regulations 301

Regulations in Fish Trade: 

Regulations in Fish Trade Helga Josupeit October 2005 TCP/RAS/3011

Presentation will cover:: 

Presentation will cover: Free Trade Agreements of main importing nations USA EU Japan Tariffs EU Japan USA Other issues

Free Trade Agreements - USA: 

Free Trade Agreements - USA Israel (1985) Chile (2003) Australia (2004) Central America-Dominican Republic-(2004) Jordan (2000) Singapore (2003) Bahrain (2004) Morocco (2004)

Free Trade Agreements - USA: 

Free Trade Agreements - USA US – Andean countries FTA still under discussion US – Panama FTA still under discussion U.S. and Southern African Nations Plan for Upcoming FTA Negotiations

Free Trade Agreements – USA and fisheries: 

Free Trade Agreements – USA and fisheries Andean Community countries: only tuna in pouch has duty free entry into USA Free Trade Treaty for Central American countries – 0% tariff for tuna in oil, 1-2% for other canned tuna NAFTA

Free Trade Agreements – USA and fisheries (cont.): 

Free Trade Agreements – USA and fisheries (cont.) Discussion on Free Trade Agreement with Thailand, and implications for domestic (American Samoa) tuna canneries 0% duty for Australian canned tuna

Free Trade Agreements and GSPs- EU: 

Free Trade Agreements and GSPs- EU ACP Andean Community Central America Mexico Chile SGP

GSP – EU and participating countries: 

GSP – EU and participating countries ACP: PNG, Solomon Islands SGPA: Bangladesh, Solomon Islands, Maldives, SGPE: Sri Lanka SGPL: India, Indonesia, PNG, Thailand, Malaysia, Sri Lanka, Special conditions: Pakistan

Free Trade Agreements – Japan : 

Free Trade Agreements – Japan Mexico-Japan Free Trade Agreement signed in April 2005 Japan-Philippines Economic Partnership Agreement to be signed soon Japan-Singapore Economic Partnership Agreement, signed in December 2002 Thailand-Japan FTA under discussion Chile-Japan FTA under discussion

Tariffs: 

Tariffs USA http://www.usitc.gov/tata/hts/bychapter/index.htm Japan http://www.apectariff.org/tdb.cgi/ff3235/apeccgi.cgi?JP EU http://www.europa.eu.int/comm/taxation_customs/dds/en/tarhome.htm

Tuna: 

Tuna

Tuna Tariffs - USA: 

Tuna Tariffs - USA 'classical' 6% on canned tuna in brine imports, up to a quota, 12.5% when quota is filled (2004 quota was 23 000 tonnes) Tuna in oil has a tariff of 35% Andean Community countries: only tuna in pouch has duty free entry into USA Free Trade Treaty for Central American countries – 0% tariff for tuna in oil, 1-2% for other canned tuna

Tuna Tariffs EU: 

Tuna Tariffs EU EU tariffs are 18% for frozen whole tuna (suspended, that means real duty is zero) and 24% for tuna loins and canned tuna

Tuna Tariffs - EU: 

Tuna Tariffs - EU New EU members had to increase duty to 24% for all canned tuna imports Thailand, Philippines and Indonesia got a 12% tariff quota (about 25 000 tonnes per year) until July 2006 Mexico: import quota at 7.9%: 4500 tonnes

Tariffs – EU: canned tuna: 

Tariffs – EU: canned tuna Indonesia, 2833 tonnes of canned tuna quota at 12%, afterwards 24% Thailand, 13390 tonnes of canned tuna quota at 12%, afterwards 24% India, Malaysia, and Pakistan (and many others) 257 tonnes of canned tuna quota at 12%, afterwards 24% Bangladesh, Sri Lanka and Maldives 0%

Free Trade Agreements – EU: 

Free Trade Agreements – EU GPS-Drugs agreement set certain duty free quotas for canned tuna and tuna loins from Andean Community and Central America India is questioning this agreement under WTO 4000 tonnes duty free quota for tuna loins from Asia

Tariffs – EU: loins : 

