한-EU FTA 주요쟁점 － 원산지 규정과 무역에 대한 기술장벽을 중심으로

Abstract

European Union(EU) has been one of the most important trade partners for Korea. EU ranked 2nd biggest partner for Korea in terms of trade volume in 2006. Korea-EU FTA is expected to strengthen both Parties’s economic relationship. This paper is to review legal issues in Korea-EU FTA, particularly focusing on Technical Barriers to Trade(TBT) and Rules of Origin(ROO). With regard to TBT, outstanding issues include standards on automobiles, requirements on emissions of vehicles, and regulations on chemicals(REACH). These requirements and regulations are regarded as trade barriers on one hand and also regarded as necessary measures to protect peoples’ health and safety and environment on the other. Therefore, it is desirable to seek a way to harmonize both goals. One possible way is to allow more time for exporters to comply with the requirements. Mutual recognition on each Party’s standards can be also considered to be an option. As to ROO, key issues are conferring origin status on products from Kaesong Industrial Complex(KIC) and establishing Product Specific Rules of Origin(PSR). In other FTAs that Korea has concluded with other countries, Korea has successfully inserted provisions on KIC allowing preferential tariff treatment on products manufactured in KIC. In order to get political support in Congress, KIC issue should be reflected in Korea-EU FTA. Product Specific Rules of origin(PSR) is also an important issue in ROO negotiation. EU’s position on PSR is to have restrictive ROO requiring high level of regional contents. Since EU’s requirements prevent Korea’s major export items to EU such as steel, chemical products, machinery and electrical Equipments, Korea might not accommodate EU’s position. Considering that the purpose of FTA is to facilitate trade between the Parties, ROO should provide optional rules for exports to satisfy the requirements. Restrictive ROO may also hinder enterprises’ global sourcing trend.