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Dual Quality of Food Products Questions EU’s Single Market Strategy

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Several countries in Central and Eastern Europe (CEE) allege that some multinational brands and supermarkets’ private-label food products sold in Western Europe are of superior quality than those available under the same brand name and packaging in their home markets. Food producers contend that they often change composition or characteristics of food products in different countries to adapt to local taste preferences. However, this practice has led to resentment among the CEE consumers who feel that food producers deliberately offer inferior quality products in CEE to save on costs. Taking into consideration the results of comparative tests (conducted by few CEE member states) indicating dual quality of food products to be a fact, European Commission has come out in support of countries complaining about double standards of food products. As European Commission is working out an approach to tackle the issue of dual quality of food products, the packaged food industry must prepare for possible impact.

Slovakia, Hungary, Czech Republic, Croatia, Bulgaria, Poland, Slovenia, Estonia, and Romania are among the countries that have voiced their concerns over dual quality of food products. These countries claim that some of the packaged food products sold in their home markets differ in composition and ingredients when compared to same brands’ food products sold in western markets, for instance, some products contain lower quality of the primary ingredient (e.g. less fish in fish fingers) or contain ingredients considered as less healthy (e.g. sweeteners instead of sugar in beverages). Some countries also complain about the difference in sensory characteristics such as taste, texture, or color.

Investigations by national institutions of few CEE countries revealed that, despite being marketed under identical packaging, many packaged food products differ in composition and characteristics across European Union (EU) member states. In many cases, food products available in CEE markets were less healthy as compared to same brand products available in western markets such as Austria, France, or Germany. In 2015, the Prague University of Chemistry and Technology tested 23 products marketed under the same brand name in Czech Republic and Germany and uncovered differences in eight products. Slovak Agriculture Ministry and the State Veterinary and Food Administration (ŠVPS) conducted a similar study in 2016 and found discrepancies in nearly 50% of the products tested. In 2017, NEBIH, Hungary’s food safety authority, compared 96 products in Hungary, Austria, and Italy. The study included multinational brands, supermarkets brands, as well as some products with similar composition but not the same brand. While 25 of these products were found to be identical, 8 products were different in composition and 30 products exhibited difference in sensory characteristics, whereas 33 products indicated differences in both.

Multinational companies contend that this is a common business practice to change the composition of the branded products as per the local preferences and demand, difference in purchasing power, local sourcing requirements, variation in production lines, etc. EU legislation requires companies to properly label ingredients, but it does not mandate sale of the same recipe under the same brand name across the EU markets. However, it is difficult for consumers to identify the difference in quality of products based solely on information presented on the label. Consumers generally expect that products of the same brands with identical packaging and appearance are the same and thus the purchase decision is often based on brand image and reputation.

The frustration and dissatisfaction is building up among consumers in these markets as they feel as if they are being unfairly treated as second-class consumers. The dual food quality issue has now come under the political radar as the concerned countries have joined forces compelling the European Commission to take necessary actions to eliminate double standards in the quality of food products sold across EU.

EU-Dual Quality of Food Products

After years of perseverant diplomatic efforts, in 2017, European Commission finally acknowledged the issue of dual quality in food products and pledged necessary action against such practices as they may lead to single market fragmentation. In September 2017, the European Commission offered a grant of EUR 1 million (~US$1.2 million) to the Joint Research Centre (European Commission’s science and knowledge service) to develop a common methodology which can be used across the EU market for comparison of products. Additional EUR 1 million (~US$1.2 million) will be offered to member states for conducting further tests and to take actions to ensure compliance.

Alongside, European Commission also released guidelines highlighting application of the existing EU food and consumer protection legislation to determine whether a brand is acting in breach of these laws when selling products of dual quality in different countries. Unfair Commercial Practices Directive (UCPD) prohibit “a misleading commercial practice if in any way it deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to the main characteristics of the product”. National authorities are directed to determine on case-by-case basis whether consumers would still buy a product of a particular brand if they were aware that its main characteristics differ from those of the product sold under the same brand name and packaging in most EU member states – if they would not, then the company can be considered acting in violation of UCPD (though such a determination will undoubtedly be challenging with regards to maintaining objectivity and common fixed criteria). European Commission, along with the help of industry stakeholders, is also preparing a new code of conduct that will include standards to improve transparency and thereby avoiding the dual quality issue.

EOS Perspective

Dual quality of food products has been proven to be a fact and is perceived as an unfair distortion of EU single market. European Commission advocates to strengthen enforcement of existing consumer protection laws, however, some of the EU member states’ representatives are demanding legislative amendments as they believe that the current laws are inadequate to tackle the issue of dual food quality. CEE countries demand that the multinational brands must standardize their food products across the EU market to put an end to the discriminatory practice. However, this would require revision of EU food legislation, a proposal relished by neither the European Commission nor the industry.

In May 2017, Hungary submitted a draft legislation to European Commission to introduce a labelling obligation to include distinctive warning on dual quality food products. However, food law experts contest that such an obligation will restrict the food producers to distribute their products freely in Hungary, unless they bear an additional cost for labelling. This conflicts with article 34 of EU’s treaty that guarantees free circulation of goods within EU. However, if a similar proposal is considered for EU, it would force the food producers to include a warning on the labels, and this could be perceived as a mark of a potentially negative marketing.

