Trade Agreements and their Potential Impact on Environmental Protection

Author: Dr Annalisa Savaresi, Dr Filippo Fontanelli

PDF Published: Friday 04 Sep 2020 (SB 20-56)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Executive Summary
- About the authors
- 1. Introduction
- 2. International trade rules under the WTO and Free Trade Agreements (FTAs)
  - 2.1 The World Trade Organization (WTO)
  - 2.2 Free Trade Agreements (FTAs)
- 3. The interaction between environmental measures and trade obligations
  - 3.1 Examples of interactions between trade and environmental measures
    
    a. Rules on preparation and production methods (PPMs):
    
    b. Rules banning import of harmful goods:
    
    c. Rules on marketing and certification schemes:
    
    d. Prohibited goods:
    
    e. Green subsidies:
    
    f. Other environmental measures:
    
    g. Dual tariffs:
    
    h. Lawful tariffs:
  - 3.2 Impact on domestic and international trade: managing the regulatory floor
  - 3.3 Environmental provisions in FTAs
  - 3.4 Trade and the EU push towards stricter environmental standards
- 4. Case-studies: interactions between trade rules and environment, animal welfare and food safety ambitions
  - 4.1 Trade in eggs and egg products – interaction between trade and animal welfare standards
  - 4.2 Chlorine-washed chicken and industry-wide voluntary standards – interaction between trade and food safety standards
  - 4.3 Scottish environmental ambitions and potential interactions with trade rules
    
    4.3.1 Peat extraction and use
    
    4.3.2 Waste reduction measures
    
    4.3.3 The right to repair
- 5. Scotland: Devolution, trade and environmental standards
  - 5.1 The Scottish Government’s view
  - 5.2 The trade agreement with the EU: State of play
  - 5.3 The trade agreement with the United States: State of play
Sources

Image: Figure 1. UK throughput by production method

Offer price in Birmingham of whole egg powder from enriched cage system eggs produced in the UK and conventional cage system eggs produced in Ukraine, USA, Argentina and India in pence per kilogram in 2018

Image: 4.1 Trade in eggs and egg products – interaction between trade and animal welfare standards

Office of the United States Trade Representative. (2019, February). United Kingdom Negotiations Summary of Specific Negotiating Objectives. Retrieved from https://ustr.gov/sites/default/files/Summary_of_U.S.-UK_Negotiating_Objectives.pdf [accessed 1 September 2020]

Scottish Parliament. (2020, May 28). The UK Environment Bill. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2020/5/28/The-UK-Environment-Bill#Delegated-powers-in-the-Bill [accessed 1 September 2020]

European Council. (2015, October 1). Seal products trade: the EU ban adapted to WTO rules. Retrieved from https://www.consilium.europa.eu/en/press/press-releases/2015/10/01/seal-products/ [accessed 1 September 2020]

Fontanelli, F. (2019). Anatomy of Modern Free Trade Agreements. Retrieved from https://bprcdn.parliament.scot/published/2019/7/26/Anatomy-of-modern-Free-Trade-Agreements/SB%2019-50.pdf [accessed 28 May 2020]

Dairy Reporter. (2020, January 6). US-Japan trade deal opens market for cheese products. Retrieved from https://www.dairyreporter.com/Article/2020/01/06/US-Japan-trade-deal-opens-market-for-cheese-exports [accessed 1 September 2020]

World Trade Organization. (n.d.) United States — Import Prohibition of Certain Shrimp and Shrimp Products. Retrieved from https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds58_e.htm [accessed 2 September 02]

European Commission. (2019, October 15). Report From The Commission To The European Parliament and the Council on the development, validation and legal acceptance of methods alternative to animal testing in the field of cosmetics (2018). Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571296087248&uri=CELEX:52019DC0479 [accessed 02 September 2020]

UK Parliament. (2002, January 13). Select Committee on European Scrutiny Sixteenth Report. Retrieved from https://publications.parliament.uk/pa/cm200102/cmselect/cmeuleg/152-xvi/15202.htm [accessed 02 September 2020]

World Trade Organization. (n.d.) Brazil — Measures Affecting Imports of Retreaded Tyres. Retrieved from https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds332_e.htm [accessed 02 September 2020]

