Ref. Ares(2016)5813154 - 07/10/2016
Ref. Ares(2018)1186223 - 02/03/2018
QUESTIONNAIRE ON A
TRADE PILLAR OF THE EU-MERCOSUR ASSOCIATION AGREEMENT
This questionnaire consists of technical questions (e.g. on trade flows and
opportunities, customs procedures, rules of origin, standards and technical
regulations, trade defense, intellectual property rights etc.) and is targeting EU
business (companies/business organisations) to comment on practical experience
doing business in Mercosur countries.
Please indicate your preference when replying to this questionnaire:
Please note that regardless of the option chosen, your contribution may be subject to a
request for access to documents under the EU Regulation 1049/2001 on public access to
European Parliament, Council and Commission documents. In such cases, the request will
be assessed against the conditions set out in the Regulation and in accordance with
applicable data protection rules.
1. My contribution may be published under the name indicated; I declare that none of it is
subject to copyright restrictions that prevent publication.
2. My contribution may be published but should be kept anonymous; I declare that none of
it is subject to copyright restrictions that prevent publication.
3. I do not agree that my contribution will be published at all
(Unless respondents provide a substantial justification for their opposition to the
publication of their contribution, contributions are published on the dedicated website.)
Please specify the reason not to publish your contribution (Text of 1 to 200 characters will
be accepted).
Mercosur was established in 1991 and comprises Argentina, Brazil, Paraguay, Uruguay and
Venezuela, which officially joined in July 2012. In December 2012, the Protocol of
Accession of Bolivia to Mercosur was signed. This Protocol (which was revised in 2015) is
pending ratification by all Parliaments in Mercosur countries. The EU has bilateral
Partnership and Cooperation agreements
with Argentina, Brazil, Paraguay and Uruguay. On 1 January 2014, Mercosur countries, with the exception of Paraguay, ceased to benefit
from the Generalised Scheme of Preferences
(GSP), due to their classification as upper
middle-income countries.
Only the four founder Members (Mercosur4) participate in the negotiation with the EU.
The trade pillar covers market access and improved rules for industrial and agricultural
goods, services and establishment, and government procurement; as well as rules on
intellectual property, competition, customs and trade facilitation, technical barriers to trade
(TBTs), sanitary and phytosanitary issues (SPS), rules of origin and trade defense
instruments; and provisions on SMEs, energy and raw materials. There will also be
provisions on trade and sustainable development.
In 2000, the EU and Mercosur opened negotiations for an Association Agreement
including three pillars: political dialogue, cooperation and trade. Negotiations were
suspended in 2004, but re-launched at the EU-Mercosur summit in Madrid on 17 May
2010. In December 2013, the two sides agreed that in order for the process to move
forward, there would have to be a new exchange of market access offers. This exchange,
covering goods, services and establishment, and government procurement, took place on 11
May 2016.
On 22-23 July 2016, a chief negotiators' meeting was held in Montevideo, Uruguay, to take
stock across the board and to review all the texts in the negotiation. The next negotiating
round will take place on 10-14 October 2016.
Background
The Mercosur4 countries together represent a market of 250 million consumers and the 6th
largest economy in the world, with a combined GDP of €2.4 trillion in 2015. Their
economies grew considerably over the last decade. While growth has slowed in the past
three years, it remains an important market with a large middle class.
Mercosur remains a highly protected market with high tariff (often 20-35% on key
products) and non-tariff barriers to imports from the EU. Mercosur does not currently have
a trade agreement with any of its main trading partners.
EU-Mercosur trade
In 2015, Mercosur1 was the 10th largest export market for EU goods (and Brazil alone the
EU's 10th largest trade partner and the 14th largest export market). The EU's exports to the
region have steadily increased over the last years from €28 billion in 2007 to €46 billion in
2015.
EU exports to Mercosur countries consisted largely of manufactured products, notably
machinery and transport equipment (46% of total exports) and chemicals and pharma (24%
of total exports) in 2015. For EU export sectors, Mercosur is the largest export destination
for fertilisers, the 6th largest for pharmaceuticals, the 7th for chemicals and the 8th for
machinery. As regards EU exports of agricultural products, Mercosur is the 1st export
market for onions and garlic, 2nd for potatoes and pears and 3rd for olive oil. In 2014,
Mercosur was the 8th largest export market for EU services (Brazil alone the 9th largest)
with €19 billion in 2014. More than 5% of European Foreign Direct Investment (FDI) is
located in Mercosur (Brazil was the 3rd most important destination for EU outward FDI in
2014). EU FDI stocks in Mercosur have steadily increased over the past years, reaching
€415 billion in 2012 compared to €130 billion in 2000.
