The Harbinson Draft
72. Prior to the 31 March 2003 deadline for modalities, and in
an effort to stimulate progress, the Chairman of the WTO Special
Session of the Committee on Agriculture, Stuart Harbinson, produced
what has become known as the Harbinson Draft (hereafter, Harbinson).
This paper is a suggested framework of modalitiescommitments
on market access, domestic support and export competitionand
was an attempt to bridge the gap between the diverse positions
held by WTO members[156]
(see figure 7). On market access, Harbinson tries steer a middle
course between the EU's proposal for a simple Uruguay Round type
reduction of tariffs, and the insistence of many members, including
the USA and the Cairns Group on a more aggressive approach to
tackling tariff peaks. Under Harbinson's proposals: goods with
the highest tariffs should see the largest tariff cuts; there
is an attempt to deal with tariff peaks and escalation; and developing
countries are required to undertake less substantial and slower
tariff reductions than developed countries. Harbinson also introduces
the notion of strategic or Special Products for developing countries,
in relation to which required tariff cuts would be much smaller.
These products are those which are crucial for food security,
rural development or livelihood concerns. And he suggests that
developing countries might be allowed to make more use of the
Special Safeguard Mechanism so that they can erect temporary barriers
to protect themselves from sudden influxes of imports of particular
products which threaten domestic production.
73. On developed countries' domestic support, Harbinson proposes
substantial (60 percent) reductions in Amber Box support, offers
two alternative approaches to limiting the use of the Blue Box
(capping and reducing by 50 percent in 5 years, or immediate elimination),
and slightly stricter eligibility criteria for Green Box support.
On export competition, Harbinson proposes the reduction and eventual
elimination of export subsidies 9 years from the conclusion of
the round, some new rules on export credits, and some tightening
of disciplines on food aid. LDCs are not required to make any
changes to their policies on market access, domestic support,
or export subsidies.
Figure 7: The Harbinson
Draft, proposed modalities
Market Access
|
Tariffs
|
Present level
|
Average cut
|
Minimum cut per tariff line
|
Time period
|
Developed countries
| Over 90%
| 60%
| 45%
| 5 years
|
15-90%
| 45%
| 35%
| 5 years
|
Under 15%
| 40%
| 25%
| 5 years
|
Developing countries
| Over 120%
| 40%
| 30%
| 10 years
|
60-120%
| 35%
| 25%
| 10 years
|
20-60%
| 30%
| 20%
| 10 years
|
Under 20%
|
25%
|
15%
|
10 years
|
Domestic Support: Amber Box (trade-distorting subsidies)
|
Developed countries: Reduce by 60 percent over five years
|
Developing countries: Reduce by 40 percent over ten years
|
Domestic Support: Green Box (at most minimally trade-distorting support)
|
Developed countries: No reductions/spending ceiling, but stricter eligibility criteria possible
|
Developing countries: Maintain at least present flexibility under the Agreement on agriculture
|
Domestic Support: Blue Box (direct payments under production-limiting programmes)[ 157]
|
Developed countries: Capped and bound, reduce by 50 percent over five years
|
Developing countries: Reduce by 33% over ten years
|
Export Competition: Subsidies[ 158]
|
Developed countries: Phase out 50 percent within five years, the rest within nine years
|
Developing countries: Phase out 50 percent within ten years, the rest within twelve years
|
Data source: BRIDGES Monthly Trade Digest, Volume 7, no. 3, p.5.
|
74. Given the diverse views of WTO members, it is not surprising
that the Harbinson Draft attracted criticism from all parties
to the negotiations.[159]
It was variously described as, lacking ambition, too ambitious,
and paying insufficient attention to the needs of developing countries.[160]
For the USA and the Cairns Group, Harbinson is not ambitious enough
in its proposals for tariff reductions and the elimination of
export subsidies. For the EU, Harbinson is unbalanced in that
it aims for the elimination of export subsidies, but does little
to discipline export credits, and leaves loopholes for the abuse
of food aid.[161] From
the point of view of developing countries, Harbinson fails to
take their particular concernsbe they preference erosion,
food security, or market accesssufficiently into account.
