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January 2011 Taiwan-EU Economic Cooperation Agreement A Partnership for Growth and Prosperity DCACTIVE-14318909.1 Taiwan-EU Economic Cooperation Agreement A Partnership for Growth and Prosperity INTRODUCTION Europe has identified Asia as a region vital to the future success of its pro-growth trade and investment strategies. Previously, under the 2006 “Global Europe” strategy and more recently under the 2010 “Europe 2020” initiative, the European Commission has outlined the critical roles that trade and investment play in revitalizing Europe’s economy. A top priority in EU trade policy now is to gain better access to Asia, home to the largest and fastest growing economies in the world, through ambitious trade agreements. FTAs have proliferated across Asia recently. The ASEAN-China (ASEAN+1) free trade area was established on 1 January 2010, and an ASEAN-China, Japan and Korea (ASEAN+3) FTA may soon be concluded. Discussions on the Trans-Pacific Partnership (TPP) and the Free Trade Area of the Asia-Pacific (FTAAP) are also underway. Without question, the trend of Asian regional economic integration will continue in the future. For Taiwan, the Economic Cooperation Framework Agreement (ECFA) with mainland China, which entered into force on 12 September 2010, represents an ambitious trade deal which dramatically strengthens Taiwan’s strategic position in East Asia. As the world’s 18th largest trading economy, eighth most competitive economy1, and fourth best investment environment,2 Taiwan’s dynamic role in the global economy speaks for itself. Taiwan now stands out for having the highest value-added exports and highest degree of specialization among all Asian nations. Taiwan also adheres to the same policies regarding human rights, democracy, labour and environmental standards, and climate change as the EU. As the Commission stressed in its discussion paper, “Trade, Growth and World Affairs of November 2010,” ambitious free trade agreements will benefit the EU’s economic growth. Building on Taiwan’s strong economic fundamentals, an Economic Cooperation Agreement (ECA) between the European Union and Taiwan would boost European growth and prosperity. As the EU focuses on ensuring strong and sustained economic recovery, now is the time to evaluate and redefine the role that Taiwan can play in the EU’s trade policy towards East Asia. FIVE REASONS FOR THE TAIWAN-EU ECONOMIC COOPERATION AGREEMENT 1 Strong Macroeconomic Fundamentals: Taiwan’s growth prospects and market potential meet the EU’s ”Global Europe” criteria for FTA partners. Taiwan’s economic and trade performance has bounced back dramatically since the 2008 global financial crisis. According to the latest statistics, Taiwan’s trade has surpassed its pre-crisis 1 Taiwan’s rankings in the World Competitiveness Yearbook, published by the International Institute for Management Development (IMD), Lausanne, Switzerland, leaped from 23rd place in 2009 to 8th place in 2010—the largest improvement among the countries of the world. 2 Based on the third quarter of 2010 “Investment Environment Risk Assessment Report,” by Business Environment Risk Intelligence (BERI). 1 level. Global trade volume in 2010 amounted to €362 billion, an increase of 41.3% compared to the same period in 2009. Taiwan’s total exports during 2010 accounted for €189 billion, growing 37% from the previous year; and its total imports reached €173 billion, expanding 47% compared to 2009. 2010 GDP growth is expected to reach 9.98% year-on-year. Indeed, besides the economy’s return to growth, Taiwan continues to enhance its internal business environment to better support foreign partners in the market. According to the Business Environment Risk Intelligence’s 2010 “Investment Environment Risk Assessment Report,” Taiwan offers the fourth-best investment environment in the world. In June 2010, the Taiwan government strengthened the investment climate by passing the Statute for Industrial Innovation and the Income Tax Act, by offering tax incentives for R&D activities and lowering the business income tax rate from 25% to 17%. Moreover, Taiwan has adopted a series of other reforms to encourage foreign investment opportunities, including measures eliminating the minimum capital requirement for starting a new business and the minimum limit for allocation of capital by foreign companies for business use in Taiwan. Direct flights to Shanghai’s Hongqiao Airport and Tokyo’s Haneda Airport have also been launched from Taipei’s Songshan Airport, and flights to Seoul’s Gimpo Airport are expected to follow soon. These flights will enable business travelers to visit these four cities in one day. These developments are enhancing Taiwan’s role as a hub for business operations in the Asia-Pacific region. Bilateral trade relations between Taiwan and the EU in 2010 Total Trade volume: €33 billion Taiwan’s exports to