Transforming the ACP-EU ‘special’ relationship

Chapter 5 marks the beginning of the analysis into the EPAs, providing a rich and historically sensitive account to the transformative nature of ACP-EU cooperation. In this chapter, the various shifts in the ACP-EU relationship are explored, enabling a better understanding of why this relationship has endured for so long. For many decades, the ACP countries enjoyed non-reciprocal preferential access to the EU market under the Yaoundé and Lomé agreements. Following changes at the multilateral level, and in accordance with the recommendations of the Appellate Body in the EC-Bananas III dispute, the ACP countries are no longer eligible to receive non-reciprocal market access for their exports to the EU market.1 Nevertheless, the EU has been keen to preserve its long-standing relationship with former colonies in the ACP and has done so by offering reciprocal, but asymmetric, preferential market access under the Cotonou Agreement and through the EPA framework. Although the primary purpose of the EPAs is to eradicate poverty and facilitate the gradual integration of ACP countries into the global economy,2 these agreements mark a significant transformative shift in ACP-EU cooperation as trade facilitation and reciprocal market access now form key parts of the agreements for the first time. 1 The only exception to this rule is where the country concerned qualifies for special and differential treatment. 2 Article 1 Partnership Agreement between the members of the African, Caribbean, and Pacific Group of States of the one part, and the European Community of the other part, signed in Cotonou on 23 June 2000’ [2000] OJ L317/3 as amended through Decision No. 3/2008 of the ACP-EC Council of Ministers of 15 December 2008, [2008] OJ L352/59 to adopt the revised provisions set out in [2010] OJ L287/3, hereinafter referred to as the ‘Cotonou Partnership Agreement 2014’.