Since 2007, India and EU have been negociating a free trade understanding ( FTA ) – covering trade in goods and services, investings, rational belongings rights and authorities procurance – that is fraught with jobs. Till now, ten negociating unit of ammunitions have been held. The understanding is expected to be finalized by mid-2011.

The India-EU FTA docket includes monolithic duty decreases in all tradable goods including agricultural merchandises. The media studies suggest that India has already agreed to extinguish duties on 90 per centum of all tradable goods and the on-going dialogues are aimed at extinguishing duty degrees even further.

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Presently, India ‘s applied duty degrees on agricultural goods are much higher than those of the EU and hence the deductions of monolithic duty decreases and the attendant import rush would be far making on Indian agribusiness. In add-on to drastic duty decrease, there are several other commissariats under the proposed understanding which could besides adversely impact India ‘s agricultural economic system.

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The State of India ‘s Agribusiness

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Although the portion of agribusiness in India ‘s GDP is worsening over the old ages ( from 30 % in the early 1890ss to 17 % in 2008 ) , a big proportion of population is still dependent on this sector for employment and support. The agricultural sector employs about 60 % of labour force.

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Unlike Europe, Indian agribusiness is dominated by a big figure of little graduated table retentions. The mean farm size in India is merely 1.3 hectares, as compared to 67 hectares in the UK and 50 hectares in France. The little farms are basically subsistence retentions and dependant on rain-fed agribusiness. In rural India, adult females account for more than half of the agricultural work force. Close to 150 million work as agricultural laborers, many with day-to-day rewards below Rs.20 per twenty-four hours.

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For the past two decennaries, Indian agribusiness is witnessing a slowing in growing. One of the most alarming tendencies is the diminution in both public and private investings in agribusiness. The agricultural hurt is due to several factors including high input costs, deficiency of inexpensive recognition from institutional beginnings, dependance on monsoons, deficiency of substructure, volatility in harvest monetary values and low returns. The agricultural hurt is farther compounded by the deficiency of non-farm employment chances in the rural India. The flourishing service sector can non absorb India ‘s excess labour force. The increasing incidence of husbandmans ‘ self-destructions is a diagnostic of a much larger crisis afflicting the agribusiness sector.

India ‘s Agricultural Trade

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Post-Independence, the push of agricultural policy in India was to accomplish autonomy and therefore the trade in agricultural goods was instead limited. For several decennaries, India used specific duties and duty rate quota ( TRQ ) to protect sensitive agricultural trade goods from competitory imports. However, agribusiness trade received a major encouragement in the 1990s with the launch of neoliberal economic reforms and the execution of Uruguay Round Agreement.

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Unlike Brazil and China, India is still a fringy participant in universe agricultural trade. At present, India accounts for less than 2 per cent of the universe trade in agribusiness. Agricultural exports comprise 12 per centum of India ‘s entire exports while the portion of agribusiness in entire imports is 7 per centum.

India ‘s agricultural exports consist of three classs: trade goods and natural merchandises ( low in value but high in volume ) , semi-raw merchandises ( intermediate value and limited volume ) and processed merchandises ( high value but low in volume ) . India ‘s agricultural imports chiefly consists of intermediate merchandises ( accounting for 56 % of imports ) followed by processed merchandises ( 31 % ) and trade goods ( 13 % ) . In recent old ages, some agricultural exports ( e.g. , rice and wheat ) have witnessed crisp swings depending on the size of the harvest and domestic demand.

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Since the late-1990s, India ‘s agricultural imports are turning at a much faster rate than exports. Research suggests that post-WTO government has been more favorable for agricultural imports than exports.

India ‘s agricultural trade with EU is expected to acquire a enormous encouragement with the sign language of bilateral trade understanding. The EU is India ‘s largest agricultural export market. Presently, India enjoys a little excess in its agricultural trade with the EU. India ‘s major agricultural exports to the EU include rice, Anacardium occidentale nuts, java, tea and Castor oil. Many of these merchandises enter the EU market either responsibility free ( e.g. , basmati rice ) or with a lower duty ( e.g. , 6 % for oils ) . India ‘s major agri-food imports from EU include wheat, Scotch whiskey, dried peas, vegetable seeds, vino and olive oil. During 2004-07, wheat was India ‘s top agricultural import from the EU.