Bloomberg. (2019, January 9). Japan Ends Two-Decade U.K. Beef Ban as Mad Cow Disease Fears Dim. Retrieved from https://www.bloomberg.com/news/articles/2019-01-09/japan-ends-two-decade-u-k-beef-ban-as-mad-cow-disease-fears-dim [accessed 02 September 2020]

World Trade Organization. (2017, October 3). China’s import ban on solid waste queried at import licensing meeting. Retrieved from https://www.wto.org/english/news_e/news17_e/impl_03oct17_e.htm#:~:text=China's%20import%20ban%20on%20solid%20waste%20queried%20at%20import%20licensing%20meeting,- [accessed 2020]

World Trade Organization. (n.d.) Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging. Retrieved from https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds435_e.htm [accessed 02 September 2020]

European Parliament. (2019, March 27). Parliament seals ban on throwaway plastics by 2021. Retrieved from https://www.europarl.europa.eu/news/en/press-room/20190321IPR32111/parliament-seals-ban-on-throwaway-plastics-by-2021#:~:text=On%20Wednesday%2C%20Parliament%20approved%20a,35%20against%20and%2028%20abstained. [accessed 02 September 02]

World Trade Organization. (n.d.) Domestic support in agriculture: The boxes. Retrieved from https://www.wto.org/english/tratop_e/agric_e/agboxes_e.htm [accessed 02 September 2020]

Reuters. (2019, November 15). France to end tax breaks for palm oil in biofuel. Retrieved from https://www.reuters.com/article/us-total-palmoil/france-to-end-tax-breaks-for-palm-oil-in-biofuel-idUSKBN1XP1NG [accessed 02 September 2020]

The Guardian. (2020, January 8). UK could put tariffs on food from countries with lower standards. Retrieved from https://www.theguardian.com/environment/2020/jan/08/uk-could-put-tariffs-on-food-from-countries-with-lower-standards [accessed 02 September 2020]

The Financial Times. (2020, May 13). UK plan to cut US farming tariffs sparks ministerial spat. Retrieved from https://www.ft.com/content/e583b8a2-4074-4fa9-9c43-08a9979e0bee [accessed 02 September 2020]

Farming UK. (2020, May 12). Egg producers call on government for Brexit tariff protection. Retrieved from https://www.farminguk.com/news/egg-producers-call-on-government-for-brexit-tariff-protection_55624.html [accessed 2 September 2020]

UK Government. (2020, February 27). DRAFT WORKING TEXT FOR A COMPREHENSIVE FREE TRADE AGREEMENT BETWEEN THE UNITED KINGDOM AND THE EUROPEAN UNION. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/886010/DRAFT_UK-EU_Comprehensive_Free_Trade_Agreement.pdf [accessed 2 September 2020]

UK Government. (2020, March 2). UK-US Free Trade Agreement. Retrieved from https://www.gov.uk/government/publications/the-uks-approach-to-trade-negotiations-with-the-us [accessed 2 September 2020]

European Commission. (n.d.) Timber Regulation. Retrieved from https://ec.europa.eu/environment/forests/timber_regulation.htm [accessed 02 September 2020]

European Parliament. (2020, June). Human Rights Due Diligence Legislation - Options for the EU. Retrieved from https://www.europarl.europa.eu/RegData/etudes/BRIE/2020/603495/EXPO_BRI(2020)603495_EN.pdf [accessed 02 September 2020]

UK Government. (2020, August 2). United Kingdom Egg Statistics – Quarter 2, 2018. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/752939/eggs-statsnotice-02aug18.pdf [accessed 02 September 2020]

World Trade Organization. (n.d.) European Communities — Certain Measures Affecting Poultry Meat and Poultry Meat Products from the United States. Retrieved from https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds389_e.htm [accessed 02 September 2020]

Food Manufacture. (2020, July 8). Aldi vows never to sell chlorinated chicken or hormone treated beef. Retrieved from https://www.foodmanufacture.co.uk/Article/2020/07/08/Aldi-will-not-sell-chlorinated-chicken-or-hormone-beef [accessed 2 September 2020]