Information on the questionnaire
The questionnaire is divided into the following sections:
I. Trade in Goods
II. Trade in Services and Investment
III. Rules (Transparency, Intellectual Property Rights, Competition, Government
Procurement, SMEs)
IV. Other issues
1 For the purposes of this section taken to mean Mercosur4
2
Should there be any additional point you wish to draw the Commission's attention to,
please describe this under chapter "IV. Other issues".
In addition, where possible, we would appreciate receiving as much specific information as
possible (substantiated where possible by economic indicators and/or data) as to
respondents' interests, prioritization within sectors, and any proposals for solutions, where
problems have been identified.
The questionnaire has been prepared in order to provide the Commission with information
to assist it in establishing priorities and taking decisions throughout the negotiating process.
Your reply to this questionnaire is important in this process and we thank you in advance
for your contribution.
The Commission, subject to the application of the EU's rules on access to documents
(Regulation (EC) No 1049/2001), will treat the information that you provide as
confidential. EU rules on access to documents allow the Commission to withhold access to
a document where disclosure would undermine the commercial interests of a natural or
legal person or harm the EU's relations with third countries, unless there is an overriding
public interest in disclosure.
Please send your replies by 3 October 2016 at the latest to the following e-mail address:
xxxxxxxxxxxxxx@xx.xxxxxx.xx
I.
TRADE IN GOODS
The Trade in Goods section of this questionnaire is divided into the following sections:
A. General goods-related questions
B. Questions related to rules of origin
C. Questions related to import restrictions and prohibitions
D. Questions related to access to raw materials and export restrictions and prohibitions
E. Questions related to import and export procedures (included under a general
heading "customs procedures")
F. Questions related to discrimination and transparency in domestic regulation and
taxation
G. Questions on trade defence instruments (anti-dumping, anti-subsidy and safeguards)
H. Questions related to Technical Barriers to Trade (TBT) (industrial goods)
I. Questions related to Sanitary and Phytosanitary Measures (SPS) (agricultural
goods, fish and fishery products)
A. General goods related questions
1. What are the existing trade flows in your sector(s)?
2. What is your assessment of the potential for growth in this sector(s)? What are the
specificities of your sector in the Mercosur region / Mercosur countries that may have a
relevance for the trade agreement?
3. Could you specify your overall “offensive” and “defensive" interests?
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(Note: “Offensive interest” is understood to mean the interest you may have in
gaining access to the Mercosur market. “Defensive interest” is understood to mean
competition from Mercosur firms in your domestic market.)
4. In your sector, do you see either:
a) an interest in EU companies supplying goods to the Mercosur region / Mercosur
countries (i.e. an export interest)?
b) an interest in importing?
c) an interest in EU companies setting up production facilities in the Mercosur region /
Mercosur countries?
d) an interest in using the Mercosur region as a basis for trading / business within the
Mercosur countries?
How strongly (for example, in financial terms) would you rate the level of these
interests?
5. Do you have an interest in exporting or importing "green goods" (i.e. goods considered
to be environmentally and climate change friendly)?
6. Is there any element in a trade agreement between Mercosur / Mercosur countries and a
third country that harms your competitive position?
7. How would you assess for your sector the relative importance of Mercosur countries (in
terms of production capacity, comparative advantage, potential, etc.)?
B. Questions related to rules of origin
8. What preferential rules of origin should apply in the sector(s) of your interest in the
agreement with Mercosur? Can your sector(s) apply the new rules based on the reform
of the GSP rules of origin applicable since 2010? If relevant, please indicate the
maximum level of non-originating materials that you would wish to apply to your
products.
9. Would your industry need specific flexibility to source abroad, including from other
Mercosur countries? If yes, from which Mercosur country/ies? Could your industry
indicate sensitivities as regards possible cumulation by Mercosur countries of materials
or products from other Mercosur countries or from other EU trade agreement partners?
C. Questions related to duties, import restrictions and prohibitions
10. Does your sector face import restrictions or prohibitions in the Mercosur region /
Mercosur countries? If so, please specify the type of import restrictions (import duty,
combined with additional or specific duties, tariff rate quota, import licensing, import
prohibition, etc.)? Please specify the likely effect of their elimination.
