On 14 April, the think tank Europe Jacques Delors published a policy paper on the possibility of establishing mirror clauses on European imports of agri-food products. France puts forward this idea on a regular basis (see EUROPE 12785/5). Such measures would require production standards equivalent to European standards to be applied on imported agri-food products.
According to the Europe Jacques Delors, such unilateral measures—which would apply to all trading partners—would be more realistic and more effective than negotiating clauses on a case-by-case basis in trade agreements.
Mirror clauses appear to be contrary to the World Trade Organization (WTO) agreements, which prohibit forms of discrimination as well as trade barriers. Nevertheless, the authors of the policy paper outline ways in which they could be introduced.
It is more difficult to impose standards to protect animal welfare and the environment than measures to protect human or animal life. According to the authors, “public morals exception[s]” (provided for in the General Agreement on Tariffs and Trade (GATT) or “protecting a common good that also affects the EU” could, however, be invoked to justify clauses on animal welfare or environmental protection.
See the policy paper: https://aeur.eu/f/1a7 (Original version in French by Léa Marchal)