It is about time that multinational brands offering dual quality products acknowledge the intensity of the allegations. Companies must prepare an acceptable justification for the difference in quality of their products, more specifically, if their products in certain markets are of inferior quality. Companies may consider reformulating their products in CEE markets to standardize their product offering across the EU bloc. For instance, in September 2017, HiPPs, a German baby food producer, announced that it would reformulate one of its Croatia-sold products to match with the German recipe.

Rebranding is another option that the companies could explore. Products with significant difference in composition could be launched under a new brand name exclusively for that local market. Companies for whom rebranding and reformulating is not deemed feasible, should consider relabeling and repackaging their products to clearly differentiate the products across markets. For instance, Tulip is considering changing the packaging of canned luncheon meat in the Czech Republic to differentiate it from the similar product available in Germany. An unquestionable fact here is that whichever approach companies take to address the dual quality issue, it will result in additional costs, which might affect the products’ prices and make them less accessible, especially for consumers from low-income sections of the CEE population.

For the multinational brands offering identical products across EU, the dual quality issue can be seen as an opportunity. Such companies could consider multilingual labelling informing consumers that same product is sold across markets, and this approach would also help standardize the packaging and labelling across the region. Further, these companies could also benefit from a positive PR and marketing campaigns to reinforce the fact that they consider all their customers equal across EU single market.

Packaged food producers who have presence only in Western Europe are presented with a unique opportunity to expand in CEE markets. As the general perception in CEE is that packaged food products made in western EU countries are often of superior quality, the western-recipe version of a given product may be well received by the CEE consumer.

Local e-tailers as well as retailers in border cities can also be at gain. For instance, Czech e-tailers such as Rohlik.cz and Košík.cz have added special sections on their websites offering German products; likewise, supermarkets in German towns such as Altenberg and Heidenau have put up sign in two languages, due to increasing footfall from Czech cities across the border.

As the debate on dual quality of food products is gaining heat, multinational brands such as HiPPs and Tulip are already considering changing product composition or packaging to reflect the differentiation of their products across member states. Though food producers are not required to offer standard products across the EU countries, they will need to justify the difference in their products, and failure to do so may lead to legal action. The recent guidelines announced by European Commission are more of a soft warning to food producers. If the issue remains unresolved, then European Commission may consider more extreme measures. European Commission warned that if the situation does not improve, it will make the name of brands that are involved in the practice of dual quality publicly available. This might severely impact the brand image of these multinational brands in consumer’s view. Revision of packaging and labelling law is also one of the recommended alternatives that might be explored as a last resort.

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Commentary: Indian Automotive Sector – Reeling under the Budget

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The Indian automotive industry has been witnessing a period of recovery and growth over the past couple of years. Every year, automakers look towards the government to provide a stimulus in the form of favorable policies and budget allocations, to spur growth in the sector. A week has passed since the announcement of Indian budget for FY 2018-2019. We take a look at its short and long-term impact across the automotive value chain.

Supply-side scenario (component manufacturers and OEMs)

The current Indian government under Prime Minister Modi has been focusing on promoting domestic production of automobiles and auto components, as a part of its “Make in India” campaign. A 5% increase in customs duty on imported completely knocked down (CKD) cars and automotive components for assembly and sale in India is seen as another step in this direction.

While international OEMs such as Volkswagen and Skoda have been left reeling under the burden of additional costs, this provides an opportunity to spur growth particularly in the domestic components manufacturing.

Another positive news for domestic automotive components manufacturers, most of which are small and medium scale enterprises, is the reduction in corporate tax rate by 5% percentage points (for companies with a turnover of under INR 250 Crores / USD 38.83 million). These tax savings can provide companies with additional capital to invest in their business, aiding their long-term growth.

Investments in road and rural electrification infrastructure also encourage OEMs to bring new products, particularly electric vehicle (EV) portfolio, to the Indian market. However, lack of an established EV infrastructure means that this market development is likely to occur only over a long-term horizon.

Demand-side scenario (individual and corporate consumers)

The key factor impacting the demand for automobiles is perhaps how deep the consumers’ pockets are (or can be) after bearing all the tax burdens – in other words, how high the disposable income is in India. This is even more relevant for the lower-end of the market (or the so-called “mass spectrum”).

Minimal income tax incentives to individuals, coupled with rising inflation, are likely to limit the disposable income of most people (particularly in the low and medium income brackets), which form the largest consumer base for automobiles in terms of volume.

A booming stock market in India attracted several consumers in the middle income group to invest their capital in equities. Levy of a 10% long-term capital gain tax (LCGT) on returns from these equities (although grandfathered till INR 1 Lakh / USD1,553) is likely to put even further pressure on consumers’ pockets, especially for those looking to finance their automobile purchases by getting the most out of their investments.

