ELIMINATION OF NON TARIFF BARRIERS TO TRADE IN CEFTA EUROMED INVEST ACADEMY SERBIA CHAMBER OF...
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Transcript of ELIMINATION OF NON TARIFF BARRIERS TO TRADE IN CEFTA EUROMED INVEST ACADEMY SERBIA CHAMBER OF...
ELIMINATION OF
NON TARIFF BARRIERS TO TRADE IN CEFTA
EUROMED INVEST ACADEMY SERBIACHAMBER OF COMMERCE AND IDNUSTRY OF SERBIA
25 AND 26 MARCH, BELGRADE
1
Content of the Presentation
Characteristics of CEFTA Parties Economies
Characteristics of Trade Between CEFTA Parties
CEFTA Priorities, Challenges and Structures
Short Introduction on NTMs/NTBs
Tools for Identification and Elimination of NTBs in CEFTA
Conclusion2
CHARACTERISTICS OF CEFTA PARTIES ECONOMIES
3
Implementation of CEFTA Agreement
MAIN OBJECTIVES OF CEFTA AGREEMENT“To expand trade in goods and services, foster investment by means of fair, stable and predictable rules, eliminate barriers to trade, provide appropriate protection of IPR and harmonize Parties’ policies in competition rules and state aid”
CEFTA Agreement was signed on December 19, 2006 by 8 Parties = Albania, Bosnia and Herzegovina, Croatia, Macedonia, Moldova, Montenegro, Serbia and the UNMIK on behalf of Kosovo.
Full implementation of CEFTA started at the end of 2007 following the necessary ratification processes.
4
Characteristics of CEFTA Parties Economies
CEFTA PARTIES BELONG TO A GROUP OF SMALL ECONOMIES • Can not develop their industry based on the economy of scale, but they• Can compensate this by cooperation and by opening of their
economies.
CEFTA PARTIES ARE AT A VERY SIMILAR LEVEL OF DEVELOPMENT.
THE REGION SUFFERS FROM AN UNDERDEVELOPED TRADABLE SECTOR DUE TO YEARS OF DEINDUSTRIALISATION.
ALMOST ALL CEFTA PARTIES HAVE• Foreign trade, current account and budget deficit• Relatively low per capita income, • High unemployment rate,• Small share of exports in GDP.
THEIR GROWTH IS BASED ON THE INFLOW OF FOREIGN CAPITAL AND LOANS because 5
Characteristics of CEFTA Parties Economies (2)
CEFTA PARTIES ARE WITHOUT ADEQUATE SOURCES OF DOMESTIC SAVINGS AND INVESTMENT.
THERE IS INSUFFICIENT INFLOW OF FOREIGN INVESTMENT • Services sectors was the most attractive to investors,• Investments were related to the privatization ,• Investments do not generate significant exports of goods and services,• The largest share of investments is from the European Union.
THERE IS A LACK OF INTERNATIONAL COMPETITIVENESS OF ECONOMIES.
ALL CEFTA PARTIES COMMON GOAL IS THE EU MEMBERSHIP.
THEY LACK A STRONG ADMINISTRATIVE CAPACITY.
DIFFERENT LEVEL AND SPEED OF LEGAL APPROXIMATION TO THE EU ACQUIS COMMUNAUTAIRE AND IN ADOPTING THE WTO RULES CREATE NTBs.
6
CHARACTERISTICS OF TRADE BETWEEN CEFTA PARTIES
7
Characteristics of CEFTA Trade
THE EXPORT STRUCTURE OF CEFTA PARTIES IS VERY SIMILAR and it has not considerably changed over the last 5 years.
MUTUAL TRADE INTEGRATION IS UNEVEN – to most of the Parties the leading trade partner is the EU. Trade with the EU makes between 50 to 80% of their total exchange with the world.
ABOUT 2/3 OF TRADE IS OPERATED BETWEEN NON WTO MEMBERS.
30% OF TRADE RELATES TO THE AGRICULTURAL GOODS.
THE EXPORT OF GOODS IS VERY DIVERSIFIED, but small amounts of products are offered which adversely affects transportation costs.
8
Characteristics of CEFTA Trade (2)
The INDUSTRIAL GOODS produced in CEFTA are mostly labor and recourse intensive, with low value added, with a small profit margin and with the low growth in demand on the international market.
INTER INDUSTRIAL TRADE AND COOPERATION in CEFTA is law
TECHNOLOGICALLY INTENSIVE INDUSTRIES, that require highly skilled labor do not represent a large segment in the CEFTA region.
