ΟΙ ΕΜΠΟΡΙΚΕΣ ΣΧΕΣΕΙΣ ΜΕΤΑΞΥ ΕΕ ΚΑΙ ΗΠΑ ΤΑ ΤΕΛΕΥΤΑΙΑ 30 ΧΡΟΝΙΑ ΚΑΙ Ο ΡΟΛΟΣ ΤΗΣ ΕΥΡΩΠΑΪΚΗΣ ΕΠΙΤΡΟΠΗΣ ΚΑΙ ΤΟΥ USTR ΣΤΙΣ ΕΜΠΟΡΙΚΕΣ ΔΙΑΠΡΑΓΜΑΤΕΥΣΕΙΣ

Abstract

The European Union (EU) and the United States of America (USA) have developed, in the course of time, the largest and most important bilateral trade and investment relationship in the world and enjoy the most integrated economies. In the past 30 years, this relationship has been through many distinct phases that were shaped both by the developments that have been taking place domestically, as well as by changes in the global environment. In the 1990’s, in a euphoric atmosphere over the alleged victory of the western liberal model, they jointly created the World Trade Organization (WTO) as the successor to the GATT, while working closely together in the framework of the New Transatlantic Agenda (NTA) and the Transatlantic Business Dialogue (TABD). Nevertheless, their shared vision for a Free Trade Agreement was not materialised. In the 2000’s China adhered to the WTO, while the Doha Round of trade negotiations put the spotlight on the emerging new economies, claiming their share in the global market. Negotiations stalled nevertheless, and the EU and US turned to the Bilateral Preferential Agreements (BPAs) and Free Trade Agreements (FTAs). In 2007 the Transatlantic Economic Council was created as a dialogue forum. In the 2010’s the EU and the US opened negotiations over an ambitious mixed agreement, the Transatlantic Trade and Investment Partnership (TTIP). Nevertheless, negotiations froze in 2016. In 2017, the Trump Administration adopted a policy of trade warfare towards the EU, culminating in 2018 with the imposition of tariffs on steel and aluminum on the grounds of national security, and the threat that tariffs of 25 % would be imposed on imported EU cars; the function of the WTO’s Appellate Body was blocked and the authority of the international rule of law was seriously undermined. In this context, the EU decided to review its trade strategy, setting strategic autonomy as its new primary strategic goal. It also modernized its trade defence instruments (TDIs) in order to make a better defence against the attempted attacks. In trade negotiations, an important part falls within the competence of the European Commission, on the EU side, while for the US the competent authority is the US Trade Representative (USTR). The European Commission has more discretion during the negotiation stages compared to that of the USTR. This is due to the EU’s unique institutional structure as a supranational, institutionally innovative organization, with 7 ΕΣΔΔΑ-ΣΕΙΡΑ 27η-ΔΗΜΗΤΡΙΟΣ ΤΖΑΝΑΚΗΣ ΤΜΗΜΑ ΟΕΥ- 2022- ΒΑΣΙΛΙΚΗ ΓΡΟΥΜΠΟΥ specific “attributed” competences. Within this system the European Commission represents the Union’s “federal” interests, and is, thus, given more flexibility and more power compared to other executive authorities such as the USTR. The EU has quite a different polity compared to that of the US. The election of Joe Biden as President of the US has significantly contributed to the normalization of the EU-US relations, however more steps still have to be taken in this direction, as well as towards the reform of the WTO. The establishment of the Trade and Technology Council (TTC), as well as the partial removal of the Section 232 tariffs on steel and aluminum are positive steps. The consecutive crises of the past few years, including the financial, migratory, health, security, and energy, matched to the likelihood of unpredictability form the part of the Transatlantic partner towards the EU and the international economic system, render the achievement of strategic autonomy by the EU imperative, in a broad range of sectors. The EU should shield itself from the new global challenges and become more assertive, while maintaining its distinctive regulatory model; it should seek to establish partnerships whenever this is possible, on an equal footing, and always within the framework of the international rule of law