Moreover, the knee-jerk reaction to this year’s budget was also observed on the equity market. The negative sentiment has led India’s two leading stock exchanges – BSE and NIFTY – witnessing a 5% decline within a 7 day period from the announcement of the budget, thereby eroding consumer’s wealth, which may further impact consumers’ short-term decisions to purchase vehicles.

On the other hand, the support provided to the agricultural sector is likely to spur demand for tractors and small passenger vehicles in rural areas, however this demand growth is dependent on the agricultural output, and derived from it incomes, in the coming year.

Aftermarket scenario (recyclers)

For the past couple of years, automotive companies as well as aftermarket recyclers have been expecting the government to bring in the scrapping policy, which would allow consumers as well as OEMs to benefit from voluntary replacement and scrapping of vehicles older than 15 years. However, lack of any announcements related to this policy has left the aftermarket recyclers and OEMs disappointed. They will need to wait to tap the demand expected to come from voluntary replacement of old vehicles in exchange of monetary benefits.

EOS Perspective

The scenario for electric vehicles (EVs) looks bright over a long term with significant investments going into development of rural electrification infrastructure, which will impact the development of the EV ecosystem beyond the metros as well. OEMs look at this as an opportunity, and this is evident from the number of EVs and electric concept cars to be unveiled at the Auto Expo 2018, India’s largest automotive exhibition. However, in a short to medium term, the adoption of EVs is likely to be limited to the corporate sector. General mass adoption is likely to lag behind due to vehicles’ high prices, and limited distance range/capacities offered by the current EVs available in the market.

As the mass automobile demand is expected to remain lull in the short term, the market will be driven by luxury and premium segments, which is largely unaffected by the budgetary challenges. A push is evident from OEM-side as well, with a number of premium, high-end products (such as SUVs, large displacement motorcycles, and luxury vehicles) launched at the Auto Expo 2018.

While the budget has left a lot to be desired, there are positives which bode well over the long term. The market is likely to witness a downturn in demand over a short term, as the consumers are likely to turn to preservation of wealth till the negative market sentiment prevails. Moreover, as the government invests in infrastructure projects, demand for both commercial and private vehicles is likely to pick up in the future.

It remains to be seen how soon the market witnesses a recovery in terms of automobile demand. One thing is certain, as always, when the budget comes next year, expectations will be high, partially fed by this year’s disappointments.

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Infographic: Vietnam Tourism Sector Taking Off

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Tourists are flocking to Vietnam to admire its natural beauty and cultural heritage. With record-level tourist arrivals in 2017, Vietnam is rising among the fastest growing travel destinations in the world.

This sector growth can be attributed to several government initiatives, including strengthening of tourism regulations, financial stimulus, and technology integration. However, some of the pressing issues such as unavailability of qualified workers for hospitality industry, natural disasters, or polluted tourist attraction sites may affect the growth momentum.

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Argentina Powers its Way through Renewables

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Despite having abundance of renewable resources, Argentina has always had an inclination towards the non-renewable energy in its energy mix. However, in 2016, the incumbent government announced its intentions to explore the renewable resources, especially wind, to ensure that about 20% of the energy mix is contributed to by green energy by 2025 (a shorter-term goal entailed 8% of the energy to be contributed to by renewable resources by the end of 2017). Both local and foreign players have welcomed this announcement and have started pouring in investments into related projects. However, the path to achieving the targets does have obstacles other than investment, such as lack of speedy financing and poor energy transmission.

At the time of the 2015 elections, Argentina was going through an energy crisis. Owing to a shortage of local energy generation, Argentina had been dependent on imports to meet its energy requirements post 2010. This was underpinned by lack of incentives for local and foreign investors to invest in the energy sector and the de-dollarization of energy tariffs (which prevented private, especially foreign investment into the sector, since most companies were not confident about the stability and value of the Argentina peso).

Also, despite Argentina’s abundance of renewable sources, the country’s energy mix was heavily dependent on non-renewable sources, which were imported from neighboring countries – gasoil from Venezuela and LNG from Bolivia. Thus, when pro-business candidate, Mauricio Macri, took office in 2015, his government adopted several reforms to uplift the country’s energy sector, with a prime focus of promoting the use of renewable energy. In October 2015, the Macri government introduced a new program called, RenovAr, to attract local and foreign investments in Argentina’s renewable energy sector.

argentina renewable energy

The RenovAr program aims to achieve 20% share of renewable energy in the energy mix by the end of 2025. It has also set a target of achieving 8% of its energy from renewable sources by the end of 2017 (which in absence of the government’s statements of the latter being achieved at the time of preparing this publication, it is fair to assume that the 2017 target was unlikely to have been met). These targets appear rather ambitious, considering that just recently, in 2016, only 1.8% of power demand in Argentina was supplied through renewable energy.

These targets appear rather ambitious, considering that just recently, in 2016, only 1.8% of power demand in Argentina was supplied through renewable energy.

The RenvoAr program has been designed to provide a host of fiscal benefits and financial support to companies interested in investing in the development of renewable energy projects. These include (but are not limited to) exemption of import duties for all projects commencing construction before the end of 2017; accelerated fiscal depreciation of applicable assets; early VAT refund for assets and infrastructure; exclusion from minimum presumed income tax for eight years from project commencement; exemption from dividend tax (subject to reinvestment in infrastructure); extension of income tax loss credits to 10 years; tax deduction of all financial expenses; tax credit on locally sourced capital expenditure.

