Select Committee on European Union Minutes of Evidence


Examination of Witnesses (Questions 593-599)

Rt Hon Lord Mandelson, Mr Edward Barker and Ms Fiona Shera

6 NOVEMBER 2008

  Q593  Chairman: Welcome everybody to the open phase of this meeting of Sub-Committee A and a particular welcome to Lord Mandelson and his colleagues Mr Barker and Ms Shera. Can I ask everybody before we start, as this session is being broadcast, to put mobile phones not just on to "silent" but on to "off" because otherwise interference is caused. This session is being broadcast and we will appear on BBC Parliament and we are of course on the record. Lord Mandelson, as well you know, every word is being taken down and a transcript of the meeting will be provided to your office for correction. Thank you very much for coming. I know you have got a few other things to do, but we are really extremely glad to see you. We are in the process of finishing a long report on trade with particular reference of course to the EU and to the Doha Round and when we last saw you you were of course the Trade Commissioner. It is particularly pleasing to be able to ask you now in your position as the responsible UK Secretary of State the various questions of which I am sure you have had notice that we would like now to air with you, and indeed enable ourselves to complete our report. If you would like to start with a statement, Lord Mandelson, please do. If you do not particularly want to do that, if I may, I will start asking the questions. Which would you like to do?

  Lord Mandelson: Let me make a very short statement to say first of all how glad I am to be here again and to have this opportunity of meeting the members. Thank you for rearranging your time to accommodate my attendance at the Cabinet this morning. Secondly, to say that I hope that the opportunity that I will have to correct the transcript of what I say also applies to the press and the sketch writers who are behind me! Thirdly, to say that my passion for the Doha Round and my commitment to it, the evidence for which you have seen plenty of during the last four years, is undimmed in my new role. I regard the cause of world trade, the openness of markets, our ability to prevent the global economic machine rolling backwards under the pressure of protectionism as vital if not more vital now than it has ever been, but I also see trade as a huge opportunity for poorer countries in the world. The main feature of my approach to trade and development during the last four years has been to harness trade to the cause of development and that too will be undimmed as I exercise my responsibilities in my new role. Having said that, I am open to respond to any questions that you would like to put to me.

  Q594  Chairman: Thank you. Our first question with which I will lead off is that we have never felt that we quite understood how and why at the last minute the Round actually failed and in that context there are questions like was the Special Safeguard Mechanism the true reason for failure and what happened to services? Is there anything you feel able to tell us about why the Round did not make it in the end?

  Lord Mandelson: Let me say something very clearly and firmly at the outset: this Round has not failed. The ministerial meeting in July did not end in success in its objective of agreeing the modalities, that is putting in place the formulae for the reduction of tariffs in agriculture and non-agricultural market access and the formula for reducing agricultural subsidies. When the Director-General of the WTO called the ministerial meeting everyone said at the time that he was taking quite a risk, quite a gamble given the gaps that persisted in the positions and in the views of a number of key negotiators. Some suggested that he was inviting failure by calling this meeting of ministers prematurely before the groundwork, staff work, foot work had been done to bring everyone's positions closer together so that in a sense the ministers could sign off on the final detail, as it were. I did not agree with those who took that position. As the EU Trade Commissioner I argued that the ministerial meeting should be called despite the risks because I felt first of all that, as it were, technical negotiators and senior officials in many respects had taken the negotiation as far as they could and that now ministers needed to make some difficult political judgment calls which only ministers can do. Secondly, I felt that if the ministerial meeting did not take place before the summer the prospects of it taking place at all in the autumn would not be very great because of the American elections. My firm judgment was that whilst the US Administration would be prepared, as it were, to go for a ministerial meeting in July which was sufficiently far in advance of the American election date for them to take some risks in the negotiations, the possibility of their being prepared to do that would be reduced the nearer the election date they got. I feel that we were vindicated in that judgment because we did make substantial progress in a whole number of different areas in July. We agreed for example in respect of agriculture that the proposed reductions in agricultural trade barriers in tariff reductions would be set at an average of at least 54 per cent, with the highest tariffs enjoying the greatest cuts, in the case of the European Union something in the region of 70 per cent, and that trade-distorting subsidies also would be subject to agreed cuts, in the case of the United States I think it was again 70 per cent and in the case of the European Union 80 per cent. Those are very important offers and commitments and we signed off on them. In non-agricultural market access again the outcome of the position we reached in July was that we would be reducing the maximum industrial tariffs in the developed world to below eight per cent, with almost no tariffs above six per cent in the whole of the European Union, and that an important reduction would also be made in maximum tariffs in the developing world. For example, India's bound average tariff would fall from 45 per cent to 17 per cent. I could go on illustrating for you across the range the many tentative convergences and agreements that we reached, including, I might say, some important developments in trade in services, where significant indications were given by some of our key trading partners amongst the emerging economies that when the time came for them to make their final offers, which would be one or two months following the agreement of modalities at the ministerial meeting, some major new trading opportunities would arise within the international trading system. However, as you say, there were nonetheless some tricky issues on which we tripped up and the principal issue on which we tripped up, which became the effective cause of the failure to agree at the ministerial meeting and its inability to end in a successful conclusion, was that relating to the Special Safeguard Mechanism. This was a new piece of machinery to be introduced within the WTO that would allow developing countries with non-commercial agricultural sectors to use that mechanism to protect their agricultural sectors against sudden and substantial surges in imports in agricultural goods to their economies. That became the subject of very sharp disagreement, I am afraid, between India and other agriculturally defensive countries in the G33 group of developing countries and on the other side, the key agricultural exporters, who of course want to maximise their access to the agricultural markets of developing countries, in particular and led by the United States. That is why colloquially people said the talks failed because the US and India fell out. Well, they were the main protagonists in this disagreement but they were not the only ones. They had other countries, as it were, with similar interests lining up behind them. I was very disappointed when this happened and as Commissioner at the time used considerable effort throughout many days and nights to broker an agreement between the United States and India and those other countries that they represented or spoke for informally, but that I am afraid in the event was not possible. The Director-General himself contributed a Herculean effort and my admiration for Pascal Lamy knows almost no bounds. His energy, his stamina, his technical grasp and his ability to operate politically amongst so many cross-cutting interests and issues really was remarkably impressive. I notice that he has announced that he is standing for re-election as Director-General of the WTO and the British Government will certainly be supporting him very strongly indeed. In the end, it was a collective failure of the talks but not of the Round itself.