Imports of industrial nitrocellulose into Brazil are restricted by a non-automatic import
licensing regime that de-facto acts as an import ban. Importers of both industrial-grade and
military-grade nitrocellulose are requested to seek authorization by the Brazilian army
(Board of Controlled Products). Brazil argues that industrial-grade material has the same
dangerous characteristics as military-grade material which in its view justifies maintaining
a licensing procedure by the military for both types of material. However, so far
authorization has only been granted for small quantities of military-grade nitrocellulose. It
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is also to note that industrial nitrocellulose differs substantially from military nitrocellulose
both in terms of usage (binder for industries such as printing ink industry or wood coating
industry) and nitrogen concentration.
The measure eliminates foreign competition in the Brazilian nitrocellulose markets which
is estimated to be approx. 10.000 tons and worth approx. 35.000.000$. According to
Brazilian statistics imports in 2013 have amounted to only 342 tons which was exclusively
military-grade material. This grants the Brazilian producer Nitro Quimica, which has a
production capacity of 38.000 tons, a de-facto monopoly in the Brazilian market. The
monopoly gains are then leveraged to underquote EU producers in the EU market.
The elimination of the measure would allow Brazilian users to access competitively priced
material and drive down the Brazilian market price which is significantly higher than
international prices. However the current uneven playing field in terms of tariff measures
(14% Mercosur vs. 6.5% EU) would prevent deeper market participation by European
producers.
11. If your product is subject to import licensing requirements, are such licenses granted
automatically to all applicants?
12. What other measures are you faced with when importing to the Mercosur region /
Mercosur countries?
13. Are all measures related to import restrictions or prohibitions publicly available?
14. What depth of tariff cuts and on which goods would be necessary for these to make an
economic difference to your sector?
D. Questions related to access to energy and raw materials
15. Does your sector have an interest in trade and investment in energy goods (i.e. coal,
crude oil, oil products, natural gas and electrical energy from both conventional and
renewable sources) and raw materials (i.e. metals, minerals, fertilisers, rubber, raw
hides and skins, wood, silk, wool and cotton; in raw, unprocessed and semi-processed
forms) from the Mercosur region / Mercosur countries? If so, please specify what
energy goods and raw materials and describe its economic relevance.
16. Does your sector have an interest in the promotion of renewable energy and energy
efficiency in Mercosur? Is this an area where your sector would benefit from regulatory
cooperation, in particular to promote convergence, and possibly harmonisation, of
standards on energy efficiency and renewable energy? Please indicate any specific
trade or investment barrier in Mercosur in the renewable energy and energy efficiency
sectors.
17. Are there any measures that could be included in an agreement to facilitate trade and
investment or reduce costs for trade in raw materials?
18. Does your sector face export restrictions or investment restrictions with respect to the
Mercosur region / Mercosur countries? If so, please specify the type of export
restrictions (export duty, export quotas or bans, VAT rebate schemes, licensing,
minimum export prices, export monopoly, etc.) and investment restrictions (e.g.
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exploration and production licenses). Please specify the likely effect of their
elimination.
19. Are you aware of dual pricing of energy goods or raw materials (i.e. where goods are
priced at a lower level on the domestic market compared to international market prices
to the benefit of local production)?
20. Please indicate whether there are any specific issues related to carrying out trade in
energy and investments. Are there for example any barriers to access infrastructure, to
exploration and production of oil or gas, and whether there are for example any local
contents issues with regard to the roll-out of energy projects.
21. On top of legally binding provisions in an eventual EU- Mercosur agreement, does your
sector favour closer cooperation in the field of energy and raw materials with the
Mercosur region / Mercosur countries? If so, in which form (e.g. regular dialogue)?
What could be the topics discussed in the framework of such cooperation (e.g. trade
issues, domestic regulatory policies, CSR, sound resources management, clean
technologies, research and development (R&D) in extraction)?
22. Does your sector have an interest in investing in the raw materials sector in the
Mercosur region / Mercosur countries? Which are the specific issues which should be
tackled to facilitate this? Please explain.
E. Customs Procedures (import, export and transit procedures)
23. Do you face problems regarding one or several of the following issues? Please respond
with yes/no and where possible provide a more detailed description of the problems
faced.
a) Overall problems with procedures and requirements for imports, exports and/or
transit in the Mercosur region / Mercosur countries?
Overall we have experienced problems on three levels: 1.Each country has its own
regulations/ procedures and varying level of resources available for customs authorities. As
a consequence clearing time varies between Mercosur countries. 2. Goods imported from a
non-member which have been cleared by customs and paid duties accordingly in one
Mercosur country are required to pay duties again if moved to another Mercosur country. 3.
