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Jamaica & The EPA: Services
Lincoln Price, CRNM
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•   Market access opportunities in the EU
•   Is Services trade developed between EU & JA?
•   Existing regulatory barriers
•   Overview of the EPA
•   Services aspects of the EPA
•   EPA Services Value proposition


      NB: All EU data from Eurostat. Jamaican data from BOJ.
The EU is an important market:

• EU consumers spent US$3.2 tr on imports in
  2004

• In 2004, EU consumers purchased 36% of
  global trade;

• Import spending grew by 10% per annum
  (compared to 9% global) between 2000-
  2004- so this is a dynamic market
The EU is an important market
•    The EC-15 is the world's leading services trader.

•    Excluding intra-EC trade, accounts for over quarter of
     global services trade.

•    Intra-EC services market (exports + imports) is over ¾
     trillion US$ annually;

•    However, EU has been having problems integrating their
     services regimes so there are actually many regimes
     operating in the EU
Jamaica has declining surplus with EU 15 Services
– mn euros

 350.0

 300.0

 250.0

 200.0

 150.0

 100.0

  50.0

   0.0
         1998   1999   2000        2001    2002     2003   2004


                              EXPORTS     IMPORTS
European Total Services Imports from Jamaica 1998-2004 (Euros Mill)
           1998    1999    2000    2001   2002   2003    2004 Total
Austria            11.18    8.41    2.84   0.84   2.16    2.18   27.6
Belgium      4.2     6.0     0.9     1.0    2.2    6.0     2.3   22.7
Denmark           38.00 22.00 27.00 21.00         1.00          109.0
Finland
France                      5.19    4.53 14.62 19.15             43.5
           83.98   67.03   66.22   24.93   39.66   64.52   60.17    406.5
Germany
Greece                      0.06    0.26    0.18    0.46    0.22      1.2
Ireland                             0.05    0.00    0.60    0.42      1.1
Italy                               4.00   25.00   57.00   56.00    142.0
urg                                         0.01    0.03    0.05      0.1
Portugal            0.16    0.28    0.37    0.23    0.11    0.16      1.3
Sweden      0.05    0.67    1.98    5.54    0.29    2.04    0.18     10.7
UK          161     156    192.3    163    220.3   168.1           1060.1
Total      249.2   278.8   297.3   233.2   324.3   321.1   121.7
European Total Services Exports to Jamaica 1998-2004 (Euros Mill)
           1998    1999    2000   2001    2002    2003    2004 Total
Austria           0.91    1.55   0.44    0.24    0.00    0.02     3.17
Belgium    0.06     0.02    0.03   0.25    0.17    0.17    0.05   0.75
Denmark           51.00 42.00 46.00 43.00 35.00                 217.00
Finland
France                      5.07   6.77    7.65 16.52            36.00

Germany     6.80   7.40    9.90   12.80   13.40   19.50   12.40   82.20
Greece                     0.03    0.00    0.02    0.03    0.84    0.91
Ireland                            1.21    1.39    5.85            8.45
Italy                              5.00    0.00    0.00    4.00    9.00
Luxembo
urg                                        0.07    0.16    0.17    0.39
Portugal           0.02    0.05    0.09    0.07    0.04    0.05    0.32
Sweden      0.25   3.95    7.89   15.23   28.61   34.42   27.09 117.44
UK         50.10 49.69 95.10 50.89 56.58 43.56            50.10 396.02
Total      57.21 112.99 161.62 138.68 151.19 155.25       94.71
Market Access Opportunity: Advertising
• Turnover in EU-25 advertising Industry is EURO 122bn
  (2003)

• Average labour cost EURO 33,000

• This may be an opportunity for Jamaican advertising
  companies based on price competitiveness

• This sector (CPC 871) has no restrictions to Market
  access outside of those applicable to all other
  industries, work permits, recognition of accreditation
  etc.
Market Access Opportunity: Computer
  services
• Turnover in EU-25 computer services Industry is EURO
  300bn (2003)

• Average labour cost EURO 49,000: But Hungary
  (11,100), Lithuania (6,500) and Latvia (8,400) getting
  business;

• This may be an opportunity for Jamaican companies
  based on price competitiveness.
Market Access Opportunity: Construction
 services
• Turnover in EU-25 advertising Industry is EURO 392bn (2002)