However, the tax benefits were the highest for projects commencing before the beginning of 2018 and will diminish gradually up till 2025. In addition to these benefits, the government has set up a sector-specific trust fund called Trust Fund for Renewable Energy (FODER), to provide payment guarantees for all tendered power purchase agreements (PPAs) and to also support project financing. This further helps secure investors who have historically been hesitant to invest in Argentina. The government has allocated ARS 12 billion (US$860 million) to the trust fund. Also, the World Bank has approved US$480 million in guarantees to support the PPAs under the RenvoAr program.

Owing to a great deal of benefits and securities offered, the RenvoAr program has been modestly successful. In Round 1 of the RenvoAr program held in October 2016, the government awarded contracts for 1,142 MW capacity (through 29 contracts) instead of the initial plan of 1,000 MW. This was due to a great deal of interest in the auction, which received 123 bids for more than 6,300 MW. The awarded projects included 707 MW of wind energy projects and 400 MW of solar energy projects. The average prices for the projects were US$59.70/MWh for solar and US$59.40/MWh for wind.

The second round of auctions held in November 2016 (Round 1.5) witnessed equal success with a total capacity of 1,281 MW being auctioned off through 30 contracts. The 765 MW of wind energy was auctioned at an average price of US53.3/MWh, while the 516 MW of solar projects were auctioned at an average price of US$54.9/MWh, signifying a visible drop in prices over the two rounds. The auctions were expected to increase renewable energy contribution to Argentina’s energy mix to close to 6% and to bring in about US$3.5 billion in financing over the next two years.

Argentina’s Renewable Energy Potential

Wind Energy — Argentina has immense potential for wind energy generation. As per various estimates, a region that has an average wind speed of and above 5m/s has a good potential for wind energy generation. In Argentina, about 70% of its territories have an average wind speed of 6m/s, while one of the country’s regions, Patagonia, has an average wind speed of 9m/s. In fact, Patagonia is among the top three wind corridors globally.

Solar Energy — The northwest region of Argentina boasts of being among top four locations globally for having the greatest thermal solar power potential. About 11 provinces across Argentina have high potential for installation of photovoltaic panels, which is the most widely used solar generating technology in Argentina.

 

In addition, Argentina also has an immense potential to source energy from small-hydro, bioenergy, and biomass projects.

After two hugely successful auctions, the government had planned the third auction (Round 2) in summer 2017, however, the round was later pushed to November 2017 due infrastructure bottleneck. The country has limited transmission nodes in areas with good wind and solar potential and also require to boost the transmission infrastructure to go hand in hand with the RenvoAr program. About 5,000 kilometers of transmission lines would be required over the next three years to match the expanding capacity.

In addition to avoiding infrastructure bottlenecks, the government pushed back the next round of auctions to ensure there were no financial bottlenecks as well. With the winners of the 2016 auctions still seeking financing by mid-2017, the government did not wish to start another auction before the earlier projects were structured.

The Round 2 of the auction (which was held in November 2017) also saw significant success and auctioned off about 2,043 MW capacity instead of the initially planned 1,200 MW. The tender was largely oversubscribed and received 228 bids representing 9,403 MW of capacity. The auctioned bids included about 816 MW of solar power capacity at an average price of US$43.46/MWh and about 993 MW of wind energy at an average price of US$41.23/MWh. This round is expected to bring in a further US$2.5-3 billion in investment.

While the three rounds of auctions can easily be termed as success, it is important to note that most contracts were bagged by local players instead of large international players (such as Spain’s Acciona and US-based AES Corp). This was primarily because large international companies still consider Argentina to be a slightly risky market and the price quoted by them reflected this risk (whereas most local players quoted much lower prices).

Moreover, with every proceeding auction, the average price declined significantly (from US$59.70/MWh and US$59.40/MWh for solar and wind, respectively in October 2016 to US$43.46/MWh and US$41.23/MWh in November 2017). Following this trend, the ceiling for the next auction have been announced as US$41.76/MWh for solar and US$40.27/MWh for wind (however, the date of the next auction has not been announced). This raises major concern, especially for international players, that the prices have declined to a point where projects may not be economically viable. This is valid considering that the Argentinian market holds some risk as well (the country has a credit rating of B+ as per S&P and B3 as per Moody’s). Lower prices may also act counter-productive because in case the winning projects fail to get financing in accordance with the low output prices, the overall confidence in the renewables program may fall.

Lower prices may also act counter-productive because in case the winning projects fail to get financing in accordance with the low output prices, the overall confidence in the renewables program may fall.

However, international players can come into play with regards to president Macri’s another policy that promotes generation and use of clean energy. As per a new rule passed in September 2017, large power consumers are allowed to directly meet their renewable power obligations (8% by 2017 and 20% by 2025) through private supply contracts. This is expected to further pour in investments worth about US$6 billion over the next three years and also lead to the installation of close to 4GW generation capacity. Several players, such as Argentina-based Luft Energia (which has partnered with US-based PE firm, Castlelake) are focusing on this route to enter Argentina’s lucrative renewables energy market, rather than competing in a price-war in the auctions.

