Why Tanzania Should Sign EPA Under EAC Bloc

Arusha; July 11, 2016 -----The East African Business Council (EABC) has appealed to the East African Community (EABC) Partner States to remain focused and united in having agreement with European Union (EU) as well as other third parties in order to safeguard the achievements of the EAC Customs Union.

The call comes hardly three days after Tanzania announced its position that it will bolt out of the comprehensive Economic Partnership Agreement (EPA) between East African Community (EAC) and the EU. 

The EU and EAC Partner States concluded EPA negotiations and the two parties initialed the Agreement last year with both parties (European Commission EC representing EU and EAC 5 Partner States-Tanzania, Kenya, Uganda, Rwanda and Burundi) agreed to continue with legal scrubbing and translation of the EAC-EU EPA into Kiswahili before signing and ratification of the Agreement by both parties.

The main reason for initialing the EPA was to avoid trade disruption between EU and EAC Partner States.

During the meeting of the EAC Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) which was held in Arusha on 23rd -27th May 2016 it was reported that translation of EAC-EU EPA into Kiswahili was finalized and circulated to EAC Partner States and shared with EU.

After consultations EAC Partner States in July 2016, agreed that the signing ceremony of EAC-EU-EPA will be on 18th July 2016 as EU Commissioner for Trade will be in Nairobi for UNCTAD XIV Conference. 

However Tanzania has announced that it will not sign EPA on the same dates citing what it termed turmoil at EU after UK referendum to exit from EU.

The EABC Chief Executive Officer, Ms Lilian Awinja says that if all 5- EAC Partner States sign the EAC –EU-EPA on the same date it will project the EAC region as a functional Customs Union

“Tanzania as current chair of EAC should take a leadership role in signing the Agreement as it has been committed to the negotiations since the formation of EAC-EU EPA configuration in October 2007. Before that Tanzania was negotiating EPA under South African Development Community (SADC) while the other 4-EAC Partner States (Kenya, Uganda, Burundi and Rwanda) were negotiating the EPA under Eastern and Southern Africa (ESA) configuration” Ms Awinja explains.

She further says that the UK exit from EU (as cited by Tanzania) should not be a reason to back out as signing with the remaining 27 EU Countries presents the EAC bloc with clear opportunities for export development. The agreement also gives the EAC.

According to her, Tanzania should be able to observe the deadline set by the EU of 1st October 2016 for ratification. After signing the EAC Partner States are supposed to ratify the Agreement by 1st October 2016 so the Agreement can came into force.

Costs of Tanzania Failing to Observe the deadline set by the EU on Ratification
·    After 1st October 2016 if `Tanzania would not have finalized ratification of EPA; the country will lose Duty-Free Quota-Free Market Access to EU market. This leaves Tanzania with the EBA (everything but arms), which is not a better option, as it will have more stringent rules of origin requirements.

 ·    Under EPA, EU market access offer consists of 100 per cent Duty Free, Quota Free access of EAC exports to EU, while EU access to EAC market consists of a gradual liberalization of tariffs over three phases spanning over 25 years, eventually reaching 82.6 % of imports from the EU by 2028.
 ·    Aiming at maintaining EU market preferences Tanzania may be compelled to opt for Everything But Arms (EBA) trade regime.  While EPA is expected to create some level of predictability and transparency in trade regime between EU and EAC since the Agreement is negotiated between the two parties, EBA does not since it’s a unilateral scheme provided by EU to Least Developed Countries (LDCs).  More importantly under EBA eligible members are assessed periodically by EU to ascertain their eligibility.  In addition, EBA contains stringent Rules of Origin while their Sanitary and Phytosanitary (SPS) and Technical Barrier to Trade (TBT) measures are non-negotiable.

 ·     Trade relations between Tanzania and EU will be disrupted given the fact that EPA is a continuation of Lome Convention  of which business community were familiar with in terms of Rules of Origin,  SPS and TBT.

·    Given the prospectus of natural gas and Tanzania vision of attainment of middle income economy by 2025, EBA will not be the best option as Tanzania will not be permanently categorized as LDC.


·    Most of investments in Tanzania (especially in floriculture) which are using  EPA trade arrangement to export in EU duty free and quota free  are likely to relocate to other EAC countries in order to be able to continue enjoying trade preferences.
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