![]() |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Banana
|
Economic policies
The
EC banana regime, GATT/WTO challenges, and the evolving policy framework Policy changes in major importing countries have had major impacts on the world banana economy. This section reviews the many developments that have occurred in the European Union (EU) concerning bananas.
A variety of import regimes existed in Europe prior to the introduction
of a Common Market Organisation (CMO) for bananas on 1 July 1993:
On 1 July 1993, the (then) European Economic Community (EEC) introduced a common market organisation for bananas (Council Regulation (EEC) 404/93, hereinafter "the Regulation"), replacing the various national banana import systems in place in the member States previously. Subsequent European Communities' (EC) legislation, regulations and administrative measures implemented, supplemented and amended the 1993 regime (refer to: Activities of the European Union, Summaries of legislation, Bananas). The common market organisation for bananas consisted of a set of rules
aimed at ensuring: The EC's initial import regime included the following features: A) Categories of banana imports Title IV, which regulated trade with third countries, envisaged 3 categories of banana imports:
Source : Article 15.1 of Council Regulation (EEC) 404/93 (as amended) and the Annex thereto B) Tariff treatment and quantitative aspects (including country-specific allocations)
Imports of bananas from the twelve traditional ACP countries entered duty-free up to the maximum quantity fixed for each ACP country (see table below, which also includes allocations for non-traditional ACP countries). Allocations for duty-free banana imports from ACP countries
Source : Traditional quantities as set out in EC Regulation 404/93; Non-traditional quantities as set out in EC Regulation 478/95. Traditional ACP allocations were not bound in the EC Schedule, and there was no provision in the EC regulations for an increase in the level of these quantities.
i) The "basic tariff quota" Imports of non-traditional ACP bananas and bananas from third countries were subject to a tariff quota (referred to as the "basic tariff quota") of, originally, 2 million tonnes (net weight), then increased to 2.1 million tonnes in 1994 and to 2.2 million tonnes as of 1 January 1995 (quantities bound in the EC Uruguay Round Schedule). The tariff quota could be adjusted on the basis of a "supply balance" to be derived from production and consumption forecasts prepared in advance of each year. In 1995, a volume of 353,000 tonnes was added to the tariff quota as a result of "consumption and supply needs" resulting from the accession of three new EC member States, Austria, Finland and Sweden (not bound in the EC Schedule). In practice, the EC's tariff quota for non-traditional ACP and third-country banana imports was increased to 2.553 million tonnes. The EC applied the following tariffs to these banana imports: - Non-traditional ACP bananas: Duty-free up to 90,000 tonnes, divided into country-specific allocations and an "other ACP countries" category (refer to the allocations for duty-free banana imports from ACP countries); ECU 693 per tonne for out-of-quota shipments in 1996/97. - Third-country bananas: ECU 75 per tonne up to 2.11 million tonnes as provided in the EC Schedule. An additional 353,000 tonnes were made available in 1995. Country-specific allocations were made for countries party to the Framework Agreement on Bananas (BFA), plus an "others" category (table below on BFA allocations); ECU 793 per tonne for out-of-quota shipments in 1996/97. ii) The Banana Framework Agreement (BFA) Five Latin American countries (Colombia, Costa Rica, Guatemala, Nicaragua, and Venezuela) first lodged a formal complaint in the GATT in 1993, claiming that the EC banana regime infringed fundamental GATT disciplines. The panel found against crucial elements of the EC regime, but its ruling was rendered inoperative since Community and ACP members opposed to it (under former GATT rules and practice, a panel report was only enforceable if adopted by consensus). The issue was settled by negotiation. Under the deal, known as the Banana Framework Agreement (BFA), four out of the five complaining parties (Costa Rica, Colombia, Nicaragua and Venezuela) agreed not to bring any further complaints or to press for the adoption of the panel report. In return, under the terms of the BFA the EC allocated in its Schedule specific shares of the bound tariff quota of 2.1 million tonnes in 1994 and 2.2 million tonnes in 1995, as follows: BFA allocations under
the bound tariff quota for third-country
