Council Decision (EU) 2020/13Show full title

6. Trade-related Areas

6.1. General

EPAs will reconfirm the respective commitments in trade-related areas undertaken in the framework of the Cotonou Agreement(1) and its successor agreement, in particular with regard to competition policy, protection of intellectual property rights (including geographical indications), standardisation and certification, sanitary and phytosanitary measures, trade and environment, trade and labour standards, consumer policy and protection of consumer health. These provisions in the EPAs will be reviewed in the light of the results of multilateral, plurilateral and bilateral trade negotiations.

6.2. Specific areas

In addition, the following shall apply with regard to the following areas:

• Investment. In accordance with the objective of "reducing and eventually eradicating poverty consistent with the objective of sustainable development" (and with regard to articles 1, 29, 75 to 78, and to Annex II to the Cotonou Agreement and the relevant provisions of its successor agreement, once applicable) the parties agree to establish a framework which shall facilitate, enhance and stimulate mutually beneficial sustainable investment between them, taking into account multilateral initiatives on investment facilitation. This framework will be based on principles of non-discrimination, openness, transparency and stability. The parties will foster the development of attractive and stable investment environments by supporting stable and transparent rules for investors, and seek to improve financial inclusion and access to finance.

  Where identified by both parties as an area for negotiation, and subject to additional country- or region-specific negotiating directives, provisions on investment protection may be negotiated. They shall be in line with the EU's reformed approach to investment protection, including investment dispute settlement. Those provisions shall also ensure a strong protection of investors and investments, while fully preserving the parties' right to regulate within their territories to achieve legitimate policy objectives. Possible negotiations should also take into account relevant internationally recognised principles and guidelines related to sustainable development and responsible business conduct, as referred to in the European Union's reformed approach to investment protection.

• Public Procurement. EPAs will aim to ensure full transparency in procurement rules and methods at all government levels, following the principles of the Government Procurement Agreement (WTO). In addition, the parties may seek progressive liberalisation of their procurement markets on the basis of the principle of non-discrimination and taking into account their development levels.

• Standards, Technical Regulations and Conformity Assessments. EPAs should contain a comprehensive chapter on Technical Barriers to Trade (TBT), building on and going beyond the WTO Agreement on TBT. This chapter should aim at, inter alia, compatibility and convergence of technical regulations through the application of international standards, streamlining testing and certification requirements through the adoption of risk based conformity assessment procedures and strengthening transparency.

• Sanitary and Phytosanitary Standards. EPAs should contain a comprehensive chapter on Sanitary and Phytosanitary Standards (SPS), in line with other recent EU agreements. Building on the principles of the WTO Agreement on SPS, the negotiations should aim to include issues, such as the use of international standards (IPPC, OIE and Codex), transparency and non-discrimination, avoidance of undue delay, harmonization, the recognition of equivalence, the recognition of the parties' health and pest status, regionalisation (zoning), control, inspection and approval of procedures, precautionary principle, audit, certification, import checks, emergency measures, pre-listing in the veterinary field, treatment of the European Union as a single entity, technical cooperation, improved cooperation on anti-microbial resistance and animal welfare and the mechanisms to address specific trade concerns related to SPS measures. Furthermore, the chapter should stress the relevance of information exchange between the parties in case of changing standards and the need for flanking policies, including technical cooperation.

• Data Protection. EPAs will set the objective of ensuring a high-level of protection of privacy and personal data through appropriate legal regimes and policies, including effective enforcement by independent supervisory authorities, as a central factor of citizens' trust in the digital economy and a key element to facilitate commercial exchanges and enforcement cooperation between the Parties.

• Intellectual Property Rights. EPAs should create an adequate, balanced and effective level of protection and provide for civil and border enforcement provisions in the area of intellectual property rights, including geographical indications (GIs), going beyond the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement). EPAs should reaffirm the flexibilities under the TRIPS Agreement. EPAs should recognise the importance of the declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the Ministerial Conference of the WTO. In interpreting and implementing the rights and obligations under the EPAs, the parties shall ensure consistency with the Doha Declaration. Inter alia, the parties should implement Article 31bis of the TRIPS Agreement, as well as the Annex and Appendix to the Annex related hereto, which entered into force on 23 January 2017.

