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External	Policy	Procurement		
Trade	Report	
EU-Indian	trade	agreements	
Rianne	van	Mierlo	(1436457mierlo)		
Academic	year	2017-2018
EU-Indian	trade	agreements	
Rianne	van	Mierlo	 2017-2018	 European	Studies	
2	
Introduction	
After	gaining	independence	over	the	British	ruling	on	15th
	of	August	1947,	India’s	key	
concern	was	working	towards	becoming	a	stable	economic	nation.	This	economy	was	initially	
controlled	by	the	state,	until	Indian	policymakers	recognised	the	benefits	of	liberalising	the	
market.	Hence,	from	the	1990s	onwards,	India	started	building	on	liberalisation,	globalisation	
and	privatisation,	resulting	in	massive	economic	growth,	and	a	substantial	larger	influence	on	
global	scale	(Cultural	India).	Despite	these	improvements,	state-owned	institutions	are	yet	
dominating	 the	 capital	 markets	 (Heritage,	 2017).	 It	 goes	 without	 saying	 that	 as	 for	 these	
contributing	factors,	the	interest	of	the	European	Union	rose	as	well.	The	EU-Indian	trade	
agreements	are	of	significant	value	for	both	parties,	as	will	be	further	elaborated	on	in	the	
report.	
Fact	sheet	Indian	economy	
India	is	at	the	moment	the	fastest	growing	economy	on	global	scale,	and	therefore	
makes	an	important	strategic	partner	for	the	Union.	On	average,	the	country	represents	an	
economic	market	of	1.25	billion	people	(European	Commission,	2017).	India’s	GDP	consists	of	
$8	trillion,	with	7.3%	growth	in	2015.	Its	unemployment	rate	holds	up	3.5%,	and	the	country	
is	known	for	having	greatly	developed	technology	and	manufacturing	sectors,	as	advanced	as	
any	in	the	world	(Heritage,	2017).	This	highly	developed	technology	sector	is	mainly	due	to	
the	many	international	start-ups	based	in	India	–	over	4.750	technology	start-ups	reside	in	the	
country,	with	approximately	1.500	entering	every	year	(IBEF,	2017).	
India’s	most	notable	success	is	their	freedom	in	trade.	The	country’s	largest	trading	
goods	consist	of	refine	and	unrefined	mineral	fuels,	and	gold.	As	for	its	services,	the	exports	
are	classified	under	travel,	insurance,	transportation,	and	miscellaneous	services.	With	regard	
to	the	latter,	also	known	as	‘new	economy	services’,	miscellaneous	services	have	developed	
towards	the	major	factor	of	India’s	service	export	basket.	This	service	includes	construction,	
business	 services,	 communication,	 banking,	 accounting	 and	 auditing,	 management	
consultancy,	advertising,	and	legal	services	(Thomas,	2016).	As	argued	in	the	working	paper	
by	P.	Thomas,	the	services	in	the	business	sector	of	India	reaped	the	benefits	of	the	economic	
liberalisation.	 The	 policies	 that	 aim	 at	 promoting	 these	 services	 will	 accelerate	 India’s	
economic	growth	(Thomas,	2016).
EU-Indian	trade	agreements	
Rianne	van	Mierlo	 2017-2018	 European	Studies	
3	
	
