The EU-Kenya Economic Partnership Agreement (EPA) finally entered into force on 1 July 2024, years after the EU-East African Community EPA was negotiated – but never implemented. The EPA with Kenya will finally provide a platform to strengthen and further develop the EU relationship with Kenya – and, over time, with the entire East African Community (EAC).
While the EPA failed to liberalise trade in spirits, it will at least provide the legal basis for a return to a 25% import duty on EU spirits – from 35% currently – which will prove useful as EU spirits companies seek to diversify their export markets and seize new opportunities around the world.
The agreement also contains more general provisions on customs and trade facilitation, cooperation on agriculture (including on GIs protection), SPS & TBT chapters as well as chapters to increase cooperation on SPS & TBT matters, and a dedicated annex on Trade and Sustainable Development. On Geographical Indications, the Parties agreed to cooperate in the identification, recognition and registration of products that could benefit from protection as GIs and any other action aimed at achieving protection for products so identified. The EPA establishes an EPA Council, a Committee of Senior officials and an EPA consultative committee, a Special Committee on Customs and Trade Facilitation and an Agriculture Dialogue. The agreement contains a rendez-vous clause, whereby both parties will strive to conclude negotiations on matters including IPRs protection and investment within 5 years from its entry into force and may also make suggestions to adjust trade-related cooperation. More information can be found here.
