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JOINT COMMITTEE ON AGRICULTURE AND FOOD debate -
Wednesday, 18 Oct 2006

WTO Negotiations: Presentation.

The joint committee is now in public session. I remind members and witnesses to ensure their mobile telephones are switched off for the duration of this meeting. It is important as a courtesy to witnesses and committee members. Mobile telephones cause serious problems for broadcasting, editorial and sound staff. An apology has been received from Deputy Ferris, who cannot be with us today. The minutes of the meeting for 4 October last have been circulated. Are they agreed? Agreed.

Before we commence, I want to draw the attention of witnesses to the fact that while members of the committee have absolute privilege, the same does not extend to them. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against any person outside the House or an official by name or in such a way as to make him or her identifiable.

I welcome Mr. Tony Burke, who is an assistant secretary in the Department of Agriculture and Food, and Ms Bríd Cannon, who is a principal officer in the Department. They will update the joint committee on the current status of the WTO negotiations and the Doha negotiations. I ask Mr. Burke to make a presentation to the committee.

I am pleased to have this opportunity to discuss with the joint committee the progress being made by the World Trade Organisation. A few months have passed since we last attended a meeting of the committee. As the Chairman mentioned in his introduction, we will update the committee on the progress being made and comment on the outlook for the future. We will be extremely brief in our comments on those matters.

I will start by reviewing the developments since the last time we attended a meeting of the joint committee. I am sure the members of the committee are well aware of the various issues pertaining to the WTO. We will go through them fairly quickly and we will endeavour to answer any questions which are asked later in the meeting.

The WTO negotiations are currently stalled, in effect. They were abandoned, postponed or suspended — whatever term one prefers to use — by the Director General of the WTO at the end of July, essentially as a result of the lack of progress that was being made. A further deadline for progress had been set at a ministerial meeting in Hong Kong in November 2005. The negotiations were postponed, however, in the absence of any progress in meeting that deadline. It is difficult to know when the negotiations might resume in a serious fashion. They seem to be inextricably linked with the electoral process in the United States. Essentially, the talks broke down because the US was demanding too much and was refusing to give very much in return. The European Commission and Europe as a whole are usually in the doghouse following the negotiations, but the US was blamed this time.

The outcome of the elections which are taking place in the US next month, as the committee is aware, will have an important bearing on the development of the WTO negotiations. If the Republican Party loses those elections, the likelihood of an agreement will decrease because the Democratic Party is likely to take a more negative view of the opening up of international trade.

If the Republican Party wins, there may or may not be an extension of what is known as "fast-track authority". The US Administration currently gets fast-track authority from Congress to negotiate foreign trade agreements. After such agreements are negotiated, Congress votes to accept or reject them in their entirety. In the absence of a fast-track mechanism, every element of the agreement will be raised and voted on in a debate in Congress.

It is obviously extremely difficult to reach agreement in such circumstances. For example, lobby groups will want to get involved in every aspect of the agreement. The US ratifies international agreements with the assistance of the fast-track mechanism I have mentioned. If such a mechanism is not available, it is much more difficult for the US to ratify agreements. If the Republican Party wins the forthcoming elections, it is possible that the fast-track process will be extended. If it is not successful, there is no such prospect. That would have an impact on the potential for an agreement to be reached in the short term.

I will give the committee an outline of the general consensus on future prospects. Those prospects will depend on the outcome of the US elections, as I have said. The process of deliberation on the US farm legislation, which will take place early in the new year, is the equivalent of the CAP reform process. We do not expect anything remotely like CAP reform to emerge from the US process. It is possible that the US will engage in much more serious negotiations at WTO level during that period.

Serious progress could be made by March or April of next year and an agreement could be reached later in 2007. If no common ground is found during the process I have described — if an intransigent position is adopted by the US — no agreement will be reached next year. There is a consensus that, in such circumstances, no further serious negotiations would be possible until 2009. That would have advantages and disadvantages for the European Union. An advantage is that if there is no agreement, the EU will not be subject to tariff cuts, domestic support cuts and all the other cuts it faces at WTO level. However, a serious disadvantage is that the EU has been negotiating on the basis of the CAP reform it has undertaken. It has been looking for credit for those reforms during the negotiations. If the negotiations drag on until 2009 or beyond, the memory of CAP reform will begin to fade and the European Union may even contemplate further CAP reform. In that case, we will find it much more difficult to get credit for what we have done and come under pressure to concede more. A long postponement has advantages and disadvantages.

