Select Committee on International Development Minutes of Evidence


Memorandum from Dr Chris Stevens and Mr Keith Bezanson, Institute of Development Studies

THE FUTURE OF THE LOMÉ CONVENTION

THE EFFECTIVENESS OF LOMÉ

Trade

  When it was signed, Lomé I was hailed as an innovative form of co-operation that would herald a New International Economic Order, yet the subsequent economic performance of the ACP has been dismal. Has it failed? This is an impossible question to answer, since the ACP's economic performance without Lomé might have been even worse. But it is important to identify what has gone wrong.

The marginalisation of the ACP

  The trend in EU-ACP trade illustrates starkly both the extent of the decline and its implications for a relationship billed when it was negotiated as a "partnership" of mutual interest. The reasons for this marginalisation are such that there is unlikely to be an early return to the status quo ante.

  A reflection of this changed economic interest is to be found in data on EU import shares (Figure 2). In 1976, the ACP were the second most important source of EU imports from the five developing country regions covered in Figure 2, with over six per cent of the total. They were second only to the Mediterranean and well above Latin America, East and South-East Asia and South Asia. In 1995, by contrast, the ACP were the second least important source of EU imports from these country groups, and the only one to witness a declining share.

  Not only had imports from East and South-East Asia soared ahead (as might be expected), but the ACP had also lost position to Latin America, seen their share decline relative to the Mediterranean, and found South Asia emerging as a much closer competitor.

  A similar picture is painted by the share of EU exports to these five regions (Figure 3). Once again, the ACP have slipped over the period 1976-95 from the second most important to the second least important destination of EU exports. But their share has fallen more sharply so that by 1995 it was less than half what it had been only a quarter of a century before.




  Interestingly, one piece of conventional wisdom that is not supported by these data is that there has been an inverse relationship between preferences and trade performance. It is argued that because the ACP, with their substantial preferences, have lost market share whilst the East Asian and ASEAN states, with modest preferences, have an increased share, the preferences may have had a malign influence. There may be something to such an argument; the data in Figures 2 and 3 are too limited to undermine it. But it requires a broader perspective if it is to be supported. The ACP are not the only preferred group, and East Asia/ASEAN are not the only less preferred group. If the comparison is between the Mediterranean (high preferences) and South Asia/Latin America (low preferences) it is not so clear that there is any inverse relationship. The methodological problem with an analysis concentrating on the ACP and East Asia/ASEAN is in disentangling market access from the domestic supply position, for which the two groups are almost polar opposites.

  The poor performance of the ACP is emphasised in Figures 4 and 5, which provide information on the current value of EU imports and exports from all developing countries and from the ACP over the period 1976 to 1995. Whereas there has been a strong growth in the current value of EU trade with developing countries as a whole, in the case of the ACP the value of EU imports and, especially, exports has barely increased even in current terms. In real terms, there has been a substantial fall.



ACP economic decline

  Part of the reason for these dramatic changes is economic mismanagement on the part of some ACP governments, but it is not this aspect of the problem that is the focus here. If the problems were just the result of errors in economic policy then improved economic management might alter fundamentally the direction of change.

  The deep-seated element is that the nature of the European economy has changed (and will continue to change) in ways that affect its relative demand for the types of goods that the ACP are currently able to produce. Such changes are manifest in other OECD countries as well with the result that the foreign exchange earnings of ACP states are falling and, hence, so is their capacity to import.

  The relative importance of merchandise trade in European growth is falling (as, for example, trade in services increases its share) and, within merchandised trade, there has been a decline in the relative importance of primary products and an increase in the share of manufacturers. The decline in the value of primary trade reflects and, in turn, influences the drastic fall in world prices for most of the ACP's primary exports over the last decade and a half.

  The declining relative importance of primary products versus manufacturers in EU imports is illustrated in Figure 6, which shows for five years during the period 1976-95 the relative share in EU non-oil imports of primary products and manufactures. Whereas there was a roughly 50:50 split between the two at the time Lomé I was signed, by 1995 manufactures accounted for two-thirds, and primaries for only one-third of the total.