BBC. (2020, June 25). Waitrose will never stock chlorinated chicken, says boss. Retrieved from https://www.bbc.co.uk/news/business-53179588 [accessed 2 September 2020]

The Conversation. (2020, November 26). Whatever happened to ‘bans’ on GM produce in British supermarkets?. Retrieved from https://theconversation.com/whatever-happened-to-bans-on-gm-produce-in-british-supermarkets-51153 [accessed 2 September 2020]

Compassion in World Farming. (n.d.) Policies of the UK Supermarkets: Laying hens. Retrieved from https://www.ciwf.org.uk/media/5263479/uk-supermarket-policies-in-uk-laying-hens-dec-2019.pdf [accessed 2 September 2020]

The Conversation. (2017, August 2). Chlorine-washed chicken Q&A: food safety expert explains why US poultry is banned in the EU. Retrieved from https://theconversation.com/chlorine-washed-chicken-qanda-food-safety-expert-explains-why-us-poultry-is-banned-in-the-eu-81921 [accessed 2 September 2020]

The Ferret. (2020, March 12). Highland peat extraction ‘at odds’ with climate emergency. Retrieved from https://theferret.scot/peat-extraction-highland-climate-carbon/ [accessed 02 September 2020]

Scottish Government. (2019, November 6). Commercial extraction of peat: Chief Planner letter November 2019. Retrieved from https://www.gov.scot/publications/commercial-extraction-of-peat-chief-planner-letter-november-2019/ [accessed 2 September 2020]

Committee on Climate Change. (2020, January 23). Land use: Policies for a Net Zero UK. Retrieved from https://www.theccc.org.uk/publication/land-use-policies-for-a-net-zero-uk/ [accessed 2 September 2020]

UK Parliament. (n.d.) Petition: Ban peat compost. Retrieved from https://petition.parliament.uk/archived/petitions/263362 [accessed 02 September 2020]

Scottish Government. (2019, November 7). Developing Scotland's circular economy: consultation on proposals for legislation. Retrieved from https://www.gov.scot/publications/delivering-scotlands-circular-economy-proposals-legislation/pages/5/ [accessed 2 September 2020]

European Parliamnet. (2019). Consumers and repair of products. Retrieved from https://www.europarl.europa.eu/RegData/etudes/BRIE/2019/640158/EPRS_BRI(2019)640158_EN.pdf [accessed 2 September 2020]

Zero Waste Scotland. (n.d.) Case study Re-tek UK Limited. Retrieved from https://www.zerowastescotland.org.uk/sites/default/files/Retek_CaseStudy.PDF

Zero Waste Scotland. (n.d.) What are circular economy business models?. Retrieved from https://www.zerowastescotland.org.uk/content/what-are-circular-economy-business-models [accessed 2 September 2020]

Scottish Parliament. (2019, March 28). The UK’s accession to the Government Procurement Agreement of the WTO – part 2. Retrieved from https://spice-spotlight.scot/2019/03/28/the-uks-accession-to-the-government-procurement-agreement-of-the-wto-part-2/ [accessed 2 September 2020]

Scottish Parliament. (n.d.) Scotland and the UK Internal Market - Call for views. Retrieved from https://www.parliament.scot/parliamentarybusiness/CurrentCommittees/113987.aspx [accessed 2 September 2020]

Food and Drink Federation Scotland. (n.d.) Written evidence submission to the Finance and Constitution Committee. Retrieved from https://www.parliament.scot/S5_Finance/General%20Documents/submission_from_Food_and_Drink_Federation_Scotland_3.pdf [accessed 2 September 2020]

National Farmers Union Scotland. (n.d.) Written evidence submission to the Finance and Constitution Committee. Retrieved from https://www.parliament.scot/S5_Finance/General%20Documents/submission_from_NFU_Scotland_10.pdf [accessed 2 September 2020]

UK Government. (2020, July 16). Policy paper UK internal market. Retrieved from https://www.gov.uk/government/publications/uk-internal-market [accessed 2 September 2020]

University of Edinburgh Centre on Constitutional Change. (2020, July 17). Response: The Internal Market White Paper. Retrieved from https://www.centreonconstitutionalchange.ac.uk/news-and-opinion/response-internal-market-white-paper [accessed 2 September 2020]