To refresh members' minds on the issues, the Doha mandate is designed in agriculture to achieve substantial cuts in the levels of support and protection available under the headings of domestic support, export subsidies and market access. Substantial progress was made in the framework agreement of August 2004 and at the Hong Kong meeting last year, at which some members were present. Little progress has been made since the Hong Kong meeting, with the result that a series of issues, as outlined in the notes, remain to be settled. Despite the substantial progress made and five years of negotiations, solutions to almost all the major issues are outstanding. These include the level of cuts in domestic support and the criteria for non-trade distorting support. The latter refers to the green box, with which most members will be familiar. If a payment falls within that category, it is exempt from cuts. The Department will seek to ensure direct payments fall within this category. However, the details have not been settled.

Although the end date for the termination of export refunds was agreed in Hong Kong, practical arrangements have not been. Ireland has a serious and direct interest in ensuring parallel treatment for export refunds and credits for the activities of state trading enterprises and food aid. This is very much an offensive interest for the European Union. The United States operates a system of export credits, while some of the major exporters, for example, New Zealand, Australia and Canada, have state trading enterprises. The United States has a large food aid programme, of which we are highly critical. We must secure equal treatment for all these mechanisms in return for export refunds but the details have not been agreed.

As regards the level of tariff cuts, considerable debate has taken place without agreement. The definition and treatment of sensitive products forms part of this debate. Despite five years of relatively intense negotiations, there is still a long way to go in this round.

I set out the Department's overriding priorities to ensure any agreement concluded does not necessitate further reform of the Common Agricultural Policy. EU reform of the CAP in 2003, including the introduction of decoupling and other measures, was introduced with the World Trade Organisation in mind but it has given us no credit for these reforms. We do not wish to pay twice; in other words, we do not want the 2003 reform package overlooked or to endure further CAP reform. The Minister's bottom line is that there will be no further such reform. On the specifics, Ireland will seek to protect direct payments from any cut. On export subsidies, a date has been agreed for their termination but we want reciprocal and parallel treatment for all forms of subsidy to ensure the European Union is not alone in suffering the pain. On market access, Ireland will argue for the lowest possible level of tariff cuts.

Non-trade issues have become an increasingly important concern for Ireland owing to the cost incurred by producers and farmers here in meeting EU food safety, animal welfare and animal hygiene standards, which are much higher in the European Union than in many other producing countries. A major debate is under way about the comparison between, on the one hand, EU and Irish standards of beef production and, on the other, the standards in force in, for instance, Brazil. The Department will endeavour to ensure some form of protection is built into the World Trade Organisation for EU standards under non-trade concerns. Achieving this objective will be an uphill battle but we intend to achieve it.

Since we last appeared before the joint committee, little progress has been made and the issues I have outlined remain outstanding. The next window of opportunity will be in early 2007. If negotiations fail at that point, we will face the prospect of a long period without a WTO agreement.

I thank Mr. Burke for updating the joint committee on these matters.

I thank Mr. Burke and Ms Cannon for their presentation. The negotiations have stalled and everything is dependent on the outcome of the congressional elections in the United States. Have any firm indications been given in the United States farm Bill that America is prepared to tackle some of the outstanding issues? What pressure is being exerted at European Union level to have the talks reconvened and make further concessions? Comments made by Commissioner Mandelson appeared to indicate that further concessions would be forthcoming from the European Union if the United States were to return to the negotiating table. Is that the case? Has this matter been discussed at the Council?

