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Trade and Integration

The Trade Section of the DTT supports the efforts of Member States to promote economic diversification and integration, trade liberalization, and market access that can lead, through expanded market and investment opportunities, to enhanced economic development, job creation, and poverty reduction.

Comments on the paper by Amb. Rubens Antonio Barbosa
"Why the Group of 20 was “Suddenly” Formed"



José M. Salazar-Xirinachs
Director, Trade Section OAS


Remarks made at the Cordell Hull Institute, Trade Policy Roundtable
“Getting the WTO Negotiations Back on Track"
Washington D.C., November 25, 2003


I find Ambassador Barbosa’s paper very good and quite accurate. I think it reflects the reality of agricultural negotiations in the WTO pretty well so it is difficult for me to criticise it in any significant way.  I basically find myself in agreement with most of its points. So let me comment on four issues:

• The reasons for the creation of the G-20
• The major dilemma for the G-20 countries between reciprocity and S&D treatment for their own agriculture
• The role of the G-20 in Cancun
• The future.

I. The reasons for the creation of the G-20

Ambassador Barbosa mentions two main reasons for the formation of the G-20, one is a long term reason, the other more short term or immediate:

• The long-term reason is the disappointment or frustration of developing countries with the results of the UR AoA.
• The immediate reason is the fact that the Doha mandate in agriculture was interpreted by developing countries as ambitious while the main drafts for modalities were not ambitious enough.

I fully agree with these two explanations. However, I would go a little further in the long term or structural explanation. The disappointment of developing countries with the UR Grand Bargain ran very deep and it was not just in agriculture. I think that the failure at Cancun and the new proactive stance of many developing countries is anchored in these perceptions of unbalance from the Grand Bargain of the UR.

One way of describing this Grand Bargain is that developing countries would take on obligations in the “new areas” of “behind-the-border” disciplines such as intellectual property, sanitary and industrial standards, and services, and in exchange developed countries would provide better access to developing country products, particularly agricultural products and industrial products including textiles and clothing.

Recent research, by independent experts and the World Bank, confirms with fairly precise numbers the developing country perceptions about the unbalance of costs and benefits from the UR. In agriculture it is clear that the progress under the UR Agreement on Agriculture was more formal than real. Beyond the recent debates on TRIPS and public health there are reliable estimates that put the increase in net payments by IP users to IP owners in the range of between US$ 20 and 40 billion per year. Other perceptions of unbalance center around the back-loaded nature of commitments for phasing out quotas in textiles and apparel, and around the costs and burdens of implementation of commitments while promises for technical assistance are voluntary or best endeavor in nature.

The point is that many developing countries see the main challenge of the Doha Round precisely as rebalancing some of the problems of the Uruguay Round, and consider that this can only be done if developed countries are willing to address in an economically meaningful way the core market access issues of interest to the developing world. This also explains the reluctance of many developing countries to expand the agenda with many behind the border issues, such as the Singapore Issues.

Of course, there is an enormous diversity in the size, level of development and commercial interests of developing countries. And this means that some of the most important differences in negotiation positions are found among developing countries themselves. They are far from a monolithic group.

The second reason for the formation of the G-20 discussed by Ambassador Barbosa is the immediate one of frustration with the different modalities drafts (Harbinson, Joint US-EU, Perez del Castillo) which were found to be not ambitious enough and added to the long term frustration with the lack of progress in agriculture. And this was exacerbated by the fear of a repeat of the UR Blair House Agreement.

I think that in this respect there has also been an important learning curve. Experience and serious research has allowed developing countries to run the numbers of different liberalization scenarios. And I know Brazil, for one, had good quality empirical research that showed how developed countries have played around with the different domestic support boxes in order to accommodate their trade distorting policies. So even though these issues are not very transparent for the public debate, they are today much better measured by experts and much better understood by developing country negotiators than ten years ago.

II. Reciprocity or S&D treatment in agriculture

My second comment is on the key issue of developing country attitudes toward reciprocity versus S&D treatment in agriculture. Amb. Barbosa suggests in his points (a) and (b) that agricultural reform should proceed through developed countries reducing export and domestic subsidies, which is a perfectly legitimate and rational request and offensive interest, but by allowing developing countries to maintain their high levels of tariff protection. A lot of the argument in Cancun between the US and Europe on the one hand, and the G-20, on the other, focused precisely on the developed parties asking the developing ones for reciprocity and the G-20 resisting it.

And I guess the main reason why Canada, Australia, New Zealand and other Cairns Group countries were not invited to join the G-20 is precisely because at least some of the G-20 countries had a pretty hard line against significant reciprocity. And I would invite Amb. Barbosa to comment more on the relationship between the G-20 and the Cairns Group.

