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RECOMMENDATION (15958/2023 – C90468/2023 – 2023/0338(NLE))

On the draft Council decision on the conclusion, on behalf of the European Union, of the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part

A-9-2024-0012

Committee on International Trade · Rapporteur: Alessandra Mussolini

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The Committee on International Trade recommends that Parliament give its consent to the conclusion of the Economic Partnership Agreement between the European Union and Kenya. The agreement implements bilaterally the provisions of the EU-East African Community EPA, whose regional application did not proceed because not all East African Community members signed and ratified it. It covers trade in goods, customs and trade facilitation, technical barriers to trade, sanitary and phytosanitary measures, agriculture and fisheries, development cooperation, dispute settlement and a trade and sustainable development annex. The agreement remains open to other East African Community partner states, will be reviewed after five years and every five years thereafter, and includes a commitment to negotiate new areas within five years of entry into force.

Committee position. The rapporteur recommends that Parliament give its consent to the conclusion of the agreement.

Key points

  1. Parliament gives its consent to the conclusion of the Economic Partnership Agreement between the European Union and Kenya.
  2. The agreement bilaterally implements the provisions of the EU-East African Community EPA, which was never provisionally applied because not all East African Community members signed and ratified it.
  3. In February 2021 the East African Community Summit allowed individual member countries to proceed bilaterally under 'variable geometry'; Kenya notified the Commission on 4 May 2021.
  4. A Joint Statement signed on 17 February 2022 agreed to advance negotiations, which were concluded at political level on 19 June 2023.
  5. The agreement covers trade in goods, customs and trade facilitation, technical barriers to trade, sanitary and phytosanitary measures, agriculture and fisheries, development cooperation, dispute avoidance and settlement, and a trade and sustainable development annex.
  6. It includes two Joint Statements on the applicability of the trade and sustainable development provisions and the rules of origin provisions.
  7. The agreement is a key deliverable of the EU-Kenya Strategic dialogue launched in June 2021 and remains open to accession by other East African Community partner states.
  8. The agreement will be reviewed five years after entry into force and every five years thereafter.
  9. A 'rendez-vous clause' commits the parties to negotiate new areas, including trade in services, sustainable development, competition policy, investment, private sector development, intellectual property rights and transparency in public procurement, with results to be added within five years of entry into force.
  10. Parliament's consent is required under Article 218(6) TFEU for the Council to adopt the decision concluding the agreement.

Who is affected

  • Kenya: the agreement applies bilaterally between it and the European Union.
  • Other East African Community partner states: the agreement remains open to their accession.
  • EU traders and operators in goods, customs, agriculture, fisheries and related services covered by the agreement.

Figures and deadlines

  • '16 October 2014': date negotiations on the EU-East African Community EPA were concluded.
  • 'February 2021': East African Community Summit decision allowing bilateral implementation.
  • '4 May 2021': date Kenya notified the European Commission.
  • '17 February 2022': date of the Joint Statement agreeing to advance negotiations.
  • '19 June 2023': date negotiations between the EU and Kenya were concluded at political level.
  • 'five years': review after entry into force and every five years thereafter.
  • 'within five years following its entry into force': deadline for adding results of negotiations on new areas.

Legal basis: Article 207(4), first subparagraph, and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union.