Joint report on the state of play of negotiations for an EU-India FTA
Joint report on the state of play of negotiations for an EU - India free trade agreement/broad based trade and investment agreement
Presented to the EU-India Summit on 10 December 2010
Overall state of play
Negotiations for a bilateral trade and investment agreement between the EU and India were launched in June 2007. The EU-India Summits in November 2007, September 2008 and November 2009 welcomed the progress achieved and reaffirmed both sides’ commitment to further intensify negotiations.
As of today, significant progress has been made in most areas of the negotiations and closure has been achieved in several areas. Engagement has been intensified in all areas requiring additional work and both sides intend to make all necessary efforts to conclude negotiations in the spring of 2011.
The following paragraphs provide an overview on the progress made and process ahead in the individual areas. The state of play of the individual chapters has also been confirmed by both sides with reference to the actual negotiating texts.
Trade in Goods
The chapter on trade in goods is well advanced.
Good progress has also been made in the tariff negotiations preparing the ground for exchanging revised offers. These revised offers will substantially improve both sides’ coverage, address each other’s market access priorities and be asymmetrical in the favour of India.
Trade Defence
As regards trade defence, agreement has been reached on most elements with minor work outstanding on safeguards.
Rules of Origin (RoO)
As regards RoO, substantive progress has been made on the RoO protocol. Detailed discussions have taken place on the specific rules to be incorporated in the Annex to the Agreement. Negotiations on the specific rules will intensify.
SPS and TBT
Agreement in principle has been reached on ambitious SPS and TBT chapters, which would contribute towards facilitating exports and reducing costs of compliance for exporters, while fully respecting each party’s legitimate public policy objectives. Some outstanding work needs to be completed concerning the Annexes.
Both sides agree that the chapter on trade in goods will be complemented by sector specific Annexes. Further work is required to finalize work on these Annexes.
Services
Progress has been made on the chapter on services. The EU and India agree that the final outcome should provide real additional market access opportunities for both sides. This will be reflected in offers which will be exchanged by an early date.
Investment
Both sides will intensify work on the investment chapter.
IPR
Both sides agree that the chapter will be based on and reflect legislative developments in the EU and India. Nothing in the Agreement would limit TRIPs flexibilities concerning access to medicines. The agreement will provide for high level of protection of GIs.
Competition
The competition chapter is almost finalised.
Customs and Trade Facilitation
Negotiations on a chapter on customs and trade facilitation are approaching conclusion thereby complementing the existing EU-India Customs Cooperation and Mutual Administrative Assistance Agreement.
Dispute settlement, mediation
Both chapters are almost finalised.
Procurement
The EU and India agree to start detailed negotiations on a bilateral procurement chapter and expert level interaction is expected to commence in December 2010.
Transparency
Negotiations on this chapter are underway.
Sustainable Development
Discussions on sustainable development are ongoing to identify the basis for an agreement on this issue taking into account the interests and concerns of both sides.
Conclusion
Recognising the substantive progress made in many chapters, the EU and India agree to expedite the process for concluding the negotiations by the spring of 2011. To this end, both sides have agreed to intensify work on all pending areas and to meet at the chief negotiators level on at least a monthly basis. A meeting of the Commerce Secretary and the Director General of Trade will take place in early 2011. A Ministerial meeting will be held in March of 2011.