What is the European Commission's position on non-trade concerns, a major issue in the European Union? It appears either Commissioner Mandelson does not fully comprehend these concerns or he is not prepared to articulate them at WTO level. Is it possible that the Commission will choose to go it alone, as it were, in the context of the CAP review scheduled for 2008; in other words, will it start to implement many of the proposals it has put on the table in the current talks? The European position was flawed from the outset in that the European Union placed a series of cuts which it had already made on the table. The other parties argued they did not go far enough. The US position was to maintain the status quo until the 11th hour and, only then, put proposals on the table, a strategy which appears to have benefited producers in the United States, at least in the short term. I am concerned that Commissioner Mandelson has already given away everything but the kitchen sink and my view is shared by many in the farming community.

If, as we fear, the issue of ethanol access to the European Union is placed on the agenda of the talks, it would have a detrimental effect on the development of a renewable energy and biofuels sector in the European Union to provide security of energy supply. Is this issue being discussed?

I thank Mr. Burke and Ms Cannon for coming before the joint committee to bring members up to speed on this issue. Does Mr. Burke deal with non-WTO trade negotiations in which the European Commission is involved? I have in mind EU negotiations with China in which the Commission wants China to accept guarantees of equivalent standards rather than insisting on testing all EU products. How much interdepartmental discussion takes place as regards trade negotiations? What meetings have taken place and what exchange of ideas occurs prior to representations being made on Ireland's behalf at trade talks?

Has Commissioner Mandelson adequately reflected Ireland's position in the negotiations?

I would like to hear Mr. Burke's views on the Trade Commissioner's presentation and commentary and how it reflects Ireland's stance on this issue. Is it possible that the widespread view that the European Union's negotiating positions are relatively fixed has led to some disadvantages for it in the negotiations? Again, this goes back to the specific position the Commissioner has taken. Has this had a negative impact in terms of how the talks might have been progressed? Was there a lack of compromise in the area of special and differential treatment? What impact did this have on the postponement of the talks?

Would Ireland support the proposal to enable countries to avoid being dumped on, economically, socially or ecologically, by being able to impose special safeguard clause duties on imported products produced under conditions to which we would not subscribe, such as those that might breach human rights, international agreements and European legislation, especially in regard to the protection of the environment, animal welfare and so on? This is an important sociological and economic question.

Should the European Union move ahead and implement its WTO offer anyhow? Where do we stand on the offer? How can we advance it in general and, specifically, our stance on abolishing export subsidies by 2013, and in providing access for least developed countries and ACP countries to Community markets? That is a most important aspect of the matter in regard to these countries, in particular.

I compliment Mr. Burke. It is refreshing to receive a presentation in simple language that is direct and to the point. Effectively, the WTO talks are stalled. I put it to Mr. Burke that this is a clear case of panic on the part of both the European Community and the Government in their efforts to achieve agreement. We have been outmanoeuvred and outfoxed by the United States, which appears to be master of all it surveys. It is certainly dictating the terms in this case.

Mr. Burke stated EU producers had incurred additional costs in implementing environmental, animal welfare, food safety and hygiene standards. We are all agreed that these standards are important; however, is it not the case that Irish farmers have been penalised by the imposition of substantial additional costs owing to the strict implementation of these regimes nationally? If we are not to have an agreement until 2009, should there be additional compensation for Irish farmers and producers?

In our rush to achieve agreement, the Irish agriculture sector has borne the brunt. For example, Irish farmers could still be producing beef under a less strict regime than that currently in place in terms of inspections without notice, traceability and labelling of products. When we compare the situation elsewhere to the regime which has been introduced here, it is clear that Irish farmers are at a competitive disadvantage in the market. Can Mr. Burke indicate if it is likely that proposals will emanate from the Department that would level the playing pitch and compensate farmers for what he has stated are additional costs?

The key questions have been asked. I thank Mr. Burke for, as Senator Coonan remarked, his clear and concise report. He has stated Ireland is committed to the successful conclusion of a new round. A number of committee members stated in previous discussions on this matter that no agreement would be better than a bad one. That is the situation in which we find ourselves. While an agreement on the wrong terms would be bad for Irish agriculture, is there a risk to the overall economy in not moving forward with some agreement? Is there a conflict in some way between the overall national interest in reaching an agreement and the interests of Irish agriculture?