INTRA-CEFTA SUPPLY CHAINS APPEAR HIGHLY UNDERDEVELOPED;
EXPORTS OF CEFTA PARTIES are mainly in mineral fuels and lubricants, agriculture, ferrous metallurgy, chemical, textile, wood processing industry, machine building.
9
Share in CEFTA Parties Exports
*This designation is without prejudice to positions on status, and is in line with UNSC 1244 and the ICJ Opinion on the Kosovo Declaration of Independence*
Source: CEFTA Secretariat 2013/VI
10
Share in CEFTA Parties Imports
**This designation is without prejudice to positions on status, and is in line with UNSC 1244 and the ICJ Opinion on the Kosovo Declaration of Independence
Source: CEFTA Secretariat 2013/VI
11
CEFTA PRIORITIES, CHALLENGES
AND STRUCTURES
FOCUSING ON GREATER REGIONAL INTEGRATION
12
CEFTA Priorities in 2008 - 2013
Full liberalisation of trade in goods • industrial products liberalized by signing of the
Agreement • agricultural products gradually - currently full
liberalization Diagonal cumulation in the context of regional
Convention on pan-Euro-Mediterranean preferential rules of origin,
Opening of Public Procurement Market, Notification of TBT and State Aid, IPR review, Non-discrimination in investment, Establishment of transparency tools
13
CEFTA Priorities for 2015
Synergy with the SEE Strategy 2020 first Pillar
I Free Trade Area:
1. Further liberalisation of trade in services,2. Mobility of experts, professionals and skilled labour3. Eliminating main NTBs,4. Facilitation of trade,5. Simplification of trade related procedures by creating
mutually recognised AEO Programme,6. Facilitation of free flow of investment through
coordination of investment policies and better protection of investment and investors,
14
CEFTA Priorities for 2015 (2)
II Competitive Economic Environment:
7. Promoting the regional cooperation in competition policy, IPR and Public Procurement,
III Integration into Global Economy
8. Improvement of market access through completing a single diagonal cumulation zone under the PEM,
9. Enhancement of participation in regional supply chains and global supply networks.
15
Integrated Growth Pillar of the SEE Strategy 2020
anticipates actions toward deeper regional trade and investments linkages and policies enhancing the flow of goods, investments, services and persons
Free Trade Area
Goo
ds
Serv
ices
Inve
stm
ent
Skill
ed
labo
ur
Competitive Economic Environme
nt Co
mpe
titio
n Po
lic y IPR
Publ
ic
Proc
ure
men t
Integration into
Global Economy
Mar
ket
Acce ss
Parti
cipa
tio
n in
Glo
bal
Su
ppl
y Net
wor ks
Capacity TransparencyData
availability and quality
16
SEE Strategy 2020 Pillars
1. Integrated Growth (Trade and Investment)
Free Trade AreaCompetitive Economic
EnvironmentIntegration into the Global Economy
4. Inclusive Growth (Job Growth)
EmploymentHealth
5. Governance for Growth (Good Governance)
Effective public servicesAnti-corruption
Justice
2. Smart Growth (Education and Innovation)
Research & Development and InnovationEducation and Competences Digital Society
Cultural and Creative Sectors
17
Development of CEFTA Structures
Joint Committee
SC on Agriculture and SPS
SC on Customs and RO
SC on NTBs and TBT
WG on TBTNegotiating WG
on Trade in Services
Secretariat
WG on Risk Management
Deputy MinistersMeetings
2007
2010 - 2013
WG on Electronic
Exchange of Information
Committee on Trade
Facilitation
2014 - 2015
SC on Trade in Services
Subcommittee (SC)Working Group (WG)Sanitary and Phyto-sanitary Issues (SPS) Non-tariff Barriers (NTBs)Technical Barriers to Trade (TBT)
JJWG on Mutual Recognition of Professional Qualificationswith the RCC
To be established
18CEFTA CONTACT POINTS
Joint Working Group on Investment
The Mandate of the WGI is to coordinate investment policy and investment promotion activities, facilitate free flow of investments by improving market access for investment in goods and services in the region, support the inclusion of the regional supply and value chains into the global networks, all in the light of the implementation of the SEE 2020 Strategy’s Integrated Growth Pillar.
The group gathers delegates from Investment Promotion Agencies, relevant ministries coming from the South East Europe committed to SEE 2020 Strategy, as well as representatives of CEFTA and the WB.