  It will comes as no surprise to discover that the ACP are more heavily dependent on primary products in their exports to the EU than are other developing countries. Whereas primaries have fallen from over 60 per cent to under 40 per cent of EU imports from all developing countries over the period 1976-95 (Figure 7), in the case of the ACP they have declined only marginally and are still around two-thirds. The most dramatic decline has been witnessed by ASEAN, but even the Mediterranean has seen a substantial change in the commodity composition of its exports to the EU over the Lomé period.


Aid

  In short, the world has changed dramatically since Lomé I was signed, but the ACP have failed to change with it. In consequence, a relationship that could be described in 1975, with only a certain degree of hyperbole, as a "partnership of equals" is now quite clearly very far from such an arrangement. It is a partnership of increasingly "unequals". Yet, the institutional framework for Lomé reflects its original ethos of equality. The loss of any semblance of equality may explain some of the stresses that are occurring within this framework, particularly in respect of aid.

  There has long been criticism of the quality of EU-level aid administration, but it has increased in strength recently less because of a deterioration in EU competence than because of sharpening squeeze on funds. The irony is that the criticism tends to focus on Lomé aid even though this is in general more effectively administered than is aid financed from the EU budget. This oversight (which stems probably from a lack of knowledge about budget aid and from a failure to appreciate its current importance) is unfortunate since the Member States have more effective influence over the Commission in respect of the budget than of the EDF. It is important that justified criticisms of Lomé do not translate into actions that reduce the share of EU-level aid that is relatively better administered in favour of the part that is relatively worse administered.

  Until now, the Commission has been a relatively modest channel for European aid spending. Figure 8 illustrates this, showing that throughout the period 1970-94 Commission spending was much smaller than total aid spending by the Member States, and that it tended to follow the same upward or downward trend as total European aid. The reason for this is that the Member States are the ultimate source of all European aid and that they have various possible spending channels open to them.


  At the 1995 Cannes Summit the EU took decisions foreshadowed at the 1992 Edinburgh Council. Their effect is to alter the proportions of the aid given by the European Member States that are channelled through Union, multilateral and bilateral institutions, as well as the share of aid going to Eastern Europe and the former Soviet Union, the Mediterranean and sub-Saharan Africa.

  The twin stimuli for the decisions were:

    —  the need to allocate the totals agreed for external spending under the Delors II financing package in 1992;

    —  and the requirement to agree the aid allocation under the flagship of EU Development Co-operation, the Lomé Convention.

  At the December 1992 Edinburgh Council meeting it was agreed that the EU's external spending could rise annually by up to six per cent in real terms for the rest of the decade. The principal candidates for such external expenditure are the economies in transition and some developing countries, principally those in Asia, Latin America and North Africa.

  Developing countries in sub-Saharan Africa, the Caribbean and the Pacific (ACP) are excluded as a result of one of the historical quirks associated with the emergence of Community-level policies towards developing countries. This is because, as signatories of the Lomé Convention, their aid is charged not to the budget but to the extra-budgetary EDF.

  Although the bulk of Union-level financial aid used to be channelled through the Lomé Convention, this is no longer the case (Figure 9). In the mid-1980s disbursements of financial aid from the budget were at only half the level of the EDF; by the early 1990s they were at almost the same level. As the budgetary aid programme has grown, the extra-budgetary nature of the EDF has come increasingly to appear an anomaly. And in Cannes it proved to be a dangerous anomaly for the ACP: the EU has used the opportunity created by the division to, virtually, freeze the level of aid to the ACP and, so, offset to a certain extent the Edinburgh commitment.


  The Edinburgh Summit, a compromise on Delors II acceptable to all, was a time-bomb for the Member States' aid programmes. As is evident from Figure 8, the European states have already begun to cut their total aid after several years of increase. This process is set to continue as budgetary pressures bite. By agreeing substantial annual increases in the Union budget for an area of spending that is stagnant at national level, at best, it determined that there would be a change in the balance between competing channels for aid disbursement. When the Union institutions spend aid, the charge is distributed among the Member States according to their agreed share of the EU budget and, in turn, debited to their national aid allocations.