• Average labour productivity EURO 33,000 (eastern EU very
  competitive again, with Ireland least competitive)

• Construction orders up while personnel costs falling with
  Eastern EU workers;

• However, EU utilizes economic needs tests for granting work
  permits. EU companies also have exclusive rights for
  highways, airports, and public sector projects (below a
  threshold value);
Existing regulatory barriers
• You probably know the barriers more than we do, so your
  participation is key to understanding how services trade is
  actually done;

• Theoretically, EU regulatory barriers in the GATS
  schedule;

• On paper, main barriers include nationality requirements
  (incl boards), work permits, licensing requirements,
  residence requirements, previous employment
  requirements, various security directives, BASEL (BASEL
  2- coming January), non-eligibility for incentives/subsidies,
  needs tests (distribution etc).
Overview of the EPA

• EPA: preferential trade & development pact
  between CARIFORUM (i.e. CARICOM+ DR)
  and EU;

• EPA expected to replace the Cotonou
  Agreement (i.e. the current preferential trade
  deal with the EU)

• EPAs to be finalized by Dec 2007 to enter
  into force Jan 1, 2008 as reciprocal deal;
Overview of the EPA
•    Now in Phase III of negotiations

•    Scheduled to be concluded in December 2006

•    Phase 3 Objectives:
    – forging common understanding on the structure of an
       EPA agreement;
    – consolidating the outcome of discussions on the
       priority issues for CARIFORUM regional integration;
       and
    – agreeing on an approach to trade liberalisation,
       including identifying sensitive areas for CARIFORUM
       countries and the way in which they should be
       treated.
Services aspects of the EPA
• Cotonou chapter 4 covers trade in services in a
  “sympathetic” manner;
• A GATS type schedule to be determined of service areas
• Possible sensitive areas for CARIFORUM includes:
    –   Legal Services
    –   Accounting Services
    –   Taxation
    –   Architectural services
    –   Engineering services
    –   Medical & dental services
    –   Vet services
 GATS= A trade deal amongst WTO members to regulate trade in services in a transparent
 manner. Members select those sectors which will be subject (bound) to the agreement.
Services aspects of the EPA
    (Cont’d)
•   Member States to submit a list of service sectors or
    activities that they considered sensitive and should
    be excluded from the liberalization process.

•   Seeking to include Mutual recognition agreements,
    Safeguards as well as services subsidies.
    CARIFORUM has also tabled a development paper;

•   Temporary entry regime also proposed for
    professional services including models/musicians,
    construction, health professionals etc…
Services aspects of the EPA (Cont’d)
• Cariforum has requested that the EU liberalize inter alia
  the following :
   – Real estate
   – Legal services
   – Accounting;                     Do these areas
   – Architectural services         cover your export
   – Medical services               business interests
   – Computer services                  in the EU?
   – R&D services
   – Building maintenance services
   – Energy services
   – Financial services
   – Construction
   – Tourism
These should be liberalized in EC. Do you agree?
category          EC Proposal
Key Personnel     natural persons employed within a juridical person other than a
                  non-profit organization and whose work and temporary stay is
                  necessary for the setting up or proper control, administration and
                  operation of a commercial presence. This includes business visitors
                  and intra-corporate transferees
Intra-corporate   natural persons who have been employed by a juridical person or
transfers’        have been partners in it (other than as majority shareholders) for at
                  least one year and who are temporarily transferred to an
                  commercial presence in the territory of the other Party. The natural
                  person concerned must belong to one of the following categories:
                  (a) managers; (b) specialists; (c) graduate trainees.
These should be liberalized in EC. Do you agree?
EC Proposal on Business visitors
natural persons working in a senior position who are responsible for setting up a commercial
presence. They do not engage in making direct sales to the general public and do not receive
remuneration from a source located within the host Party.
1.    attend meetings/trade fairs, make purchases/negotiate/conclude contracts
2.    attend conferences/seminars as an ordinary participant;
3.    undertake fact finding missions, check details or examine goods;
4.    receive training in techniques/work practices employed in the EU states,
5.    Deliver goods from abroad;
6.    Come as a representative of a computer software company to install/de-bug/enhance their product;
7.    Come as a representative of a foreign machine manufacturer to erect and install machinery;
8.    Come as representatives of foreign manufacturers coming to service or repair their company's products
      within their initial period of guarantee;
9.    Come as an adviser, consultant, trainer or troubleshooter etc.,
10.   Come as a guest speaker at a conference or seminar;
11.   Come to run a conference or seminar of up to 10 days duration,
12.   Come to organize and/or participate in live shows or cultural events;
13.   Come as an expert to brief EU businessmen about overseas legal and administrative requirements they
      need to meet as exporters.
These should be liberalized in EC. Do you agree?
Category          EC Proposal
business         natural persons who are representatives of a service supplier of
services sellers one Party seeking temporary entry into the territory of the other
                 Party for the purpose of negotiating the sale of services or
                 entering into agreements to sell services for that service supplier.
                 They do not engage in making direct sales to the general public
                 and do not receive remuneration from a source located within the
                 host Party.
contractual     natural persons employed by a juridical person of one Party
services        established in accordance with the legislation of this Party on its
suppliers (CSS) territory which has no commercial presence in the territory of the
                other Party and which has concluded a bona fides contract to
                supply services with a final consumer in the latter Party requiring
                the presence on a temporary basis of its employees in that Party
                in order to fulfil the contract to provide services
These should be liberalized in EC. Do you agree?