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The Lure of Affluent Consumer Market

There are several factors which make India an beguiling finish for European agricultural exports and investings. Some of the cardinal pull factors include a big and turning consumer market ( India ‘s in-between category is already larger than the population of the US ) , greaterA outgos on high-value processed nutrient, more exposure to Western-style culinary art, and turning ingestion of imported nutrients or multinational-branded nutrients made in India.

In peculiar, middle- and upper-class consumers shacking in metropolitan metropoliss ( Mumbai, Kolkata, Chennai and New Delhi ) are the cardinal possible clients for European agricultural exporters and investors. Give the concentrated European and North American agricultural and nutrient markets, India ‘s flush urban population is a potentially immense market for EU exports and investings. The urban India is witnessing a roar in demand for dairy merchandises ( such as processed milk, cheese, butter and yoghurt ) due to altering nutrient penchants.

The Tariff Tangle

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The European exporters view India ‘s comparatively higher applied duty rates as a major hindrance to EU agricultural exports because higher rates raise the monetary value of imported European merchandises.

In the yesteryear, India had imposed higher duties and other limitations to protect its agricultural sector.

However, the mean applied duty rates on agricultural merchandises declined well from 113 per centum in 1991 to 34 per centum in 2007. The current applied duty rates vary well ( 0 to 150 per centum ) by merchandises. At the terminal of the Uruguay Round, India had bound its duties on most agricultural merchandises. India ‘s mean edge duty ( maximal applicable rates ) A for agribusiness merchandises is 114 per centum. But there are important differences between boundA and applied duties ( see Table 1 ) .

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Table 1: India’sTariff Structure ( 2009 ) ( in % )

Merchandises Bound Tariff Applied Tariff

Palm oil, petroleum 300 0

Soybean oil, refined 45 8

Oilseeds 130 30

Sugar 150 60

Wheat 100 50

Processed fruit 111 30

Animal merchandises 105 33

Fresh and dried fruits 100 30

Dairy merchandises 94 33

Nonalcoholic beverages 91 31

Coffee, tea and spices 128 56

Beginning: Government of India, 2009.

The EU exporters have raised concerns over the big difference between higher edge duty rates and lower applied duty rates for many agricultural merchandises which enables India to change its applied duties without go againsting the WTO committednesss. They consider tariff-rate variableness as a major obstruction in European agricultural exports to India. However, from an Indian position, the flexibleness to set duty rates is really of import to equilibrate the involvements of husbandmans and consumers of agricultural merchandises in response to altering market conditions. Between 2005 and 209, India has made frequent alterations in applied duty rates for many agricultural merchandises including wheat, rice and pulsations. For case, the duty rate on wheat was lowered from 50 per centum to 0 per centum in 2006 in response to hapless crops. The duty rate was returned to 50 per centum in 2009 when domestic production increased and monetary values stabilized. Similarly, the duty rate on rice was lowered from 70 per centum to zero in 2008 in reaction to lifting rice monetary value. The duty rate was returned to 70 per centum in 2009 when monetary values stabilized. In add-on, India has imposed export limitations in the signifier of export prohibitions and revenue enhancements to chasten nutrient monetary value rising prices.

Since FTAs officially “ locks in ” duty rates, India should retain all options to change duty rates in response to altering market scenario. The weak precaution mechanisms under the bilateral trade understanding can non protect against a sudden rush in agricultural imports from Europe.

Furthermore, one can non disregard the fact that a diminution in the applied duty rates would besides cut down imposts gross. Despite a diminution in the mean applied duty rates since 1990s, imposts responsibilities remain one of the most of import beginnings of gross to the cardinal authorities.

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Investings in Food Sector

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Since EU and India are besides negociating investing liberalisation commissariats under the proposed trade understanding, these commissariats would enable European agriculture houses to spread out their presence in India ‘s nutrient and agribusiness sector. European houses can straight entree Indian consumers by set abouting direct investings and thereby overcoming duties and non-trade barriers ( NTBs ) that may curtail EU exports. The direct investings in the Indian markets would besides enable European houses to take advantage of local trade good merchandises and inexpensive labor.

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Even though foreign houses are non allowed to have agricultural land under Indian ordinances, yet they have found moneymaking chances to put in the broader nutrient sector.A Since 2005, a important sum of foreign direct investing from Europe has entered into India in nutrient processing, alcoholic drinks, and eating houses. Apart from moneymaking chances, E uropean houses face no regulative obstructions to put in these parts of India ‘s nutrient sector. On the other manus, contract farming provides an chance to get the better of regulative obstructions to FDI in agribusiness sector.