19
SHORT INTRODUCTIONON NTMs-NTBs
CEFTA CONTACT POINTS
20
While the efforts to reduce tariffs have largely been met with success,
wide range of non tariff measures/barriers have been proliferating
and becoming prime obstacles in international trade.
21
NON TARIFF MEASURES (NTMs) are necessary and legitimate, relates to regulations, measures, procedures facilitate/restrict foreign trade flows
COULD CREATE
NON TARIFF BARRIERS (NTBs) - to trade if applied to discriminate on the basis of origin – favor/protect
domestic industries at the expense of foreign competition; used as a mean to bypass free-trade rules - inconsistent with
the WTO rules and principles.
22
NTMs and WTO TRADITIONAL – quantitative restrictions, non automatic
licenses, trade remedies, subsidies, state aid, variable levies seasonal duties, state trading, price control, monopolies government procurement, TRIMs, buy domestically produced campaign = GATT/WTO;
TECHNICAL – derive from implementation of different quality requirements, inspections - standards and technical regulations = TBT & SPS/WTO;
ADMINISTRATIVE – customs procedures/formalities - customs
valuation, classification, inspection, RoO, pre-shipment inspection, charges, taxes, excises, transit = TF/WTO;
IPR PROTECTION = WTO/TRIPS;
SERVICES - INFRASTRUCTURE – banking, transport, insurance, telecommunications = WTO/GATS.
23
EX ANTE Elimination of NTBs
Eliminate causes by Harmonization of domestic legislation with international/EU
requirements/rules, by accession to the conventions /agreements (WTO, UNECE, ISO, CEN) and by concluding MRAs
Providing regulatory transparency
International rules/conventions provide: procedures, principles, conditions for the implementation of
NTMs
CEFTA Agreement is based on: WTO agreements, rules and procedures and EU directives/regulations (rules of origin, competition, state
aid) OECD Multilateral Monitoring Framework 24
EX POST Elimination of NTBs
DISPUTE RESOLUTION SYSTEM
Bilateral consultations Joint Committee meeting consultations Mediation Arbitration WTO DSM
CEFTA Market Access Barriers Data Base is an on-line tool for identification (based on
UNCTAD classification) and elimination of NTBs 25
TOOLS FOR IDENTIFICATION AND
ELIMINATION OF NTBs
26
CEFTA Tools for Elimination of NTBs
1. Market Access Barriers Database 2. CEFTA Transparency Pack - GIZ3. Multilateral Monitoring Framework – OECD/EU4. CEFTA Agro-business Supply Chains – OECD/EU5. Addressing Market Access Barriers in Selected
Supply Chains in CEFTA – financed by GIZ, realized by ITC and UNCTAD
6. Trade facilitation - EU
27
1. Market Access Barriers Database
Based on the total 93 NTBs cases reported by CEFTA Parties, the current status shows that:
• solved issues represent 59%• pending cases 29%, while • newly emerging issues is 12%,
By areas of NTBs:• almost 1/3 is coming from the SPS area (28%), followed by • issues connected to the price control, including taxes and
charges (18%), and • technical barriers to trade (16%)• rules of origin (10%)
By sectors the most frequent barriers exist in beverages &tobacco (33%), vegetables (33%) and live animals (15%) = 80%
28
2. CEFTA Transparency Pack
Important on-line tools – 4 key databases for increasing transparency and eliminating NTBs are introduced:
Market Access Barriers Database
CEFTA Trade Portal which contains information about customs regulations, licensing procedures, technical requirements, SPS and veterinary controls, trade regimes as well as the regulations for border controls applied in all CEFTA Parties – www.ceftatradeportal. com
SPS Database which is a comprehensive record of the key laws and
bylaws and specific measures in the sanitary, phytosanitary and veterinary field
TBT Platform which is an online notification of the relevant technical regulation, conformity assessment procedures and national standards
29
CEFTA SECRETARIAT
CEFTA Transparency Pack www. ceftatransparency.com
CEFTA SECRETARIAT
3. CEFTA Multilateral Monitoring Framework
OECD project (financed by the EU) for EXANTE elimination of NTBs causes in the CEFTA Region which covers administrative barriers, SPS and TBT measures - based on the OECD Investment Reform Index -composed of sets of indicators for identification of NTBs