Tariffs – EU: loins Bangladesh, Sri Lanka and Maldives 0% All other countries 4000 tonnes quota at 6%, afterwards 24% duty

Tuna Tariffs– Japan : 

Tuna Tariffs– Japan Reduction of tariffs for tuna: fresh and frozen tuna from 10% to 5% under the GATT agreement, and now to 3.5% Canned tuna from 20% to 15% under the GATT agreement, and now to 9.6%, and even as low as 6.4% or free for special concessions

Tariffs and other trade issues – Japan : 

Tariffs and other trade issues – Japan Organization for Promotion of Responsible Tuna Fisheries (OPRT) Positive Listing in Japan both for wild (November 2003) and farmed tuna (August 2004)

Other issues …: 

Other issues … Carbon monoxide use prohibited in the EU (outlawed since decades, but enforcement started since early 2004) – but some confusion Carbon monoxide use prohibited in Japan (since 1997) – GRAS status in USA – but under discussion Use of hydro protein in canned tuna not allowed in the EU (December 2003)

Other issues …: 

Other issues … Methyl-mercury warning in USA, UK and Ireland US Tuna Foundation advertising campaign 'Tuna. Smart Catch' Country of origin labelling in USA DNA testing on 'false' tuna in Japan All tuna In Japan must be labelled with details of its origin

Conclusion for tuna: 

Conclusion for tuna Tariff reduction is a fact – and investors and canners have to be aware of it Already now companies are investing in those countries where lower tariffs exist It is an illusion to fight for tariff protection in order to protect ones industry Consumers will have the final say on quality and origin, including environmental concerns

Shrimp: 

Shrimp

Tariffs for shrimp- USA: 

Tariffs for shrimp- USA Tariffs in the US market for shrimp*: 0% tariff for all frozen products 5% tariff, when canned with fish meat *) except for the anti-dumping tariffs.

US anti-dumping: 

US anti-dumping Against countries selling at a price below in domestic (US) production prices Obvious difference between the US definition of dumping and the WTO definition Complaint likely to come soon

US anti-dumping: 

US anti-dumping Countries affected: Brazil up to 67.8% Ecuador 2.00%-3.25% India 5.02%-15.36% Thailand 5.79% - 6.82% China 27.89% -82.27% Viet Nam 12%-93%

Other issues …: 

Other issues … Country of origin labeling in USA In September 2004, Wild American Shrimp Campaign Antibiotics levels in shrimp TEDs are still there

Tariffs - EU: 

Tariffs - EU EU tariffs are 12% for frozen shrimp and 20% for canned shrimp The tariff for frozen Pandalus and Parapenaeus shrimp is 0%, the one of frozen Penaeus is reduced to 4.8% until the end of 2005 for all countries the tariff on canned shrimp is reduced to 7%

Tariffs – EU: 

Tariffs – EU Indonesia, Thailand, India, Malaysia, and Pakistan 4.8% for frozen shrimp and 7% for canned shrimp Bangladesh, Sri Lanka and Maldives 0%

Tariffs - EU: 

Tariffs - EU New EU members had to increase duty to same level as EU since May 2004

Traceability - EU: 

Traceability - EU Name of species Way of production – wild versus aquaculture Ocean of origin – in the case of marine capture - or country of origin – in the case of aquaculture or inland capture

Other issues …: 

Other issues … Detention of shrimp with antibiotics in EU (at present finished, but might come back) China (mainland and Taiwan) Thailand Indonesia India Philippines Viet Nam Bangladesh and others more

Tariffs and Free Trade Agreements – Japan : 

Tariffs and Free Trade Agreements – Japan Tariffs in Japan are 1.8% for fresh, 4.8% for cooked shrimp, and 6% for frozen and canned shrimp Japan To Eliminate Tariffs On Mexican Shrimp

Other issues …: 

Other issues … All shrimp imported into Japan must be labelled with details of its origin Antibiotics research enforced

Conclusions for shrimp: 

Conclusions for shrimp Anti-dumping tariffs in the USA is the big issue at the moment Antibiotics detention in the EU have smoothened recently, as producing countries have improved their control system As for tuna, consumers will have the final say on quality and origin, including environmental concerns

Conclusions for shrimp: 

Conclusions for shrimp Tariffs have been reduced, and are relatively unimportant, especially in the USA and Japan In the EU they are still high, and have not been reduced under the WTO. At the moment there is a partial suspension and reduction by about 66%, but this could be revised upwards again in early 2006.

