Le condizioni dell'accordo firmato oggi tra Cina e Unione Europea

La Commissione Europea ha reso noti i seguenti termini generali dell'accordo raggiunto oggi con la Cina. THE SINO-EU AGREEMENT ON
CHINA'S ACCESSION TO THE WTO:
RESULTS OF THE BILATERAL NEGOTIATIONS.

The following is an overview of the results achieved by the EU since the signature of the Sino-US accord. Some of the issues covered are unique to the EU, while others had already been the subject of negotiations between China and other partners. In both cases, the list below is confined to commitments which were secured explicitly by the European Union.

INDUSTRIAL GOODS

Import tariffs

As for specific EU priorities not covered by China's previous bilateral Agreements, these were concentrated on 150 specific products varying from gin to building materials. On these EU-specific priorities, an additional reduction of 40% on top of earlier offers was obtained (the tariff average falling from 18.6% to 10.9%).

Tariffs on all spirits will be aligned to a level of 10%. There will be no difference in the treatment of whisk(e)y, Cognac, Gin etc. The presently applied tariff level is still at 65%.
Tariffs on key cosmetics products will come down to a level of 10% (currently up to 30%). This implies good prospects for a sector which already exports up to EUR 7 billion worldwide.
On leather and leather articles negotiations focused on 13 specific products which account for 60% of total EU exports in this sector. China agreed a reduction on these products from 20-25% to 10%.
On textiles China made some further improvements to the previous offer. China's textiles tariffs are very close to the levels of the EU and far lower than almost all other textile exporting countries.
Tariffs on 5 particular footwear products which account for more than 70% of EU footwear exports will be reduced from 25% to 10%.
Marble/building stones are popular articles in China's enormous construction market. On the 5 most important products tariffs will also be reduced from 25% to 10%.
On ceramics China agreed to reduce tariffs on 11 key ceramics products from 24.5-35% to 10-15%. And tariffs on 6 particular glass products will be reduced from 24.5% to 5%.

On 52 particular products in the important machinery and appliances sector, which accounts for 26% of total EU exports, tariffs will be cut to 5-10% from levels up to 35%.

Quotas: China's quota on Europe's fertilizer exports (NPK) will be liberalised upon accession, and restrictions in place this year will be immediately relaxed.
State Trading:

Liberalisation of import monopolies on oil and fertiliser - China has agreed to open the crude and processed oil sectors, as well as NPK fertiliser, to private traders through a process of gradual liberalisation. This means that firms will no longer be obliged to go exclusively through China's state importers when shipping oil and fertiliser to China. The oil (petroleum) and fertiliser sectors are the most significant domains where a state import monopoly has been in place.

Liberalisation of export monopoly on silk - EU firms will be able to buy raw silk directly from Chinese producers (who make 70% of the world total). Until now all purchases had to go through state export channels. This will bring substantial benefits to the EU's numerous manufacturers of ties, scarves and other high value silk garments and accessories.
Motor vehicles: the EU and China agreed on a range of improvements for EU firms which produce cars, vans and trucks in China. For those who have invested in joint-venture manufacturing operations (or will do so in the future), there are 3 key points:
- all restrictions regarding the category, type and models of vehicle produced will be lifted within 2 years, leaving the car-maker free to make such decisions on a purely commercial basis;
- provincial authorities alone will be able to approve investments in the sector up to $150 million (ceiling raised from $30m), substantially reducing red-tape for car manufacturers;
- for the manufacture of engines, China's joint-venture requirement will be removed, allowing wholly foreign owned production.

AGRICULTURE

Market access (tariffs and tariff quotas): Improvements have been made on the tariff quota for rape oil, as well as on tariffs on products such as: rape oil (down from 85% to 9%), pasta (down from 25% to 15%), butter (down from 30% to 10%), milk powder (down from 25% to 10%), mandarins (down from 40% to 12%), wine (down from 65% to 14%), olives (down from 25% to 10%) and wheat gluten (down from 30% to 18%).

Sanitary and Phytosanitary measures: The EU and China signed an SPS Agreement that will provide for compliance by China with the WTO's SPS Agreement, as well as resolving a number of bilateral SPS trade frictions. This agreement will be supplemented by subsequent agreements with individual EU Member States, to be concluded before China's formal entry into the WTO.

SERVICES

Telecommunications: The telecommunications offer has been considerably enhanced. China will open its mobile telephony market 2 years ahead of schedule. Upon accession, foreign operators will be permitted a 25% share, rising to 49% 3 years after accession. China has agreed to allow operations between Chinese cities (where the biggest business is located, covering more than 75% of current traffic) and not to restrict them to activity within each city. The liberalisation of domestic leased circuit services has also been obtained, which is a key commitment for foreign telecom companies to allow them to sell their spare capacity. Furthermore, the access of user firms (usually large foreign corporations) to international corporate telecommunications has also been improved. Finally, China and the EU have agreed to a satisfactory settlement concerning the mobile investments of EU telecommunication companies (France Telecom, Siemens/Deutsche Telekom and Telecom Italia) in the 2^nd Chinese carrier, China Unicom.

