The Brussels effect: When regulations become technical barriers to trade.

  • 23 Aug 2024
  • 3 Mins Read
  • 〜 by Jewel Tete

As the deadline for Kenya’s coffee farmers to comply with the EU Deforestation Regulation (EUDR) rapidly approaches, a significant challenge looms over the industry. By the end of 2024, only four months away, the European Union will enforce a ban on the importation of commodities like cocoa, palm oil, rubber, soy, coffee, and wood unless traders can prove that their production processes did not contribute to deforestation or forest degradation. Case in point, the EU will only purchase coffee from sellers who can verify that their beans were not grown on land deforested after December 31, 2020. For Kenya, this poses a substantial risk, as seven of its ten leading coffee markets are in the EU. Unfortunately, less than half of Kenya’s coffee is currently certified, according to the Rainforest Alliance. This situation threatens to become a disaster, considering the EU’s status as the most important coffee market for Kenya.

The most daunting aspect of the EUDR is ensuring traceability—tracking where products originate and verifying their environmental impact. This requires complete visibility across the entire supply chain, transparency in supplier selection and procurement processes, proactive management of deforestation-related risks, and certification that proves compliance. Regular reporting on adherence to these standards and verification of all information is also critical. In essence, the regulation demands that trust be established through rigorous and transparent processes, ensuring that products are sourced responsibly and without harming forests.

When policies like the EUDR become technical barriers to trade, their impact is felt across economies, businesses, and consumers. For Kenyan coffee exporters and producers, the new standards bring increased compliance costs as they must meet stringent requirements and obtain appropriate certifications. This burden is particularly heavy for smaller players in the industry. If Kenyan coffee farmers fail to meet these standards, their access to the lucrative EU market could be severely restricted, potentially undoing the gains made through the Economic Partnership Agreement (EPA), which aimed to open the EU market to Kenyan products. The new regulation could distort competition and, paradoxically, lead to reduced consumer choice and higher prices due to limited supply.

The potential reduction in trade volumes within Kenya’s coffee industry, which is vital to the national economy, could have broader economic and social consequences. Job losses and increased economic inequality are real risks, especially in developing countries where small businesses dominate the sector. While these trade standards are designed to protect the environment and promote sustainability, they can have unintended consequences that must be addressed.

On the positive side, such barriers can encourage innovation. As industries strive to meet higher standards, they may develop better products and adopt improved practices across their value chains. However, the challenge is particularly steep for developing countries like Kenya, where resources, technology, and expertise may be limited. To navigate these obstacles, it would be beneficial for Kenya to leverage regional organisations like the East African Community (EAC) and collaborate with other African countries to harmonise standards and negotiate collectively with international trade partners. Presenting a unified front can help mitigate the impact of new regulations.

Moreover, exploring the African Continental Free Trade Area (AfCFTA) as a platform to improve regional trade standards and practices could make it easier for Kenyan products to meet global requirements. While complying with EU standards is crucial, it is also worth considering the diversification of Kenya’s coffee export markets to reduce dependency on the EU. Diversifying export markets beyond the EU will reduce dependency and spread risk, allowing Kenya to benefit from global trade even as regulations continue to evolve. As trade patterns shift in response to these barriers, new opportunities may emerge in countries with different standards, potentially altering global trade dynamics.

In conclusion, while the EUDR and similar regulations are important for safeguarding the environment, they also present significant challenges, particularly for developing countries. Kenya must adopt a proactive and innovative approach to not only meet these new standards but also to ensure that its coffee industry remains competitive in the global market. Policymakers and the government can establish early warning systems and monitoring mechanisms to anticipate and respond to emerging trade regulations before they become barriers. By doing so, Kenya can not only stay ahead of regulatory challenges but also maximise the benefits of trade agreements like the EPA and continue to thrive in an increasingly regulated international trade environment.