the EU: €19 billion (29% increasing over 2009) Taiwan was the EU's 19th largest trading partner and its 7th largest trading partner in Asia in 2009. An ECA with Taiwan would further enhance opportunities for EU industries in a critical growth market. According to studies conducted by the Chung-Hua Institution for Economic Research (CIER, a leading research center in Taiwan), a Taiwan-EU ECA would boost Taiwan's real GDP by €934.7 million (an increase of 0.49%) and the EU's real GDP by €2.41 billion. Assuming that the Taiwan-EU agreement comprehensively opens up trade in services, Taiwan’s exports to the EU and the EU’s exports to Taiwan would grow by nearly €2 billion annually. These impressive figures would be bolstered by the trade synergy created by both the ECFA and ECA, while fortifying Taiwan-EU trade relations. Clearly, Taiwan’s economic promise compares favorably with those Asian countries which the EU has concluded or is negotiating free trade agreements, e.g., South Korea, India, Singapore, Malaysia, Vietnam, etc. 2 Ideal Manufacturing and Innovation Partnership: Strengthening synergies between Taiwan and EU economies and leveraging Taiwan’s regional supply chains and R&D leadership will position EU industries for long-term growth and competitiveness. European business collectively constitutes the largest group of foreign investors in Taiwan with a cumulative value of €22 billion. The joint venture model many European firms have adopted has very successfully combined European expertise with Taiwan’s local knowledge and talent. Yet, there is still a great deal of potential for more cooperation between European and Taiwanese firms. 2 Taiwan’s government has targeted ten services industries 3 , six emerging industries4, and four smart industries5 for developmental support. Many of these represent areas in which European firms lead the world and are also compatible with the EU’s vision of a green-conscious society. In the global information and communication technology (ICT) production chains, Taiwan is a central component with 19 firms on the OECD’s list of the world’s top 250 ICT firms, compared to 9 firms from Korea and 39 from the EU member states. In electronics, Taiwan has achieved its global leadership position by taking advantage of a unique vertical integration structure and holistic industrial clusters. Its semiconductor manufacturing is unparalleled in the world, particularly for IC foundry, packaging, and testing operations. In the LED industry, forecasts indicate that Taiwan’s production value will top €2 billion in 2010, accounting for 25% of the global market share and making Taiwan the world’s 2nd largest producer. At a Glance Excellent opportunities for cooperation between firms from Taiwan and the EU: Taiwan has targeted the medical devices, medicine and health care, green energy, intelligent green building, invention patent industrialization, high-end agriculture, and culture and creativity industries for developmental support. (For more formation please see http://www.cepd.gov.tw/enconte nt/m1.aspx?sNo=0013678) Expansion into the “greater China” market and enhancement of supply chain networks throughout East Asia: Although it is well-known that mainland China has emerged as the world’s factory, a large portion of “Made in China” products are actually produced by Taiwanese firms operating in mainland China: Taiwan can help boost some e.g., nearly two-thirds of Chinese ICT exports are produced by such of Europe’s most competitive firms, and 10-20% of China’s exports to the EU originate from sectors such as ICT, Taiwanese-owned firms and subsidiaries. While production is done automobiles, pharmaceutical in mainland China, the core value of the product, including the products, and telecommunication, financial, intellectual property, remains in Taiwan. Taiwan itself is a business, transport and progressively higher-value hub for global ICT production. This environmental services. EU presents opportunities for EU exporters and foreign investors to companies can rely on Taiwan allocate production more efficiently in East Asia and better serve the regional market. as a stable, high-value hub. Closer integration of Taiwan and EU ICT industries would allow EU firms to better access existing Taiwan networks to produce niche products that would be too costly to manufacture at home due to insufficient gains from scale. Moreover, since hardly any production of key Taiwanese products (e.g. laptops, wifi-routers, PDAs and finalized LCD monitors) actually takes place in Europe, this integration would not have any significant impact on employment in the EU, and EU firms and consumers would benefit without incurring the political or economic costs. As for Europe’s 2020 vision, Taiwan is an ideal partner to help the EU achieve its “Innovation Union” goals while expanding investment in R&D activities. Foreign businesses have long been attracted to set up R&D centers in Taiwan. As of 2009, 42 foreign companies maintained R&D operations in Taiwan. Encouraged by the signing of the ECFA and regional integration, a record 12 3 4 5 International healthcare, international logistics, music and digital content, MICE, internationalized Taiwanese Cuisine, urban renewal, WiMAX, e-commerce in Chinese, education, and finance. Biotechnology, tourism, green energy, health care, high-end agriculture, and the cultural creative industry. Cloud computing, intelligent automotive vehicles, smart buildings, and patent commercialization. 