The	policies	to	which	the	working	paper	is	referring	to	are	the	trade	policies	currently	
in	existence.	Prime	Minister	Narendra	Modi’s	government	announced	India’s	new	Foreign	
Trade	Policy	in	April	2015,	and	further	elaborated	on	it	during	a	speech	in	Washington	on	June	
2016:	
We	will	continue	to	strengthen	the	“Make	in	India”	initiative.	It	is	not	
intended	for	only	manufacturing	for	the	domestic	market	or	import	
substitution.	It	is	as	much	about	making	world-class	products	and	services	
for	the	whole	globe.	That	is	why,	for	us,	improvements	towards	free	trade	
are	important.	It	is	very	important	for	us	that	developed	countries	open	
their	markets,	not	only	to	goods	from	countries	like	India	but	also	to	
services.	–	Narendra	Modi
(Puri,	2017)	
EU-Indian	trade	agreements	
As	of	1962,	India	became	one	of	the	first	countries	to	create	a	relationship	with	the	
European	Union.	These	ties	strengthened	when	the	parties	agreed	on	a	‘strategic	partnership’	
during	a	summit	in	The	Hague,	on	November	2004.	And	from	April	2007	onwards	the	EU	
started	to	picture	India	as	a	part	of	the	Free	Trade	Agreement,	of	which	debates	still	continue	
until	 this	 day	 (Voice,	 2007).	 This	 agreement	 is	 known	 as	 ‘the	 Broad-based	 Trade	 and	
Investment	Agreement	(BTIA).	The	key	issues	related	to	the	negotiations	concern	government	
procurement,	geographical	indications,	sound	investment	protection	rules,	improved	market	
access	for	some	goods	and	services,	and	sustainable	development	(European	Union	External	
Action	 Service,	 2017).	 While	 negotiations	 continue,	 India	 enjoys	 the	 unilateral	 trade	
preferences	as	described	in	the	EU	Generalised	Scheme	of	Preferences	(GSP).	This	allows	
developing	countries	to	pay	fewer	or	no	duties	on	exports	to	the	European	Union	(European	
Commission,	2017).	
As	for	the	current	relation	between	EU-Indian	trade,	the	EU	ranks	first	place	of	India’s	
trading	partners.	By	holding	13.5%	of	India’s	overall	trade,	the	EU	is	2.7%	ahead	of	runner-up	
China.	India,	on	the	other	hand,	is	the	Union’s	9th
	most	important	trading	partner,	with	2.2%	
of	 the	 EU’s	 overall	 trade.	 The	 EU	 mainly	 exports	 gems	 and	 jewellery,	 engineering	 goods,
EU-Indian	trade	agreements	
Rianne	van	Mierlo	 2017-2018	 European	Studies	
4	
manufactured	goods	and	chemicals	to	India.	The	export	value	of	both	parties	have	increased	
over	the	past	decade,	with	EU	export	value	rising	with	€13.6	billion,	and	Indian	export	value	
with	€16.3	billion.	Also	trade	in	services	have	tripled	within	the	same	period	–	increasing	from	
€10.5	billion	in	2005,	to	€28.1	billion	in	2015	(European	Union	External	Action	Service,	2017).	
Regarding	direct	investment,	the	EU	amounted	€51.2	billion	in	2015	to	India,	making	the	
Union	India’s	second	largest	investor	(European	Union	External	Action	Service,	2017).	The	
graphs	as	displayed	below	supports	a	visual	image	of	the	EU-Indian	trade.
	
