Taking On EU Dairy Malfeasance is Welcome — and Long Overdue

President Trump’s tariff measures toward trading partners across the world sends a clear signal to trading partners: The United States is no longer going to stand for shenanigans that lead to unlevel playing fields. That’s especially true in dairy. And within dairy, the European Union stands apart as an example of shenanigans in action. If the president’s tariffs spur the negotiations that place their policies within the realm of reality and fairness, the effort will be worthwhile.

American farmers have long voiced their concerns about the unfairness of the EU’s agricultural trade policies, arguing that these policies create significant challenges for them in the global marketplace. Some facts: In 1980, the US exported $12 billion in agricultural products to the 27 current members of the European Union. That $12 billion was the high-water mark until 2023. We’ve gone almost 45 years bouncing in a range of between $6 billion and $12 billion annually to the European Union — accounting for zero export growth since the Carter administration. Meanwhile, the trade deficit in agricultural products is growing, and gaping: $23.6 billion at last count.

Now look at dairy trade. The U.S. imports $3 billion in dairy from the European Union — and exports $167 million. We export more cheese to New Zealand, a major dairy exporter with a population of 5 million people — or roughly the same population as Ireland, Slovakia or Norway.

That’s pathetic.

Why do we have that gap, and how do we close it?

From more than 30 years of dealing with EU agriculture, the answer to the first part is simply this: The EU is reflexively protectionist in agriculture. The U.S. “beef hormone” case against the EU, which dates to the 1980s, is a classic example: The U.S. won.  The EU has never complied.

The EU Farm to Fork Initiative, all the certification requirements and protocols, everything that requires processes in the EU, all of it is designed to keep ag imports out. The EU approach to common cheese names like “parmesan” — making it impossible for Americans to sell their products as what they actually are — is a crowning example of the creative, and inappropriate, use of non-tariff barriers to protect their market.

And none of that even touches on the subsidies the Europeans lavish on their farmers, and the schemes they use to push their products at low prices on global markets, ensuring that U.S. farmers repeatedly struggle with unfair competition as they build their own relationships via high-quality, affordable products.

Any effort to close this gap is long overdue; the Trump administration’s strategy starts this process and squarely puts the focus — and the pressure — where it should be: On Brussels, which has artificially created this lopsided trade imbalance and needs to take tangible steps to level the playing field.

In my three decades of experience, the European Union has proven impossible to deal with in agriculture — but if the president stays steady and forceful on EU tariffs, we may finally get their attention. We have no problem with the president hiking tariffs on EU imports higher to drive them to the table — the current ones are a bargain for the EU, considering the highly restrictive barriers the EU imposes on our dairy exporters. And if Europe retaliates against the United States, the administration should respond swiftly and strongly in kind by raising tariffs yet further on European cheeses and butter.

Much has been written about the president’s aggressive stances toward traditional allies such as the EU, questioning the wisdom of taking on our “friends.” But with friends like these, who needs enemies? Relationships are reciprocal, and fairness is the foundation of goodwill. There has been no fairness from the EU toward American farmers — for decades.

All that said, hope remains that American dairy can finally make real progress through productive negotiations. This administration can help achieve a level playing field for U.S. dairy producers by tackling the EU’s numerous tariff and nontariff trade barriers that bog down our exports. It can create a brighter future for U.S. dairy trade — and build hope among farmers who know that the administration is listening to them, and now the world as well.

As the administration moves forward with negotiations, we’re hoping for swiftly negotiated, constructive outcomes. We will do whatever we can to help break this decades-old logjam that has hurt U.S. farmers and consumers on both sides of the Atlantic. The field is wide open, and we are poised for progress.


Gregg Doud

President & CEO, NMPF

 

NMPF Talks Trade and Collaboration with EU

NMPF staff met with European Union government officials and agriculture groups on April 8 as part of the U.S.-EU Collaboration Platform on Agriculture. The forum was launched by Secretary Tom Vilsack and EU Agriculture Commissioner Janusz Wojciechowski in 2021 to strengthen the relationship between the two industries and discussing best practices to collaboratively address shared challenges.