The customs agent interpretation of how material should be classified can be inconsistent.
In addition other related government agencies may have differing classifications and may
require importers to change HS codes.
b) Do you encounter specific problems related to:
- inspections and controls during clearance
YES/NO
- pre-shipment inspections
YES/NO
- release times
YES/NO
- fees and charges
YES/NO
- confidentiality of data
YES/NO
- data requirements
YES/NO
- documentation requirements
YES/NO
- compulsory use of customs brokers
YES/NO
- other customs procedures
YES/NO
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- transparency/publication of and access to trade regulations
YES/NO
- discriminatory treatment
YES/NO
- lack of uniformity in application of procedures
YES/NO
- complexity in application of procedures
YES/NO
- customs valuation
YES/NO
- tariff classification
YES/NO
- relations with/access to the customs authorities
YES/NO
- co-ordination between different border agencies
YES/NO
- use or non-use of information technology
YES/NO
- application or non-application of relevant international standards YES/NO
- procedures for legal recourse/appeal
YES/NO
- transhipment
YES/NO
- reference pricing
YES/NO
- logistics/congestion
YES/NO
- other (please specify)
YES/NO
c) Questions related to the uniformity of customs procedures, requirements, data and
documentation:
Do you experience problems selling to Mercosur due to significant differences in
customs procedures in its Member States? If yes, please explain.
Are customs forms significantly different (e.g. in terms of data requirements, or
being paper based or electronic etc.) in Mercosur Member States? Which version is
the most user-friendly? Please describe key differences.
The forms are different but the data requirements are consistent. The Argentinean form is
more user friendly and formulas/calculations are easier to apply.
Do advance rulings from the customs administration of a Mercosur Member State
carry any value (full legal value, precedent or guidance) for the other customs
administrations? Do you have any experience with using advance rulings in a
Mercosur Member State that is not its issuer?
Do rulings/judgments on customs issues from the courts of a Mercosur Member
State carry any value (full legal value, precedent or guidance) for the other customs
administrations?
Are you aware of the possibility of appeal to the Permanent Review Court of
Mercosur? Do you have any experience with an appeal procedure?
Yes, we have used the procedure in case of tariff classification discrepancies.
Are you aware/member of a Mercosur level Authorized Economic Operators
(trusted traders) programme? Do you have any experience with the program?
Yes, we are in Brazil. However in Argentina the certification process for trusted traders is
limited to certain industries such as automotive.
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d) In light of your sourcing/delivery patterns, do you have any other comments to
make?
24. Do you face any problems with the way in which customs procedures are implemented
by the customs authorities?
F. Questions related to discrimination and transparency in domestic regulation and
taxation
25. Is your sector faced with measures and practices that discriminate between
domestically produced goods and goods imported into the Mercosur region / Mercosur
countries? If so, describe the nature of this discrimination (e.g. is it based on legislation
or on de facto discrimination; does it concern a regular domestic regulation and/or
taxation regime; is it linked with rules of "free trade zones" in Mercosur countries?).
Can you provide written substantiation of discrimination (including reference to
legislation)?
26. Do you encounter problems due to lack of transparency in Mercosur region / Mercosur
countries' regulation, e.g. non-publication of legislation or other documents? (Please
also refer to the detailed questions under section III.A below regarding transparency).
G. Questions on trade defence instruments (anti-dumping, anti-subsidy and
safeguards)
27. Have you had experience related to the use of trade defence instruments in the
Mercosur region / Mercosur countries (anti-dumping, anti-subsidy or safeguards)?
28. Were there particular difficulties in communicating with and/or receiving information
from the Mercosur region / Mercosur countries authorities dealing with trade defence
instruments?
29. Have you encountered market distortions (subsidies, pricing policies) in the Mercosur
region / Mercosur countries which should be addressed by e.g. trade defence measures
or other types of measures or which create structural trade difficulties?
H. Technical Barriers to Trade
In the context of this questionnaire, the term "Technical Barriers to Trade (TBT)" is
intended to mean requirements applicable to products (e.g. technical regulations) and the
conformity assessment procedures intended to verify compliance with these requirements
(e.g. testing, inspection and certification, product registration or licensing, etc.).
Please provide comments on the following issues. Comments are particularly welcome if
you or your colleagues in the industry consider that some of the below areas should take
priority in the TBT discussions.
30. Have you found product requirements to be a problem in exporting your products to the
Mercosur region/Mercosur countries?