During the week in Cancun the differences within the G-20 countries as regards their own agricultural liberalization commitments were one of the main reasons why many thought the G-20 coalition would be unstable and would not resist the pressure. After the fact, clearly the group survived this kind of pressure pretty well. Post Cancun some countries left the group for a variety of different reasons, but not this one. However, for those countries still in the group the extent to which they will be prepared to open their own agricultural markets will be a major source of internal tension within the group as the Doha Round proceeds. We know the positions of countries in this respect are very diverse: what is the common denominator between Mexico, Chile and India, for instance? The Group includes a few countries that sometimes give the impression of being interested in playing against the system, or that they win when the system fails. While others, including Brazil, are business-like and want a deal. So I think the issue of S&D versus reciprocity is a major source of fragility for the G-20.

Ambassador Barbosa provides three main reasons for the defensive position of the G-20:

• One, that the worst distortions are caused by the developed countries that at the same time have very small farm populations. So it is up to them to have the largest burden of adjustment.

• Two, that the developing countries have no means of subsidizing agriculture.

• Three, “that developing countries have huge farm populations – 300 million in India, 800 million in China—that would be immediately and heavily penalized should agricultural tariffs come down abruptly, particularly for staple crops: the domestic markets would be immediately invaded by cheap subsidized imports, and millions of family farmers would be unable to sell their production, being thrown in misery. This is socially and politically unacceptable. Thus S&D for market access seems a rather logic and ethical option.”

I think that a defensive position that argues that tariff protection for agriculture should be allowed to remain high in developing countries when this protection should come down in developed countries is questionable and, at least in a strict sense, unsustainable:

• First, tariff reductions would not happen abruptly, but over extended transition periods, and I am sure developed countries will accept longer transition periods for developing countries.

• Second, it is important to look into the heterogeneity of products and conditions within countries. Many of the farmers in developing countries produce subsistence agricultural crops and are not in the export sector, so the output of this group is not highly impacted by imports. Many other farmers that do produce for the market in developing countries will also be well positioned to be winners if there is significant reduction of distortions in global agricultural production and trade.

• Third, keeping agricultural protection high in developing countries would involve a decision to keep relative prices of food high, which will act as a tax on the poorest sectors of the population. So, while one can see the rationality of a policy option that tries to maintain agricultural protection in developing countries, it is important to be clear that it also implies a cost, particularly for poor urban and rural families that spend a relatively higher percentage of their income on food.

This is not to say that S&D treatment has no validity. The agricultural transition has always been a major economic and social transformation for all countries, and has to be very carefully managed, including the need for major investments in rural infrastructure, agricultural extension and modernization. So there is some basis for recognizing S&D treatment.

Let me conclude with two main points in this respect:

The first one is that the dilemma between accepting reciprocity or insisting on S&D treatment will be a major source of tension, and potentially a major source of instability, for the G-20 during the Doha Round. I would argue that the effectiveness and cohesion of the group will depend to a large extent on its capacity to arrive at common defensive positions which do not completely rule out some measure of reciprocity vis-à-vis developed countries and among themselves.

Second, I am more concerned about agricultural negotiations in bilateral settings, such as the US agreements with Chile, Central America, the Andean Community, and eventually the FTAA. Here the US position seems to be to expect free trade in agriculture almost without exceptions from the developing country partners, allowing for a special agricultural safeguard, but without accepting a mechanism contingent on the removal of its own subsidies. Now, this is a separate discussion, but I float it here as a little provocation for the discussion.

III. The role of the G-20 in Cancun

The third issue I wanted to comment on is the role of the G-20 in Cancun. I agree with the view that the formation of the G-20 signals a turning point and is potentially a very positive development for the world trading system.

The stylized facts about agricultural protection provide a very strong economic --and also moral-- case for removing the restrictions and distortions to agricultural trade. This is why I really did not fully understand why the US trade negotiators had so much discomfort with the pressure, which was mostly on the EU, put by the G-20 in Cancun.

Perhaps there was a bit more rhetoric and posturing than necessary, at least by some countries in Cancun, and, as I just discussed, it is true that the initial G-20 position targeted mostly developed country policies and did not involve much reciprocity on the part of the Group. However, by most accounts the G-20 was, as Ambassador Barbosa argues, very business-like in its approach, clearly pushing the envelope in one of the most distorted sectors of world trade. In fact a comparison of the original Carlos Perez del Castillo text on agriculture before the meeting and the Derbez text suggests that the G-20 had a real impact in moving the center of gravity to a more ambitious outcome, which given the very ambitious US agricultural proposal of June, 2002 is arguably where the US wanted to be in the first place.

So it is difficult to disagree with the view that the discomfort and exasperation was not so much a reaction to the substance of the positions, but to the political and power challenge the G-20 represented to the traditional US-EU domination of the world trading system and to the domestic policies of these two large subsidizers.

And I think this is the main systemic lesson from Cancun. It is true that all countries lost an opportunity and this is regrettable and no cause for celebration of any sort. But it is also true that the catharsis of Cancun can be seen as a healthy development to the extent that it helps policy makers to think about the nature of the system again, and in particular to understand two main points:

• One, that with the new majority membership by developing countries the WTO is today a different organization, one where there has to be a different approach not just to decision-making and management of the negotiations but to the substantive response by the major players to developing country commercial interests.