Stuart Harbinson himself explained to us that the Doha Ministerial
Declaration did not say "Do everything possible for developing
countries and do nothing for developed countries", but he
insisted that, "there is a lot for developing countries in
my paper".[162]
The Harbinson draft attempts to mediate between the interests
of the EU and the USA. As such, it says much about the nature
of WTO negotiations, even in what is billed as a "Development
Round".
75. As regards dumping, 10 to 12 years to eliminate export subsidies
is too long. There should be a complete ban on the use of export
subsidies, and the abusive use of export credits and food aid,
from day one of an Agreement on Agriculture. As regards domestic
support, a 60 percent reduction in Amber Box support is, given
its baseline of low 1999-2001 prices, less ambitious than it sounds.
Additionally, Harbinson would leave major loopholes in terms of
Blue Box, and particularly Green Box, support. As regards the
room for developing countries to protect themselves from dumping,
the concept of Special Products is helpful, but, if they are products
which are crucial for food security and rural livelihoods, they
should not be subject to any reduction commitments. Similarly,
the extension of the Special Safeguards Mechanism is welcome,
but the extent to which developing countries will be able to use
it remains unclear.
76. Harbinson fails to address fundamental questions about the
sequencing of agricultural liberalisation. It does not make sense
for developing countries to be forced to reduce tariffs more quickly
than developed countries reduce their domestic support and export
subsidies. As Ambassador Ransford Smith put it, on this issue,
Harbinson is "out of whack."[163]
We urge the UK Government, through the EU, to do its utmost
to ensure that developing countries are not forced to open up
their markets until developed countries eliminate the practices
which lead to dumping. There may be value in considering a "balancing
mechanism" which would allow developing countries to protect
their domestic markets in the event that distortions caused by
domestic and export subsidies are not eliminated.[164]
Finally, if this is to be a genuine development round, it seems
to us that the implementation schedule for reducing tariffs should
be based not on politically negotiated and somewhat arbitrary
time-frames but on clear developmental indicators.
Conclusions
77. Any agreement on agriculture must, at a minimum, pass two
developmental tests; will it stop dumping, and will it allow developing
countries to protect themselves from any continuation of dumping?
On both counts, despite making some progress, the Harbinson draft
fails,[165]
as will the CAP reform agreed recently. A development-friendly
outcome on agriculture must pass these tests, must not make the
poor pay for the poorest, and must:
a) Reduce tariffs and tackle tariff peaks and escalation.
b) Extend duty-free and quota-free access to all LDC exports
into all developed countries.
c) Ensure that tariff barriers are not replaced by other
protectionist barriers.
d) Include binding timetables to reduce and in time eliminate
domestic support and export subsidies of all types.
e) Compensate and assist current preference holders
and ensure the food security of the NFIDCs and LDCs.
78. Transforming world agricultural trade is a complex challenge.
But huge benefits would be gained by both the developed and developing
world simply by the implementation of sensible policies. A world
where millions of peoplerich and poorpay to subsidise
sugar production in Europe when it can be grown much more efficiently
elsewhere is an inefficient and unfair world. The savings made
from reform could and should be invested in development in much
more profitable ways. Indeed the Government should make a commitment
to transfer a proportion of any savings from CAP reform to its
development budget so that the losers from agricultural liberalisation
can be helped to move into other activities.
79. The CAP reform agreed by the European Union is welcome but
will do little to end the dumping of subsidised production.[166]
The EU must re-orient the support it provides to farmers, doing
its utmost to eliminate the distortions caused by billions of
euros of support. To treat CAP reform as primarily a domestic
issue is far too short-sighted. As CAP is reformed and agriculture
liberalised, preference holders must be compensated and assisted
to move into new lines of activity. In the interim, the CAP reform
agreed must be translated into greater flexibility at the WTO.