3 more foreign companies have applied to set up R&D centers in Taiwan as of the end of 2010. These multinational enterprises cover a wide variety of innovative EU industries, such as machine tools, green energy, cloud computing, and ICT, among others. In addition, Taiwan is an innovation center, with 268 holders of U.S.-issued patents per million people, the highest figure in the world, exceeding even that of the U.S. and Japan. All in all, with an ECA in place, European enterprises could develop or process products to better fit Asia’s demand by taking advantage of Taiwan’s R&D and manufacturing capabilities. 3 Commitment to Deep Reform: Efforts to tackle “beyond the border” non-tariff barriers and regulatory issues will foster conditions for comprehensive market access and growth. Taiwan's development and enforcement of IPR protection Taiwan’s IPR legal framework has been fully consistent with the TRIPS Agreement since its accession to the WTO. Amendments to Taiwan’s Copyright Act include new measures relating to P2P and liability of internet service providers. The IP Court and the IP Prosecutors Office of the Taiwan High Prosecutors Office were established in July 2008. The piracy rate in Taiwan was the third lowest in Asia for 2008 and 2009, following Japan and Singapore. The greatest gains from liberalization of trade in goods under an ECA would come from the elimination of non-tariff barriers (NTBs). Non-tariff restrictions on services in Taiwan amount to an overall tariff equivalent of 37.31%, twice the level of EU services protection (17.26%), though below that of Korea’s (46.41%).6 Recently, the EU has planned to initiate negotiations on FTAs with Singapore, Vietnam, India, Malaysia and Canada that cover services, government procurement, and IPR. These FTAs reflect the EU’s focus on issues relating to services and investment market access, GPA, IPR, restrictions on the export of raw materials, and regulatory barriers that would bring greater economic and trade benefits. According to the 2010-2011 position papers released by the European Chamber of Commerce Taipei (ECCT), European businesses are concerned about non-tariff barrier issues including testing requirements and standards for electronic products, automobiles, and pharmaceuticals. Moreover, in the services sector, with regulatory hurdles hindering the development of financial and utility services, Taiwan launched an initiative to facilitate regulatory reform in July 2008. Since then, 571 various improvements have been made, including streamlining administrative procedures, boosting government efficiency and effectiveness, and eliminating obstacles to business investment. Regarding testing requirements and standards issues, the Taiwan government has taken significant steps toward resolving them, e.g., Taiwan has accepted the Evolution Coefficient to calculate the Conformity of Production (COP) emission test results for Euro 5 compliant vehicles; decided that Molded-Case Circuit Breakers (MCCBs) that have already been tested and are being sold in the market will not require re-testing following new CNS14816-2 standard regulations; and is addressing outstanding issues which have been raised by the ECCT. 6 The European Centre for International Political Economy, “Beyond Geopolitics – The Case For A Free Trade Accord Between Europe And Taiwan,” p. 41. 4 However, despite these improvements, many obstacles to Taiwan’s market remain unresolved for European businesses. A Taiwan-EU ECA could eliminate some barriers and would make the market more accessible for European products through adoption of international standards for financial services, acceptance of EC and ECE certificates and implementation of the General Product Safety Act to enhance market surveillance. A Taiwan-EU ECA would provide a vehicle to advance structural reform of Taiwan’s regulatory environment in a number of critical sectors, as well as lower “beyond the border” non-tariff barriers and accelerate regulatory harmonization, facilitating lasting market access opportunities for key EU products. 