31. Often, trade barriers arise not necessarily from the product requirements as such, but
from the procedures used to verify compliance with these requirements (conformity
assessment procedures). What are the procedures used by the Mercosur
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region/Mercosur countries to verify compliance of products in your sector? Are they
more burdensome than those applied in the EU?2 Do authorities of Mercosur countries
accept product specific test results from accredited EU conformity assessment bodies?
Are there any specific requirements in terms of accreditation? Are time-periods set for
certification? Do you encounter difficulties (e.g. increased costs and marketing delays)
due to these conformity assessment procedures?
32. What is your assessment of the Mercosur region's / Mercosur countries' transparency
and good regulatory practice in the development, adoption and enforcement of
technical regulations? Please focus in particular on the questions below, and provide as
detailed answers as possible.
a) How do authorities consult industry on proposed technical regulations or
conformity assessment procedures? For instance, do Mercosur countries
systematically conduct public consultations on proposed TBT measures? How is
transparency and participation of stakeholders ensured with respect to standards
used in support of technical regulations or conformity assessment procedures?
Overall, the process for public consultation is functioning well. A public consultation is
issued for each new regulatory proposal, and the outcome of the public consultation is
taken into consideration before the proposals are being finalized. Industry stakeholders can
participate in the process via the respective trade association.
b) If not, do importers (or domestic industry in Mercosur countries) have other
opportunities to submit comments during the drafting of new technical regulations
or conformity assessment procedures, before the proposal is adopted?
c) Are similar consultation opportunities being provided to both domestic and
foreign industry?
d) In your experience, have comments made by stakeholders been taken into
account?
Yes, comments are being taken into account.
e) Is industry involved in standardization work in the Mercosur region / Mercosur
countries? In particular, are foreign and/or foreign-invested companies allowed to
participate in standard-setting activities in your sector (e.g. membership in
technical committees developing new Mercosur region / Mercosur countries
standards)? If yes, what is your experience with regard to this area.
Industries are involved via discussions at trade association level.
f) Have you ever tried to obtain information about proposed or adopted technical
regulations, conformity assessment procedures or standards from the Mercosur
countries' TBT Notification and Enquiry Point? Have you encountered specific
difficulties?
2 For instance, EU legislation may allow for a manufacturer’s declaration of conformity without the
mandatory intervention of a third party certification body, whereas Mercosur / Mercosur countries legislation
may require that the product be certified by a public authority or a certification body approved by this
authority.
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33. To what extent have you encountered difficulties due to short implementation periods
for new measures?
34. Have you experienced problems or difficulties arising from the division of
responsibility for TBT-related measures between Mercosur countries' authorities, or
from regulatory differences between different regions of the Mercosur countries?
The transposition of Mercosur regulation into national law can vary significantly between
the Mercosur countries from a timing perspective. A recent example is the Mercosur GMC
Resolution 018/10 – Technical Regulation for Disinfectants (withdrawal RES GMC No.
49/99). After an approval at Mercosur level in June 2010, the transposition into national
law occurred in August 2010 for Brazil, in December 2012 for Paraguay, in January 2015
for Uruguay and finally in July 2016 in Argentina. In some occasions the rules are being
differently interpreted in each country as we have observed in the case of the regulation on
the shelf life extension of cosmetic raw materials.
35. Do any or all of the following issues pose particular problems with regard to exporting
your products to Mercosur countries?
(i) short implementation periods for new measures;
(ii) availability of technical regulations, conformity assessment procedures and related
applicable standards (e.g. official Journal, public website etc.)
36. Does Mercosur / Mercosur countries use relevant international standards as a basis for
its technical regulations, conformity assessment procedures and national standards in
your sector? If so, are there any unnecessary deviations from, or additions to those
international standards, that could create barriers to trade?
37. Do you encounter any barriers to trade arising from burdensome or discriminatory
labelling or marking requirements? If so, please describe them in as much detail as
possible.
38. With your knowledge of the technical regulations, standards and conformity assessment
systems both in the EU and the Mercosur / Mercosur countries, do you have any
recommendations for solutions which would facilitate trade?
39. Would your proposed solutions be achievable within the provisions of regulatory
systems currently applied in the EU and Mercosur / Mercosur countries, or would
changes to those systems or legislative framework be necessary?
40. Do you see increased use of international standards as a tool for increasing
compatibility of technical regulations as an important element of the trade agreement?
What is the importance of standards to your sector? What standards are you using?
41. Have you encountered in Mercosur / Mercosur countries any specific barriers for small
and medium size enterprises (SMEs) in your sector? If so, please describe briefly.