Category         EC Proposal
independent      natural persons engaged in the supply of a service and established
professionals’   as self-employed in the territory of a Party who have no commercial
                 presence in the territory of the other Party and who have concluded
                 a bona fide contract to supply services with a final consumer in the
                 latter Party requiring their presence on a temporary basis in that
                 Party in order to fulfil the contract to provide services.


  Which EU service partners would you agree need to get easier
  access to Jamaica’s market?
  Would you support CSS getting access into CARIFORUM market?
Services Development Proposals

• More easy access to regulatory info on EU
  services regime;

• Network of referrals for Caribbean service
  firms. Virtual meeting place should be
  established;

• EC to remove all economic needs tests;
Services Development Proposals

• CARIFORUM service firms to be treated as
  EC firms in priority areas;

• Subsidy countervailing action should not be
  taken against CARIFORUM service firms;

• The EU export help desk should be
  expanded to include services;
Services Development Proposals
• CARIFORUM Service Suppliers to be able to provide
  services without setting up shop in EU;

• All levels of staff should be allowed to travel, not just
  tertiary professionals;

• EU to provide training to service organizations to
  improve capacity;

• Establishment of MRAs
EPA Value Proposition

• EPA will produce results to the extent that you
  participate;
• The EPA will seek to promote export interest;
• EPA should result in opening of EU services market;
• EPA should also provide development benefits;
• Ultimately, EPA should move towards a modern
  services regime between EU and CARIFORUM
  where our service providers can make more money in
  that market;
          Thanks for your time

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L. Price - Jamaica and the CF-EC EPA - Services Trade