EOS Perspective

Generation and use of renewable energy definitely holds an important place for president Macri and his government is definitely pulling many strings to advance the cause. The three rounds of auction up till now can be termed as success by almost any measure, however, it is too early to comment if the government will be able to reach its ambitious targets. While the RenvoAr program and the FODER trust fund provide real benefits and security to investors, the smooth and timely financing of these projects, especially with declining bidding prices, still remains to be a challenging task. Moreover, the lack of transmission infrastructure leads to further uncertainties regarding the program’s success.

The government has probably remained slightly short of its 2017 target of meeting 8% of its energy needs from renewable sources, however, it is on track to achieve its goal of 20% energy-mix being contributed by renewable energy. Thus, it is safe to say, that while Argentina’s renewable energy goal may be a little too ambitious, the government does seem optimistic about achieving it on the back of a solid incentive program, the World Bank’s support, and keen interest from foreign and local energy players.

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Infographic: Four Digital Trends in Aviation that Will Fly High in 2018

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Emerging technologies are sprawling over the aviation sector making travel seamless, convenient, automated, and personalized. Airports and airlines are adopting technologies that simplify the passengers’ travel experience by digitalizing baggage and boarding processes, making wayfinding in busy airports efficient, and making check-ins more rapid, among many others. Digitalization is not only helping to deliver greater customer satisfaction, but also minimizing costs, increasing revenue, and improving efficiency – for instance, within six months of chatbot usage, Aeromexcio was able to reduce average customer service resolution time via chat to two minutes from 16 minutes.

Some of the key technologies to flourish in aviation in 2018 include biometrics, artificial intelligence-powered chatbots, robotics, and Internet of Things. With emerging technologies set to redefine the travel experience, it is essential that the airports and airlines take action now to ascertain they are well-placed to tap the opportunity.

digital trends in aviation

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Note: Mexico-based airline:Volaris; Germany-based airline:Lufthansa; Netherlands-based airline:KLM; UK-based airline:Virgin Atlantic; USA-based airlines:Delta, JetBlue; Taiwan-based airline:EVA Air; New Zealand-based airline:Air New Zealand

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China’s Cross-Border E-Commerce Sector Enjoying Government Support – But for How Long?

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It is a well-known fact that China, today, is the largest and fastest growing e-commerce market globally. Accounting for close to half of the global e-commerce sales, China’s e-commerce industry is witnessing a double-digit growth, rising by about 26% in 2016. Leading the growth in China’s e-commerce sector is cross-border e-commerce (CBEC), which is currently witnessing close to double the growth compared with the overall industry and is expected to continue to grow robustly over the next five years. The government has not only been charging favorable duty to promote CBEC, but has also created special customs-clearing zones in 13 cities to support cross-border trade. However, in 2016, the government came up with a new set of taxation and a list of items that were allowed to be only imported. Following a significant industry pressure, the government has pushed the implementation of these rules to the end of 2018, and it now remains to be seen whether the industry will continue to receive government support which is instrumental for it to flourish.

Cross-border e-commerce (CBEC) has been creating quite a buzz globally, and leading this global trend is China, one of fastest growing markets with respect to CBEC. A plethora of social factors such as improved standards of living, increased awareness about foreign products through greater international travel as well as access to information online, increased quality consciousness among consumers, limited options available locally (especially in product categories such as infant milk formula and health supplements) have resulted in escalated demand for international products in China. All these factors, along with the ease of buying through e-commerce and the growing tendency of Chinese people to use their mobile phones to shop, have resulted in exponential growth of the CBEC sector in the country.

China’s CBEC Industry – At a Glance

Retail Sales and Growth: The industry was estimated at US$85.8 billion in sales in 2016 and is expected to double up sales to about US$158 by 2020. The number of CBEC customers in China is estimated to rise from about 181 million in 2016 to close to 292 million in 2020.

Trade Partners and Goods: The UK, USA, Australia, France, and Italy are some of China’s largest trading partners with regards to CBEC. Cosmetics, food and healthcare products, mother and child solutions (including infant formula), clothing and footwear are the most shopped categories through CBEC.

Consumer Profile: About 65% of the customers are male and 75% are between the age of 24 and 40. Most of the customers are well-educated, with three-fourth of them having at least a graduate degree. The ticket size for about half of these purchases ranges between US$15 and US$75 (RMB100-500).

Leading Players: Most cross-border online sales are undertaken through third-party online marketplaces such as TMall Global (owned by Alibaba group) and JD Worldwide (owned by JD Group, China’s second largest e-commerce player). Global e-commerce leader, Amazon is also becoming increasingly active in China.

The government has also provided immense support to the CBEC sector, a fact that has been critical to the market growth. As an effort to weed out the illegal grey market imports and to promote e-commerce, China’s government relaxed cross-border e-commerce rules and the applicable custom rates (close to 15 to 60% depending on the item). Moreover, custom duty amounting to less than US$7.5 (RMB50) was exempted. The government also created 13 CBEC zones across the country in order to expedite custom clearing of foreign items ordered online. These zones house large warehouses where foreign brands and retailers stock items, which, upon being ordered, are put through custom clearance (under relaxed rules). This way the consumer receives foreign goods within few days of ordering it.