University of Edinburgh, Centre on Constitutional Change. (2020, February 19). Brexit, Devolution and the UK Internal Market. Retrieved from https://www.centreonconstitutionalchange.ac.uk/opinions/brexit-devolution-and-uk-internal-market [accessed 2 September 2020]

Scottish Parliament. (2020, August 4). UK Withdrawal from the European Union (Continuity) (Scotland) Bill: Parts 1 and 3. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2020/8/4/UK-Withdrawal-from-the-European-Union--Continuity---Scotland--Bill--Parts-1-and-3 [accessed 2 September 2020]

Scottish Parliament. (2020, February 28). EU-UK future relationship negotiations Issue 1- February 2020. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2020/2/28/EU-UK-future-relationship-negotiations-Issue-1--February-2020 [accessed 2 September 2020]

Scottish Government. (2018, August 30). Scotland's role in the development of future UK trade arrangements. Retrieved from https://www.gov.scot/publications/scotlands-role-development-future-uk-trade-arrangments/pages/8/ [accessed 2 September 2020]

European Commission. (2020, March 18). Draft text of the Agreement on the New Partnership with the United Kingdom. Retrieved from https://ec.europa.eu/info/sites/info/files/200318-draft-agreement-gen.pdf [accessed 2 September 2020]

UK Government. (2020, February 27). DRAFT UK-EU Comprehensive Free Trade Agreement (CFTA). Retrieved from https://www.gov.uk/government/publications/our-approach-to-the-future-relationship-with-the-eu [accessed 2 September 2020]

European Commission. (2020, February 3). COUNCIL DECISION authorising the opening of negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020PC0035 [accessed 2 September 2020]

Jordan, A. (2019, April 25). Dynamic alignment: A new policy principle in the making?. Retrieved from https://www.brexitenvironment.co.uk/2019/04/25/dynamic-alignment/ [accessed 2 September 2020]

UK Government. (2020, February 2). The Future Relationship with the EU The UK’s Approach to Negotiations. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/868874/The_Future_Relationship_with_the_EU.pdf [accessed 2 September 2020]

Scottish Government. (2020, February 21). EU trade standards ‘cannot be replicated’. Retrieved from https://www.gov.scot/news/eu-trade-standards-cannot-be-replicated/ [accessed 2 September 2020]

Greener UK. (2019, October 28). Briefing for Commons Second Reading of the Environment Bill Greener UK and Wildlife and Countryside Link. Retrieved from https://greeneruk.org/sites/default/files/download/2019-10/GreenerUK_LINK_Environment_Bill_briefing_2nd_reading.pdf [accessed 2 September 2020]

Conservative Home. (2020, May 12). Neil Parish: Why my animal welfare amendment should be supported tomorrow. Retrieved from https://www.conservativehome.com/platform/2020/05/neil-parish-why-my-animal-welfare-amendment-should-be-supported-tomorrow.html [accessed 2 September 2020]

Business Insider. (2020, July 18). The US will 'push off' a post-Brexit trade deal with the UK until its food standards demands are met. Retrieved from https://www.businessinsider.com/robert-lighthizer-trump-us-will-push-off-uk-trade-deal-with-the-uk-over-food-standards-2020-6?r=US&IR=T [accessed 2 September 2020]

US House of Representatives Ways and Means Committee. (2020, June 17). THE 2020 TRADE POLICY AGENDA. Retrieved from https://waysandmeans.house.gov/legislation/hearings/2020-trade-policy-agenda [accessed 2 September 2020]

Sustain. (n.d.) Trade Secretary announces new Trade and Agriculture Commission. Retrieved from https://www.sustainweb.org/news/jun20_trade_commission_nfu_liz_truss/ [accessed 2 September 2020]

Last Updated: 2/1 4:45pm

Image: Figure 1. UK throughput by production method

Image: 4.1 Trade in eggs and egg products – interaction between trade and animal welfare standards

Image: 4.1 Trade in eggs and egg products – interaction between trade and animal welfare standards

An error occured while loading, please try again in a few minutes.