On June 24th US and EU negotiators agreed to allow more time for the EU to formulate a response to the WTO banana ruling. The new deadline for the adoption of the compliance panel report is August 29th 2008. Ecuadorian diplomats have concurred with this agreement. The EC has argued that the new deadline will provide more scope for concluding a negotiated solution. In June press reports suggested that the EC was looking to introduce reductions in the MFN duty from ‘€176/tonne to €141/tonne from 1st January 2009 and to €115/tonne in six to eight years’. ACP representatives firmly rejected this approach, arguing that under the current tariff Latin American exporters had increased their exports by over 679,000 tonnes up to December 2007, while ACP exports have increased by only 74,000 tonnes. The ACP have called on the EU to ensure that ACP banana suppliers are not sacrificed in the interests of achieving a final WTO deal. Indeed Caribbean heads of government went further, arguing ‘if the outcome of the WTO Doha Development Agenda negotiations are to be balanced, there must be suitable treatment for bananas and other products that are the subject of long-standing preferences and that if this were not to be the case, Caribbean countries would find it impossible to join in any consensus that may emerge in the current talks’.
Meanwhile on July 16th 2008 the EC announced its willingness to accept proposals put forward by WTO director-general Pascal Lamy which proposed:
- a tariff of €116 per tonne, a big cut from the existing tariff of €176 per tonne’;
- delay in implementation of MFN tariff reductions over the period until 2015 in order to allow ACP banana producers to adapt;
- an initial tariff cut of €26 per tonne in the first year (from January 1st 2009), a further cut of €9 per tonne in the second year (from January 1st 2010) and then a €5 cut in each remaining year to 2015 (to reach €116 per tonne by January 1st 2015).
If this formula were accepted then ‘bananas will not be subject to additional cuts in the Doha Round’ and both sides would agree a ‘peace clause which will commit them to not reopening the issue’.
The EC also reiterated its willingness to work ‘with both Latin American and ACP countries to find a workable solution for both sides’. Trade Commissioner Peter Mandelson has stressed that resolving the banana dispute ‘must be part of a final Doha deal’. Indeed, according to press reports he went so far as to argue that director-general Lamy’s proposal was made ‘on a take-it-or-leave-it basis’ and that ‘if it was not accepted there would be no accord on trade in tropical agricultural products and so no wider WTO accord’, thus ‘if others wanted to reject it, then they had to take responsibility for the failure of the whole Doha Round’.
ACP representatives have described the Lamy offer as ‘an unacceptable threat to its producers’, since it would give ‘undue advantage to the Latin American producers’ and ‘deal a lethal blow to the ACP banana industry’. In contrast Latin American diplomats said “we are positive we can agree something. We are very close but not yet there’. However according to Panama’s WTO ambassador Latin American exporters ‘are willing to be reasonable in the interest of settling this long dispute but will need to see a better starting reduction, phase-in period and final rate than the one the EC is willing to accept’
Against this background the importance of Caribbean exporters ‘branding’ their banana exports to facilitate marketing of exports into premium-priced markets has been highlighted. This comes at a time when ‘WIBDECO has announced a reduction in banana prices to farmers … by one dollar for large carton boxes’.
Reuters, July 1st – 4th 2008
http://www.acp-eu-trade.org/library/files/CARICOM_EN_040708_communique-29th-meeting-heads-of-government.pdf
Jamaica Gleaner, July 9th 2008
http://www.freshplaza.com/news_detail.asp?id=25203
freshplaza.com, July 9th 2008
http://www.freshplaza.com/news_detail.asp?id=25231
Reuters, June 24th 2008
http://uk.reuters.com/article/rbssConsumerGoodsAndRetailNews/idUKL2427930320080624
WTO, June 24th 2008
http://www.wto.org/english/news_e/news08_e/dsb_24june08_e.htm
freshplaza.com, June 27th 2008
http://www.freshplaza.com/news_detail.asp?id=24440










Given the proposals which the EC has accepted it remains to be seen whether the affected Caribbean and African banana producers will ‘find it impossible to join in any consensus that may emerge in the current talks’. The phase-in period up to 2015 suggests that in addition to current financial allocations made to banana-sector expenditures the EU would be willing to further assist its domestic banana producers in adjusting to the changed market situation arising from the implementation of the Lamy proposal, under the 2013 round of CAP reform. This is likely to mean that ACP banana producers will bear the brunt of the agricultural adjustments which will need to take place as a result of the implementation of this proposal.
It should be recalled that on October 23rd 2004 Pascal Lamy, the then EC Trade Commissioner, proposed a tariff of €230 per tonne at the ACP-EU ministerial trade-committee meeting in Brussels. This figure, he is reported to have said, was arrived at after ‘complex calculations’ and represented a tariff ‘which is equal and will maintain market access to the EU for banana-producing countries’. Some in the ACP might reasonably ask why four years later a tariff half this level is now expected to achieve the same policy outcome of maintaining access to the EU market. Annex 1 to the 1999 EC communication authorising the commission to open negotiations on an amendment of the bound customs tariff for bananas contained the results of various scenarios on the impact of different levels of tariffs. For a tariff level of €175 per tonne it was concluded that market prices would fall and consumption would increase, but that ACP supplies would be still less competitive and their exports would fall. At a tariff level of €75 per tonne it was concluded that ACP supplies from the Caribbean would be uncompetitive, although some supplies from Africa would continue.
It is in this context that the commitments on consultations around traditional agricultural exports which the EC has entered into through the EPAs will be tested.