While this has been greatly benefiting the Chinese consumers who now have an access to a range of products that were once seemingly out of reach for the public at large, it is also revolutionizing how foreign players are operating in China. Traditionally, foreign companies (brands) required to have a legal entity in China (subsidiary, partner, or own manufacturer) to import goods through the general trade channels. These legal entities had the task to clear import customs and pay duties on goods imported into the country. However, under the CBEC channel, these foreign players are freed from the requirement of establishing a local entity before selling their goods in the Chinese market. This also relieves companies from several compliance procedures that they were required to follow in case they were entering the market through offline trade channels. Therefore, several players, who shied away from China in the past (owing to cumbersome product registration and approval process), are looking at this as their entry strategy in the market. Simpler compliance checks and reduced import taxes have also made it easy for companies to experiment and launch a host of products (on a hit and miss basis) in the Chinese market without much investment.

However, while CBEC has greatly supported the cause of promoting e-commerce and aiding international companies in accessing the Chinese markets, it has seriously hampered the business of several domestic players (especially in the cosmetics and health supplements industry) who have been protected from foreign competition in the past owing to strict import rules. Moreover, it has resulted in a major disadvantage for conventional retailers with a brick and mortar setup as goods sold through the CBEC route are levied with a lower number of taxes compared with similar goods sold through traditional trade channels in China.

Owing to these factors, in April 2016, the government revised the taxation rates for CBEC goods resulting in a marginal increase in taxes for few categories. Under the new rules, products would be temporarily levied with 0% import tariff but would be taxed at 70% of the applicable VAT and consumption tax rate, which changes based on the product category. For instance, cosmetics worth RMB500 (US$75) ordered through CBEC would be taxed 0% import tariff + VAT at 11.9% (i.e. 70% of applicable VAT rate for cosmetics – 17%) + consumption tax at 21% (i.e. 70% of applicable consumption tax for cosmetics – 30%), thereby, making the total amount equal to RMB664.5 (US$100). In addition to the changes in taxation, the government removed the waiver of custom duty of up to US$7.5 (RMB50) and set a limit of US$302 (RMB2,000) on a single transaction and of US$3,020 (RMB20,000) on purchase by a single person per year. It also released a list (termed as a ‘positive list’) of 1,293 products that were allowed to enter the Chinese market through CBEC. While the goods under the ‘positive list’ are exempted from submitting an import license to customs, few products from this list that come under China Food and Drug Administration (CFDA), such as cosmetics, infant formula, medical devices, health supplements, etc., require registration before import. This entails the same tedious registration or filing requirements required for products imported through the traditional trade channels. This greatly limits the inherent benefits of the CBEC model for these products.

While the government had initially intended and aimed for immediate implementation of these new regulations, protests and pressure from Chinese e-commerce companies and the ultimate objective of promoting the country’s e-commerce sector resulted in the government agreeing to a one-year transitional phase for these rules (which was to end in 2017). However, in September 2017, the government decided to extend the transitional period until the end of 2018 and to set up new trade zones for CBEC, reinforcing its support for the cross-border e-commerce sector. While changes in the regulation do seem to be a certainty in the future, the timeline for their introduction remains ambiguous as several industry analysts anticipate that they may get pushed off again.

Cross Border e-com in China

EOS Perspective

The cross-border e-commerce sector in China has been witnessing exponential growth and despite the looming new regulations, is expected to continue to grow at least over the next five years. While leading e-commerce companies in China (such as Alibaba group and JD group) have acted swiftly to benefit from this growing space, the greatest benefit has been for the foreign players who now have an easy access to Chinese consumers without the need of setting up a shop in the country. However, these benefits may be short-lived considering the new set of regulations. Few product categories such as infant formula, cosmetics, and health supplements (which have in actuality been the most popular categories for CBEC) will be subject to registration and filing requirements, thereby their so-called ‘honeymoon phase’ in the country is likely to end. Although a lot of products do not have to comply with registration/filing requirements and are only subject to a marginal increase in taxes (as per the new rules), this does not guarantee that future regulations will not impact their presence and sales in China. Therefore, while CBEC may be the smartest way for companies to test their products with limited investment in China, they may need a back-up plan in case the government further regularizes the industry to create a level-playing field for the traditional retail.

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Infographic: Wine Industry Expects Healthy Growth in the Midst of Intense Competition and Demand Shifting Eastward

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Winemakers across the globe are not having an easy year. Global wine production is expected to hit a six-decade low in 2017, caused mostly by unfavorable weather conditions (frost and droughts in key European wine producing countries – Italy, France, and Spain, as well as severe fires in California). Even without the weather throwing roadblocks under winemakers’ feet, their line of business is not an easy one, challenged by tough competition, high import tariffs, and shifts in consumer demand. Wine market dynamics are changing, with several emerging trends that affect the way winemakers operate and the focus markets they increasingly cater to.