  EPAs should provide direct protection and effective recognition through the agreement of a list of GIs (wines, spirits, agricultural products and foodstuffs), building on the level of protection set out in Article 23 of TRIPS, including against evocation, passing off, appropriate and effective enforcement, co-existence with bona fide prior trademarks, protection against subsequent genericness, and provisions on adding new GIs. Issues concerning individual prior rights, for example related to plant varieties, trademarks, generic or other legitimate prior uses, should be addressed with the aim of solving existing conflicts in a mutually satisfactory manner.

• Trade and Competition. EPAs should aim to minimise distortions of competition by means of provisions on competition policy, subsidies and state-owned enterprises. The provisions will not impede the delivery of public services. The provisions will furthermore allow appropriate flexibility to implement measures to foster economic development, tackle poverty or achieve other public policy objectives such as food security.

• Trade and Sustainable Development. EPAs should promote the implementation of the 2030 Agenda and adhere to the relevant internationally agreed principles and rules on labour rights, including gender non-discrimination.

  Therefore, EPAs should include provisions on labour, gender equality and enhancing opportunities for women in trade, and environmental aspects of trade and sustainable development, including sustainable fisheries and aquaculture, biodiversity, forests and forestry products, and those related to climate change, in particular the UNFCCC and the Paris Agreement and climate change mitigation-related initiatives, such as at the International Maritime Organization (IMO).

  EPAs should include provisions that promote adherence to and effective implementation of relevant internationally agreed principles and rules, including the core labour standards and fundamental conventions of the International Labour Organisation (ILO) and multilateral environmental agreements, as well as of health and safety at work, labour inspections and social dialogue as well as social and labour protection. They should include a commitment by each Party to make continued and sustained efforts towards ratifying fundamental ILO conventions.

  EPAs should reaffirm the right of the parties to regulate in the labour and environmental areas, consistent with their international commitments, and encouraging high levels of protection, including by taking into account the most environmentally advantageous options. They should reiterate the respect of the precautionary principle. They should include provisions for labour and environmental levels of protection not to be lowered in order to encourage trade and foreign direct investment. These should include a commitment not to derogate from or fail to enforce domestic labour or environmental laws.

  EPAs should promote a greater contribution of trade and investment, including foreign direct investment to sustainable development, including by addressing areas such as the facilitation of trade in environmental and climate-friendly goods and services, and the promotion of voluntary sustainability assurance schemes and of corporate social responsibility, having regard to internationally recognised instruments and encouraging parties to use international practices, including OECD and UN Guiding Principles on Business and Human Rights and sector specific guidelines.

  EPAs should include provisions for the effective implementation and monitoring of these provisions, as well as a mechanism to address any disputes arising between the parties. EPAs should provide for civil society bodies' participation, including regular consultations and communication action. These bodies should monitor the implementation of the whole Agreement and have an advisory role towards the parties.

• Agricultural Dialogue. Given the relevance of the agricultural sector for the socio-economic development and food security of ACP countries, EPAs should foresee a dialogue on agriculture (Agriculture Partnership), which may cover issues like commodities (especially those relevant for food security) and regional value chains, use of new technologies, trade facilitation, market access, responsible investments, research and innovation with due attention to climate change adaptation and mitigation as well as biodiversity and sustainable food systems.

6.3. Implementation

The EPA Council (see below, point 8), assisted by a Joint Implementation Committee composed of senior technical experts, will monitor the implementation of these provisions. The Joint Implementation Committee will meet on a regular basis and at least once a year. It will draw up annual reports assessing the progress made and formulating recommendations on measures for further achievements, including the provision of development co-operation in accordance with the provisions of the Cotonou Agreement and the relevant provision of its successor agreement, once applicable. Special sub-committees for certain trade-related areas could be considered, if needed.

(1)

Articles 45 to 51 and 78 of the Cotonou Agreement and the relevant provisions of its successor agreement, once applicable.