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DRAFT RECOMMENDATION (COM(2023)0562 – C90000/2023 – 2023/0338(NLE))

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

INTA-PR-753762

Committee on International Trade · Rapporteur: Alessandra Mussolini

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The rapporteur's draft report asks Parliament to give its consent to the conclusion of the Economic Partnership Agreement between Kenya and the European Union. The agreement implements the EU-East African Community EPA bilaterally with Kenya, after the regional EPA was never provisionally applied because not all EAC 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. It will be reviewed after five years and every five years thereafter, and includes a rendez-vous clause to negotiate new areas such as services, sustainable development, competition, investment, intellectual property and public procurement transparency.

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 EU-Kenya Economic Partnership Agreement.
  2. The agreement implements bilaterally the provisions of the EU-EAC EPA, whose negotiations concluded on 16 October 2014 but which was never provisionally applied.
  3. In February 2021 the EAC Summit allowed individual EAC 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 remain open to other EAC Partner States.
  5. Negotiations on the adjustments needed for bilateral implementation concluded on 19 June 2023.
  6. 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.
  7. Two Joint Statements concern the applicability of the trade and sustainable development provisions and the rules of origin provisions.
  8. The agreement is a key deliverable of the EU-Kenya Strategic dialogue launched in June 2021 and remains open to accession by other EAC Partner States.
  9. The agreement will be reviewed after five years from entry into force and every five years thereafter.
  10. 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.
  11. 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 Kenya and the EU.
  • Other EAC Partner States (Burundi, Rwanda, Tanzania, Uganda): the agreement remains open to their accession.
  • EU traders and businesses in the covered sectors, such as goods, agriculture and fisheries.

Figures and deadlines

  • 16 October 2014: date negotiations on the EU-EAC EPA concluded.
  • February 2021: EAC Summit decision allowing bilateral implementation.
  • 4 May 2021: Kenya notified the Commission of its request to move forward.
  • 17 February 2022: date of the Joint Statement agreeing to advance negotiations.
  • 19 June 2023: date negotiations on the EU-Kenya EPA concluded at political level.
  • June 2021: launch of the EU-Kenya Strategic dialogue.
  • Five years: review after entry into force and every five years thereafter.
  • Five years: deadline after entry into force 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.