  • 1. Jamaica & The EPA: Services Lincoln Price, CRNM
  • 2. Thumbnail • Market access opportunities in the EU • Is Services trade developed between EU & JA? • Existing regulatory barriers • Overview of the EPA • Services aspects of the EPA • EPA Services Value proposition NB: All EU data from Eurostat. Jamaican data from BOJ.
  • 3. The EU is an important market: • EU consumers spent US$3.2 tr on imports in 2004 • In 2004, EU consumers purchased 36% of global trade; • Import spending grew by 10% per annum (compared to 9% global) between 2000- 2004- so this is a dynamic market
  • 4. The EU is an important market • The EC-15 is the world's leading services trader. • Excluding intra-EC trade, accounts for over quarter of global services trade. • Intra-EC services market (exports + imports) is over ¾ trillion US$ annually; • However, EU has been having problems integrating their services regimes so there are actually many regimes operating in the EU
  • 5. Jamaica has declining surplus with EU 15 Services – mn euros 350.0 300.0 250.0 200.0 150.0 100.0 50.0 0.0 1998 1999 2000 2001 2002 2003 2004 EXPORTS IMPORTS
  • 6. European Total Services Imports from Jamaica 1998-2004 (Euros Mill) 1998 1999 2000 2001 2002 2003 2004 Total Austria 11.18 8.41 2.84 0.84 2.16 2.18 27.6 Belgium 4.2 6.0 0.9 1.0 2.2 6.0 2.3 22.7 Denmark 38.00 22.00 27.00 21.00 1.00 109.0 Finland France 5.19 4.53 14.62 19.15 43.5 83.98 67.03 66.22 24.93 39.66 64.52 60.17 406.5 Germany Greece 0.06 0.26 0.18 0.46 0.22 1.2 Ireland 0.05 0.00 0.60 0.42 1.1 Italy 4.00 25.00 57.00 56.00 142.0 urg 0.01 0.03 0.05 0.1 Portugal 0.16 0.28 0.37 0.23 0.11 0.16 1.3 Sweden 0.05 0.67 1.98 5.54 0.29 2.04 0.18 10.7 UK 161 156 192.3 163 220.3 168.1 1060.1 Total 249.2 278.8 297.3 233.2 324.3 321.1 121.7
  • 7. European Total Services Exports to Jamaica 1998-2004 (Euros Mill) 1998 1999 2000 2001 2002 2003 2004 Total Austria 0.91 1.55 0.44 0.24 0.00 0.02 3.17 Belgium 0.06 0.02 0.03 0.25 0.17 0.17 0.05 0.75 Denmark 51.00 42.00 46.00 43.00 35.00 217.00 Finland France 5.07 6.77 7.65 16.52 36.00 Germany 6.80 7.40 9.90 12.80 13.40 19.50 12.40 82.20 Greece 0.03 0.00 0.02 0.03 0.84 0.91 Ireland 1.21 1.39 5.85 8.45 Italy 5.00 0.00 0.00 4.00 9.00 Luxembo urg 0.07 0.16 0.17 0.39 Portugal 0.02 0.05 0.09 0.07 0.04 0.05 0.32 Sweden 0.25 3.95 7.89 15.23 28.61 34.42 27.09 117.44 UK 50.10 49.69 95.10 50.89 56.58 43.56 50.10 396.02 Total 57.21 112.99 161.62 138.68 151.19 155.25 94.71
  • 8. Market Access Opportunity: Advertising • Turnover in EU-25 advertising Industry is EURO 122bn (2003) • Average labour cost EURO 33,000 • This may be an opportunity for Jamaican advertising companies based on price competitiveness • This sector (CPC 871) has no restrictions to Market access outside of those applicable to all other industries, work permits, recognition of accreditation etc.
  • 9. Market Access Opportunity: Computer services • Turnover in EU-25 computer services Industry is EURO 300bn (2003) • Average labour cost EURO 49,000: But Hungary (11,100), Lithuania (6,500) and Latvia (8,400) getting business; • This may be an opportunity for Jamaican companies based on price competitiveness.
  • 10. Market Access Opportunity: Construction services • Turnover in EU-25 advertising Industry is EURO 392bn (2002) • Average labour productivity EURO 33,000 (eastern EU very competitive again, with Ireland least competitive) • Construction orders up while personnel costs falling with Eastern EU workers; • However, EU utilizes economic needs tests for granting work permits. EU companies also have exclusive rights for highways, airports, and public sector projects (below a threshold value);
  • 11. Existing regulatory barriers • You probably know the barriers more than we do, so your participation is key to understanding how services trade is actually done; • Theoretically, EU regulatory barriers in the GATS schedule; • On paper, main barriers include nationality requirements (incl boards), work permits, licensing requirements, residence requirements, previous employment requirements, various security directives, BASEL (BASEL 2- coming January), non-eligibility for incentives/subsidies, needs tests (distribution etc).
  • 12. Overview of the EPA • EPA: preferential trade & development pact between CARIFORUM (i.e. CARICOM+ DR) and EU; • EPA expected to replace the Cotonou Agreement (i.e. the current preferential trade deal with the EU) • EPAs to be finalized by Dec 2007 to enter into force Jan 1, 2008 as reciprocal deal;
  • 13. Overview of the EPA • Now in Phase III of negotiations • Scheduled to be concluded in December 2006 • Phase 3 Objectives: – forging common understanding on the structure of an EPA agreement; – consolidating the outcome of discussions on the priority issues for CARIFORUM regional integration; and – agreeing on an approach to trade liberalisation, including identifying sensitive areas for CARIFORUM countries and the way in which they should be treated.
  • 14. Services aspects of the EPA • Cotonou chapter 4 covers trade in services in a “sympathetic” manner; • A GATS type schedule to be determined of service areas • Possible sensitive areas for CARIFORUM includes: – Legal Services – Accounting Services – Taxation – Architectural services – Engineering services – Medical & dental services – Vet services GATS= A trade deal amongst WTO members to regulate trade in services in a transparent manner. Members select those sectors which will be subject (bound) to the agreement.