• Two, that trade negotiations need to identify a more balanced negotiating set that is relevant to all members, where they all perceive significant benefits.

IV.  The future, agriculture in the Doha Round.

And this leads me to conclude with two general points and a question to Amb Barbosa.

First point: I think the major lesson of Cancun is that the Doha Round will not be successful unless developed countries are willing to address in an economically meaningful way the core issues of interest to the developing world. The strategy of expanding the agenda or linking with behind the border issues was ill advised and failed in Cancun. In other words, the Doha Grand Bargain, unlike the UR one, will probably not be market access in exchange for rules, but will probably gravitate much more around reciprocal market access liberalization.

Second point: this means that only real and painful reciprocity, from both North and South, will move the Doha Development Agenda (DDA) forward. There is just too much research around and increased understanding of the impact of market access on development and poverty reduction to have a new unbalanced Grand Bargain from Doha. But this also means that, since reciprocity is the engine of negotiations, the G-20 coalition cannot simply navigate with the S&D treatment flag, and it faces a hard internal negotiation about the extent of reciprocity it will be prepared to negotiate as a group. I think this will be the main challenge for the cohesion of the G-20 in the future.

The question to Ambassador Barbosa is this: In Miami last week clearly a new understanding between the US and Brazil emerged about the scope of the FTAA, whereby Brazil seems to be accepting now that domestic agricultural support and AD issues will be negotiated in the Doha Round, and in exchange the US seems to be accepting to pay a certain price in the level of ambition of the FTAA for these two exclusions. The question is: Could the US and Brazil build on this new constructive spirit and personal chemistry they showed in Miami to form the alliance for multilateral negotiations in agriculture that proved elusive before Cancun? Or, in other words, is there a positive impact of the spirit of Miami last week for the December WTO meeting?


Annex. Evidence of Unbalance from the Uruguay Round Grand Bargain


Agriculture

In agriculture, the progress in the UR was more formal than real:

• The tariffication process was progress, but post-tariffication levels remained very high.

• TRQs allowed only limited additional market access. According to OECD data, by the end of the 1990s, almost 28% of domestic agricultural production is protected by TRQs. The EU has 38 percent of its production protected by TRQs and the US 26%.

• As regards domestic support according to most evaluations the results were at best very modest. According to the OECD in some countries the reforms undertaken before the negotiations were sufficient to fulfill the new rules on reducing domestic support. (OECD 2001, WB:118). The support granted to OECD country producers was $248 billion in 1999-2001. (WB, 2003: 120).

• The World Bank also estimates that in 2005, even after meeting its Uruguay Round commitments to the Agreement on Agriculture, Western Europe’s average tariff on agriculture and food processing will still be around 30 per cent.

• Average agricultural tariffs in most industrial and developing countries remain much higher than tariffs for non-agricultural products. However, compared with the slow reform in OECD countries, the changes in protection in developing countries were significant in the 1990s. According to the World Bank, the average agricultural tariff declined from almost 30% in 1990 to 18% in 2000, a decline of 35%. And these reductions were complemented by the elimination of most export taxes as well as import licensing and many other quantitative restrictions.

• Another distortion in agricultural trade is that the proportion of agricultural tariff lines that carry non-ad valorem tariffs, that is, specific, compound, and mixed duties, is much higher in rich countries than in developing countries, an aspect that contributes to lack of transparency and much disguised protection.

• The World Bank characterizes the strong incidence of tariff escalation (the application of higher tariffs to semi-processed and fully processed raw materials and food) as “strikingly antidevelopment” and as one of the main impediments to export diversification for developing countries. It is important to note, however, that developing countries also apply systematic tariff escalation and high tariffs to the final stage of processing, suggesting potentially large gains if escalation is removed not only by developed but also by developing countries.

This list could continue, but the point is that the expectation that the UR Grand Bargain would allow significant additional market access to developed country markets in agriculture was not fulfilled. This perception, now confirmed by abundant research, has been a crucial element in the hardening of the position of some developing countries in agriculture, and is the fundamental reason why new coalitions, such as the G-20 were formed previous to Cancun.

NAMA – textiles and apparel

In non-agricultural goods some realities also led to perceptions of unbalance, particularly the back-loaded nature of commitments for phasing out quotas in textiles and apparel.

Intellectual Property

Even before the recent high profile debates on TRIPS and public health, the TRIPS agreement had been criticized as contributing to the unbalance of the UR results, particularly in that it has meant an increase in net payments by IP users to IP owners of around $ 40 billion per year.

A World Bank study compares the net gains from changed patent obligations with the gains from the UR liberalization on industrial goods by all WTO members. The comparison shows that TRIPs patents are worth 13 times more to the US than is the UR tariff package on industrial goods, and nearly four times as much to Germany, France and the UK. Conversely, for China, Mexico and the Republic of Korea, TRIPS-patents bring increased claims against them several times larger than what they gained from the UR tariff liberalization on industrial goods.

Implementation issues

Other perceptions of unbalance are found around the implementation issues and in the voluntary or best endeavor nature of the promises for technical assistance.

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