EAC, COMESA SADC Tripartite Free Trade Area SADC Phytosanitary Stakeholders Awareness Creation Workshop 20-22 May 2014, Ezulwini, Swaziland Elsie Meintjies (Dr) SADC Secretariat
Establishment of the Tripartite: In 2001 decision was taken to have COMESA and SADC collaborate on their regional integration programmes. Collaboration was extended to include EAC in 2005. The three Regional Economic Organisation Secretariats of COMESA, EAC and SADC agreed to establish the Tripartite Task Force (TTF) in 2006. The TTF is a coordination mechanism to coordinate Inter REC collaboration in the implementation of integration programmes. The TTF established sub-committees in trade (policy and facilitation) and trade infrastructure along corridors to develop common programmes in these sectors. 2
Why a Tripartite FTA Reasons include Political, Economic and Strategic factors; Improvements in market access Promotion of economic Policy reforms Achievement of trade liberalisation more quickly than would be the case in multilateral negotiations Fostering strategic linkages and industrial development Facilitating cross border investments Addressing the issue of Multiple Memberships 3
Overlapping of membership in Africa AMU Algeria, ECOWAS Consell De L Entente Libya Morocco, Tunisia Ghana, Nigeria Benin, Togo, Côte D lvoire Gambia Niger, Burkina Faso CEN-SAD Sudan, Chad, Eritrea, Central African Rep, Djibouti, Somalia Cape Verde, Chad ECCAS São Tomé & Principe Cameron, Central African Rep, Gabon, Equat. Guinea, Rep. Congo EAC CEMAC Burundi Rwanda DR Congo Angola Nile River Basin Egypt Djibouti, Ethiopia, Eritrea, Sudan Kenya, Burundi Rwanda Uganda, i Somalia IGAD Mano River Union Guinea-Bissau Liberia, Sierra leone Mali Senegal Guinea WAEMU Abbreviations AMU: Arab Maghreb Union, CILSS CBI: Cross Border Initiative, CEMAC: Economic and Monetary Community of Central Africa, CILSS: Permanent Interstate Committee on Drought Control in the Sahel, COMESA: Common Market for Eastern and Southern Africa, CEN-SAD: Community of Sahel Saharan States, EAC: East African Cooperation, ECCAS: Economic Community for Central African States ECOWAS: Economic Community of Western African States, IGAD: Inter-Governmental Authority for Government, SACU Tanzania Mozambique Malawi, Zambia, Zimbabwe South Africa, Botswana, Lesotho Namibia, Swaziland Mauritius, Seychelles Comoros, Madagascar IOC SADC COMESA IOC: Indian Ocean Commission, SACU: Southern Africa Customs Union, SADC: Southern African Development Community, WAEMU: West African Economic and Monetary Union Reunion
Tripartite Vision The Tripartite Vision is in line with the African Union vision but at the same time is unique. It is based on achieving economic growth through reducing the barriers to trade reducing tariff barriers and non-tariff barriers. The draft vision of the Tripartite is: To improve the economic and social welfare of the citizens of the COMESA-EAC-SADC Tripartite region through promoting regional economic growth by creating a conducive environment for regional trade. The Tripartite Vision & Strateg predicates strong working relationship amongst the 3 RECs to realise the collective ambition on regional integration 5
Tripartite Bodies and Committees Summit of Heads of State and Government. Council of Ministers to meet at least once every two years; Sectoral Ministerial Committees: Trade, Finance, Customs, Economic Matters & Home/Internal Affairs; Infrastructure; Agriculture; Legal Affairs; Industry to meet at least once a year; Committee of Senior Officials and of Experts to meet at least once a year; and Tripartite Trade Negotiation Forum (TTNF) Tripartite Task Force of the Secretariats of the three RECs. Technical Working Groups (TWG) 6
The 3 Pillars of the Tripartite FTA Mark Integration, Infrastructure Dev, Industrial Dev 1. Market Integration; Trade liberalisation resulting in the Free Trade Area 2. Infratructure Development Improving the efficiency of the internal trade and transport network (road, rail, water and air and including ICT and Energy). Address supply side constraints. 3. Industrial Development Creating an enabling environment (addressing the regulatory and legal framework); value addition; diversification; enhancing productivity and competitiveness; and the development of programmes which will result in structural changes. Negotiations on Movement of Business Persons to be addressed under a parallel and seperate track concurrently with phase one. 7
Market Integration-Scope and Coverage The Tripartite FTA Negotiations on Trade in Goods shall be in two phases 1st Phase (to be concluded by 2014): Negotiations on Tariff Liberalisation, rules of Origin, dispute resolution, customs procedures and simplification of Customs documents, transit procedures, non tariff barriers, trade remedies, technical barriers to trade and sanitary and phyto sanitary measures. Movement of business persons will be dealt with during the first phase of negotiations as a parallel and separate track. 2nd Phase (to commence from 2015): Negotiations on trade in services, intellectual property rights, competition policy, and trade development and competitiveness. 8
Status of TFTA Negotiations Technical Working Group (TWG) on TBT/SPS/NTBs established in 2012; Draft documents were available to start discussions; 1 st meeting Arusha, Tanzania; 2 nd meeting in Kampala, Uganda; Principles agreed and the draft TBT and SPS annexes to the draft Tripartite Free Trade Agreement were redrafted, a sub-working group established to prepare for the next TWG meeting; Tripartite Trade Negotiation Forum (TTNF) adopted the draft Articles and TBT and SPS annexes in Walvis Bay, Namibia, January 2014 Outstanding work Trade Remedies, Rules of Origin annexes still to be agreed, some of the text associated with the draft TFTA and then the signing of the TFTA; 9
Tripartite SPS Annex 12 Articles OBJECTIVES (a) Facilitate safe trade... (b) Cooperate to eliminate unjustifiable SPS measures... (c) Establish mechanisms and structures to enhance transparency... (d) Establish and implement a capacity building programme to support implementation 10
Guiding Principles (a)... Reaffirm the principles and objectives of the WTO SPS Agreement, and recognise the harmonising role of international standard setting bodies as recognised by the WTO SPS agreement.... Include the IPPC, the CAC, the OIE and other relevant international standard setting bodies; (b)... principles, provisions and annexes of the WTO SPS Agreement shall form the basis for SPS measures established and enforced by Tripartitie Member/Partner States. 11
Other Articles Harmonization there is a scientific justification Equivalence -... shall accept ach other s sanitary or phytosanitary measures as equivalent, even if such measures differ from their own country or from those used by other members trading in the same product, if the exporting country objectively demonstrates through science based and technical information,... that the measure would achieve the importing country s appropriate level of sanitary or phytosanitary protection. Transparency shall comply with the transparency obligatons in Article 7 and Annex B of the SPS Agreement... Assessment of Risk to establish appropriate level of SPS protection... taking into account risk assessment techniques developed by the relevant international organisations 12
Other Articles (2) Adaptation to Regional conditions and determination of pest or disease free areas or areas of low pest or disease prevalence; Technical Assistance Institutional Arrangements Dispute Settlement 13
Conclusion The SPS Annex to the SADC Protocol on Trade is compatible with the tripartite annex on SPS 14
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