Global Wine Market

by EOS Intelligence EOS Intelligence No Comments

NAFTA 2.0 – Mexico Left with Little Choice but to Renegotiate, and Fast

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Over the years, NAFTA has been one of the most contentious FTAs that have ever been inked, especially for the USA. While the treaty and its merits (or mostly alleged lack of them) featured in political campaigns of a few previous US presidential candidates, NAFTA’s shape and scope have never been revisited in its many years of existence – until now. Mexico, along with Canada, wishes to maintain the NAFTA as is, however US president Donald Trump has strongly condemned the treaty and, though earlier threatened to walk away from it completely, has agreed to attempt a renegotiation. Any possible changes to the shape of NAFTA might have profound impact especially on Mexico, however, the country has little choice but to renegotiate. Some of the negotiation objectives, such as tougher ‘rules of origin’, can be greatly damaging to Mexico’s several sectors, including the automobile industry. The upcoming elections in Mexico in July 2018 may further complicate matters – if the renegotiations are not completed by then (which is a highly probable scenario), they may be brought to a standstill, especially if the government changes. This presents a great deal of uncertainty for companies that have investments in Mexico.

The North America Free Trade Agreement (NAFTA), which came into force in 1994, removed trade tariffs and duties on most goods for trade between the USA, Mexico, and Canada. While the deal has been mostly considered a positive in Mexico and Canada, its benefits have often been debated in the USA. The main reason behind this remains the high US trade deficit with Mexico (which stood at around US$64 billion in 2016) and the loss of several US manufacturing jobs to the south of the US border.

The NAFTA issue also found itself at the center of Donald Trump’s 2016 presidential campaign, as he called the treaty one of the worst trade deals ever signed by the USA and talked about withdrawing from it once he came to power. Although several previous presidential campaigns also involved talks of renegotiating NAFTA (including campaigns of both Democratic candidates – Barrack Obama and Hilary Clinton, in 2008), none has been as strong-worded as Trump’s campaign. Therefore, with Trump coming to power in 2016, revisiting the 23-year old treaty became largely inevitable.

Chapter 19

Initially threatening to back out from NAFTA, Trump agreed to renegotiations, which according to him would ensure bringing jobs back to the USA. However, a few aspects on the renegotiation agenda are a hard line for Mexico. Firstly, the USA wishes to eliminate Chapter 19 of the treaty, which encompasses a dispute settlement mechanism wherein dispute resolution (in cases such as anti-dumping and countervailing duty disagreements) is undertaken by independent and binational panels instead of domestic courts. This prevents NAFTA countries from putting unfair duties on products from other NAFTA countries to protect their own industries. While the USA is trying to disregard this clause, Mexico is largely opposing it, as without Chapter 19, it would become much easier for the USA to implement protectionist policies and duties that would inherently threaten free trade. However, Mexico is not alone in pushing back this change as Canada also strongly opposes any change in the dispute settlement mechanism.

Impact of NAFTA on Mexico

NAFTA Minimum Wage

Another negotiation objective (where Canada stands in support of the USA), is to incorporate some kind of standardization for trade-related labor issues and wages, by introducing a minimum wage across the three NAFTA participants. This will be greatly damaging for Mexico, which has for long benefited from lower wage rates that have incentivized several industries, such as automobiles, to shift base to Mexico to reduce costs and maximize profits. Stating that wage-related policies are an internal matter, Mexico has strongly opposed any such amendments and may make this a non-negotiable aspect.

Rules of Origin

However, one of the most dampening renegotiation objectives, especially for Mexico and in particular for its the automobile industry, are the restrictive changes to the rules of origin. As per the current NAFTA rules, for a car to qualify for a tariff-free entry in the NAFTA region, 62.5% of the value of the car must have originated in NAFTA countries. Thus, over the years, automobile manufactures have perfected their value chains, wherein auto components such as body-works, engines, gear panels, etc., are manufactured in various parts of NAFTA countries, and then assembled in another part of the region, to attain greatest benefits in terms of costs and quality. However, the current US administration is proposing changes to these rules, which may wash away a great deal of efficiencies and synergies attained by global automobile manufacturers under the current rules. As per the proposal, the US government aims to increase the US content in the finished vehicles to 50% for these products to attain tariff-free entry into the USA. In addition to going against the basic fabric of a free-trade agreement, this will jeopardize the competitiveness of the North American auto industry, which has greatly depended on integrated supply chains that also have deep roots in Mexico. This definitely spells bad news for Mexico, as the economy has significantly benefited from investments made by global automobile manufacturers in the country.