Cephalopods: 

Cephalopods

Tariffs - USA: 

Tariffs - USA Tariffs in the US market for cephalopods: 0% tariff for all frozen and canned products

Tariffs - EU: 

Tariffs - EU EU tariffs are 8% for fresh and frozen cuttlefish, with the only exception of frozen Sepiola rondeleti where the tariff is 6% EU tariffs are 6% for fresh and frozen Loligo squid, and 8% for other fresh and frozen squid EU tariffs are 8% for fresh and frozen octopus EU tariffs are 20% for canned cuttlefish and squid

Tariffs – EU: fresh and frozen cephalopods: 

Tariffs – EU: fresh and frozen cephalopods Indonesia, India, Malaysia, Pakistan and Thailand always at highest tariff foreseen Bangladesh, Sri Lanka and Maldives 0%

Tariffs – EU: canned cephalopods: 

Tariffs – EU: canned cephalopods Indonesia, India, Malaysia, and Pakistan 7% Bangladesh, Sri Lanka and Maldives 0% Thailand 20%

Tariffs– Japan : 

Tariffs– Japan Reduction of tariffs for cephalopods: fresh and frozen squid and cuttlefish from 5% to 3.5% under the GATT agreement fresh and frozen octopus from 10% to 7% under the GATT agreement (other octopus from 15% to 10%) Canned cephalopods from 15% to 10% under the GATT agreement

Conclusions - cephalopods: 

Conclusions - cephalopods Canned cephalopods have relatively high tariffs in the EU and Japan, while fresh and frozen cephalopods demand relatively lower tariffs. Cephalopods are not a top item in trade discussions or dispute settlements in the WTO, being a relatively unimportant and quite closed sector.

Conclusions – cephalopods (cont.): 

Conclusions – cephalopods (cont.) It has also to be considered that the domestic cephalopod industry in the main consuming countries is declining, so that more products have to be imported, which will lead to a reduction of tariffs cephalopods are not cultured, which excludes the whole discussion on anti-biotics and good aquaculture practices so important for other commodities

Groundfish: 

Groundfish

Tariffs - USA: 

Tariffs - USA Tariffs in the US market for groundfish: 0% tariff for all fresh and frozen groundfish products Fish sticks and similar products of any size or shape, fillets or other portions of fish, if breaded, coated with batter or similarly prepared Neither cooked nor in oil: 10% other 7.5%

Tariffs - EU: 

Tariffs - EU EU uses a reference price system for cod (euro 1067/tonne) and a tariff of 3% 15% for fresh hake, but 0% for a quota of 20000 tonnes of frozen hake 7.5% for certain other groundfish and fillets value added groundfish (Fillets, raw, merely coated with batter or breadcrumbs, whether or not prefried in oil, frozen) 7.5%

Tariffs - EU: 

Tariffs - EU Pakistan, India, Indonesia, Malaysia and Thailand have the highest tariff for whole and fillets of groundfish Bangladesh, Sri Lanka and Maldives 0%

Tariffs – EU: value added products: 

Tariffs – EU: value added products Indonesia, India, Malaysia, and Pakistan 4% Bangladesh, Sri Lanka and Maldives 0% Thailand 7.5%

Tariffs– Japan : 

Tariffs– Japan Reduction of tariffs for groundfish: fresh and frozen whole groundfish from 5% to 3.5% under the GATT agreement for frozen fillets of cod and hake 10% for some products the tariff is zero for developing countries value added groundfish 9.6%

Conclusions - groundfish: 

Conclusions - groundfish There are many different tariffs for groundfish products, which reflect the need of the national processing industry to be protected or to source raw material for its processing industry value added fillets (breaded, coated, etc.) have high tariffs, preventing imports of these products.