  An increase in Union spending thus reduces the amounts available for disbursement through competing channels, including the national bilateral aid programmes and multilateral organs such as the World Bank. The severity of the squeeze depends upon the proportion of a donor's total aid that is absorbed by the Commission-administered programmes, and this varies widely between the Member States. Over 1991-4, for example, France's contribution to EU spending absorbed 11 per cent of its total aid; for Germany the proportion was 18 per cent; and for UK it was 23 per cent (see Figure 10). The differences are due to the differing sizes of the total aid budgets of each of the states.


  Competition between bilateral and Union-level aid is already a particularly severe problem for the UK because it has tried to continue a substantial global bilateral programme with a total aid budget that has been stagnant in real terms whilst Union spending has increased. If the Delors ceilings were to be honoured in full, without any increase in the UK aid budget, Britain's contribution to Union-level and other multilateral aid could absorb almost two-thirds of UK aid by the end of the century. This would result in a substantial change in the character of British bilateral aid, turning it from a global player to a much more limited donor, probably concentrating on a small number of recipients.

  Similar, but less acute, strains are also being felt by other Members States. In consequence, an increasing number (led by Germany and the Netherlands) are questioning both the effectiveness of Union-level aid and their national share of the Union budget.

Relative effectiveness of aid administration

  The growing realisation, among policy-makers, administrators and lobbyists, that there is a trade-off between national—and Union-level aid has resulted in an increased tempo of criticism of the activities of the European Commission as an aid donor. In the immediate aftermath of Maastrict, the Commission had taken the initiative to propose that the objective of greater co-ordination mentioned in Article 130x could be achieved by the national administrations ceding powers to the Union level. Such moves were resisted by the Member States, but they have now begun to suggest various forms of work sharing in an effort to protect bilateral programmes.

  A common theme of proposals for change is that there are some types of development co-operation that are more suited to Union-level action and some that are better done at a national level. A related theme is that the Union budget could finance some of the national-level activity.

  Typical of the suggested Union-level actions is aid in support of structural adjustment. The EU Commission is the only European donor to be directly involved in an open way in aid for structural adjustment and, given the nature of the exercise, it is more useful to have a small number of substantial donors rather than a large number of smaller ones. This is because aid for balance-of-payments support is typically linked to policy conditionality, with the recipient agreeing to undertake various economic and political reforms which the donors claim will help to alleviate the problems that give rise to the need for structural adjustment. The nature of these policy conditions is an area of some considerable controversy, with the World Bank (the most influential structural adjustment donor) being the target of much criticism from some quarters for requiring inappropriate policy changes. Whatever the rights or wrongs of this debate, one clear feature of the situation is that a recipient state cannot follow two or more conflicting sets of policy conditions. Hence, a proliferation of donors, each with their own requirements, is likely to be positively damaging to the process of reform.

  Typical of the areas of activity that are suggested for national actions are traditional projects in support of the productive or social sectors of the recipient country. It has been pointed out that many of the European donors have built up a substantial body of expertise in areas such as agricultural development, health sector reform or educational policy and planning. The European Commission cannot match the combined expertise of the Member States, it is argued, and so the effectiveness of aid will be enhanced if it is administered at the national level. A corollary of this argument is that if the Commission's budget exceeds its capacity to implement efficiently, while some Member States have spare administrative capacity, it would make sense for the Commission to sub-contract the implementation of project aid to national public agencies (in exactly the same way in which it currently sub-contracts some aid implementation to private NGOs).

WTO COMPATIBILITY

  One of the catalysts for change to Lomé is the serious concern that it is incompatible with the WTO. This section examines the source of this concern, which is closely linked to a dispute over EU banana trade policy.

  To a certain extent the rules administered by the WTO are more stringent than the old regime under the General Agreement on Tariffs and Trade (GATT), but this is not the main source of change. Rather, it is a change of attitudes: exceptions from MFN treatment are now viewed in a more sceptical light than in times past. In the opinion of the Union, the preferential access provided to ACP exports was justified under Article XXIV of the GATT read in the light of Part IV and, in particular, Article XXXVI paragraph 8 under which developed countries "do not expect reciprocity" for preferences given in trade negotiations to less developed countries.

  This view was challenged by a GATT panel established following a complaint over the new banana regime (see Annex B). In response the Union sought and obtained in 1994 a waiver for the Lomé Convention from the MFN rule under Article XXV. This removed the immediate questions about the validity of the Lomé Convention under the GATT. But while the waiver, since renewed by the WTO, has provided some respite, the problem is unlikely to go away. Moreover, many other elements of the EU's pyramid of privilege might be vulnerable were they to be challenged in the WTO.

