Read on Twitter
1/ The proposed Ag Bill Amendment features this clause I have some genuine questions about.
Presenting them in a thread in case people find it interesting how a trade policy person dissects language. Feel free to ignore if you couldn't care less.
Presenting them in a thread in case people find it interesting how a trade policy person dissects language. Feel free to ignore if you couldn't care less.
2/ This clause will only apply to "goods imported under a free trade agreement."
What does that mean exactly?
Does it mean any agricultural goods from a country with which the UK has an FTA, or just those goods that want to take advantage of an FTA's lower tariffs?
What does that mean exactly?
Does it mean any agricultural goods from a country with which the UK has an FTA, or just those goods that want to take advantage of an FTA's lower tariffs?
3/ In other words, if the UK and US sign a Free Trade Agreement and a US exporter wants to send the UK something produced under a lower than UK standard, but is happy to pay the WTO tariff... does this clause prevent them from doing so?
3/ Further, what is a Free Trade Agreement under this definition?
Does it include the tariff free access the UK plans to continue providing to Least Developed Countries (what the EU calls Everything But Arms)?
What about under Economic Partnership Agreements or GSP+?
Does it include the tariff free access the UK plans to continue providing to Least Developed Countries (what the EU calls Everything But Arms)?
What about under Economic Partnership Agreements or GSP+?
4/ Next question, what does "standards TO WHICH those goods were produced" actually refer to?
To me, when something is produced TO a high standard that implies a test of the final product against UK standards, not the production methods.
That's a critical difference.
To me, when something is produced TO a high standard that implies a test of the final product against UK standards, not the production methods.
That's a critical difference.
5/ The obvious intent of the clause is to ensure imported goods are made under standards no less than those under UK law but that's not necessarily what that line actually says.
A battery hen egg and a free range egg are similar final products, but very different methods.
A battery hen egg and a free range egg are similar final products, but very different methods.
6/ Next question, how does the bill envisage comparing the standards below.
For example, is it talking about the aggregate level of environmental protection, or must there be an equivalent or greater version of every individual UK environment law?
For example, is it talking about the aggregate level of environmental protection, or must there be an equivalent or greater version of every individual UK environment law?
7/ I'm not being snarky or trying to poke holes in the bill here. That's just what jumped out at me. I'm sure other trade folk and actual trade lawyers either have answers for my questions, or found things of their own to poke at.
Anyway, thought I'd share. /end
Anyway, thought I'd share. /end
8/ P.S If you're wondering why FTAs can take a long time to negotiate... a lot if it is because it's two groups of people like me (but smarter and better dressed) ripping one another's language to pieces exactly as I've done above.