80. The UK has a reputation for international development of which
the Government is rightly proud. It ought not to allow this to
be overshadowed by what might be perceived by many in developing
countries as its continuing acquiescence to a European agricultural
regime which devastates livelihoods and hinders international
development. As well as implementing quickly the CAP reform agreed,
the UK must continue to exert pressure on its European partners
- particularly France - to deliver real development-friendly CAP
reform,
82
Ev 251 [ActionAid memorandum] Back
83
Clare Short, The dangers to Doha-see footnote 12. Back
84
Second LDC Trade Ministers Meeting, Dhaka declaration,
2 June 2003, p. 4, para 1. Available at http://www.sdnbd.org/sdi/issues/economy/ldc_dhaka/ Back
85
HC Deb, 26 June 2003, col 1220 Back
86
HC Deb, 26 June 2003, col 1223 Back
87
Oxfam, EU CAP reforms a disaster for the poor, 26 June 2003. Back
88
Q 514 [Valerie Amos, Secretary of State for International Development] Back
89
Q 56 [Michael Bailey, Oxfam] Back
90
Ev 3, para 10 [HMG memo] Back
91
Clare Short, The dangers to Doha-see footnote 12. Back
92
Q 51 [Michael Bailey, Oxfam] Back
93
Q 118 [Patricia Hewitt, Secretary of State for Trade and Industry] Back
94
Q 503 [Valerie Amos, Secretary of State for International Development] Back
95
Q 436 [Frieder Roessler, Advisory Centre on WTO Law] Back
96
This compares to an average Official Development Assistance contribution
of 0.23 percent of national income achieved by the OECD countries
in 2002. Back
97
OECD, Agricultural policies in OECD countries, Monitoring and
evaluation, 2003, p. 9. Back
98
Ev 245 [Rob Davies, South African National Assembly] and House
of Lords, Tenth Report of the Select Committee on the European
Union, Session 2002-03,Mid-term review of the Common Agricultural
Policy: External implications, HL Paper 62, Ev 14, Q 31 - available
at http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldselect/ldeucom/62/62.pdf Back
99
Ev 33, para 1 [CAFOD memorandum] and Ev 300-303 [Jamaican Dairy
Farmers Federation] Back
100
Q 56 [Michael Bailey, Oxfam] Back
101
Ev 33, para 1 [CAFOD memorandum] Back
102
Q 90 [H.E. Meles Zenawi, Prime Minister of the Federal Republic
of Ethiopia] Back
103
Q 56 [Claire Melamed, Christian Aid] Back
104
Q 504 [Dianna Melrose, DFID] Back
105
Communication from Ian Gillson, Overseas Development Institute
- figures from UNCTAD database. Back
106
Clare Short, The dangers to Doha-see footnote 12. Back
107
Ibid. Back
108
"CAP is something we can be proud of", Letter to the
editor, Financial Times, 23 September 2002. Back
109
WTO, Doha Ministerial Declaration, paras 13 and 14 - see
footnote 3. Back
110
Ev 1, para 3 [HMG memo] Back
111
Q 23 [Adrian Wood, DFID] Back
112
Q 473 [Jean-Claude Tyack, ACP London Sugar Group] Back
113
Q 415 [H.E. Ransford Smith, Jamaican Ambassador to the UN in Geneva] Back
114
Q 334 [Supachai Panitchpadki, WTO] Back
115
Q 187 [Franz Fischler, European Commission] Back
116
OECD Joint Working Party on Agriculture and Trade, Agricultural
policies in OECD countries: A positive reform agenda, November
2002. Back
117
Q 494 [Rob Davies, South African National Assembly] Back
118
Q 7 [Adrian Wood, DFID] Back
119
Q 139 [Pascal Lamy, European Commission] Back
120
Q 139 [Pascal Lamy, European Commission] Back
121
Q 105 [Patricia Hewitt, Secretary of State for Trade and Industry] Back
122
House of Lords, Tenth Report of the Select Committee on the European
Union, Session 2002-03,Mid-term review of the Common Agricultural
Policy: External implications, HL Paper 62, para 77 - see footnote
98. Back
123
Ev 285, para 3 [Centre for Research in Economic Development and
International Trade (CREDIT) memorandum] Back
124
Communication from Dianna Melrose, head of DFID's Trade Department,
27-6-03. Back
125
Q 340 [Supachai Panitchpadki, WTO] Back