42. Would you consider of interest/benefit to have a specific annex in the following
sectors:
a) engineering (machinery, electric and/or electronic products)
If an engineering annex should be considered, can you provide the following
information:
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(i)
Which sub-sectors could be of relevance for your industry?
(ii)
Which areas could you suggest to be covered?
(iii)
Do you have a specific regulatory concern/piece of legislation of
Mercosur or one of its Member Countries to flag?
b) automotive
c) pharmaceutical
d) chemical
e) textiles
f) medical devices
g) cosmetics
I. Sanitary and Phytosanitary Measures (Agricultural products, fish and fishery
products)
Sanitary and Phytosanitary Measures apply in order to protect human, animal, and plant
health.
Your answers to the specific product questions below will be taken as an indication of
interest that might change over time.
43. List the agricultural products (these include animals and animal products, plants and
plant products) and fishery products you are currently exporting to the Mercosur region
/ Mercosur countries / importing from Mercosur region / Mercosur countries.
44. List the agricultural and fishery products that you may be potentially interested to
export / import in future to the Mercosur region / Mercosur countries and to which
Mercosur countries (regardless of whether exports are currently taking place or have
taken place in the past).
45. Please specify the major Sanitary and Phytosanitary (SPS) barriers you have
encountered in the past (or may potentially encounter) when trying to export
agricultural and fishery products into the Mercosur region / Mercosur countries.
46. With your knowledge of the standards and SPS control systems both in the EU and the
Mercosur region / Mercosur countries do you have any recommendations for solutions
which would facilitate trade?
47. Would your proposed solutions be achievable within the provisions of regulatory
systems currently applied in the EU and the Mercosur region / Mercosur countries, or
would changes to the systems or legislative framework be necessary?
48. Do you expect that an SPS chapter in the proposed future agreement will benefit your
industry? If so, please clarify.
49. On the basis of your previous response, which basic elements/provisions should an SPS
chapter with the Mercosur region / Mercosur countries contain in order to potentially
fulfil your priorities?
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i. Multilateral obligations
ii. Transparency (better notification provisions on SPS import rules including
predictability and stability of SPS rules)
iii. Approval procedures
iv. Regionalisation for animal and plant diseases
v. Equivalence (system of recognition)
vi. Pre-listing of exporting establishments
vii. Certification procedures
viii. Verification procedures
ix. Emergency measures
x. Information exchange
xi. Notification and consultation
xii. Safeguard measures
xiii. Labelling
xiv. Single (EU) accreditation process for meat and other agricultural products
xv. Animal welfare
xvi. Other
II.
TRADE IN SERVICES AND INVESTMENT
50. What are the main barriers that your sector encounters in trading with the Mercosur?
(For example obligation to have a local commercial presence such as an office, branch
or subsidiary in order to conduct business, etc.)
51. What are the main barriers that your sector encounters in establishing a commercial
presence in Mercosur? (For example capital ownership / equity cap, limitations to
management control, difficulty in obtaining a licence or authorisation, treatment by
state-owned enterprises, complex and lengthy procedure, obligation to work in joint
venture, limitation on the ownership of land etc.).
52. What are the main barriers that your sector encounters with regard to the temporary
movement of natural persons for business purposes in Mercosur? (For example
difficulty in obtaining work permits and visas due to lengthy procedures, recognitions
of your employees' qualifications, lack of transparency in regulations, etc.)? Are there
any occupations and/or professions in Mercosur that are not allowed to be exercised by
foreigners or to foreign directors or managers?
53. Do you encounter problems due to lack of transparency? (For example lack of
publication of legislation or other relevant documents - please also refer to the detailed
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questions under section III.A below regarding transparency.) Is there an interest in
having a Mutual Recognition Agreement in your sector (to cover recognition of
standards, licenses, qualifications or else)?
54. In your sector, do you have a particular interest in entering the Mercosur market?
55. Are you at a disadvantage vis-à-vis third countries' competitors, due to trade
agreements between Mercosur and the countries from where those competitors operate?
56. Please indicate whether there are any specific issues related to investments in Mercosur
countries. (For example, closed sectors or other discrimination with local investors such
as limited access to invest in sectors, capital caps for foreign investors, profit and
capital transfer restrictions, access to finance or specific support for foreign investors
etc.)
57. In your view, what negotiating objectives should the EU focus on?
III.
RULES
A. Transparency
To the extent applicable, indicate what problems arise due to lack of transparency such as lack of
publication of legislation or other relevant documents. In the questions below,
administration/government should also be understood as local authorities, for instance regulatory
bodies, regulatory authorities, certification offices, licencing authorities.