Source : Framework Agreement on Bananas, Annex to Part I, Section I-B (tariff quotas) in Schedule LXXX - European Communities. Furthermore, as a result of the BFA, 90,000 tonnes of the "basic tariff quota" referred to above were reserved for duty-free entries of non-traditional ACP bananas. By regulation, the EC allocated this import volume largely among specific supplying countries (allocations for duty-free banana imports from ACP countries). The BFA also provided that, if a BFA country was unable to deliver the quantity allocated to it, the short-fall would be reallocated amongst the other BFA countries (i.e. at the exclusion of other suppliers) in accordance with their percentage shares (the "tariff quota reallocation rules"). Overall, the BFA significantly reduced the protection afforded to the ACP states, but also aggrieved the position of those Latin American countries who were not party to the agreement (notably, the case of Ecuador). C) Licensing requirements (imports of both non-traditionalACP/third-country bananas) A particularly complex licensing system was established for imports of dollar and non-traditional ACP bananas at in-quota rate, as follows: i) Allocation of licences based on three operator categories Import licences were distributed among three categories of operators based on quantities of bananas marketed during the latest three year period for which data were available. Operator category rules
Source: Article 19 of Council Regulation (EEC)
404/93 (as amended) and Article 2 of Commission Regulation (EEC) 1442/93
(as amended). ii) Allocation of licences according to three activity functions In order to qualify as Category A and/or B operators, economic agents were asked to perform at least one of the "activity functions" set forth in the table below during the rolling three-year reference period (i.e. the period determining their reference quantities; for 1993, the years 1989-91). Individual allocations were weighted by the type of commercial activity of the operator. Activity function rules
Source:Commission Regulation (EEC) 1442/93 (as amended), Article 3.
European Communities Regime for the Importation, Sale and Distribution of Bananas (DISPUTE DS27): Summary
The Panel was established on 8 May 1996 to consider a complaint by the United States, Ecuador, Guatemala, Honduras, and Mexico against the EC regime for the importation, sale and distribution of bananas (Council Regulation (EEC) No. 404/93 of 13 February 1993, and subsequent EC legislation, regulations and administrative measures). The EC submitted that the United States had "no legal right or no legal or material interest" in the case that it had brought, since the United States had only a token production of bananas and had not traded in bananas with the EC. The Appellate Body held that a Member has broad discretion in deciding whether to bring a case against another Member. Overall, Members have a stake in enforcing WTO rules since any deviation from the negotiated balance of rights and obligations is likely to affect them, directly or indirectly. The ACP countries, which had most at stake in the proceedings (Caribbean States were heavily dependent, more than any others, on banana exports to the Community; yet they could not compete without the protection afforded by the EC regime), were granted third-party status. Main factual aspects The dispute concentrated on two elements of the EC's common organization of the banana market: - Country-specific allocations of tariff quotas (allocations for duty-free banana imports from ACP countries; BFA allocations under the bound tariff quota for third-country and non-traditional ACP banana suppliers), as well as the "tariff quota reallocation rules"; - The EC licensing procedures for third-country bananas and non-traditional ACP bananas, particularly the operator category rules and the activity functions rules. Some inconsistencies arising from the adoption of quantitative restrictions and from the preferential tariff treatment granted to ACP bananas were covered by the Lomé waiver. The Lomé IV commitment and the Lomé waiver
Source: Protocol 5 on Bananas annexed to the Fourth ACP-EEC Convention (OJ L 229 of 17/08/1991, p. 3); GATT document L/7539 of 10 October 1994 and L/7539/Corr.1). Findings and conclusions The main Panel's findings and conclusions, as rectified by the Appellate Body, were as follows: - The allocation (and reallocation) of tariff quota shares to some, but not to other, Members not having a substantial interest (i.e. not accounting for a significant export share) in supplying bananas to the European Communities was inconsistent with the GATT principle of non-discrimination. In some details:
- Some aspects of the EC licensing scheme burdened and discriminated against imports from Latin America, in that it created highly unfavourable conditions of competition compared to the simple arrangements for traditional ACP bananas (therefore violating GATT rules). In particular,
- The EC licensing procedures were also discriminatory under the GATS, in that they created advantages for European operators, and in fact discriminated against like service suppliers from Latin America. Specifically,
*The European Communities has made a full commitment for wholesale trade services (CPC 622), with no conditions or qualifications, in its Schedule of Specific Commitments under the GATS. The new banana import regime in the EC was conceived as a two-step process towards a tariff-only regime (to be implemented no later than 1 January 2006). Against the background of the Cotonou Agreement, two new waivers were
adopted at the Doha Ministerial Conference in November 2001, inter
alia, to facilitate implementation by the European Communities of
the Understandings on Bananas: A) Transition period (from 1 July 2001 to 31 December 2005) During the transition period (2001-2005), bananas were imported into the EC under a tariff-rate quota system through import licenses distributed on the basis of past trade. This transitional tariff-rate quota system, effective from 1 July 2001, was itself divided into two phases. i) Step I, phase I (effective 1 July 2001, through 31 December 2005) Interim tariff quota regime - Phase 1
