Tariff-rate quotas – Trade β Blog

Pre-ministerial draft shows little to harvest in WTO farm talks

21 years of talking with little sign of convergence on remaining topics in agriculture

UPDATES
See “WTO farm talks head into 2022 with lots of ‘will’ but not much ‘way’”
and May 31, 2022, pre-Ministerial Conference drafts (agriculture decision, food security declaration, and exempting the World Food programme from export restrictions decision)

By Peter Ungphakorn
POSTED DECEMBER 9, 2021 | UPDATED JUNE 8, 2021

A week bef0re the now-postponed World Trade Organization Ministerial Conference was due to start, WTO agriculture negotiators received a revised draft from Gloria Abraham Peralta, Costa Rica’s ambassador and the talks’ chair.

The new assessment and draft text is still in the form of a proposed decision for the ministers. It was circulated on November 23, 2021. The conference was postponed three days later on November 26. It was due to take place on November 30–December 3.

The new text was slimmed down from the 27 pages of the July 29 text, to 16 pages, still covering eight topics. This was not because gaps between members’ positions had narrowed. Rather, some issues had proved so intractable that the chair had simply thrown out large chunks of text.

[Public stockholding] has turned out to be the most difficult issue in the agriculture negotiations

— Gloria Abraham Peralta

The page-count was also reduced by combining eight separate draft decisions into one single text.

One commentator has slammed the draft for being completely empty.

“It has absolutely nothing in it. Basically, it says: We will negotiate on market access. We will negotiate on export competition. We will negotiate on domestic support. And not much else,” wrote Australian trade lawyer Brett Williams on the International Economic Law and Policy Blog.

That is a bit harsh. WTO members and their chair had worked hard in the previous months.

New agriculture draft suggests nervousness in divided WTO

Never before in 21 years of the WTO agriculture negotiations has a chair’s text been circulated as a secret document

By Peter Ungphakorn
POSTED JULY 30, 2021 | UPDATED SEPTEMBER 18, 2021

This has now been revised throughout, based on the actual text

As the World Trade Organization began its 2021 summer break, Gloria Abraham Peralta, Costa Rica’s ambassador and WTO agriculture negotiations chair, circulated her first draft negotiating text, stressing that delegates will need to move quickly to compromise and make a difference to people’s lives.

The 27-page draft, covering eight topics, is designed to focus negotiators’ attentions on what might be agreed at the November 30–December 3 WTO Ministerial Conference, three months after they return in September. It shows members are as divided as ever with little convergence after months of work.

The text is not a public document, but it has been leaked. It was circulated on July 29, 2021 as a restricted document, the first time a chair has done that since the agriculture negotiations began over two decades ago, in 2000.

With little fanfare, the US splits its tariff quotas for UK and EU exports

Most the attention has been on splitting EU import quotas post-Brexit. This is the other side of the coin. Presumably the UK and EU are OK with it

By Peter Ungphakorn
POSTED JULY 5, 2021 | UPDATED JULY 5, 2021

On the eve of the July 4 holiday, the United States announced new tariff quotas for some dairy products and tobacco imported from Britain and the European Union, from 2022.

This is the other side of the coin for an issue that has received much more attention — how the tariff quotas for imports into the original EU28 are being split between the post-Brexit EU27 and the UK, the on-going discussion in the World Trade Organization (WTO), and the resolution with some of the objecting countries.

Presumably Britain and the EU have accepted these new conditions on their exports.

UK-Australia trade deal: when a cap on farm goods is not a cap

Once again the British government has over-claimed on the effects of an agreement

By Peter Ungphakorn
POSTED JUNE 18, 2021 | UPDATED JUNE 2, 2023

“British farmers will be protected by a cap on tariff-free imports for 15 years, using tariff rate quotas and other safeguards,” declared the UK International Trade Department on June 15, 2021.

But will they, though? The text of the agreement-in-principle between Britain and Australia was published a few days later, also in several formats on the Australian government website.

It was not a final deal. That was eventually signed six months later, on December 16, 2021. It took effect on May 31, 2023.

Much of the June agreement-in-principle was in the future tense — agreement between the two “will include” this that and the other. Negotiations continued.

A note at the end of the text, which the Australian government called a “disclaimer”, said:

“DISCLAIMER: This document reflects what the UK and Australian FTA [free trade agreement] negotiating teams have jointly decided as of 16 June 2021 should be included in the FTA once it is finalised. It does not prejudge the outcome of the FTA negotiations or any further proposals for FTA commitments either the UK or Australia may make after this date. It is also not intended to create any treaty obligations.”

But the agreement-in-principle did show some of what is intended for agricultural products.

The reason it was announced on June 15 is because British Prime Minister Boris Johnson and his Australian counterpart Scott Morrison wanted a fanfare for their post-G7 meeting, even if the negotiations were incomplete.