  • 15. Services aspects of the EPA (Cont’d) • Member States to submit a list of service sectors or activities that they considered sensitive and should be excluded from the liberalization process. • Seeking to include Mutual recognition agreements, Safeguards as well as services subsidies. CARIFORUM has also tabled a development paper; • Temporary entry regime also proposed for professional services including models/musicians, construction, health professionals etc…
  • 16. Services aspects of the EPA (Cont’d) • Cariforum has requested that the EU liberalize inter alia the following : – Real estate – Legal services – Accounting; Do these areas – Architectural services cover your export – Medical services business interests – Computer services in the EU? – R&D services – Building maintenance services – Energy services – Financial services – Construction – Tourism
  • 17. These should be liberalized in EC. Do you agree? category EC Proposal Key Personnel natural persons employed within a juridical person other than a non-profit organization and whose work and temporary stay is necessary for the setting up or proper control, administration and operation of a commercial presence. This includes business visitors and intra-corporate transferees Intra-corporate natural persons who have been employed by a juridical person or transfers’ have been partners in it (other than as majority shareholders) for at least one year and who are temporarily transferred to an commercial presence in the territory of the other Party. The natural person concerned must belong to one of the following categories: (a) managers; (b) specialists; (c) graduate trainees.
  • 18. These should be liberalized in EC. Do you agree? EC Proposal on Business visitors natural persons working in a senior position who are responsible for setting up a commercial presence. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party. 1. attend meetings/trade fairs, make purchases/negotiate/conclude contracts 2. attend conferences/seminars as an ordinary participant; 3. undertake fact finding missions, check details or examine goods; 4. receive training in techniques/work practices employed in the EU states, 5. Deliver goods from abroad; 6. Come as a representative of a computer software company to install/de-bug/enhance their product; 7. Come as a representative of a foreign machine manufacturer to erect and install machinery; 8. Come as representatives of foreign manufacturers coming to service or repair their company's products within their initial period of guarantee; 9. Come as an adviser, consultant, trainer or troubleshooter etc., 10. Come as a guest speaker at a conference or seminar; 11. Come to run a conference or seminar of up to 10 days duration, 12. Come to organize and/or participate in live shows or cultural events; 13. Come as an expert to brief EU businessmen about overseas legal and administrative requirements they need to meet as exporters.
  • 19. These should be liberalized in EC. Do you agree? Category EC Proposal business natural persons who are representatives of a service supplier of services sellers one Party seeking temporary entry into the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party. contractual natural persons employed by a juridical person of one Party services established in accordance with the legislation of this Party on its suppliers (CSS) territory which has no commercial presence in the territory of the other Party and which has concluded a bona fides contract to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services
  • 20. These should be liberalized in EC. Do you agree? Category EC Proposal independent natural persons engaged in the supply of a service and established professionals’ as self-employed in the territory of a Party who have no commercial presence in the territory of the other Party and who have concluded a bona fide contract to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services. Which EU service partners would you agree need to get easier access to Jamaica’s market? Would you support CSS getting access into CARIFORUM market?
  • 21. Services Development Proposals • More easy access to regulatory info on EU services regime; • Network of referrals for Caribbean service firms. Virtual meeting place should be established; • EC to remove all economic needs tests;
  • 22. Services Development Proposals • CARIFORUM service firms to be treated as EC firms in priority areas; • Subsidy countervailing action should not be taken against CARIFORUM service firms; • The EU export help desk should be expanded to include services;
  • 23. Services Development Proposals • CARIFORUM Service Suppliers to be able to provide services without setting up shop in EU; • All levels of staff should be allowed to travel, not just tertiary professionals; • EU to provide training to service organizations to improve capacity; • Establishment of MRAs
  • 24. EPA Value Proposition • EPA will produce results to the extent that you participate; • The EPA will seek to promote export interest; • EPA should result in opening of EU services market; • EPA should also provide development benefits; • Ultimately, EPA should move towards a modern services regime between EU and CARIFORUM where our service providers can make more money in that market; Thanks for your time