European	Commission,	February	2017	
	
EU-Indian	trade	obstacles	
Since	 the	 start	 of	 the	 BTIA	 negotiations	 in	 2007,	 many	 summits,	 ministerial-level,	
expert-level,	and	sectorial	meetings	have	been	held	to	strengthen	cooperation	and	reach	
conclusions.	As	mentioned	before,	several	factors	restrain	the	EU	from	finalising	the	BTIA	
negotiations.	For	instance,	India	has	raised	duties	on	several	products,	such	as	ICT,	steel	and
EU-Indian	trade	agreements	
Rianne	van	Mierlo	 2017-2018	 European	Studies	
5	
motor	 vehicles	 (Commission,	 2016).	 The	 requirements	 as	 drafted	 by	 Indian	 trade	 policies	
appear	 disproportionate	 according	 to	 the	 EU,	 and	 often	 deviate	 from	 the	 international	
standards,	 making	 it	 less	 attractive	 for	 the	 EU	 to	 confirm	 the	 BTIA	 negotiations	 with	 the	
current	 policies.	 Next	 to	 this,	 the	 EU	 costs	 have	 heavily	 increased	 when	 India	 restricted	
imports	on	apples	exclusively	to	the	port	of	Mumbai,	in	September	2015.	Apart	from	the	
previously	mentioned	factors,	other	remaining	policies	also	weaken	the	trade	with	India	for	
the	 EU.	 Such	 as	 complex	 intellectual	 property,	 and	 issues	 on	 multi-brand	 retail	 in	 the	
investment	sector	(Commission,	2016).	
On	 March	 2017,	 the	 Indian	 government	 announced	 it	 will	 terminate	 bilateral	
investment	treaties	(BITs)	with	over	fifty	countries,	of	which	22	EU	member	states	(Nicholas	
Peacock	&	Nihal	Joseph,	2017).	This	article	describes	that	India	is	sending	out	mixed	messages	
by	terminating	BITs,	while	also	making	efforts	to	attract	investment	and	free	trade	with	its	
‘Make	in	India’	campaign,	as	mentioned	earlier.	Over	the	past	recent	years,	India	has	faced	
numerous	arbitration	claims,	mainly	concerning	judicial	delays.	India	therefore	prompted	to	
adopt	a	new	model	BIT,	under	which	former	BITs	will	be	either	terminated,	or	fully	adjusted	
to	the	renewed	model	(Nicholas	Peacock	&	Nihal	Joseph,	2017).	
Indian	trade	obstacles	
Just	as	India	is	seen	as	a	significant	player	in	global	trade,	its	underdeveloped	regime	
continues	to	undermine	development.	The	Heritage	Foundation	declares	India’s	economic	
freedom	 status	 as	 ‘mostly	 unfree’,	 and	 rank	 143	 on	 the	 global	 index,	 given	 the	 factors	
corruption,	poor	management	of	public	finance,	and	underdeveloped	infrastructure	as	the	
driving	force	behind	this	negative	status	(Heritage,	2017).	Even	though	India	holds	a	stable	
democracy,	it	seems	to	struggle	when	it	comes	to	finding	a	way	to	smaller	the	gap	between	
the	extreme	wealth	and	poverty.	This	is	mainly	due	to	the	high	percentage	of	state-owned	
enterprises.	Even	though	policies	on	trade	freedom	in	India	are	better-regulated	than	70%	of	
the	world,	policies	on	investment	and	financial	freedom	are	far	below	average	(Heritage,	
2017).	
A	study	conducted	by	Transparency	International	(2017)	labelled	India	as	Asia’	most	
corrupt	country.	TI	examined	that	India	has	the	highest	bribery	rate	among	the	sixteen	Asia	
Pacific	countries	surveyed	(Goswami,	2017).	This	high	level	of	corruption	has	raised	concerns	
before.	In	2010,	trade	unions,	public	health	and	human	rights	organisations,	and	anti-poverty	
campaigners	 in	 both	 India	 and	 the	 EU	 have	 repeatedly	 demanded	 for	 a	 halt	 to	 the
EU-Indian	trade	agreements	
Rianne	van	Mierlo	 2017-2018	 European	Studies	
6	
negotiations.	The	main	concerns	regarded	that	India,	with	its	highly	corrupted	regime,	would	
only	be	stimulated	to	continue	its	way	of	functioning	if	the	Union	would	open	her	doors	to	
free	trade	(Goswami,	2017).	These	issues	still	seem	to	concern	the	public,	despite	the	fact	
India	is	working	towards	its	objectives	for	becoming	a	further	developed	country.	
Ongoing	and	future	developments	
Various	obstacles	that	have	so	far	withheld	the	EU	from	signing	the	BTIA	with	India	
might	have	resulted	in	a	negotiation	pause	for	five	years.	Until	recent,	the	last	summit	took	
place	 in	 November	 2013	 (Lakshmikumaran	 &	 Sridharan,	 2017).	 As	 explained	 by	
Lakshmikumaran	&	Sridharan	attorneys	(2017),	a	shift	of	the	situation	occurred	due	to	the	
Brexit	negotiations,	and	the	fact	that	India	slowly	terminates	investment	treaties	within	the	
EU.	
In	late	August	2017,	the	17th
	round	of	India-Europe	BTIA	talks	were	organised,	in	which	
the	 developments	 towards	 a	 strategic	 partnership	 have	 been	 negotiated	 once	 more.	 As	
mentioned	earlier,	the	termination	of	BITs	by	India	causes	uncertainty	for	EU	investments.	
However,	it	appears	to	be	India’s	intention	to	renegotiate	BITs	already	existence	to	be	adapted	
to	India’s	renewed	2015	model	BIT	(Nicholas	Peacock	&	Nihal	Joseph,	2017).	India	is	more	
than	 willing	 to	 stronger	 ties	 with	 trade	 partners,	 particularly	 the	 UK.	 With	 the	 Brexit	
negotiations	going	on,	India	is	highly	opportunistic	in	seizing	the	opportunity	to	form	a	new	
agreement	with	the	UK	‘very	quickly’	(Oliphant,	2017).	As	for	the	termination	of	BITs,	much	is	
uncertain	to	conclude	at	this	point.	However,	with	regard	to	the	EU-Indian	negotiations,	the	
parties	 focus	 on	 the	 EU-India	 Agenda	 for	 Action	 2020,	 a	 roadmap	 with	 actions	 for	 the	
upcoming	five	years,	a	city-to-city	cooperation	between	EU	and	Indian	cities,	and	several	other	
projects.	 At	 the	 summit	 of	 2016,	 the	 leaders	 of	 both	 parties	 concluded	 by	 means	 of	
strengthening	 cooperation	 on	 the	 implementation	 of	 the	 2030	 Agenda	 for	 Sustainable	
Development,	new	ways	of	engaging	in	fields	of	mutual	interest	will	be	enhanced	(European	
Union	External	Action	Service,	2017).	Hence,	although	mixed	messages	are	troubling	the	sight	
on	future	trade	agreements,	a	strategic	partnership	between	the	EU	and	India	continues	to	
develop.
EU-Indian	trade	agreements	
Rianne	van	Mierlo	 2017-2018	 European	Studies	
7	
Bibliography	
	