Source: Council Regulation (EC) No 216/01 of 29 January 2001 (OJ L 31 of 02/02/2001, p 2). A bound tariff-rate quota (quota A) and an autonomous tariff-rate quota (quota B) were set respectively at 2.2 million tonnes and 353,000 tonnes per year. These two volumes were in fact managed as one quota (A/B) and were not allocated among country suppliers. The tariff applied to banana imports within the quota A/B was 75 Euro per tonne with a tariff preference of 75 Euro per tonne granted to ACP bananas. The tariff applied within quota C (850, 000 tonnes, open to all country suppliers) was 300 Euro per tonne, with a tariff preference of 300 Euro per tonne granted to ACP bananas. ii) Step I, phase II (effective 1 January 2002 to 31 December 2005) Throughout this phase, the provisions applying to phase I continued except for the following changes: - The autonomous tariff-rate quota B was set at 453,000 tonnes (an increase of 100,000 tonnes with respect to phase I); the additional tariff-rate quota C was set at 750,000 tonnes (a decrease of 100,000 tonnes with respect to phase I) and reserved for bananas of ACP origin; - Following the accession of new countries in 2004, the European Communities enlarged the autonomous, unbound B quota (adding 300,000 tonnes for the period 1 May 2004 - 31 December 2004; in 2005, the additional quantity was fixed at 460,000). Overview of results:
Source: Eurostat (data retrieved on 20 and 22 July 2005) Evidence suggests that the tariff preference of EUR 75 per tonne granted to ACP bananas within the A/B quota had not been sufficient to offset the competitive margin enjoyed by dollar zone bananas (hence, the A/B quota have been effectively allocated to dollar bananas). The tariff of EUR 300 per tonne (versus nil duty for ACP bananas) had been too high to allow dollar banana imports within the C quota throughout phase 1 (hence, the C quota was in practice reserved for ACP bananas). The out-of-quota levy had in fact inhibited imports outside the framework of the tariff quota. B) Towards a tariff only system and a reform of the internal aspects
of the common organisation of the market in bananas On 1 January 2006, pursuant to the agreement concluded in 2001 with the United States, the European Union substituted a tariff-only regime for the previous system of import quotas by region of origin. In a communication dated 31 January 2005, the European Communities had notified its intention to replace its concessions on bananas with a bound duty of EUR 230 per metric ton. The proposed new duty and the methodology on which it was based were challenged by a number of Latin American countries. This WTO arbitration was initiated pursuant to the procedures set out in the Annex to the Waiver Decision with respect to Article I of GATT 1994 contained in the document "European Communities The ACP-EC Partnership Agreement, Decision of 14 November 2001" (the "Doha Waiver"). Eventually, the Arbitrator determined that the envisaged rebinding for bananas would not result in at least maintaining the effective opportunities to enter the EC banana market afforded to MFN suppliers by the existing conditions of entry (Document WT/L/616 of 1 August 2005). Many Latin-American banana-exporting countries had urged a tariff of EUR 75 per tonne, whilst the ACP countries had called for a new single tariff of at least EUR 275 per tonne to offset the competitive margin enjoyed by dollar zone bananas. On 12 September 2005, the EU presented a revised proposal in the light of the arbitrators award, for an import duty of EUR 187 per tonne for MFN suppliers and a tariff quota of 775,000 tons at zero duty for bananas originating in ACP countries. Again, on October 27, 2005, the WTO Arbitrator determined that the European Communities' proposed rectification would not result "in at least maintaining total market access for MFN banana suppliers", taking into account "all EC WTO market-access commitments relating to bananas" (download the report - Document WT/L/625). Since 1 January 2006, the EU has been operating a new banana import regime. This imposes a single tariff of 176 euros per tonne on imports from third countries. ACP countries are allowed duty-free entry for a limited quota of 775,000 tonnes (but will be subject to the full duty rate outside that quota). The management committee for bananas agreed on the arrangements for the administration of the new quota system for ACP bananas on 2 February 2006. From March to December 2006 quotas for the import of 468,150 tonnes of ACP bananas were made available on a "first come first served" basis in five tranches of 93,630 tonnes each. The remaining 146,850 tonnes were reserved for operators who actually imported bananas from ACP countries in 2005. It remains to be seen how this system for allocating licences will impact on actual pattern of ACP banana exports to the EU. With the change of the import regime, a reform of the internal aspects of the common organisation of the market in bananas was launched. The preparation of the reform was entrusted to an interdepartmental steering group (ISG) made up of representatives of all the concerned departments of the European Commission. The ISG