The EU-Caribbean Trade Relationship Post-Lisbon: The Case of Bananas

Abstract

This article examines, from a legal perspective, the Lisbon Treaty changes over the European Union’s (EU) common agricultural policy (CAP) and their impact on developing countries. The study focuses particularly on the Caribbean region of the African, Caribbean and Pacific (ACP group), which signed an Economic Partnership Agreement with the EU in 2008, and will use bananas as the exemplar commodity. The Lisbon Treaty which entered into force in December 2009 has brought important institutional changes within the EU and altered the distribution of responsibility over European policies. The European Parliament (EP) now exercises legislative functions ‘jointly’ with the Council over fields falling outside EU trade policy but which often have trade-related impacts. This is the case of the CAP which is now a shared rather than an exclusive competence policy area. The EU is an important market for developing countries’ export of agricultural food products. However, there is a risk that the EP positions, pressured by consumer opinion, could influence the negotiating process leading to the reinforcement of the EU’s protectionist agriculture policy. This subject is of high importance given the end of the so-called ‘banana war’ in 2009 against the EU banana import regime, allowing better access for Latin American countries’ bananas to the EU market. This article argues that ACP countries will not be affected by the EU internal changes post-Lisbon. They have managed to legally maintain special trade arrangements with the EU under the Economic Partnership Agreements, which provide them with favourable trading conditions, particularly for agricultural food products.