Uneven Agreement

The Canada Feed-in-Tariff case shows that rules on the supply of local content under the CMS could be considered prohibited measures, although they give an advantage to local industries. While the CMS prohibits subsidies that depend on the use of domestic products, it must first be shown that a controversial local content requirement confers an advantage within the meaning of the agreement and it has not been established that Ontario`s feed-in-tariff program confers an advantage on domestic wind and solar producers. This does not show so much that the WTO panels and the appeal body consistently apply the rules of the SCM that have received public assistance, as some commentators have found, note 57 of the footnote, but rather as an expression of the fact that it is difficult to establish a relevant market for renewable energy, given the historical dominance of governments in this sector. Footnote 58 In principle, many sectors in which public procurement is important may be affected in the same way, even if there is a transparent tender. Identifying the illegality of national content requirements in government-intensive markets, for example. B of a large infrastructure, could explain precisely why the SCM agreement is not an instrument for regulating the use of offsets. Prior to the Cotonou Agreement, the 1975 Lomé Convention was the 1975 Lomé Convention, under which the EU granted ACP countries “non-reciprocal” trade preferences for the export of agricultural and mineral materials to Europe duty-free. Today, the EU wants these agreements to be replaced by EPAs that are “reciprocal” and not the “non-reciprocal” trade preferences of the Lomé Convention, so that ACP countries can open their markets to EU exports in the same way. But Africa is in no hurry to liberalize its markets. The EU also supports last year`s trade facilitation agreement in Bali, Indonesia.