will analyse four options for the reform: the "no policy change" scenario ("Status Quo"); the integration of the banana aid scheme into the decoupled single farm payment regime ("Decoupling"); fixed envelopes, determined by country, to finance aid for producers ("Memorandum"); the transfer of financial resources from the CMO to the POSEI programmes for the agricultural sectors of the outermost regions ("POSEI"). Consultation document (Brussels, 3 April 2006) Following this analysis, the POSEI option has been retained. From January 1st 2007, the compensatory aid no longer exists on its own and has been incorporated into the single payment scheme. An additional envelope of 278.8 million euros will be added to the budget for the POSEI programme for the outermost regions and an additional 4.5 million euro will be attributed to the banana-producing areas other than the outermost regions (and thus not covered by the POSEI programme). For more detailed information on the EC banana regime and trade disputes concerning bananas, the reader is referred to: - EUROPA website, Activities of the European Union - Summaries of legislation
(common
organisation of the market in bananas) To retrieve the official documents: -WTO,
Documents Online database: "Everything But Arms" initiative Trade disputes are not the only potential catalyst for policy reform in the banana sector. Also, the need to fundamentally change the EC banana regime would stem from the Everything But Arms (EBA) initiative. Adopted on February 26th 2001, the EBA Regulation (Regulation (EC) 416/2001) grants duty-free access to imports of all products from least developed countries (UN list) without any quantitative restrictions, except to arms and munitions (as well as bananas, sugar and rice which benefit from quantitative restrictions for a limited period of time (until September 2009 for rice and October 2009 for sugar). From October 1st 2009 to September 30th 2012, the importer of sugar shall undertake to purchase such products at a minimum price not lower than 90% of the reference price. Furthermore, when a country is excluded by the UN from the list of the least-developed countries, it shall be withdrawn from the list of the beneficiaries of this arrangement. A minimum transitional period of three years shall be applied by the Commission. List of least developed countries defined by the United Nations
Source : UN Following the withdrawal of Cape-Verde from
the UN Least Developed Countries list, the Commission regulation 1547/2007
of 20 December 2007 establishes a transitional period for withdrawing
the Republic of Cape Verde from the list of For further information, please consult: International banana market access An important factor related to banana trade is the issue of banana market access. There are different banana import regimes in different countries. Actually, the diverging banana regimes have fragmented the international banana market into open market areas and preferential market areas. Many banana importing countries maintain different forms of banana import regimes. According to FAO, there is a direct relationship between high import barriers of a tariff, TRQ (Tariff Rate Quotas) or regulatory nature and low per caput consumption of bananas. For more data on banana import regimes, see FAO Document CCP: BA/TF 01/8 Review of Banana Policy Developments. Another problem of market access is the application of sanitary and phitosanitary (SPS) measures to banana imports, because they may be understood by exporting countries by an additional barrier to trade. For example, in 2001 Ecuador expressed in the WTO context concerns about the use of SPS measures in Turkey to hamper trade . International
cooperation on bananas International cooperation on bananas takes place in many forms and at
different levels. Some interesting examples are the following: FAO established recently an ad-hoc working group on responsible horticulture production and trade with the purpose of facilitating dialogue, collaboration and joint activities among stakeholders working with social and environmental issues in horticultural production and trade. The participants in the Working Group have various backgrounds, including NGOs involved in standard setting, certification and/or labelling of horticulture produce, auditors and environmental experts, banana producers and FAO. In addition, the Banana Forum service is provided by the Horticultural
Products Group of FAO. The aim of the network is to exchange information
on developments in the world banana industry and to discuss social, economic,
trade, environmental and other relevant issues in banana production and
trade . Caribbean Banana Exporters Association (CBEA): CBEA evolved from the Commonwealth Banana Exporters Association, which was formed in 1972 to bring together the Banana Growers' Associations in Jamaica and the Windward Islands, who were the traditional suppliers to the UK market. Following the Lomé Convention Agreement in 1975 the Commonwealth Banana Exporters Association changed its name to the Caribbean Banana Exporters Association (CBEA) and was expanded in due course to include Belize and Surinam. It established a London lobby in 1988 to defend its rights during pending trade discussions. The CBEA has been involved in campaigning against WTO rulings against the EU Banana regime.