Insurance : Effective management control has been negotiated for foreign participants in life insurance joint ventures, through choice of partner, and a legal guarantee of freedom from any regulatory interference in privately negotiated contracts on a 50-50 equity basis. Foreign insurers will see their scope of business advanced by 2 years in life and non-life activities, selling the same products their Chinese competitors. This includes health, pension and group insurance in life, and all non-life activities except for mandatory 3^rd party liability auto insurance. Geographic expansion of cities open to foreign insurers has also been accelerated. Brokers (insurance intermediaries) will have access to the Chinese market through local establishment for the first time. A number of new licences, for both life and non-life business, will be immediately provided to EU companies.

Banking: The banking offer has been improved. Non-financial institutions will be able to give credit facilities for the purchase of all motor vehicles, including trucks, buses, tractors, motorcycles etc, rather than just cars. China has also agreed to allow foreign banks in the city of Zhuhai to advance their operations in local currency. Zhuhai, which is just off Macao, holds several EU banks.

Distribution: China has agreed to lift the specific joint venture restriction applicable to large department stores, as well as for virtually all chain stores, as well as lifting the 20,000m² size limit for foreign-owned stores.

Securities: China and the EU have agreed to establish a regulatory dialogue on the development of the securities market in China. The EU welcomes the opportunity to contribute its expertise to the expansion of the Chinese securities market.

Dredging: Dredging activities, related to infrastructure construction, are now open to foreign firms.

Tourism : The tourism offer has been extended from holiday services to also cover corporate travel business. The establishment requirements for travel agencies and tour operators have been eased to the benefit, in particular, of SMEs specialised in the Chinese market. The capital requirement will be gradually reduced to the same level as that applied to Chinese firms. The minimum turnover requirement has also now been further reduced, upon accession, by 20% (down to 40 million USD).

Legal services : foreign law firms will, for the first time, be able to also offer services on Chinese law. In particular they will be able to provide information to their clients on the Chinese legal environment. Concerning other activities in Chinese law (representations before the Courts etc.), the arrangements with local law firms have been improved by allowing foreign firms directly to instruct individual Chinese lawyers in these firms. Improvements have also been obtained on the prior experience requirements for lawyers - prior experience will no longer have to be consecutive, and the requirement for all lawyers, other than the Chief representative, has been reduced from 3 to 2 years. Finally, it has been recognised for the first time that solicitors (although not members of a bar) will also be covered by the agreement.

Accountancy : Accountants will be able to provide taxation and management consultancy services under the same conditions as accounting services, and will no longer be required to partner.

Architects : Architects will now have an extended access on a cross-border basis, by allowing them to provide scheme design services.

Market research : The Chinese Decree imposing extremely burdensome requirements that might affect the confidentiality of market research reports will be substantially amended. Reports will no longer be pre-examined by Chinese authorities before being given to the client, but firms will merely have send copies of questionnaires to the authorities (not of the replies and results).

HORIZONTAL ISSUES

Government Procurement: China has agreed to full transparency and non-discrimination (MFN) in government purchases.

Trade-distorting investment-related measures: The EU and China have agreed on commitments similar to those included in the Sino-US agreement, but also incorporating an obligation to eliminate industrial export subsidies, and offset requirements in the civil aircraft sector.

National treatment: This is a basic GATT obligation. China has now given specific commitments to phase out legislation that gives unfair advantages to domestic producers in the field of pharmaceutical pricing, after-sales services of imported goods, chemical import registration requirements, control of imported boilers, and retail of imported cigarettes and spirits. In some cases China will have one or two years to make her legislation WTO compliant.

China as a WTO Member - Implementation through partnership

As China enters the WTO, it will of course be vital that all of the changes to her trade regime described above are implemented as promptly and accurately as possible. In order to make this process as smooth as possible, the EU is committed to working in partnership with China.

Technical assistance will clearly have a role to play, and with this in mind, the EU has a number of co-operation projects in place, or lined up for the near future. They are designed specifically to help build the capacity of China's government and administration to implement its impending commitments under the WTO.

WTO oriented technical assistance projects

Five projects, with a budget totalling around EUR 22 million, have already been devised. Some are underway now, and others are due to come on stream in the months ahead. A framework programme in support of WTO accession will begin in the autumn, through which Chinese officials who deal with implementation of WTO commitments will receive training in a wide range of areas. A broad-based initiative to assist in the reform and restructuring of the financial services sector is due to begin at the end of this year. Projects underway cover the collection and provision of statistics, and the development of a framework for transparent and non-discriminatory public procurement. A series of projects supporting the development of a modern and effective system for the protection of intellectual property rights has also begun.

Assistance with implementation in the future

In addition, support for economic reform has been earmarked as a focal area for future funding. Projects will be proposed in consultation with China, to ensure that help is targeted where it is most useful.

