Source: EURLEX
Language: en
Format: md

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| ROADMAP | |
| Title of the initiative | Update of the 2002 Council directives for the negotiations of Economic Partnership Agreements (EPAs) with African, Caribbean and Pacific (ACP) countries and regions |
| Lead DG – responsible unit | DG Trade, Unit D/2 |
| Likely Type of initiative | Council Regulation |
| Indicative Planning | Q3 2020 |
| Additional Information | - |

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| A. Context, Problem definition and Subsidiarity Check |
| Context [max 10 lines] |
| The EU has been negotiating Economic Partnership Agreements (EPA) with African, Caribbean and Pacific (ACP) countries and regions between 2002 and 2014. The EU conducted these negotiations based on a wide-ranging mandate and negotiation directives issued by EU Member States in 2002. However, due to a number of circumstances, including capacity constraints on partner side, the concluded and implemented Agreements today mostly cover trade in goods only. Other areas (such as services, investment and trade-related issues) were not included in the agreements but were mentioned explicitly in for a future review in the so-called “rendez-vous clauses”. This situation means that the current EPAs are not fully adapted to the trade realities of the 21st century and the interests of both the EU and the partner countries concerned. It is therefore possible that in the coming years, there will be an interest in to “deepening” these agreements to cover also services, investment, intellectual property rights, competition policy and public procurement, among other issues.  In fact, the first such occasion is already on the horizon, as the five countries currently implementing the interim EPA in Eastern and Southern Africa (ESA) (Mauritius, Madagascar, Seychelles, Zimbabwe and since recently Comoros) have requested to launch negotiations with the aim of establishing a comprehensive agreement that will help them seize opportunities of global value chains. Negotiations towards such a comprehensive Agreement will start on 2nd October 2019 in Mauritius.  Future negotiations with ACP countries and regions, including ESA, will be conducted based on the existing Economic Partnership Agreements negotiating directives established by Council in 2002, accompanying its authorisation to open negotiations, which are already comprehensive in nature. However, these negotiating directives are partly outdated in wording, and lack coherence with recent EU policy initiatives and priorities as trade evolves worldwide.  Therefore, the Council requested an update of the negotiating directives adopted in 2002 in order to align the wording and content of these directives with recent developments and policies in trade-related areas, in particular the Trade for all Communication of the European Commission from 2015.  This initiative therefore constitutes a contribution to the implementation of the Trade for all Communication, while taking into account the on-going negotiations on post-Cotonou Partnership Agreement. It also factors in the Africa-Europe Alliance for Sustainable Investment and Jobs launched by the President of the Commission in September 2018 and the External Investment Plan as its important component. |
| Problem the initiative aims to tackle [max 25 lines] |
| This initiative concerns the update of the wording and content of the Council negotiating directives for Economic Partnership Agreements with ACP countries and regions from 2002.  The existing 2002 directives are already comprehensive in nature, covering almost all trade-related areas. Nevertheless, they are today outdated in terms of language and wording, and fail to take into account some of the more recent global developments, such as the reinforcement of our trade and sustainable development policy.  This means, inter alia, the directives will need to reflect current ambitions of the EU to include in its agreements internationally agreed principles and rules on labour and environmental aspects, including references to tackling climate change and to the Paris Agreement. The existing directives also do not reflect the need for provisions for the effective implementation and monitoring of these rules, as well as a mechanism to address any disputes arising between the Parties in this area.    The first case in which the new negotiating directive will be guiding EU negotiators are the upcoming negotiations with five Eastern and Southern African countries, which requested a deepening of their Agreement. Negotiations will start in October 2019, which is why it is opportune to update the Council directives at this stage. |
| Basis for EU intervention (legal basis and subsidiarity check) [max 10 lines] |
| The legal basis for the EU to amend the directives for the negotiations of Economic Partnership Agreements with ACP countries is provided by Article 207 of the Treaty on the Functioning of the European Union (TFEU), which sets out the Common Commercial Policy. Additionally, Article 3 of the TFEU establishes the Common Commercial Policy as an area of exclusive EU competence. |
| B. What does the initiative aim to achieve and how [max 25 lines] |
| The immediate objective of this initiative is to equip the Commission with up-to-date negotiating directives for Economic Partnership Agreements with ACP countries and regions that are aligned with current EU negotiation practice, and that ensures that any further negotiations with ACP countries and regions respond to current trade challenges.  The global objective is to negotiate up-to-date and modern trade agreements with ACP countries and regions that will boost trade and investment and support these countries in their integration into the global economy. |
| C. Better regulation |
| Consultation of citizens and stakeholders [max 10 lines] |
| No impact assessment is foreseen with regard to this initiative due to the fact that it only involves updating the language of the original negotiating directives of 2002. There is consequently no policy options to be assessed.  This roadmap is published for information purposes only.  No specific consultations with citizens and stakeholders are foreseen, as the update of the wording is not a major initiative.  However, the Commission will consult citizens and stakeholders on individual negotiations that may be conducted in the future under the updated negotiation directives.  In particular, for the upcoming negotiations with the ESA Economic Partnership Agreement States, a Sustainability Impact Assessment (SIA) will be launched to consult widely citizens and stakeholders, both in the EU and the ESA region, on the potential impact of the new trade topics to be included in the Agreement. The negotiations will commence in October 2019 and the SIA will be conducted in parallel to the negotiations in order to feed into the process.  The SIA is a platform for systematic dialogue between stakeholders and trade negotiators, through in-depth consultation in which all stakeholders are given an opportunity to participate.  These consultations and assessment in the context of the current initiative will aim at:  ·Gathering the views of stakeholders regarding the possible impacts of the envisaged trade deal,  ·Identifying topics, expectations, experiences and stories beyond statistical data,  ·Contributing to transparency, credibility and legitimacy of the SIA and the negotiations overall.  The main stakeholders to be consulted during the SIA will include public sector, non-governmental organizations, businesses, social partners and academia.  Beyond ESA, no further negotiations to deepen or expand other existing Economic Partnership Agreements are planned at this stage. Any such undertakings will be accompanied by region- and country specific assessments of potential impact and comprehensive stakeholder consultations. |
| Evidence base and data collection [max 10 lines] |
| No evidence base and data collection is necessary for this initiative, which only concerns an update of existing negotiating directives. |

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