Given that we would all concur that Commissioner Mandelson has adopted disastrous tactics in approaching this set of negotiations, is it the case that we would be better off waiting for the post-Mandelson era? Mr. Burke suggested we might then find ourselves in a position where the concessions made in the CAP would be forgotten, but perhaps that is a two-sided coin from which we might benefit.

Mr. Burke has painted a picture of the Republicans in the United States as being committed to fast-tracking some agreement. The suggestion is that if the Democrats were to do well in the mid-term elections, the reverse might be the case. It is not that we pay much attention to polls, but all the indications coming from the United States suggest the President is most unpopular and the Democrats expect to do well. What is the basis for Mr. Burke's conclusion that the Republicans need to be in place to fast-track this initiative?

In the context of these talks, have Ireland and the European Union considered what will happen regarding food supply? Mr. Burke made a passing reference to this issue in respect of ethanol and the possibility that the production of food crops would be replaced by the production of energy crops. What impact would this have on the world supply of food?

What is happening is alarming. Perhaps it is a wake-up call for the European Union, which has put itself in a most precarious position. The cost of flour has increased considerably this year. With the diversion of wheat into energy production via ethanol, for example, food will become more scarce and more expensive. The same is happening in South America.

It was the policy of Britain and the European Union to provide cheap, good-quality food for the European market. What is the current policy? The European Union is in an extremely weak position. We will not starve, as we will grow an acre of wheat, potatoes and so on but it will not be possible to do this everywhere in Europe. Do Ireland and the European Union have a plan?

I thank the committee for those challenging questions. I hope I can do justice to some or all of them.

On the US farm Bill — committee members may be aware of this — what we are picking up is the distinction between the Administration and Congress. The Administration speaks in very upbeat terms about the need for change and major reform. When the Minister met the US Secretary of Agriculture, Mr. Johannes, he said privately that he regretted that the United States had not acted in the same manner as the European Union years ago in reforming and reducing the levels of support and protection. The view of Congress is that it will not yield an inch.

The reason I referred at some length to the political process was that the elections would have a bearing on the situation. The impression has been created that the Democrats are more anti-globalisation and anti-liberalisation than the Republicans and that if they secure a majority in either House, or both, it will be much more difficult for the Administration, as there will be more resistance to efforts to reform in the United States. That is as much as we can say. Normally the US does not reform in the radical manner of the European Union.

There is a debate in the European Union on insurance for farmers. I listened to this last week and a French colleague, of all people, said we should begin to move towards the US system of assisting farmers to take out insurance for crop failure, bad weather, etc. In the United States assistance is given for insurance and market support, but those concerned do not rely on the insurance. The United States has a long history of providing support for farmers and we do not envisage radical change.

A couple of points arise on the European Union's approach to the negotiations, all of which we tend to agree with. The Commission has offered too many concessions and our Minister spends all her time trying to keep a tight rein on Commissioner Mandelson. It is a difficult process and it will continue to be such. We have the support of a number of member states in our efforts. If it were not for the efforts of the Minister, the French Minister and others, Commissioner Mandelson might have done a lot more damage. This is no great consolation and we will continue in our efforts to restrain him.

I take the point that if the current suspension continues, the various offers that have been made will be forgotten and fade into the dim and distant past. During Commissioner Fischer Boel's visit in the past fortnight, she insisted, for what it was worth, that the EU starting position in negotiations is as it was this time last year. In other words, the talks have failed and we are to start almost on a blank page. Anything that happened in the past six months has been forgotten about. I do not believe the aforesaid is realistic but that is our position. We support her fully in that regard.

On the non-trade concerns, we face an uphill battle. Commissioner Mandelson has responsibility for trade and many of the areas where non-trade concerns arise fall within the category of food safety, which is the responsibility of Commissioner Kyprianou. He is in Brazil at present to check out circumstances for himself. This indicates the concern of the Commission and I hope it will not ignore the reality. If it finds that Brazil is producing to an unacceptable standard, it will take the appropriate action. The campaign in this regard is ongoing.