United Fresh Produce
Association: Based in Washington D.C., United Fresh Produce Association
results from the merger between United Fresh Fruit & Vegetable Association
(1904) and the International Fresh-Cut Produce Association (1987) in 2006.
This association notably aims to: European Community Banana Trade Association is the European representative association of the banana trade in Europe. It was established in 1992 and its members are companies which are trading bananas on the European market. The association's main task is to represent unanimous views of members on aspects relating to the CMO on bananas, its overall framework and its detailed management rules. It is also a platform of information for members and provides them with regular updates on the coming developments on legislation.
During the nineties there has been an increasing participation of civil society in many aspects of life. Banana production has many environmental and social effects that are of concern for many people. As a result there are some NGOs directly involved in raising awareness on the banana sector and having an influence in increasing consciousness on the need to consume more organic and fair-trade bananas, as well as campaigning for a more environmentally and socially sustainable banana activity. An interesting example is Banana Link, a non-profit company limited by guarantee established in early 1996 to develop the work on the international banana trade started by Farmers' Link. It aims to alleviate poverty and prevent further environmental degradation in banana exporting communities and to work towards a sustainable banana economy. This is to be achieved by working co-operatively with partners in Latin America, the Caribbean, West Africa and the Philippines and with a network of European and North American organisations. Banana Link carries out research, provides educational services and disseminates information on the banana trade. It provides a specialised research and information service on trends in the international banana trade and on the activities of the companies involved, campaigns and lobbies, nationally and internationally, for a more socially and ecologically sustainable banana production and trade, works with and supports small banana farmers and plantation workers in producing countries and collaborates with other organisations working on similar issues in the rest of Europe and elsewhere. There are other European initiatives, grouped in Euroban, the European Banana Action Network, is a coalition of 30 European NGOs, working for a socially and environmentally sustainable banana trade. In the US, Rainforest Alliance is working in the Better Banana Project . In 1998 took place a world conference bringing together all players in the global banana industry in search of a sustainable banana economy. The International Banana Conference was organized by IUF (International Union of Food workers) and its partners in the European Banana Network EUROBAN, including trade unions, transnational companies, governments, civil servants, scientists, fairtrade organizations and NGOs to discuss concrete measures "towards a sustainable banana economy". On the conclusions, the "International Banana Charter" was presented, as a basis for further discussion at all levels of the industry. The Charter defines the social, environmental and economic components of a future sustainable banana economy and outlines the potential role of social and environmental clauses in WTO agreements, freedom of association and collective agreements, corporate codes of conduct, fair-trade and reform of the European Union banana import regime in transforming the industry. After the Conference, there have been many voluntary initiatives trying to address social and labour issues in the banana industry. All parties share the objective of raising the standards of the people employed on plantations in banana exporting countries. Exporting countries national policies In order to protect the interests of national producers in their countries, governement have used different policies. In some cases, like in Ecuador or Costa Rica, they establish a minimum price to be guaranteed to banana producers. In other cases it is through a land policy that prevents foreign companies to take property of the land, like in Ecuador, where transnationals have not grown bananas because they did not have access to the land. In 1988, the Philippine Congress passed the Comprehensive Agrarian Reform Law (CARL). This law opened an opportunity for plantation workers to own plantation lands leased to or owned by transnational and big landowners-growers. Through this process workers could become owners of land but large companies continued marketing their bananas. Another possibility of governmental intervention in the banana sector has been the introduction of an export tax on bananas. In fact, one of the first measures taken by UPEB was the introduction of an banana export tax, which was strongly refused by transnational banana corporations, giving place to the first "banana war". In addition, in August 2002, in Costa Rica, following the difficult situation in the banana sector, the governement has established a guarantee fund, issuing bonds for a quantity of up to $75 million, in order to avoid the possibility of bankruptcy for independent growers. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||