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In 2008, alcoholic drinks account for about half of the agriculture-related FDI in India. Beer ingestion in India is turning at a much faster gait than the remainder of the universe. Major international participants have ventured into the Indian markets. Several large European breweries such as Carlsberg ( Denmark ) , Heineken ( Netherlands ) , SAB Miller ( United Kingdom ) and InBev ( Belgium ) have invested 1000000s of dollars in puting up of breweries in India. SAB Miller is the 2nd largest participant in the Indian beer market with an estimated portion of 30 per centum.

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India ‘s urban nutrient market ( estimated at $ 70 billion ) is an of import attractive force for European retail merchants. The urban nutrient demand is driven by higher disposable income, atomic households, altering gustatory sensations and increase in processed nutrient ingestion particularly by immature professionals.

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The Indian authorities has been bit by bit opening up retail concern for FDI. Although foreign investing is still prohibited in multi-brand retail concern, A 100 per centum FDI is permitted in the sweeping cash-and-carry section. Germany ‘s biggest retail merchant, Metro AG, is already runing six sweeping shops in India. Metro plans to open every bit many as 50 sweeping shops by the twelvemonth 2015. “ Our mark of 50 shops by 2015 wo n’t be the terminal, we decidedly see a possible of three-digit figure for our shops here. I think the market potency for cash-and-carry concern in India is immense, ”[ 1 ]said Eckhard Cordes, CEO of Metro during a recent visit to India.

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The organized urban nutrient market will witness a quantum spring once the authorities opens up multi-brand retail concern for foreign direct investing. Multi-brand European retail giants such as Carrefour and Tesco have already shown involvement to put in this section in India. However, a free rein to European retail merchant may adversely impact the little and unorganised retail merchants which presently make up 99 per centum of India ‘s agricultural and nutrient retail sector.

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The emerging organized nutrient market in urban India is easing the mushrooming of nutrient processing sector which is presently turning at double-digit rates. The potency for nutrient processing in India is enormous sing merely 2 per centum of entire vegetable production is processed, as compared to 65 per centum in the US. Despite a broad policy government sing FDI in nutrient processing, 75 per centum of end product is generated by little manufacturers in the unorganised sector.

The Indian governments have envisaged an investing of $ 22 billion by domestic and foreign investors in the nutrient processing industry by 2015. To excite nutrient processing, the authorities has proposed the constitution of 60 agricultural export zones and 53 mega-food Parkss in the state. In add-on, duty-free import of capital goods and natural stuffs, revenue enhancement vacations and other grants have been announced to promote investings in nutrient processing. Several European houses ( e.g. , Nestle, Unilever, Perfetti Van Melle ) are already active in the nutrient processing concerns.

Government Procurement

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Every twelvemonth, the Indian authorities procures nutrient grains and other farm merchandises straight from husbandmans. This procurance policy has twin aims of guaranting minimal support monetary value to the husbandmans and keeping reserves of nutrient to feed the hapless through the public distribution system ( PDS ) and other public assistance strategies.

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The media studies suggest that the Indian authorities has showed its willingness to open up authorities procurance to European companies under the proposed understanding. Although the exact inside informations of opening up authorities procurance are non in public sphere, such a move could restrain authorities ‘s ability to present on nutrient grain procurance and distribution system. Besides, it could sabotage the on-going attempts to deconcentrate the procurance and distribution system for improved nutrient security and monetary value stableness. There are apprehensivenesss that such commissariats could compromise the authorities ‘s ability to carry through the right to nutrient duties. Presently, aA National Food Security ActA is under consideration.

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The gap up of nutrient procurance and distribution system raises a scope of inquiries about equal nutrition, cultural rightness, rural supports, consumer costs and above all about nutrient sovereignty.