  The incident has highlighted the less tolerant attitude of the international community towards trade regimes that can be portrayed as being discriminatory, and the issue of "WTO compatibility" was to the fore in the EU's policy making over an appropriate trade regime with the new South Africa. It is also behind the EU's proposals for reform to Lomé and the renegotiation of the Mediterranean accords as free trade agreements (FTAs).

  The task is to transform the EU's accords so that:

    —  they are compatible with Article XXIV;

    —  or they are compatible with the 1979 Enabling Clause relating to Part IV;

    —  or, failing that, they command sufficient support for continuing the waiver under Article XXV.

Justification as an FTA

  The formal procedure for obtaining WTO approval for an FTA is fairly straightforward. Two salient requirements of Article XXIV are that the FTA must be completed "within a reasonable length of time" (newly defined in the WTO as a period that "should exceed ten years only in exceptional cases") and that "duties and other restrictive regulations of commerce. . . are eliminated on substantially all the trade between the constituent territories" [GATT 1947: Part 3, Article XXIV, paragraphs 5(c) and 8(b); WTO 1995:32]. The parties to the agreement should notify the WTO following signature.

  Under the GATT, notification was generally followed by the establishment of a working group (membership of which was open to any country that felt it to be in their interests to belong) which produced a report that should then be adopted by consensus by the Council. This practice is set to continue under the WTO. The majority of these cases notified to the GATT were interim agreements, some of the provisions of which came into effect before the relevant working group had completed its deliberations.

  It would appear, therefore, that to be accepted by the WTO an FTA requires universal approval (because of the practice of achieving consensus). However, during the time of the GATT this was rarely achieved. As of January 1995, a total of 98 agreements had been notified under Article XXIV, but only six (of which only two are still operative) had been explicitly acknowledged as being in conformity with Article XXIV. In other words, the formal requirements for legitimisation of an FTA are high, but in the past a failure to achieve these has not proved to be a barrier to those countries wishing to create one.

  The problem with this approach is that it is infeasible to expect all of the ACP to enter into a genuine FTA with the EU. The infeasibility is on both sides. The very limited approach of the EU towards South Africa illustrates that the Union does not currently possess the political will to agree substantial trade liberalisation in key product areas, notably the Common Agricultural Policy (CAP). On the ACP side, there are some states that could sustain their part of an FTA, but with the EU offering little or nothing in terms of improved access as a quid pro quo it is unlikely that they will find it an attractive proposition. The Commission itself has cast doubt on the feasibility of a single FTA linking the EU with all ACP (see below).

Justification as a development policy instrument

  The main problem with any EU attempt to justify any of its preferential accords other than the standard GSP in relation to the 1979 Enabling Clause is that they do not cover all developing countries. In this respect, therefore, Lomé is no different from the bilateral accords that have not yet been transformed into FTAs and, arguably, the Super GSP, given that it is not limited to a recognised group of especially poor countries. It would seem impossible to overcome this limitation, unless either the liberality of the Lomé preferences were extended to all countries or they were reduced to the level currently available under the GSP, or something in between. The first seems very unlikely, since the EU has given no indication of a political willingness to extend deep preferences to the more competitive, larger developing countries. Any generalisation would tend, therefore, to be downward. This would not only erode the ACP's margin of preference (and would therefore be opposed by those countries), but would also effectively increase the EU's absolute level of protection.

Justification through a waiver

  The third option is the one adopted by the EU in 1994 to seek a waiver from the MFN rule under Article XXV. A majority of the 28 waivers granted since the inception of GATT have involved preferences granted by developed to developing countries on a non-reciprocal basis. The Marrakech Agreement has made more onerous the rules for approving a waiver than was the case under GATT (when the Lomé waiver was agreed). The level of support required for approval of a waiver has been increased from a two-third majority under the GATT to a 75 per cent majority under the WTO. This is still less onerous than the consensus required for an Article XXIV approval of an FTA but, as explained above, this requirement has been honoured mainly in the breach. In other words, it appears arithmetically more easy to obtain a Lomé-style waiver than an FTA approval, but the consequences of a failure to achieve positive support for an FTA appear to be less damaging to the continued existence of a trade policy than does the failure to obtain a waiver.