Most NTBs in CEFTA originate from the fact that CEFTA Parties are on different levels in integration processes – to the WTO (60%) and especially to the EU
Possible way out
Regulatory transparency – web portal, notification Synchronised harmonisation with the EU requirements,
international regulations and standards Conclusion of mutual recognition agreements 32
Results of the OECD Analysis of the State of Reform in TBT
0
1
2
3
4
5
6
ALBMACSRB
МАCMACSRB MAC
АLBSRB
B&H
UNMIK/Kos
UNMIK/Kos
MOLUNMIK/Kos
B&HUNMIK/Kos
TBT Serbia CEFTA MAX CEFTA MIN
33
ALBANIA
B&H
CROATIA
MACEDONIA
MOLDOVA
MONTENEGRO
SERBIA
UNMIK
/KOSOVO
0
0.5
1
1.5
2
2.5
3
3.5
4
4.53.3
1.8
4,23.8
1.8
2.8
4,1
1,4
CEFTA Parties Average Level of Approximation to the EU Regulation for TBT
in 2012
34
Results of the OECD Analysis of the State of Reform in SPS
0
0.5
1
1.5
2
2.5
3
3.5
4
MAC MAC
MAC
SRB
MAC
MOL MOL
MOL
MOL MOL
SPS Serbia CEFTA MAX CEFTA MIN
35
АLBANIA
B&H
CROATIA
МACEDONIA
МOLDOVA
MONTENEGRO
SRBIA
UNMIK
/KOSOVO
0
0.5
1
1.5
2
2.5
3
3.5
4
2,2
1,7
4
3,2
1,1
22,5
1,8
CEFTA Parties Average Level of Approximation to the EU Regulation for SPS
in 2012
36
Mutual Recognition Agreements
The Republic of Serbia signed bilateral agreements on mutual recognition and acceptance of SPS and food safety certificates with
B&H, Macedonia and Montenegro
which considerably facilitate the flow of goods.
37
Results of the OECD Analysis of the state of Administrative Barriers
00.5
11.5
22.5
33.5
44.5
5MAC MAC MAC MAC MAC
B&HMACMNE
MNE
MACMOLMNE
UNMIK/KosovoMAC
MAC ALBMAC MNE
UNMIK/Kosovo
MNE ALBB&H
B&H
UNMIK/Kosovo
MOLАLB
MOL MOL
ALB&H
AL
MNEB&HMOL
Administrative barriers Serbia CEFTA MAX CEFTA MIN 38
АLBANIA
B&H
MACEDONIA
МOLDOVA
MONTENEGRO
СRBIA
UNMIK
/KOSOVO
0
0.5
1
1.5
2
2.5
3
3.5
4
2.5 2,6
3,8
2,5
3,13,5
2,8
Average Level of Approximation to the EU Regulation for Administrative Measures/Procedures
in 2013
39
4. OECD Project on NTBs in3 CEFTA Agro-business Supply Chains
Initial Results
Trade within CEFTA is composed by a mix of primary and processed agricultural products;
Export from CEFTA to the EU is composed mostly by primary agricultural products;
Intra-CEFTA supply chains appear highly underdeveloped in agriculture;
Serbia is the largest producer, the largest market and plays a central role in intra-CEFTA supply chains;
40
4. NTBs in Agro-business in the OECD Review (in order of priority) (2)
Repeated sampling, testing and physical inspection Non-aligned and inconsistent procedures of border agencies involved in
the clearance Non alignment of SPS regulations and non-recognition of certificates
and laboratory results Unsynchronized working hours of border agencies and underequipped
laboratories at some border crossings Lack of knowledge and subjective interpretation of the regulations by
customs officials and inspectors Lack of transparency of import / export regulation and other trade
related procedures and information Non compliance of documents due to untimely notification of new
procedures / regulations Additional verification of the origin of goods Bribery and corruption
41
4. OECD Recommendations for Eliminating NTBs in Agro-business (3)
Implementation of electronic risk based inspection (joint risk profiles and joint customs control),
Synchronized harmonization of SPS regulations with the EU legislative and WTO requirements,
Mutual recognition of the AEO, certificates, laboratory tests,
Harmonization of working hours, modernization of customs laboratories,
Strengthening of administrative capacity - regular trainings of customs officers and inspectors,
Improvement of the information availability
42
5. Addressing Market Access Barriers in 2 Selected Supply Chains in CEFTA
Project financed by GIZ and implemented by ITC and UNCTAD
Mapping of regional supply chains with the aim of selection of two supply chains
Identification of Market Access Barriers (MAB) from TF point of view by establishment of PRIVATE SECTOR ADVISORY GROUPS
Recommendation to eliminate detected NTBs
Elimination of NTBs by modifying/aligning legislation with the EU / international practice