Commission,	E.	(2016).	on	Trade	and	Investment	Barriers	and	Protectionist	Trends.	European	
Commision.	
	
Cultural	India.	(n.d.).	Economic	History	of	India.	Retrieved	from	Cultural	India:	
http://www.culturalindia.net/indian-history/economic-history.html	
	
European	Commission.	(2017).	Countries	and	Regions	-	India.	Retrieved	from	Ec.europa:	
http://ec.europa.eu/trade/policy/countries-and-regions/countries/india/	
	
European	Commission.	(2017).	Generalised	Scheme	of	Preferences	(GSP).	Retrieved	from	
European	Commission:	http://ec.europa.eu/trade/policy/countries-and-
regions/development/generalised-scheme-of-preferences/	
	
European	Union	External	Action	Service.	(2017,	October	3).	EU-India	relations,	fact	sheet	.	
Retrieved	from	European	Union	External	Action	:	
https://eeas.europa.eu/headquarters/headquarters-homepage_en/4010/EU-
India%20relations,%20fact%20sheet	
	
Goswami,	S.	(2017,	March	8).	Study	Finds	India	is	Asia's	Most	Corrupt	Country,	While	Japan	
Comes	In	Last	.	Retrieved	from	Forbes:	
https://www.forbes.com/sites/suparnagoswami/2017/03/08/study-finds-india-is-asias-
most-corrupt-country-while-japan-comes-in-last/#1c82b29c1201	
	
Heritage.	(2017).	2017	Index	of	Economic	Freedom.	Retrieved	from	Heritage.org:	
http://www.heritage.org/index/country/india	
	
IBEF.	(2017,	April	).	About	Indian	Economy	Growht	Rate	&	Statistics	.	Retrieved	from	India	
Brand	Equity	Foundation:	https://www.ibef.org/economy/indian-economy-overview	
	
Lakshmikumaran,	&	Sridharan.	(2017,	June	20).	India-EU	free	trade	agreement:	State	of	play	
and	way	forward.	Retrieved	from	Lexology:	
https://www.lexology.com/library/detail.aspx?g=afb818fa-cfce-4fdf-aecf-503d633ed5fd	
	
Nicholas	Peacock,	&	Nihal	Joseph.	(2017,	March	16).	Mixed	messages	to	investors	as	India	
quietly	terminates	bilateral	investment	treaties	with	58	countries.	Retrieved	from	Herbert	
Smith	Freehills:	http://hsfnotes.com/arbitration/2017/03/16/mixed-messages-to-investors-
as-india-quietly-terminates-bilateral-investment-treaties-with-58-countries/	
	
Oliphant,	V.	(2017,	July	9).	India	wants	more	UK	trade	BEFORE	Brexit	as	world	leaders	queue	
up	for	Theresa	May.	Retrieved	from	Sunday	Express:	
http://www.express.co.uk/news/world/826343/Theresa-May-g20-summit-trade-deal-
european-union-japan-china-india-donald-trump
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Puri,	H.	S.	(2017,	February	16).	India's	Trade	Policy	Dilemma	and	the	Role	of	Domestic	
Reform.	Retrieved	from	Carnegie	India:	http://carnegieindia.org/2017/02/16/india-s-trade-
policy-dilemma-and-role-of-domestic-reform-pub-67946	
	
Thomas,	P.	(2016).	Impact	of	services	trade	on	India's	economic	growth	and	current	account	
balance:	evidence	from	post-reform	period.	Maastricht:	Maastricht	School	of	Management	.	
	
Voice,	E.	(2007,	February	5).	India	relations	-	a	timeline.	Retrieved	from	Politico:	
http://www.politico.eu/article/eu-india-relations-a-timeline-2/

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