In June 1995, the General Affairs Council adopted directives for the negotiation of a comprehensive long-term agreement between the European Union and South Africa. With regard to the trade part of the agreement, the directives provided inter alia, for South Africa to be invited to initiate a process leading to progressive and reciprocal liberalisation of trade with a view to establishing a free trade area. If the South African Government was ready to negotiate such an agreement, the EU was to respond favourably on the principle of a free trade area corresponding to the EU's economic and commercial interests.
The General Affairs Council also decided as a general principle that before any steps are taken towards establishing a free trade area, the Commission should assess the compatibility of the planned agreement with WTO rules and the implications of such an agreement for the Union's common policies and for its relations with its main trading partners.
In line with this request, the Commission indicated in a recent assessment of a free trade agreement with South Africa that it was confident that such an agreement would survive any challenge contesting its WTO compatibility, provided the range of excluded products was limited. In reviewing the Union's common policies and particularly the CAP, the Commission recalled that the draft negotiating directives envisage that at the end of the general transitional period of about ten years, 55 per cent of EU agricultural imports from South Africa would be liberalised in the free trade agreement and that certain sensitive products, mainly fruit and vegetables, would be excluded entirely. In relation to the impact of a free trade agreement on third countries, the assessment by the Commission states that the agreement is expected to generate increased demand both in the EU and South Africa and will thereby create net additional export opportunities for such countries. The Commission has also confirmed that more detailed studies would be carried out, as necessary, during the course of negotiations with South Africa, and member states would be kept closely involved in the negotiating process.