18 February 2021
Today, the European Commission published its revised strategy for trade following an EU trade policy review which was launched in June 2020. The aim is to set a new course for trade policy in a changing global context, aligned with EU priorities and supporting recovery from the coronavirus.
Gide's international trade and regulations team analysed the published document and identified the following main points of interest for businesses:
Three EU priorities:
Trade policy should help transform the EU’s economy in line with the green and digital transitions.
Trade policy should support social fairness and environmental sustainability.
The EU should defend itself against unfair trading practices while acting in accordance with its international commitments.
EU actions will focus on:
1. Updating WTO rules and practices to reflect today’s trade realities
Reform WTO focusing on enhancing the WTO’s contribution to sustainable development and launch negotiations on rules to avoid distortions of competition due to state intervention.
Give priority to enhancing transatlantic cooperation on WTO reform.
Work to restore a fully functioning WTO dispute settlement mechanism with a reformed Appellate Body.
Launch a trade and climate initiative in WTO.
2. Ensuring that there is an ambitious sustainability chapter in all EU bilateral trade and investment agreements
Base the conclusion of trade and investment agreements with G20 countries on a common ambition to achieve climate neutrality.
Promote respect for core human rights and other labour rights, as reflected in the UN fundamental conventions of the International Labour Organisation (ILO).
Review in 2021 the 15-point action plan on the effective implementation and enforcement of Trade and Sustainable Development Chapters (TSDs) in trade agreements.
Propose a Carbon Border Adjustment Mechanism (CBAM) to avoid that the objectives of EU climate policies be undermined by carbon leakage.
Implement the new global human rights sanctions regime to ensure compliance with human rights, including on forced labour.
Promote sustainable and responsible value chains through a proposal on mandatory due diligence, including effective action to ensure that products linked to forced labour are excluded from the value chains of EU companies.
3. Giving a new prominence to digital trade in EU trade policy
Ensure that the EU continues to be a rule-maker for digital standards and regulatory approaches, in particular as regards data protection.
Ensure that WTO sets the rules for digital trade,
Support further multilateral WTO negotiations to liberalise trade in services in sectors going beyond e-commerce.
Step up bilateral engagement and cooperation on trade-related digital issues with like-minded partners.
4. Developing a more strategic approach to international regulatory cooperation, in particular in relation to the green and digital transitions
Adopt a proactive stance in standardisation bodies and promote EU regulatory approaches around the world.
Develop transatlantic partnerships on the green and digital transformation of our economies including through the EU-US Trade and Technology Council.
5. Upgrading the EU’s relations with the Southern Neighbourhood and Africa
Work to advance Deep and Comprehensive Free Trade Area (DCFTA) negotiations with Morocco and Tunisia.
Work on the vision of a continent-to-continent trade agreement following the successful implementation of the African Continental Free Trade Area (AfCFTA).
Propose a new sustainable investment initiative to partners or regions in Africa and the Southern Neighbourhood interested in doing so.
Deepen and widen its existing trade agreements with African regional economic entities and strengthen their sustainability dimension.
Enhance synergies between different trade arrangements with African countries, for example through more harmonised rules of origin in trade with the EU.
Pursue sustainable investment agreements with Africa and the Southern Neighbourhood.
6. Improving the implementation and enforcement of trade agreements, and ensuring a level playing field
Combine active engagement, both at bilateral and multilateral level, with parallel development and implementation of autonomous instruments necessary to protect the EU’s essential interests and values – in full compliance with its international commitments.
Address non-compliance through WTO or bilateral dispute settlement mechanisms, where other means fail.
Updated Enforcement Regulation (allowing the EU to expeditiously suspend concessions – Countermeasures being no longer limited to goods but may now concern services and intellectual property).
Deploy the EU’s autonomous tools to protect EU businesses and jobs from unfair competition, in particular through the effective use of Trade Defence Instruments.
Implement the FDI Screening Regulation.
Propose a new legal instrument to protect the EU from potential coercive actions by third countries.
Propose a legal instrument to address distortions caused by foreign subsidies on the EU’s internal market.
Advance the International Procurement Instrument negotiations in the Council.
Effectively implement the modernised Export Control Regulation on sensitive dual-use goods and technologies to support secured value chains.
Explore options for an EU strategy for export credits. This will include an EU export credit facility and enhanced coordination of EU financial tools.