parallel with this amazing performance, China has to keep in line with its commitments, and particularly her pledge to grant effective and nondiscriminatory access to the Chinese market. As EU-China trade ties continue to deepen, as our interdependence grows and grows, as our political relationship blossoms, the EU and China are becoming ever closer partners. We can see that in the management of multilateral trade. We both have similar interests in multilaterally strengthening the WTO system. At the same time we will both pursue our respective bilateral trade interests to ensure the best possible level of mutual market access. That is natural, that is the path of mature partners. And in both the stewardship of multilateral rights and obligations, and a vigorous yet productive bilateral relationship, we will continue to depend heavily on European business in China - and we know we can continue to count on the European Chamber. Thank you very much. Happy to take questions. 6