126
Q 288 [Jonathan Peel, Food and Drink Federation] Back
127
Q 28 [Elaine Drage, DTI] and Q 31 [Ian Newton, DEFRA] Back
128
Oxfam, EU hypocrisy unmasked: Why EU trade policy hurts development,
May 2003, p. 3. Available at http://www.oxfam.org.uk/policy/papers/euhypocrisy/euhypocrisy.html Back
129
Q 187 [Franz Fischler, European Commission] Back
130
Ev 316 [Trades Union Congress memorandum] Back
131
Q 205 [Franz Fischler, European Commission] Back
132
OECD, Decoupling: A conceptual overview, p. 31. Back
133
International Centre for Trade and Sustainable Development (ICTSD)
and International Institute for Sustainable Development (IISD),
Doha Round Briefings Series, Agriculture, February 2003,
p. 1. Available at http://www.ictsd.org/pubs/dohabriefings/index.htm Back
134
Ev 252, para 4.8 [ActionAid memorandum] and Ev 43, para 7 [Oxfam
memorandum] Back
135
Q 133 [Patricia Hewitt, Secretary of State for Trade and Industry] Back
136
Ev 4, para 19 [HMG memorandum] Back
137
Ev 271 [Caribbean Banana Exporters Association memorandum] Back
138
Q 170 [Karl Friedrich Falkenberg, European Commission] Back
139
Oxfam, The great EU sugar scam: How Europe's sugar is devastating
livelihoods in the developing world. Available at http://www.oxfam.org.uk/policy/papers/27sugar/27sugar.html Back
140
"Short attacks government sugar lobby", BBC News
Online, 10 June 2003. Available at http://news.bbc.co.uk/1/hi/uk/2968580.stm Back
141
Ev 44, para 8 [Oxfam memorandum] Back
142
Q 24 [Elaine Drage, DTI] Back
143
LMC International Ltd, The possible effects of erosion of preferences
on ACP sugar producing countries. Back
144
Q 462 [Jean-Claude Tyack, ACP London sugar group] Back
145
Ev 4, para 20 [HMG memorandum] Back
146
Q 24 [Ian Newton, DEFRA] Back
147
Q 475 [Jean-Claude Tyack, ACP London Sugar Group] Back
148
Ev 271, para 8 [Caribbean Banana Exporters Association memorandum] Back
149
Ev 222, para 2.1.2 [ACP London Sugar Group memorandum] Back
150
Q 476 [Jean-Claude Tyack, ACP London Sugar Group] Back
151
Q 317 [Richard Eglin, WTO] Back
152
Ev 4, para 20 [HMG memorandum] Back
153
Ev 5, para 22 [HMG memorandum] and Ev 48, para 37 [Oxfam memorandum] Back
154
Ev 35 [CAFOD memorandum] Back
155
Ev 22, answer 6 [DFID response to written questions] and Q 510
[Valerie Amos, Secretary of State for International Development] Back
156
Oxford Policy Management, Stock-take of the WTO agriculture negotiations:
Implications for developing countries, March 2003. Available at
http://www.opml.co.uk/docs/ACF71D6.pdf Back
157
The draft also proposes a [bracketed] alternative: the immediate
elimination of the blue box for developed countries and after
five years for developing countries. Back
158
Unlike export subsidies, some export credits could be considered
in conformity with WTO rules, while others would be subject to
specific financing reduction commitments. Back
159
Q 492 [Rob Davies, South African National Assembly] Back
160
Oxford Policy Management, Stock-take of the WTO agriculture negotiations,
March 2003, p. 3-see footnote 156. Back
161
Q 187 [Franz Fischler, European Commission] Back
162
Q 328 [Stuart Harbinson, WTO] Back
163
Q 416 [H.E. Ransford Smith, Jamaican Ambassador to the UN in Geneva] Back
164
Luisa Bernal, Developing country proposals on modalities for further
reform in agriculture, February 2003. Available at http://www.cafod.org.uk/policy/proposals2003.shtml Back
165
Oxfam, Missing the point: Why Harbinson got it wrong - available
at http://www.oxfam.org.hk/english/resource/document/harbinson.shtml;
see also CAFOD/ActionAid, Development and agriculture in the WTO:
A comparison between the development box, the EU's food security
box and the Harbinson draft modalities, 10 March 2003 - available
at http://www.cafod.org.uk/policy/harbinson2003.shtml Back
166
Oxfam, EU CAP reforms a disaster for the poor, 26 June 2003. Back