Two years later when the agreement came into force, Politico published this account of what happened at the Johnson-Morrison dinner before the announcement in 2021.

‘No deal’ on UK-EU trade is worse than ‘Australia-style’

In the final days of the UK-EU talks on their future relationship, we may hear a lot more of the mythical Australia model

By Peter Ungphakorn
POSTED NOVEMBER 30, 2020 | UPDATED DECEMBER 1, 2020

As the risk of failure in the UK- EU talks on their future relationship increases towards the end of the Brexit transition, the British government is trying to disguise “no deal” as if it were some kind of deal.

What Brexiters used to call a “WTO deal”, is now “An Australia-type relationship” in coordinated messaging from Prime Minister Boris Johnson, his Cabinet, and his supporters in Parliament. Among the latest is Environment and Farming Secretary George Eustice. He of all people should know better.

Iain Duncan Smith & co are wrong about GATT Art24, Brexit and getting out of jail

Tory Brexiteers’ claim that WTO rules let them pull a rabbit out of the hat is pure magical thinking

By Peter Ungphakorn
POSTED SEPTEMBER 5, 2019 | UPDATED SEPTEMBER 5, 2019
ORIGINALLY PUBLISHED ON THE TELEGRAPH WEBSITE, SEPTEMBER 2, 2019

Does the World Trade Organization (WTO) have a magic legal provision, one that Britain can use to get out of the “no-deal” Brexit jail?

No, and this has been pointed out repeatedly. And yet Iain Duncan Smith, David Campbell Bannerman and co, still think it does, judging by their piece for the Telegraph on August 30, 2019.

They are wrong because they misunderstand the provision they cite: Article 24 of the General Agreement on Tariffs and Trade (GATT). They are wrong because they overlook the realities of what it means.

Text of the UK-South Korea free trade agreement

The longest sections are the schedule of commitments on goods (912 pages) and rules of origin (128 pages)

Posted by Peter Ungphakorn
SEPTEMBER 3, 2019 | UPDATED SEPTEMBER 10, 2019

These are links to the text of the UK-South Korea free trade agreement, signed in London on August 22 and published on the South Korean Government website. It has been posted on that site in separate parts.

The longest sections are the schedule of commitments on goods (912 pages) and rules of origin (128 pages).

(A few days later, the texts were published on the British government website on September 10, along with an explanatory memorandum. A report to Parliament was published separately the previous day.

(See also an earlier piece on rolling over the EU-S.Korea free trade agreement. This deal does that, but the devil is in the detail.)

A ‘WTO-deal’ Brexit? Video and text

I’d never heard of a ‘WTO-deal’ Brexit — until recently. What does it really mean? And does Brexit change it?

Available as a video (4’40”) on YouTube

By Peter Ungphakorn
POSTED JUNE 17, 2019 | UPDATED JUNE 17

A “WTO deal”. The phrase is spin used to camouflage the negativity of calling it “no deal”. But that’s what it is: no deal between the UK and EU.

Mr Speaker, can I welcome the Prime Minister ruling out a second referendum, and ruling out revoking article 50 and leaving a WTO — whether managed or not — deal on the table

— Kate Hoey MP, House of Commons, January 21, 2019

We can question if “WTO deal” actually means anything in terms of a relationship between the UK and EU.

Usually the phrase refers to deals struck in negotiations within the WTO, as we shall see. That’s why many claim that for Brexit, it’s nonsense. A “WTO-deal” Brexit doesn’t exist.

Let’s be charitable and assume it might exist. If so, what would it mean? Not much.

Caught up in a war — the WTO and Brexit

What does leaving the EU ‘on WTO terms’ mean? A presentation on some of the implications

By Peter Ungphakorn
POSTED APRIL 6, 2019 | UPDATED JUNR 6, 2019

For some it’s “no deal” — a Brexit with nothing agreed between the UK and EU. Others prefer to hide that by calling it “leaving the EU on WTO terms”. What does that mean?

These are slides from a presentation given at Chatham House, London on March 11, 2019, looking at some of the implications.

One last go. The Article 24 red herring in less than 400 words. Think ‘highway code’

“We want to use GATT Article 24” means “We want a free trade agreement in goods that complies with WTO rules”. It doesn’t say much

By Peter Ungphakorn
POSTED FEBRUARY 16, 2019 | UPDATED FEBRUARY 16, 2019

They still don’t understand. Article 24 of the General Agreement on Tariffs and Trade (GATT) is still being pushed as a silver bullet to solve “no deal” Brexit.

“Article 24 […] is a simple, temporary basic free trade agreement (FTA) between UK and EU which allows tariffs and quotas to continue at zero whilst a full and comprehensive FTA is negotiated instead,” is a typical and very recent claim.

GATT Article 24 is nothing of the kind. The claim has been debunked over and over and over and over and over. Still the message hasn’t got through.

So here it is again, this time in less than 400 words.