THE GREEN PAPER OPTIONS ON TRADE

  In its Green Paper [EU, 1996] the Commission floated four possibilities for change to the trade regime after Lomé IV, together with a couple of pick-and-mix options, for each of which it considered quite openly some of the disadvantages as well as the attractions. The four are:

    —  maintenance of the status quo;

    —  integration of Lomé into the GSP;

    —  what is called "uniform reciprocity";

    —  and differential reciprocity.

  The four key attractions of the status quo identified in the Green Paper are that it is a known quantity, that it maintains contractuality, that it keeps the ACP at the apex of the pyramid of privilege, and that it provides the best chance for maintaining preferences on sensitive products falling under the CAP.

  In the Commission's view, there are three problems with a continuation of the status quo. The first is the need to obtain WTO waivers on a recurring basis. A second, which follows from this, is that the security of the Lomé Convention will be reduced, with implications for both trade decisions and the attractions of the ACP group for foreign direct investment. Third, a continuation of the status quo would mean a continuation of the barriers introduced between geographical neighbours (such as the Caribbean and Central America) and between ACP states and other industrialised countries.

  In the case of integration into the GSP, the Commission sees two advantages. One is that it would harmonise EU policy by bringing the two most extensive of its non-multilateral accords under the same umbrella. It would also remove discrimination between developing countries.

  Against this, there are three clear disadvantages. The first is that it would permanently dismantle the Lomé package approach of aid and trade, and would fundamentally weaken the "partnership" principle both between the EU and the ACP, and within the ACP group. Second, it would also, to use the Commission's own words, "reduce drastically" ACP preference margins, including those on the CAP products subject to special access under the Lomé Convention's commodity Protocols. In effect, it would probably mean the complete abandonment of significant EU market access on sugar, and a sharp reduction on beef and to a lesser extent, rice. In consequence, despite the liberalisation agreed under the Uruguay Round, the EU's important regime for key CAP products would become markedly less liberal. Finally, it would remove the security provided by Lomé's contractuality.

  The EU defines the concept of uniform reciprocity as one in which all ACP states provide the EU with reciprocal tariff reductions. This proposal would certainly reinforce the partnership of Lomé and, if it could meet the requirements of the WTO Article XXIV, would also increase security, with arguable beneficial effects on both trade and foreign investment. It would also harmonise the relationship that the EU has with the ACP on one hand and with its southern and eastern neighbours on the other.

  Against this there is one overwhelming problem: as the Green Paper recognises, the idea is wholly infeasible! The Paper does not even consider the point of whether each ACP state would have to liberalise also with respect to all 69 other states. If they did not do so, there would be horrendous problems with the rules of origin required to prevent intra-ACP trade being routed via Europe. Another, less serious, problem is that it would remove the possibility for differentiation between ACP states on the basis of geography, level of development, or anything else.

  Because of these problems, the Green Paper also puts forward the concept of differential reciprocity, under which only some ACP states would reciprocate. Under this proposal, there would be more variety in the regimes of different ACP states and groups among them. According to the Green Paper, this approach would reap "all the benefits" of uniform reciprocity, allow differentiation according to the conditions, and facilitate integration between ACP states and their non-ACP neighbours. However, it is far from clear exactly how this would occur, and how feasible it would be. Among the disadvantages recognised by the Green Paper are the loss of ACP integrity, problems for states that are not members of sub-regions that negotiate special deals with the EU, a continuation of possible compatibility problems with the WTO and, significantly, the loss of the commodity Protocols and CAP preferences.

A BLUEPRINT FOR THE POST-LOMÉ WORLD

Retaining the merits of Lomé

  Apart from the fact that it is rooted in discrimination against third parties, and has evidently not prevented the marginalisation of the ACP in Europe's trade, are there features of the Lomé Convention that deserve to be preserved? The answer is yes.

  There is a serious danger that the net result of change, justified in relation to coherence with development priorities and multilateralism, will be simply to make the EU's overall trade policy a little less liberal and its aid spending no more poverty-oriented. This is because Lomé has certain positive features that do not exist in other accords and would have to be recreated if a successor regime were to represent an improvement.