4 Unprecedented Access to “Greater China”: The conclusion of ECFA will allow EU companies in Taiwan to safely expand into mainland China. Now that Taiwan and mainland China have signed the landmark Economic Cooperation Framework Agreement (ECFA), and will initiate negotiations for agreements on trade in goods, services, investment and dispute settlement in 2011, Taiwan can truly become both a regional and global export and innovation hub for EU members across priority industries. The ECFA will allow Taiwan’s distinctive niche downstream products to develop a significant following in the world’s largest consumer market. Moreover, the convenience of the “three links,” 7 the lowered business income tax rate, and other aspects of our improved investment climate will enable Taiwanese industries to make existing cross-strait supply chains even more comprehensive. This will mark the next phase of dynamic cross-strait market expansion by creating unprecedented opportunities for Taiwan’s economy and core trading partners like the EU, which have a presence in both Taiwan and mainland China. Mainland China opened eleven services sectors to Taiwan in ECFA’s Early Harvest process. In financial services, it has committed to allowing Taiwanese banks handle ordinary RMB-denominated business two years earlier than other foreign banks. Taiwanese banks will also be able to underwrite RMB business by Taiwanese-invested companies three years ahead of other foreign banks. By the end of 2010, the First Bank, Cathay United Bank, Chang Hwa Commercial Bank and Taiwan Cooperative Bank had opened branches in Shanghai, Kunshan, and Suzhou. Benefits of Early Harvest Economic model (estimates): 60,000 job opportunities. 0.4% growth of GDP. Zero tariff rates for 806 items worth €12.5 billion. Taiwan’s machinery and textile producers to be positioned more competitively against Japanese and Korean companies in the mainland China market. New opportunities in various services sectors to be created, e.g. Taiwan’s investors enjoy preferential treatment of sole proprietorship while foreign investors are limited to joint ventures. (For complete Early Harvest List, please see http://www.ecfa.org.tw/Rel atedDoc.aspx) The ECFA will also allow EU companies in Taiwan to safely extend their reach into mainland China. European companies face increasing difficulties in doing business in mainland China in terms of protecting proprietary information, experiencing standards discrimination, and accessing services markets. Furthermore, European businesses in mainland China often 7 The three links include direct postal, transportation (especially airline), and trade links between mainland China and Taiwan. 5 encounter cultural and administrative barriers. In contrast, Taiwan, which shares a common culture with mainland China, has already achieved a large degree of business success there. With nearly seamless access to mainland China under the ECFA, Taiwan can serve as a bridge for EU companies by minimizing risks with its stable business environment based on a strong rule of law and protection of IPR. Compared to mainland China, Taiwan has significantly stronger technological capabilities, efficiency, and a more stable legal and regulatory environment. Most recently, Taiwan and mainland China have signed a Cross-strait Cooperation Agreement on Medicine and Public Health Affairs that will enhance The EU-based RT Mart cooperation in four main areas: (1) the prevention and International provides one example control of infectious diseases, (2) the safety of a foreign company that has achieved success in mainland China management and the research and development of by cooperating with Taiwan’s medicinal products, (3) the researches and exchanges businesses. Since establishing its in traditional Chinese medicine and the administration first mainland store in 1998, RT Mart has gone on to establish 130 of the safety in traditional Chinese medicinal stores, and it is estimated that by materials, and (4) emergency assistance for medical 2011 it will break the 200 mark. Its treatments. Taiwan can serve as a suitable platform market share has already surpassed for testing healthcare markets in the Asia-Pacific, as that of Carrefour and Wal-Mart. (For more success stories, please see well as function as a hub for collaboration with the EU http://investtaiwan.nat.gov.tw/library/ in integrating clinical data to produce pharmaceuticals main_eng_general.jsp) and establish cooperation with health providers in mainland China. Thus, a Taiwan-EU ECA would provide a vehicle to smoothen and strengthen the cooperation on medicine and public health issues. Success Story 5 Stable Geopolitical Environment: The steady development of cross-strait trade creates a stable environment for expanding EU presence across Taiwan, mainland China and the Asia-Pacific. The thawing of cross-strait relations in the past two years is shifting the geopolitical calculus. The ECFA provides a framework to deepen trade and investment liberalization, and will make it easier for Taiwan to negotiate FTAs with partners in East Asia and beyond. The ECFA is Taiwan’s stepping stone to stronger links with other trading partners and