Tag: SADC

Southern Africa International Arbitration Conference – 15-16 November 2017
Nov
15
Talkmore Chidede, tralac researcher, participated at the 2nd Annual Southern Africa International Arbitration Conference (SAIAC 2017) held on November 15th and 16th in Johannesburg, South Africa
From the TDCA to the SADC-EU EPA – the significant changes

From the TDCA to the SADC-EU EPA – the significant changes

Willemien Viljoen - 6 Dec 2017 Discussions

Willemien Viljoen, tralac Researcher, discusses the legal changes brought into effect with the transition from the TDCA between South Africa and the EU to the SADC-EU EPA

The Trade, Development and Cooperation Agreement (TDCA) has been governing the trading relationship between South Africa and the European Union since it entered into force (provisionally since January 2000 and fully since May 2004). The TDCA covers political dialogue; trade and trade-related issues; economic cooperation; development cooperation; and cooperation in areas including science and technology, environment, culture, social issues and health. During a review of the provisions of the TDCA the decision was made to align the review of the TDCA sections governing trade and trade-related aspects with the negotiations of the SADC EPA.

Accordingly, Protocol 4 of the EPA explicitly states those TDCA provisions to be repealed and replaced once the EPA enters into force. Most notably, all provisions pertaining to trade and trade-related aspects (except Article 31 on marine transport) will cease to be in effect. In comparison with the TDCA, the EPA brings significant changes to

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Safeguard measures in the SADC-EU Economic Partnership Agreement

Safeguard measures in the SADC-EU Economic Partnership Agreement

Willemien Viljoen - 6 Dec 2017 Discussions

Willemien Viljoen, tralac Researcher, discusses bilateral safeguard measures under the SADC-EU EPA

Safeguard measures are a temporary restriction, of fairly traded products, to protect a specific domestic industry from a sudden increase in imports which causes serious injury to the domestic industry of the importing country. A safeguard is a ‘safety valve’, giving countries the flexibility to temporarily rescind liberalisation commitments made. Generally, safeguards need to be applied on non-discrimination basis; the measure needs to be applied on the specific import product, irrespective of the source. However, regional trade agreements allow for an exception to this rule in the form of bilateral or regional safeguard measures which are only applicable between the countries party to the agreement. A case in point is the SADC-EU EPA which provides for general bilateral and specific bilateral safeguards. Furthermore, the EPA allows for the exception of goods imported from the SADC member states when the EU applies multilateral safeguard measures in terms of Article XIX of the GATT, the WTO Agreement on Safeguards and Article V of the WTO Agreement on

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Export opportunities for South African producers under the new market access conditions in the SADC-EU EPA

Export opportunities for South African producers under the new market access conditions in the SADC-EU EPA

Willemien Viljoen - 6 Dec 2017 Discussions

Willemien Viljoen, tralac Researcher, comments on the new market access provisions for South African agricultural exports under the SADC-EU EPA

The new market access provisions of the SADC-EU EPA came into effect on 1 November 2016 after two conditions were met: ratification of the EPA by the SACU member states and the bilateral exchange of notifications on Geographical Indications (GIs) by South Africa and the EU in accordance with Protocol 3 of the EPA. The new market access commitments have improved market access for South African agricultural products, including fish, sweet oranges, flowers, skimmed milk powder, canned fruits, frozen orange juice, wine, sugar and ethanol. The EPA allows for 96.2 percent of South Arica’s exports to the EU to enter duty-free, while 2.5 percent of South Africa exports have been partially liberalised. Only 1.3 percent of products exported by South Africa to EU countries are excluded from tariff liberalisation. Most of the products excluded from tariff reduction commitments are agricultural products, foodstuffs and beverages. Products not subject to tariff liberalisation include bovine meats and offal, flours (maize and

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