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MERCOSUR free trade agreement: the new text (environmental clauses and rules of origin)
In this article, we share the latest changes made on the text of the free trade agreement published by EU on 2019. We’ll focus on: Environmental changes (Paris agreement and specific section on sustainable development); Rules of origin for calculating the preferential origin (reduced customs duty) under the free trade agreement between the EU and MERCOSUR (Brazil, Argentina, Paraguay and Uruguay). ENVIRONMENTAL CLAUSES It is important to start from the evironmental provisions of the abovementioned free trade agreement. About the “climate change” the parties declare that the Paris agreement is an essential element of the next trade relationships. Indeed, they declare that: “ The Parties reiterate their commitment to the…
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Since the 6 December 2024 Free trade agreement Mercosur and European Union is about to become reality after the approval of European Council and Parliament
On 6 December 2024 the President of the European Commission Ursula von der Leyen and her counterparts from four Mercosur countries (Brazilian President Lula, Argentinian President Milei, Paraguayan President Peña, and Uruguayan President Lacalle Pou) ended the negotiations for a groundbreaking EU-Mercosur partnership agreement. As it is stated by the EU Parliament: “ The proposed EU-Mercosur agreement is composed of a political and cooperation pillar, and a trade pillar. The end of negotiations constitutes the first step in the process towards conclusion of the agreement. The official documents will be published online over the next days”. After the above mentioned agreement, the parties have to: Check and translation of the…
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1° of May 2024 free trade agreement EU and New Zealand will enter into force
After some negotiations round, 1° of May 2024 free trade agreement EU and New Zealand will enter into force. Mr. Todd McClay (Trade and Agriculture Minister of New Zealand) said: “..I am pleased to announce that today, in a small ceremony at the Beehive, New Zealand notified the European Union of our ratification of the New Zealand European Union Free Trade Agreement (NZ-EUFTA). This enables the agreement to come into force earlier than expected, from 1 May 2024,” . The European Council in its “Notice concerning the date of entry into force of the Free Trade Agreement between the European Union and New Zealand” on 25.03.2024 declared that “…The Free…
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Published the European decision for the approval of the FTA with New Zealand. After the ratification of New Zealand, does a sustainable trade will take over?
The decision of the European Council 2024/244 of 27 November 2023 on the conclusion, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand, lays down that “…Free Trade Agreement between the European Union and New Zealand (‘the Agreement’) is hereby approved on behalf of the Union…”. This decision has been published on 28 February 2024. From the other side, it is interesing to undeline that New Zealand needs to pass implementing legislation in order to ratify the agreement. In the official web site of the New Zealand Government it is declared: “…A significant milestone in ratifying the NZ-EU Free Trade Agreement (FTA)…
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EU GSP scheme and sustainable development
The European Generalised Scheme of Preferences (GSP) is a framework of customs rules for which, the duties on some goods are removed if imported from vulnerable developping countries. This benefit requires that: To be eligible, the goods must comply with some additional rules: direct trasport, accounting segregation, rules of origin, statement of origin with the mention of rex (registered exporter) in the invoice or other document; It is based on the regulation 978/2012. It is interesting to add that in November 2023 the application of this GSP regulation was extended until December 2027, pending the approval of a reviewed GSP regulation by the European Parliament and the Council of the…
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EAC, Kenya and EU: Economic Partnership Agreement with a specific focus on sustainable development
On 8 December 2023, Eu Commission published the draft of the “Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part” by means of the interinstitutional Files 2023/0337 (NLE) and 2023/0338 (NLE). This agreement will cover the following topics: (a) general provisions; (b) trade in goods; (c) fisheries; (d) agriculture; (e) economic and development cooperation; (f) institutional provisions; (g) dispute avoidance and settlement; (h) general exceptions; (i) general and final provisions; and (j) Annexes, Protocols and Joint Statements. Before going deeper with the short check of the available documents, it is useful to recall…
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Sustainable development and FTA between EU and New Zealand
One of goals of the FTA (free trade agreement) between the EU and New Zealand is the sustainable development which encompasses: a) economic development; b) social development; c) environmental protection. Each party can (a) determine its sustainable development policies and priorities; (b) establish the levels of domestic environmental and labour protection, including social protection, that it deems appropriate; c) adopt or modify its relevant law and policies. International framework is made, among other, by: a) Rio Declaration on Environment and Development; b) ILO Declaration on Social Justice for a Fair Globalization; c) “Transforming our world: the 2030 Agenda for Sustainable Development”.
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The customs aspects of the batteries/waste of batteries regulation
The new regulation (batteries and waste of batteries) should be a good basis for the a new approach to customs; the key stones are: circular economy, trade compliance and sustainable development against environment destruction, deforestaion, climate crisis and pollution. Indeed, from a customs/customs compliance perspective, it is interesting to take into account that the protocol of origin of the free trade agreements (FTA) inked by the European Union usually lays down rules of origin which classify the waste/scramps (generated in the EU) as “originating material” of the European Union. Futhermore, the obligation to develop a reliable system of recycling of some materials contained by the batteries (cobaltum, lithium, nickel )…
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New GSP framework, sustainable development and good governance: a check of the principles.
The ProposalCOM(2021)579 will set up a new framework of the European generalized system of preference which is: part of EU common commercial policy (unilateral preferential origin treatment for goods originating from the eligibile countries): sustainable development and good goverance; consistent with with the analysis and perspective of the Commission Communication Trade Policy Review: An Open, Sustainable and Assertive Trade Policy of 18 February 2021; consistent with EU green agenda and UN suistainable goals; The key stone of GSP is the “conditionality”: a country should not benefit from preferential trade arrangements if it is acting in a way that is contrary to international standards and principles and thereby also to its…
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New EU GSP: proposal for postponement to 2027
The current European generalized system of preferences (GSP) should be extended to 2027 according to proposal of regulation of EU Parliament and Council. In particular, this proposal ( 4 July 2023- COM 426 2023/0252 COD ) lays down that: “…the period of application of Regulation (EU) No 978/2012 should be extended until 31 December 2027…”; “…If the publication takes place after 31 December 2023, this Regulation shall apply retroactively from 1 January 2024…”; “…in case the Regulation based on Commission Proposal COM(2021)579 becomes applicable before that date, the extension of the period of application of Regulation (EU) No 978/2012 should be correspondingly shortened…”. For sake of completness, the Commission Proposal COM(2021)579 provides…