58. Is information on trade-related regulations and their administration published and
readily available, including on laws and regulations, procedures, penalties, appeal
procedures, administrative guidelines and practice, decisions, and agreements with
Mercosur / Mercosur countries where relevant?
59. Is information made available in a readily accessible way, including through websites?
60. Are there enquiry points available and accessible to interested parties (including
through websites) which help making information on trade-related regulations and their
administration available?
61. Other requirements, suggestions concerning the availability of information?
62. Are the intervals between publication and entry into force sufficient to allow interested
parties to become acquainted with and prepared for complying with them?
63. Are appropriate opportunities offered for prior consultation and commenting on new
and amended rules (including sufficient minimum delays for comment)?
64. Are there any areas or sectors where consultation could be improved?
65. What is your assessment more generally of the Mercosur region's / Mercosur countries'
transparency and regulatory practices in the development and adoption of trade-related
rules and regulations?
66. Are advance rulings available from the administration (such as for trade in goods on
customs classification and origin)?
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67. Are there adequate complaints possibilities and appeal procedures (in terms of non-
discrimination, transparency, possibility for representation by independent legal
counsel, cost and timelines set by different authorities, including Customs)?
68. Do you have any other comments on the administration of trade-related regulations,
including on the use of discretion, system of penalties, coordination and control
mechanisms?
69. Please specify any shortcomings identified. Where available, identify best practices
(such as existing information and transparency mechanisms in the Mercosur region /
Mercosur countries) that could serve as a reference or starting point.
70. Are there specific channels of information for SMEs (including through dedicated
websites) in the Mercosur region / Mercosur countries?
B. Intellectual Property Rights
71. Are you satisfied with the current conditions of protection and enforcement of
intellectual property rights (IPR) in the Mercosur region / Mercosur countries? Please
explain briefly nature/scope of the problem, if any?
72. According to your experience, what are the main weaknesses / problems of the current
system in place (if any)?
73. Is an adequate and effective protection and enforcement of IPR in the Mercosur region /
Mercosur countries essential for the pursuit of your trading activities there?
74. Please indicate whether you consider intellectual property rights issues as priorities and
specify which IPRs are the top priorities for you in the Mercosur region / Mercosur
countries and why :
i. Copyright and related rights
ii. Trademarks
iii. Geographical Indications (GIs)
iv. Designs
v. Patents
vi. Data protection
vii. Plant variety
viii. Enforcement
75. Please indicate one particular aspect of intellectual property protection or enforcement
that you would wish to see addressed in the future EU- Mercosur trade agreement.
76. Have you encountered problems in protecting/enforcing your IPRs in the Mercosur
region / Mercosur countries? If yes, how did the protection/enforcement mechanisms
function in the Mercosur countries? Did you encounter difficulties in
protecting/enforcing your rights as a foreigner in the Mercosur countries?
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77. Is there any type of enforcement measure missing in Mercosur region / Mercosur
countries legislation and practices that you consider necessary in order to react against
infringements of IP rights? Are penalties proportionate and provide sufficient deterrent
against violations?
C. Competition, State Aid/Subsidies and State-Owned Enterprises
78. Have you encountered any anti-competitive practices in the Mercosur countries
(cartels, abuse of dominant position, vertical or horizontal restrictions of competition,
anti-competitive mergers & acquisitions) that are harming your business? If so,
describe briefly the nature of the practices and the problems encountered.
79. Does Mercosur / Mercosur countries law provide for legal remedies concerning those
anti-competitive behaviours? Have you brought these problems to the attention of the
relevant competition authority? If so, what has been their response/follow-up and how
have decisions been enforced?
80. Have you been subject to investigations for alleged competition infringements by
Mercosur countries competition authorities? If yes, how was this experience?
81. Have you been party to any merger review filings in the Mercosur countries? If yes,
how was this experience?
82. Are you aware of instances where state aid/subsidy granted by the Mercosur countries
authorities has had adverse effects on you?
83. Have Mercosur / Mercosur countries state aid/subsidies put you or a company you
know of at a competitive disadvantage? If so, please
a) Indicate whether the aid made it more difficult for you to compete in the Mercosur
countries' market, in the EU market and/or in export markets.
b) Describe to the extent possible the form of the state aids/subsidies involved (e.g.
export rebates, tax/duty exemptions, below-market loans, state guarantees, grants),
the objective (e.g. research and development aid, export aid, regional development
aid), the sectors concerned, the granting authority (e.g. federal or provincial
government, specific agency) and give an estimate of their amount.
c) Indicate if you have taken any steps to raise this matter, either in the Mercosur
countries or with the appropriate authorities in the EU? Have you had problems in
getting information on the state aid/subsidy granted by the Mercosur countries
authorities?