  Q595  Chairman: If I may be allowed a supplementary on this Lord Mandelson, did you feel that the Special Safeguard Mechanism failed to avoid talks on cotton tariffs or was it a broader failure to agree?

  Lord Mandelson: I suspect that what lies behind your question is a suspicion that the United States was keen to see the talks break down over the Special Safeguard Mechanism because they did not want to reach the point of having to make a substantive offer and reach agreement on the reduction of American cotton subsidies in advance of the American elections. I do not know whether that thought lay behind your question, but if it did it is not something on which I could possibly comment obviously! I know that the issue of cotton and subsidies is a matter of great political sensitivity in the American agricultural community which is well represented in a number of swing states, but beyond that I could not make any further judgment.

  Q596  Chairman: Can I have a go at something that is probably equally controversial. If a deal had been achieved were you confident that all the EU Member States would have supported it?

  Lord Mandelson: Yes.

  Q597  Chairman: Fine!

  Lord Mandelson: Yes in this sense: we were seeking to agree the modalities, the formulae by which tariffs and subsidies would be cut. We were not being invited at that stage to agree the ultimate single undertaking, the final deal of the Doha Round. In putting modalities in place we would have had at least six further months to negotiate the country-specific scheduling or application of those formulae to each and every member of the WTO. Only at the end of that scheduling process would we have reached the ultimate single undertaking on which every member of the WTO, including of course every member of the European Union would have to agree, because although as Commissioner I negotiated collectively on their behalf they nonetheless had their own independent memberships of the WTO, so in theory at the end of the day as individual members of the WTO any member of the European Union could in principle have raised their veto, their card against the adoption of the final single undertaking. At the stage of modalities, that was a stage of negotiation on which I as Commissioner had the mandate to negotiate on behalf of the EU without going back to ask the Member States to endorse what I was actually signing up to. However, politics of course is slightly different from constitutional theory. If the politics of those modalities had been such that a strong group, let alone a majority of EU Member States, had been really disgruntled with my negotiating tactics and the position I finally reached, they could have made that clear to me, and I would indeed have been left in an extremely uncomfortable position as the negotiator; I would in effect have had the carpet pulled from underneath my feet. In the event, when the outline deal began to emerge four days before the talks failed, I asked the Presidency of the Union to call a meeting of the General Affairs Council. That met on a Saturday morning and I put the scope, content and much of the detail of the emerging deal to the Member States, and whilst a number did express reservations about the balance of the emerging deal, the overwhelming and preponderant view of the Member States was that I should continue to negotiate on the basis of that emerging outline. I took that as an endorsement and a green light which enabled me to proceed over the next four days of negotiations. If we had succeeded in putting in place the modalities, and I would have brought that back to the Member States, I am confident in saying that they (some rather more enthusiastic than others) would nonetheless have gone along with the package that was emerging at that stage of modalities.

  Q598  Lord Maclennan of Rogart: Lord Mandelson, I wonder if you would be able to characterise the respective roles of the Presidency and yourself in constitutional terms?

  Lord Mandelson: Do I have to!

  Q599  Lord Maclennan of Rogart: It is clearly a matter for you but there was an issue during the negotiations and I do not think it should be regarded (perhaps you think it should) as a purely personal one. It seemed to me to raise constitutional questions about the respective roles of the Presidency and the Commission. In the outcome how did you view it?

  Lord Mandelson: I think I would put it in this way: the six-month Presidency in office of the EU, at that time and still now France, had a responsibility for bringing the Member States together, ensuring that I as the negotiator was properly answerable to the Member States and was able to explain and justify my negotiating actions and to give a proper opportunity to the Member States to express their views back to me about my actions. In that sense an accountability was operating but not one where the Member States were able to block or veto my negotiation on their behalf unless it could clearly be demonstrated that I was acting outside the original mandate given to me for the negotiations as a whole by the Member States. I would strongly contend—I did at the time and I would still now—that in these negotiations I was operating entirely within the mandate originally given to me, that I was not stepping outside this mandate and was not proposing to do so, and therefore on that basis the Member States should be content with my actions and that the role of Presidency was to reflect that. However, each Member State of the European Union of course has its own particular views, its own particular domestic interests, agricultural or otherwise, and it was really up to the Presidency to reconcile its role as President in office with the domestic interests and pressures that operated within its own country, its own economy and society, and of course I was entirely happy with the actions of the Presidency in their ability to reconcile those two things.


 
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