It was stated the Commission should "go it alone". However, we are well advanced in terms of CAP reform and we need to receive credit for our stance in the WTO talks. The Commissioner for Agriculture decided the best way to approach the current round of WTO talks was to impress upon the negotiating partners our commitment and sincerity. I will not say whether I believe this is wrong or right.

One could argue that the MacSharry reforms were forced upon the European Union by virtue of negotiations at the time in question. Mr. Fischler wanted to address this by reforming first and then negotiating rather than being forced into adopting a certain position. This is exactly what should happen in the United States. It should agree first and then reform. One could say we put the cart before the horse but we must now defend this position. Our efforts are devoted to ensuring we receive credit and to avoid paying twice at all costs. The question of energy derived from ethanol has not been an issue in the negotiations so far but it will be one because of the circumstances described by the Senator.

In the absence of a WTO agreement, the question of bilateral deals with China, other Asian countries and Mercosur arises. This is of serious concern to us because I have heard a Commission spokesperson say that the WTO was the most efficient and effective method for multilateral negotiations, and that it provides balance in world trade on a general level. The difficulty with bilateral agreements is that one tends to concede more. When there were negotiations with Mercosur, the countries in question were demanding much more of the European Union than they were demanding of parties in the WTO talks. In the WTO, one must pay more. One does reach trade agreements and trade liberalisation but one tends to pay more, and we are therefore very nervous of bilateral trade agreements.

The WTO has well-established co-ordination mechanisms, the most effective of which involves the co-ordination committee comprising the Department of Enterprise, Trade and Employment, the Department of Agriculture and Food and the Department of Foreign Affairs. The development interest is key in this regard. The committee meets in advance of practically every session. The trade issues are discussed on a weekly basis in Brussels at meetings of the Article 133 committee. It meets when any WTO or trade issue arises. There is general acceptance that our position on agriculture dominates the committee's agenda.

An economic analysis carried out last year showed that some benefits will accrue to the Irish economy from the WTO round, but that the potential benefits in respect of trade and industrial products, for instance, would be more than outweighed by the potential damage to agriculture. There are global benefits but the experience of most countries with a significant agriculture sector is such that these benefits are outweighed by the damage to that sector. This applies to Ireland.

Special and differential treatment represents a major issue, if only because of the existence of the G20. The last serious WTO negotiating session in Cancún failed because it did not meet the demands of developing countries. They now have a strong voice, which they are beginning to exercise, whereas in the past WTO agreements were made between the European Union and the United States and then handed down to the membership. This is no longer the case. The developing countries have a very serious impact and there will be a major development element to the next agreement.

In the defence of the EU, I must point to the Everything But Arms agreement and various others. Where special and differential treatment is concerned, the Union has made very significant offers in respect of the next round and has managed to embarrass the United States' delegates in Hong Kong, who refused to accept the equivalent of the Everything But Arms initiative. Exceptional cases were made in respect of textiles and other factors and we felt at the time they were embarrassing. Ireland and the Union in general are very committed.

The aforementioned position applies to the anti-dumping measures. The Union cannot be accused of dumping in the sense that it does not dump beef on any region. We export very little beef and, where we do pay export refunds, they are justified on foot of food security and other measures in the recipient countries.

I hope we have not been outmanoeuvred or outfoxed. Commissioner Mandelson's own defence is that traditionally the European Union is in the doghouse and pilloried around the world for failure in Cancún and other places to achieve an outcome. On this occasion the US is on the receiving end and Commissioner Mandelson claims credit for that, saying careful, strategic negotiating has allowed him to keep the moral high ground and the European Union in a safe position while putting the pressure on others. That is his version, but we are more inclined to agree with the views expressed around the table that he has conceded too much and we are trying to restrain him.

On the cost issue, we agree. The Minister is campaigning for simplification of the procedures and to reduce further the bureaucratic burden on farmers. On Monday, in the special committee on agriculture, we discussed the difficulty with the unannounced inspections. A large number of member states agree that demands on farmers for inspections, controls and penalties are still excessive and should be reduced. Thankfully we are not the only member state campaigning on that front; there are others.