facilitates the next phase of its integration with East Asia, thus allowing Taiwanese businesses to compete more fairly against competitors in other countries. Taiwan is a separate customs territory, and a full member of the WTO, APEC and the ADB. It has bilateral investment treaties (BITs) with several Asian countries, avoidance of double taxation and intellectual property agreements with various EU member states, an Open Skies agreement with the U.S., an air services agreement with the United Kingdom, and bilateral treaties on cooperation on intellectual property rights with 6 At a glance A List of EU Members with Avoidance of Double Taxation with Taiwan: Netherlands 2001 UK 2002 Sweden 2004 Belgium 2005 Denmark 2005 Hungary 2010 France 201 twenty countries, some of which are members of the European Union. Hence, a Taiwan-EU ECA would be a natural extension of the important EU-Taiwan economic partnership, in line with the Europe 2020 plan. Taiwan is not only a knowledge- and innovation-based economy; it is also one of the few liberal democracies in East Asia. Taiwan’s policies regarding human rights, democracy, labour and environmental standards, and climate change policies are based on the same values as in the EU, in contrast to the situations prevailing in some other Asian countries. Foreign investors in Taiwan can have full confidence that they will enjoy a very promising business environment while also securing sustainable benefits derived from shared values and perspectives. The signing of an ECA will allow EU investors to build on expanding cross-strait trade and regional ties. The ECFA provides the basis for a stable environment for expanding the EU’s commercial presence across Taiwan, mainland China and the Asia-Pacific. The ECFA also solidifies Taiwan’s position as a future participant in regional economic integration efforts. For example, not long after the signing of the ECFA, both Taiwan and Singapore announced in August 2010 that they had agreed to explore the feasibility of an “Agreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Partnership” (ASTEP). Negotiations on this agreement will begin early this year. The evolving Free Trade Area of the Asia-Pacific (FTAAP) provides a region-wide framework in which Taiwan will participate. Signing an ECA with Taiwan will open these same opportunities to EU firms. While such regional economic integration continues, existing commercial opportunities remain significant and vibrant. Taiwanese businesses have already become key investors throughout Southeast Asia. Taiwan is Vietnam’s top FDI source, Thailand’s third leading FDI source (after Japan and the US), Malaysia’s fifth, the Philippines’ seventh, and Indonesia’s eighth. Taiwan’s companies already have well established and tightly woven supply chain networks in mainland China. With the addition of the ECFA and ECA, the EU, Chinese and Southeast Asian networks will be linked together more effectively than ever, placing EU companies at the center of a new and powerful Asia-Pacific product manufacturing and innovation chain. CONCLUSION As Taiwan and the EU focus on economic recovery and job creation, both sides face a compelling opportunity to position our economies to reap benefits for decades to come. By building on Taiwan’s strong economic fundamentals, integration with the “greater China” region and the Asia-Pacific, world-class manufacturing and R&D capabilities, commitment to comprehensive “beyond the border” reforms, and stabilization of the cross-strait environment, a Taiwan-EU Economic Cooperation Agreement (ECA) would manifest these five clear rationales to revitalize European growth and prosperity in alignment with the Europe 2020 plan. A Taiwan-EU ECA has the potential to unlock dynamic gains from triangular (EU-China-Taiwan) trade and investment, as developments in ICT supply chains have amply demonstrated. An ECA would eliminate tariffs on goods, reduce non-tariff barriers in industrial sectors, and include comprehensive commitments in services and investment. Already one of the EU’s fastest growing export and foreign investment markets, Taiwan, under the ECFA, can 7 become a true regional and global export and innovation hub for EU members across priority industries. By offering a safe environment for European investors and their intellectual property, and an open door to business with mainland China, Taiwan stands a better chance of garnering business and political support in the EU for a bilateral ECA. Taking into account the impact of the ECFA and ongoing Asia-Pacific regional economic integration, we believe that now is the appropriate time for the EU to re-evaluate the central role Taiwan can play in its East Asian trade policy. Accordingly, it is time to ensure that Taiwan, as a regional trade, investment and innovation center in the Asia-Pacific, can both complement and reinforce the vision for the EU’s global trade strategy. 8