  There are two key characteristics of the EU-ACP relationship that derive from the Lomé framework and are not found in the GSP. They are partnership and contractuality, Even if Lomé is no longer a credible partnership of equals, it does retain a contractual characteristic and its consultative arrangements have a lasting value in easing the most sensitive areas of policy dialogue. One long-standing criticism of preferentialism vis-á-vis multilateralism is that the latter provides a security absent from the former. Until now, this criticism has not been valid in relation to Lomé. The negotiated nature of the Convention marks it out from, for example, the GSP and the plurilateral framework, which allows the ACP to unite to offset their inherent weakness vis-á-vis the Union, distinguishes it from the bilateral accords with Europe's Southern and Eastern neighbours.

  Possibly the most important achievement of the Lomé Convention has been to erode the artificial divisions that existed previously between the ACP sub-groups. Even though relations are not always harmonious, it is easy to forget how poor were the contacts even between Anglophone and Francophone Africa prior to the first Convention. This linking of three geographically disconnected regions in the ACP group may have outlived its usefulness but it is reasonable to argue that no change should be introduced that drives a wedge between, say, Anglophone and Francophone Africa, between West, East and Southern Africa, or between other sub-groups. The difficulties being created between South Africa and its SACU and SADC partners in Southern Africa as a result of their different trade regimes with the EU illustrates the danger.

  The EU does not have a trade policy model other than Lomé that provides any degree of certainty and contractuality to more than one partner state. Two major attractions of the Lomé trade regime over the GSP are that it is negotiated and contractual, and that it allows the ACP to diversify into new exports without bureaucratic obstacles save in the case of the most sensitive agricultural items.

  The GSP is an autonomous EU instrument which is not negotiated and which can be altered by the EU of its own volition. This reduces the benefits of the system to all parties, both importers and exporters. In the case of new exports, Lomé provides an agreed mechanism for extending preferences to non-traditional products as they emerge. In the case of industrial goods this is straightforward: Lomé offers duty-free access to all items meeting the rules of origin. The same applies to non-traditional, non-sensitive agricultural items and to minerals. The only exceptions are for sensitive agricultural items and, even here, there is a clear procedure within Lomé for negotiating extensions of tariff quotas and calendars as the volume of exports increases and for introducing preferences on entirely new products as the prospect of exporting emerges. None of this applies to the GSP which may be amended in its details at the instance of the EU but not, in any respect, at the request of the developing countries.

A proposal

  It is clear that the Lomé Convention is not perfect but also that it has positive features that might not be preserved in any of the obvious alternative regimes. One way of moving forward that might be politically feasible would be to develop the innovation introduced for South Africa. That is, to use Lomé as an umbrella relationship with elements that are selected on an á la carte basis by different countries.

  This would allow the ACP to be joined by other least developed states, Central America and the Andean Pact (the Super GSP beneficiaries) and (more contentiously) other areas as members of a Lomé-style Convention in which they share certain common arrangements. But the precise details of their trade and aid relationship with the EU would be subject to individual and regional negotiation.

  On the trade side, this could involve the extension of a single set of origin rules but with the breadth and depth of product coverage being determined by sub-regimes which could range, for example, from the GSP at one end to an FTA at the other. On aid there could be sub-regimes with different levels of provision and administrative arrangements depending upon the needs of countries within each group. It might be feasible, for example, to continue the EDF for all ACP states and to retain its current administrative arrangements. However, by bringing budgetary aid within the purview of Lomé (as has been done with South Africa) it would offer the opportunity for additional aid to be provided under a different administrative framework in cases where this was acceptable to both donor and recipient.

  Such suggestions are currently in advance of official thinking. The power of inertia is considerable in political and bureaucratic affairs, so it would be imprudent to assume that there will not be a Lomé V that is similar to its four predecessors. But, if that is the case, the ACP may still lose by default. The growing importance of aid from the EU budget is likely to continue the squeeze on the EDF. And on trade, the evident concern of the EU in negotiating FTAs with its southern and eastern neighbours (despite the difficulties over agriculture) is unlikely to leave much space for extending Lomé to offset the erosion that will begin to bite in the new century.


 
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