The meeting kicked off with a series of panel discussions. NMPF executive vice president for trade policy and global affairs Shawna Morris spoke on a panel entitled “The Future of the Livestock Sector: Pressures and Opportunities.” Morris underscored the U.S. dairy sector’s long-standing leadership on animal care through NMPF’s FARM program and ongoing work to reduce greenhouse gas emissions, led by the Innovation Center for U.S. Dairy.

Given the European Union’s tendency to impose burdensome regulations on its trading partners, Morris emphasized the importance of incentive-based policies, as opposed to counter-productive, prescriptive rules, particularly around climate and consumer preferences.

Following the conference, Morris participated in a subsequent discussion with EU Agriculture Ministry officials at an event organized by the U.S. Food and Agriculture Dialogue for Trade at the European Union’s embassy.

NMPF Works to Resolve EU Certification Barrier

As a result of significant advocacy and technical engagement by NMPF in collaboration with USDEC August yielded two major milestones in NMPF’s year-long work with the U.S. government to preserve workable access opportunities for U.S. dairy exports requiring EU certification.

NMPF met Aug. 3 with a broad U.S. interagency team regarding the U.S. government’s plan on implementing the new EU certificates. That meeting provided critical clarifications on the extent of the new requirements and – most importantly – reassurances that the process would not impose new burdens on U.S. dairy farmers and processors. USDA on Aug. 13 then published a summary of that information, outlining that the new EU certification process would simply entail verification that the milk used was either regulated as Grade “A” or under AMS’s milk for manufacturing program.

That announcement resolved the crux of the concern – whether the U.S. would be able to implement the new EU certificates in a non-burdensome manner. The hard-won victory followed months of painstaking discussions between U.S. and EU officials regarding the strength of the U.S. dairy system and the upheaval that would unfold from either upending trade or imposing onerous new requirements on U.S. dairy This recognition that the U.S. dairy regulatory reliably produces safe products that meet the underlying goals of EU regulations even though implementation differs is precisely what NMPF had hoped to see achieved with the EU and had advocated for throughout the past year.

That breakthrough on core issues was complemented by an Aug. 12 announcement that would delay implementation of the new requirements from Aug. 21 to Jan. 15. Throughout 2021, NMPF advocated strongly both for a workable resolution to the new EU requirements and for more time to implement them.

The extension will enable USDA to ensure that the AMS Dairy Program will have its new electronic Agriculture Trade Licensing and Attestation Solution (ATLAS) system ready to be used by U.S. dairy exporters to complete the EU’s new certificates by the time they are required on Jan. 15. NMPF continues to work with the U.S. government to help ensure for a smooth transition and will closely continue to monitor implementation of the new certification program to make sure it works as advertised.

NMPF Tackles EU Certification Issues

The European Commission announced proposed new certification requirements in July 2020 for a wide range of food products, including dairy, adding confusing and vague requirements that threaten to upend U.S.-EU dairy trade if left unremedied.

Since then, NMPF has been working closely with the U.S. Dairy Export Council on extensive efforts to partner with the U.S. government in seeking a successful resolution that rejects unreasonable EU documentation requests and preserves access to the EU market. On April 16, NMPF and USDEC sent a letter to USDA Secretary Vilsack and USTR Tai asking for enhanced engagement to secure a workable solution, underscoring the critical importance of preserving access to the EU market for U.S. dairy products and processed products that contain dairy.

Two sets of new requirements have posed concerns: revised import certificates for dairy products, and new certification requirements and importer attestation mandates for “composite products,” which are processed food products that contain ingredients both of animal and plant origin.

One earlier result of these efforts was the European Commission’s decision to delay the implementation date for use of both dairy and composite product certificates from April 21 to Aug. 20. This extension provided more time for U.S. government negotiations with the EU to address the remaining issues. The EU on April 19 also issued an important clarification for the new importer attestations for composite products to now allow for the use of pasteurized dairy ingredients from the United States in the production of those products. NMPF believes this should allow U.S. exports of these products to continue. Work continues on the remaining product areas.

NMPF and USDEC continue to hold regular discussions with federal officials about these issues to ensure that dairy certificates remain a priority for resolution in the U.S.  government’s engagement with the EU.