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Workshop on ‘Implications of ‘Brexit’ for the EU agri-food sector and the CAP’ Possible transitional arrangements related to agriculture in the light of the future EU – UK relationship: institutional issues Alan Matthews Trinity College Dublin, Ireland [email protected] 9/11/2017 Presentation for the Committee on Agriculture and Rural Development 1

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Page 1: Workshop on ‘Implications of ‘Brexit’ for the EU agri-food ... · alan.matthews@tcd.ie ... Alternative post-Brexit trade scenarios beyond WTO terms 28/05/2015 Presentation for

Workshop on ‘Implications of

‘Brexit’ for the EU agri-food sector

and the CAP’

Possible transitional arrangements

related to agriculture in the light of

the future EU – UK relationship:

institutional issues

Alan Matthews

Trinity College Dublin, Ireland

[email protected]

9/11/2017 Presentation for the Committee on Agriculture and Rural Development 1

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Structure of the Presentation

1. Brexit: trade issues at stake for the

agri-food sector

2. Avoiding the ‘cliff-edge’

3. Protecting farmers against adverse

effects

9/11/2017 Presentation for the Committee on Agriculture and Rural Development 2

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Brexit: trade issues at stake for the agri-

food sector

• Imposition of tariffs

• Loss of preferential trade transfers

• Customs clearance costs

• Regulatory compliance costs

• Additional road haulage barriers

• Irish border issues

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 3

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Alternative post-Brexit trade scenarios beyond

WTO terms

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 4

Barrier

Customs

agree-

ment

Free

Trade

Area

(FTA)

FTA+

Customs

Union

(CU)

CU+

Single

market

(Regulatory

Union)

Trade

facilitation

Yes Yes Yes Yes Yes Yes

Tariffs Not

affected

Removed Removed Removed Removed Removed

Preferential

trade

transfer

Lost Lost Retained Retained Lost

Rules of

origin

Yes Yes No No Yes

Customs

clearance

Yes Yes Yes Yes Yes

Regulatory

controls

Yes Reduced Yes Reduced No

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Main elements of different EU trade

arrangements

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 5

Element ‘Canada’ ‘Turkey’ ‘Ukraine’ ‘Swiss’ ‘Norway’

< Less ………………………………………..Degree of integration………………………………….More >

Non-

agricultural

trade with

EU

Liberalised for

goods plus

services

commitments

Liberalised for

goods

On way to

being

liberalised for

goods and

services

Goods and

some

services

liberalised

Goods and

services

liberalised

Agricultural

trade with

EU

Partial

liberalisation

Partial

liberalisation

Partial

liberalisation

Partial

liberalisation

Partial

liberalisation

Trade with

third

countries

No impact Turkey must

apply EU FTAs

No impact No impact No impact

Regulatory

coherence

Limited Aspiration Aspiration High Complete

Agricultural

policy

Unilateral CAP

aspiration

CAP

aspiration*

Unilateral Unilateral

Freedom of

movement

No No No Yes Yes

Budget

contributions

No No No Yes Yes

Dispute

settlement

WTO-like Limited WTO-like Limited Effective

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Avoiding a cliff-edge

Why the ‘cliff-edge’?

• Lack of preparedness of customs and health

authorities to cope with UK-EU27 trade

• Lack of knowledge of the thousands of

businesses which will now be clearing goods

through customs

• The almost certain congestion at major ports of

entry and exit because of the extra time needed

for controls

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 6

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Options to avoid a ‘cliff-edge’ – Option 1

UK remains an EU Member during transition

• Option 1 a. Extend Brexit date within withdrawal

agreement (qualified Council majority + EP

consent)

• Option 1 b. Extend period for negotiations

beyond two years (Council + UK unanimity)

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 7

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Options to avoid a ‘cliff-edge’ – Option 2

Objective: To maintain trade with the UK as a

non-Member State on the same basis as at

present during the transition

• UK would agree to bind itself to following the

relevant EU acquis for a time-limited period after

March 2018

• UK would enter into a temporary customs union

with the EU27

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 8

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Legal issues around Option 2

• Transition agreement with the UK as a non-

Member State would be a trade agreement (Art.

207/217)

• Joining EFTA and EEA is not an appropriate

basis for a transitional agreement

• Is it possible to negotiate a detailed transition

agreement while also negotiating a withdrawal

agreement and the framework for the future

relationship?

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 9

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Options to avoid a ‘cliff-edge’ – Option 3

Fall-back positions to avoid immediate

implementation of ‘hard Brexit’

• Temporary customs union

• Free trade agreement in goods alone

• Regulatory equivalence agreement for food

safety and animal health

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 10

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Next steps on transition

October 2017 mandate of the European Council

(Art.50)

• the General Council (Art. 50) and the Union negotiator

should seek to rapidly progress preparatory work

particularly on models of transitional arrangements.

• Focus should be to help to clarify the minimum

requirements to ensure that trade can continue to take

place with the UK as it does today for the duration of the

transition period, and what the appropriate balance of

rights and obligations might be during this period.

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 11

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Specific issues for clarification

• Whether UK membership of the Common

Agricultural Policy (CAP) and the Common

Fisheries Policy (CFP) will be deemed

necessary as a prerequisite for continued free

trade in agricultural and fishery products during

the transition period.

• Arrangements to ensure the continued

protection of Geographical Indications in the UK.

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 12

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The international dimension - WTO

UK needs to separate its WTO Schedule of

Concessions from the EU28 Schedule

• Mainly technical issues around tariffs, export

subsidy commitments and non-exempt domestic

support

• Political difficulties around division of Tariff Rate

Quotas (TRQs)

• How to address UK-EU27 trade in UK and EU

TRQs

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 13

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Protecting farmer interests during the

transition

In the event of a sharp dip in EU producer

prices for specific commodities after Brexit

• Safety-net intervention

• Targeted aid

• Mobilisation of the crisis reserve

• Advancing direct payments

• Making use of the income stabilisation tool

• Permitting flexibility in state aids

• Facilitating supply management

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 14

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Supporting adjustment during the transition

Adjusting to the structural consequences of a

hard Brexit

• Provision of adjustment assistance

• Greater use of financial instruments

• Strengthened promotion policy

• Improved access to third country markets

28/05/2015 Presentation for the Committee on Agriculture and Rural Development 15