Moreover, apart from increasing the share of US content requirement to 50%, the US administration has also proposed raising the regional content requirement for NAFTA to 85% as against the current 62.5%. While this may seem to be a positive amendment for the region in general, analysts call it largely counter-productive as not all components can be competitively sourced from the North American region. If brought into action, automobile companies would have to spend huge sums to try to source/produce most components in the North American region at competitive prices. However, if they fail to accomplish that (which is quite likely) and as a result are unsuccessful in qualifying for tariff-free entry into NAFTA, they would shift to suppliers outside NAFTA and pay WTO tariff of 2.5% to access the North American market (which they will pass onto the consumers). Such developments might mean that by increasing regional content requirements, the region may end up pushing automobile players away from the region rather than encouraging them to continue and intensify their operations. This will be catastrophic not only for the Mexican automobile sector, but also for the US and Canadian auto market. To make matters tougher, the new proposal asks for technology-based automotive parts, electric vehicle batteries, etc., that are currently not included in the origin tracing list (as they did not exist when the NAFTA was originally negotiated). Most of these products are now sourced from Asian markets.

Due to the US president’s known cold sentiment towards NAFTA, the onus of ensuring the treaty remains unterminated is on Mexico and Canada. While Mexico (along with Canada) has previously mentioned that the American demands to change the rules of origin are unworkable with and unacceptable, the Mexican government is working on a compromise proposal to toughen the rules of origin clause in hope to meet the USA somewhere half-way. As per the proposal, Mexico is willing to accept the extensive tracing list and is also willing to negotiate on the 85% North American content requirement in exchange for the USA withdrawing from the 50% US content provision. The tracing list proposal will be drawn in a manner ensuring that low-cost technology-based components that are currently sourced from Asian countries would be sourced from within North America, especially Mexico. However, the proposal, which is not finalized yet, is not expected to be presented in the current (fifth) round of talks.

Sunset Clause

Mexico and Canada’s openness to negotiate can also be gauged by their willingness to work around the sunset clause proposed by the US administration during the fourth round of negotiations. As per the proposed clause, the treaty will expire every five years unless the member countries agree to keep it in place. While the remaining two parties refused to accept this clause when proposed, they have softened their stance on the matter during the current negotiations and counter-proposed a five-yearly review system. This showcases Mexico and Canada’s keen desire to ensure NAFTA is preserved and their willingness to work around USA’s fixed stance. While the review proposal may be a better option compared with the sunset clause, purely from a business or investment point of view, it still leaves room for a great amount of uncertainty for companies looking to invest, as five-year horizon is too short for several heavy-investment industries such as automobiles.

2018 Mexican Elections

Lastly, it is extremely critical that the negotiations are completed by the set date of March 2018 as any delay will result in their overlap with the 2018 Mexican elections and that will further complicate the matters. NAFTA has not only been instrumental in providing Mexico with economic stability, but has also played a significant political role, especially in terms of economic policy. The basic framework of the treaty has ensured protection for investments and, to an extent, economic equity as over the years it restricted the government from granting protections, incentives, and subsidies to a set of companies or industries, while discriminating against others. The termination of NAFTA would allow the future government to modify the current economic framework of the country, and this will directly impact Mexico’s attractiveness as an investment destination. This becomes all the more relevant in case the leftist candidate, Lopez Obrador, comes to power in 2018.

Mexico’s Contingency Plans

While Mexico is certainly hopeful and is working towards retaining the NAFTA, it is not putting all its eggs in that one basket alone. Mexican government is looking at deepening Mexico’s ties globally and reducing its dependence on the USA. Mexico is currently negotiating with the EU to modernize its existing FTA which is expected to be completed by the end of 2017. Moreover, it is looking at Argentina and Brazil as alternative sources of agricultural imports to replace those from the USA. In a similar move, Mexico’s foreign minister, Luis Videgaray, met with his Russian counterpart in Mexico to discuss Mexico’s openness to do business with nations other than the USA. In November 2017, Mexico participated in a meeting of the nations that were formerly a part of the Trans-Pacific Partnership (TPP), which ceased to exist in its previous form in early 2017 (we talked about it in our article TPP 2.0 – Minus the USA in May 2017). This meeting resulted in an official announcement that the TPP nations will negotiate a new deal, without the USA, and that it will be called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The creation of CPTPP will provide a much-needed cushion to Mexico’s automobile industry in case NAFTA fails. Also, in case NAFTA toughens its rules of origin but the CPTPP relaxes them, Mexico may continue to be part of the global automobile supply chain (this time in combination with CPTPP members such as Japan, Canada, and Chile – instead of the USA).

EOS Perspective

It is safe to say that Mexico and its automobile industry have a lot riding on the NAFTA negotiations. While Mexico along with Canada are working hard to ensure NAFTA stays, US president’s tough stand on several aspects and his willingness to walk out of the deal in case his demands are not met, complicate the negotiations greatly. It is uncertain how the situation is going to develop, and even if NAFTA continues, new provisions that might find their way into the revised treaty may not offer a great deal of benefits for companies to invest and for intra-regional trade to flourish.

The pressure of upcoming elections in Mexico in 2018 makes the situation even tighter. If the negotiations are not completed before the elections, all progress made up till then can easily go in vain in the event of the government change. Therefore, companies are extremely cautious about investing/expanding in Mexico at the moment, and are likely to wait at least up till mid-next year. They may find respite in the fact that the Mexican government is trying to do its best – both in terms of being flexible during negotiations as well as diversifying its export markets and import sources – but this respite might just not be enough to ease investors’ minds and businesses’ worries over the operating and trade environment within the North American region.

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