The European Commission is determined to share its experience in the WTO with China, and to assist as far as possible with the changes which China will have to introduce and sustain in its continuing economic transition. It is vital to the future functioning of the multilateral system that China's accession is followed up with successful and fruitful participation in all aspects of WTO activity. That China's membership is a success is in the interests of everyone concerned - in China, the EU, and all over the world.OVERVIEW OF CHINA'S ECONOMIC REFORMS
AND WTO NEGOTIATIONS

1978: Deng Xiaoping launches China's Open Door Policy. First reforms take place in agriculture, as individual households are allowed to work land for up 15 years.
Only 12 trading companies are entitled to engage in foreign trade; this number is gradually expanded.
1980: China becomes a member of the IMF.
1980s: Government allows the collectively-owned so-called township and village entreprises to operate outside the central plan.
1986: China applies to join the GATT, the predecessor of the WTO.
1989: Work in the GATT Working Group is suspended for two years following Tienanmen.
1993: China eliminates its dual exchange rate.
1994: China makes first effort to conclude its GATT negotiations.
1995: The WTO is established and the Uruguay Round commitments enter into force for WTO Members, widening the scope of GATT rules to include new or increased market access and other commitments in goods, agriculture, textiles, services, and intellectual property rights. The WTO has a binding dispute settlement system for the first time.
End of 1995: China accepts full convertibility for current account transactions (Article VIII Membership of the IMF).
1996: In order to inject new momentum to the negotiations, EU proposes that China may have transition periods to implement certain WTO obligations after WTO accession. This is accepted by WTO members.
1997: China agrees to phase out its trading monopoly and to grant full trading rights to all Chinese and foreign individuals and companies within three years of accession. China agrees to fully implement the WTO TRIPs agreement upon accession.
1997: China's Party Congress initiates a new phase of the reform process by announcing an overall restructuring of the state enterprise sector, including elements of privatisation. (The sector employs well over 120 million people and accounts for 30% of GDP, down from 70% 15 years earlier.)
1998: China submits new tariff and services offers.
1999: Significant progress made across all fields of the negotiation (agriculture, goods, services, rules), including in bilateral negotiations with the US, EU and other partners.
November 1999: China concludes bilateral market access agreement with the US. Most market opening commitments will be implemented by the year 2005.
May 2000: China concludes bilateral market access agreement with the EU. Most market opening commitments will be implemented by the year 2005.
June 2000?: WTO Working Party resumes its work of drafting China's so-called Protocol of accession and Working Party report.
Summer 2000?: WTO Working Party finalises its work and submits China's Protocol and Working Party report to the WTO General Council.
1 January 2001?: China becomes WTO Member.

HIGHLIGHTS OF THE EU-CHINA AGREEMENT ON WTO

Telecommunications

The timetable for market opening in mobile telephony has been accelerated by 2 years. Foreign investment will be allowed at 25% on accession, 35% after [1] year and to 49% after 3 years.
China will open up its leasing market in 3 years, allowing foreign firms to rent capacity from Chinese operators and resell it, for both domestic and international traffic.

Insurance

Effective management control has been negotiated for foreign participants in life insurance joint ventures, through choice of partner, and a legal guarantee of freedom from any regulatory interference in private contracts on a 50-50 equity basis.
China will immediately give 7 new licences to European insurers, in both the life and non-life sectors.
Insurance business will be opened to foreign companies two years sooner than foreseen in the Sino-US Agreement.
Foreign brokers will be able to operate in China, free of any joint-venture requirement, 5 years after accession.

Monopoly state import/export restrictions

China's state monopoly on importing crude and processed oil, and NPK fertiliser, will be gradually opened to private traders, starting on accession.
The state monopoly on exporting silk - where China accounts for 70% of world production - will be completely removed by 2005.

Tariffs

China has reduced import tariffs on over 150 leading European exports - such as machinery, ceramics and glass, textiles, clothing, footwear and leather goods, cosmetics and spirits. Agreed levels are generally around 8-10%.

Motor vehicles

European carmakers are well established in China, and will have greater flexibility to choose which types of vehicles they build. Approval thresholds of provincial authorities will be raised from $30m to $150m.
China has agreed to eliminate the joint-venture restriction for engine production, upon accession.

Distribution

China has agreed to lift the specific joint venture restriction on large department stores and for virtually all chain stores, as well as lifting the 20,000m² size limit for foreign owned stores.

Agriculture

Market access will improve for key EU products, such as rape-seed oil, dairy products, pasta, wine and olives.
An EU-China sanitary and phytosanitary agreement will ensure China's application of the WTO SPS Agreement, and resolve a number of bilateral issues.

Horizontal measures

China will cease to apply a number of measures that distort trade and have macroeconomic effects, including export performance and local content requirements, and industrial export subsidies.
China's government procurement system will be transparent, and will not discriminate between foreign bidders.
China will abolish preferences to domestic producers in the fields of pharmaceuticals, chemicals, after-sales services, cigarettes and spirits.

Other

Improved market access in the fields of banking, legal services, accountancy & architecture, tourism, construction & dredging, and market research.