Labelling is a solution to a WTO agreement problem that the Minister raised with Commissioner Fischer Boel recently and she was receptive to it. If we cannot prevent imports and must concede something on tariffs, the least that can be done for European producers and consumers is to ensure that imported products are labelled so that if there is a choice between Brazilian and Irish beef, the consumer knows exactly what he is getting. It is the least that can be expected and what we are campaigning for with the Commissioner.

I covered the point on the risks to the economy. There is a benefit to the economy but in the Irish case, it would not apply across the board; it would be outweighed by potential damage to agriculture. In the post-Mandelson era perhaps we are better to hang on. There is no doubt that no deal is better than a bad deal.

Food security was an objective of the Common Agricultural Policy when it was established 50 years ago. It is still valid and when the constitution was being negotiated, the CAP, with the objective of food security, was ratified again. Unfortunately that does not translate into reality and if we open our markets in a WTO context, the likelihood is that European production will suffer. If Brazil floods the European market with beef, European beef will suffer. That leaves us exposed in terms of food security because if there is a problem with foot and mouth disease in Brazil, or some other catastrophe, or it decides to sell to a higher bidder, European Union food security is under threat.

It is also a valid worry in terms of energy. When the Minister was in the US, she picked up the signal clearly that both America and the EU have been developing policies and negotiating against the background of a food surplus. That surplus would evaporate overnight if there were a conversion of food production into energy. If WTO maize, which no one wants to consume, is developed purely for energy production and wheat production falls, that is a dangerous road to go down. That is not sufficiently recognised worldwide but it is being recognised in the European Union. The energy market could develop to the point that food security is threatened.

I thank Mr. Burke for his answer. Europe today is heading down the road of negative food surplus production. Food production in the world now, unlike five years ago when the WTO talks started, is being diverted rapidly into energy. Are we facing the consequences of a shortage of food in Europe? The talks are about agricultural production against the surpluses mentioned but they are changing so rapidly we have not realised it. Our bureaucrats in Brussels have not realised it. If there is a rapid change of agricultural produce from food to energy production, where are we? Are the talks today that started five years ago obsolete? Let us have trade liberalisation but it is time to consider removing agricultural production from the talks.

It is good to see restaurants labelling their beef as Irish. Can cooked meat be DNA-tested?

I think so because the Department of Agriculture and Food was on the receiving end of a DNA test and a very embarrassing situation a year ago — someone took a sample of beef from the restaurant in Agriculture House and had it tested. It is labelled because the Minister introduced regulations and we demand that they should apply equally throughout the Union because they do not at present. We also want other products to be labelled.

There are wide issues in the Senator's question. Conversion from food to energy is not an issue in the WTO; it has not surfaced, but there is an increasing realisation against that background that in the Union the area of cereals devoted to energy production has doubled year on year since 2003. That will continue as energy production becomes attractive to certain growers. There is a real risk.

Commissioner Mandelson appears to be on a solo run. From whom does he take his instructions and are there any sanctions when he toddles off on his own and negotiates without a mandate? He has taken it upon himself to carry out more extensive negotiations than would have been the case normally. What sanctions might apply to him?

The Council has agreed a mandate to which he is answerable but he is extremely clever at manipulating and massaging the facts to the point where member states, including Ireland, have found it difficult to say he has breached the mandate in respect of X or Y. Tariff cuts are the most difficult and contentious areas. He would tie one in knots discussing whether there is a reduction in the average of tariff cuts or an average reduction in tariff cuts. He can show he is within the mandate. That is the problem. He is answerable to the Council and to Heads of State. We have made representations at that level regarding the negotiations, the mandate and so on.

That will continue when these high-level negotiations take place, as for instance in Hong Kong, and the Heads of State are briefed and aware. President Chirac is very quick to make his views known in public. Other Heads of State are equally active behind the scenes. He is answerable, and agreement on a WTO round is a decision for member states, not the Commissioner. He negotiates and must come back to the Council for ratification, which is the ultimate sanction.

On behalf of the committee, I thank Mr. Burke and Ms Cannon for attending the meeting today, for updating the committee and for responding to the queries raised.

Sitting suspended at 3.52 p.m. and resumed at 3.55 p.m.
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