43
Implemented by
The Criteria for the Supply Chain Selection
Economic/trade relevance
• Sector position in CEFTA Exports
• Importance and links with other sectors /industries
Regional dimension of supply chain
• CEFTA Parties coverage
• Regional supply chain interlinkages
Affectedness by trade barriers
• Number and types of NTBs identified in
Potential benefits of trade facilitation
• Expected benefits from trade facilitation interventions in selected supply chain
Relation to the SEE 2020 Strategy/OECD Competitiveness Outlook
• Interaction with selected strategic sectors - automotive, food & beverages and tourism
6. Trade Facilitation in CEFTA
One of the main two priorities of CEFTA implementation in 2014-2020,
Committee of Trade Facilitation and new Working Groups are established,
National Experts Programme was established to increase human resources of the Secretariat and improve administrative capacity of CEFTA Parties,
Supported by The EU - CEFTA Project Facility and Multi-beneficiary IPA II Relevant International Organisations: WCO, WTO,
UNCTAD, ITC, World Bank, IFC Other Donors: SIDA - Quality Infrastructure Project, GIZ -
NTBs Project, USAID - self-assessment of needs according to WTO TFA.
45
Doing Trade with CEFTA and the EU
SEE requires 3 documents and 3 days more than doing trade with the EU
Trade with SEE costs 200 USD more than in the EU per container
Source: World Bank Doing Business 2014
46
6. Trade Facilitation Concept
Simplification
Standardisation
Harmonisatio
n
Process of eliminating all unnecessary elements and duplications in trade formalities, processes procedures and documents
Process of developing internationally agreed formats for practices and procedures, documents and information.
Alignment of national procedures, operations and documents with the EU acquis, and other international conventions, standards and practices.
47
6. Trade Facilitation Activities in CEFTAPrivate sector will be included
Framework Agreement will be signed providing • Electronic data exchange - on national level /cross border
between all agencies,• IT connections and regional database,• Mutual recognition of AEOs Programme,• Wider use of risk management in all border agencies,• Joint regional risk profiles
Reduction of the number of documents/fees/charges, Eliminating redundant data requirements not in line with
the EU/international recommendations/practice, Eliminating non-automatic import licences, Providing joint customs border controls and sharing
inspection equipment48
CONCLUSION
49
CEFTA Parties from Fragmentation to Integrationlk
CEFTA Parties have demonstrated their readiness to: ELIMINATE BARIERS in goods and services trade and those that inhibit
private investment.
STIMULATE INDUSTRIAL COOPERATION within the region, SPECIALIZATION and export “CEFTA produsts” to third markets primarily where they have concluded free trade agreements
CREATE MORE FAVOURABLE, HARMONIZED INVESTMENT CONDITIONS since the region is more attractive than the separate market of each CEFTA Party, with clear, stable and predictive rules.
PROVIDE GREATER LABOR MOBILITY especially of highly skilled and educated labor.
IMPROVE HUMAN RESOURCES – skills and knowledge, develop innovations and application of the results of research and development in entrepreneurship.
50
CEFTA Parties from Fragmentation to Integration (2)
STIMULATE regional clusters.
IMPROVE AND LINK INFRASTRUCTURE IN THE REGION.
FURTHER LIBERALIZE AND DEVELOP SERVICES (logistics and profesional)
IMPROVE EFICIENCY, PRODUCTIVITY AND QUALITY of PRODUCTION AND SUPPLY CHAINS – implement EU standards and technical regulations
CONCENTRATE ON EXPORT ORIENTED SECTORS - instead of low cost to knowledge intensive and high value added products.
IMPROVE COMPETENCE AND EFFICIENCY OF ADMINISTRATION.
ENSURE IMPLEMENTATION OF LEGISLATION IN LINE WITH THE
EU ACQUIS AND THE WTO RULES.
PROVIDE MORE BALANCED REGIONAL DEVELOPMENT.
51
THANK YOU FOR YOUR ATTENTION
Jadranka Zenić ZeljkovićHead of WTO Department
CEFTA Contact PointМinistry of Trade, Tourisma and Telecommunicati ons
Republic of SerbiaTеl. + 381 11 363 1236 or 264 2127jadranka.zeniczeljkovic@mtt .gov.rs
52