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Intellectual Turn

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Through the BTIA ‘s rational belongings ( IPR ) commissariats the power and control of agribusiness TNCs over seeds and biological resources is advanced far beyond WTO criterions. IPR further the denationalization of seeds and escalate monopolies over seed, pesticides, fertilizers and carnal vaccinums. European big leagues like the German Bayer CropScience are already ill-famed in India for the seeds and agrichemicals they sell. An industry-conducive IPR environment encourages proprietary agribusiness engineerings – such asA genetically modified ( GM ) harvests and fish. This has serious deductions, socially, ecologically and for human and carnal wellness. The application of ‘modern biotechnology ‘ in agribusiness both in the absence of independent appraisal of the engineering and a biosafety government in topographic point in India is already a controversial issue. TheA Biotechnology Regulatory Authority of India Bill, 2010A is pending in Parliament to regulate the usage of GM in agribusiness.

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FTAs like this 1 that demand corporate breeder rights re-orient agricultural research and inhibitA grassrootA invention. This in bend undermines husbandmans freedoms, endangers biodiversity and thereby badly impacts the clime resiliency of little farm agribusiness. After WTO, many states in the South were arm-twisted to supply for IPR on harvest assortments through works assortment protection ( PVP ) Torahs that impose limitations on husbandmans activities like limited seed-saving, resowing with bounds, interchanging amongst themselves merely for ego usage, etc. Currently India has a mild version of a PVP jurisprudence – the Protection of Plant Varieties and Farmers ‘ Rights Act, 2001. It attempts to accommodate husbandmans ‘ freedoms over seting stuff and commercial involvements of works breeders seeking to market “ new ” harvest assortments. EU had earlier insisted that like its trading spouses India excessively have a UPOV 1991 compliant PVP jurisprudence. UPOV Treaty and its 1991 version further restrict the natural rights of husbandmans and do them subject to the economic rights of corporate breeders. It brings in two large limitations. One, that husbandmans can non salvage seeds other than for their ain usage, nor can research workers utilize the seting stuff freely. This strikes at the really root of both on-farm research and public scientific discipline. Though it is believed that the current BTIA text does non do express reference of UPOV 1991 ( as an earlier one did ) , but EU does take a firm stand on IPR on works assortments.

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In 2007, Claras ApS – a Danish company – filed patent applications at the European Patent Office for slimming agents purportedly ‘invented ‘ from ginger, Curcuma longa, Cuminum cyminum and onion. This is despite the fact that uses of these spices and veggies are good known inA Ayurveda.A The protection of traditional cognition has long been a combative issue between India and other bio-rich states at the having terminal of ‘bio buccaneering ‘ from technology-rich Western states. In the proposed articles onA familial resources and associated traditional cognition, A EU is hesitating to profess to India ‘s demand that compulsory revelation of the beginning and beginning of the familial resources and traditional cognition by the inventor/patent applier be portion of national patent governments.

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EU is sharply forcing for the inclusion of geographical indicants in its bilateral agreements.A The proposed FTA with India besides contains a really elaborate subdivision on geographical indications.A A geographical indicant ( GI ) is a mark used on goods that have a specific geographical beginning and possess certain qualities and features related to that beginning. Some of the well-known GIs includeBasmati rice, Darjeeling Tea, Scotch whiskey and Champagne vino. The EU has already identified over 700 GIs from Europe for nutrient and agricultural merchandises. For EU, GIs are a agencies to procure market control over agricultural merchandises particularly in competition with large trading spouses.

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Double Trouble

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EU is acute to include commissariats on healthful and phytosanitary criterions ( SPS ) and proficient barriers to merchandise ( TBT ) under the proposed FTA. These commissariats limit the power of local communities and national authoritiess to put their ain criterions in relation to biosafety, nutrient safety and other wellness concerns. From available ‘leaked ‘ texts it is known that EU has asked for elaborate commissariats on SPS.[ 2 ]EU-prescribed SPS criterions would forbid Indian nutrient merchandises on the European market due to India ‘s supposedly deficient nutrient manufacturer traceability and market surveillance systems.

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Since agribusiness is a extremely sensitive sector, the Indian authorities should transport out a fresh appraisal of the benefits and costs of India-EU FTA. The purported additions in services sector should non be at the cost of the agricultural sector. It is amazing that New Delhi is negociating FTA with EU ( and other trading spouses ) without any anterior audiences with the province authoritiess. The bill of exchange texts of the India-EU FTA and the substance of the dialogues have non been shared with the province authoritiess. As per Indian fundamental law, agribusiness falls under the legal power of provinces and therefore it is imperative to affect province authoritiess in all trade dialogues and construct consensus, peculiarly on affairs related agribusiness and farm sector.