84. Have you invested in the Mercosur region / countries? Has the availability of state
aids/subsidies played a role in your decision? If yes, please describe the form, amounts
and objectives of the aid in question and specify the granting authority. Have you
experienced discrimination in the access to state aid/subsidies from Mercosur countries
authorities (e.g. aid or higher amounts of aid reserved to local firms)?
85. Are you aware of Mercosur countries governments granting special or exclusive rights
or privileges, advantages or immunities to domestic enterprises that have an adverse
effect on your business (e.g. discriminatory treatment, state aid/subsidies, access to
markets, access to public procurement, access to financing, etc.)? If so, describe briefly
the nature of these practices and the problems encountered.
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86. Are you aware of any exemptions from the national law granted to Mercosur countries
state-owned enterprises or the existence of statutory laws or favourable regulatory or
other measures applicable to state-owned enterprises? If yes, please provide a brief
description.
87. Are you aware of any particular government measures that would induce or encourage
Mercosur countries' state-owned companies to engage in anti-competitive behaviour?
Please describe such measures.
88. Are you aware of any national policy objectives that the Mercosur countries
governments are implementing through domestic state-owned enterprises and which
have an adverse effect on your business? If yes, please describe briefly what such
policy objectives are and how they affect your business.
89. How easy/difficult is it to get information about the activities of Mercosur countries'
state-owned companies (through annual reports, published accounts, etc.)? If there are
problems, how would you suggest improving the situation?
D. Government procurement
Please respond with yes/no and where possible provide comments to expand on the replies to the
following issues.
90. Are you satisfied with the current conditions of access to Mercosur countries'
government procurement markets?
91. What are the main reasons you are not participating in the public procurement market
in the Mercosur region / Mercosur countries?
92. Which public procurement markets (geographically/sectorally) would you have an
interest in participating in the near future?
93. Are you aware of existing legislation on government procurement in the Mercosur
region / Mercosur countries? What is your experience with its practical application?
94. Are there any areas in which you feel EU suppliers face restrictions or different
treatments that do not apply to local / Mercosur countries suppliers? This includes local
content requirements. Please indicate the key regulatory and market access obstacles
met by EU suppliers when tendering for public contracts. Please specify the extent to
which these obstacles prevent EU suppliers from doing business in the Mercosur region
/ Mercosur countries.
95. Please indicate whether you consider the following possible elements of a government
procurement chapter as a priority concerning procedural rules and national treatment :
i. Transparency in the tendering process
ii. Easy access to the qualification system
iii. Use of international rather than local technical standards
iv. Effective review mechanisms including the possibility to obtain interim measures
v. A single point of entry giving an overview of, and access to, all relevant
procurement opportunities in a given jurisdiction
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vi. National and MFN treatment
96. Please indicate which key sectors, types of contract (public contracts, concessions, and
other forms of Public Private Partnership) and procuring entities are priorities for EU
suppliers. As regard services, mention precisely the category of services as well as the
mode of supply (cross-border supply / consumption abroad / commercial presence/
presence of third country natural persons) in which EU providers are interested.
97. Please indicate the key regulatory and market access obstacles faced by EU suppliers
when tendering for public contracts. Please specify the extent to which these obstacles
prevent EU suppliers from doing business in the Mercosur region / Mercosur countries.
E. Small and Medium-sized Enterprises (SMEs)
Please respond with yes/no and where possible provide comments to expand on the replies to the
following issues.
98. Some points above have already referred to SMEs. Please indicate issues which are a
priority for SMEs that small companies can fully benefit from a possible trade
agreement with Mercosur. Do you think that SME provisions should be covered in
some areas of the Mercosur negotiation? If yes, what SME provisions do you propose
for which point in the areas / chapters mentioned above in this questionnaire?
99. Are you aware of any user-friendly information on trade opportunities for SMEs
provided by Mercosur / Mercosur countries?
IV.
OTHER ISSUES
100.
Are you aware of the Mercosur integration process? If yes, do you perceive
progress in the Mercosur countries is easing doing business in your sector across the
region?
101.
Are there any other issues related to the topics covered by the above sections or to
any other topics that are not mentioned in this questionnaire and that you would like to
address?
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Document Outline