Guidance

CPTPP General Review: factual summary of responses during the public engagement period

Published 29 November 2024

The CPTPP General Review

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) agreement text (article 27.2) contains a commitment to undertake a review of the ‘economic relationship and partnership among the parties’ within 3 years of the date of entry into force of the agreement, and then at least every 5 years thereafter. 

This commitment is being taken forward through a General Review, which began in spring 2024 following agreement of the terms of reference by CPTPP ministers in November 2023.

As set out in the terms of reference, the objectives of the General Review are to:

• review the operation of the CPTPP to ensure the disciplines contained in the agreement remain relevant to the trade and investment issues and challenges confronting the members
• identify provisions that would benefit from revision or updating, and the potential for the development of new provisions or chapters
• review the operation of the CPTPP with a view to identifying ways to facilitate maximum utilisation of the CPTPP by traders and investors and to improve the uptake of the agreement
• ensure the agreement remains of the highest possible standard

Any changes or extensions to the agreement flowing from the review process will require consensus amongst all parties. 

Questions posed

During the public engagement period, the UK government sought public views on the CPTPP General Review, through the following questions.

1. Which areas of the current CPTPP agreement should the UK government seek to keep the same through the CPTPP General Review?
2. Based on your selection(s) in the previous question, please provide further detail on why you think the UK government should seek to keep these areas the same.
3. Which areas of the CPTPP agreement should the UK government seek to change or improve through the CPTPP General Review in line with the highest standard international trading practices?
4. For each area selected in the previous question, please explain why and/or how you think the government should seek to change or improve these areas during negotiations.

Respondents were also permitted to upload their own evidence instead of completing the questionnaire.

The overview of responses in this factual summary reflects the answers to the questions and the relevant comments provided as part of the uploaded evidence. Unless indicated, the details in the following summary represent a singular comment on that topic.

The public engagement period

The UK’s public engagement period for the CPTPP General Review ran from 11 January to 22 February 2024. During that period, 37 complete responses were received.

The responses received were from businesses, trade bodies and non-governmental organisations (NGOs), as well as public sector organisations and individuals.

Businesses submitted 36% of the total number of complete responses, BROs submitted 28%, NGOs submitted 28%, individuals submitted 5% and PSBs submitted 3%.

*NGO and BRO recorded as self-reported.

BRO – Business Representative Organisation

PSB – Public Sector Body

NGO – Non-Governmental Organisation

Summary of responses

This section summarises the detailed responses by theme and collates the overall responses according to chapter.

Table 1 displays the responses to questions 1 and 3. Where respondents did not click the check boxes for keep or change, these have been added to the table based on their uploaded or text submissions, providing the total number of responses received on that chapter. To complete the questionnaire, respondents did not have to assign a view as to keep or change for all chapters and this is why total responses in this section of the factual summary of results do not equate to 37.

These views do not reflect those of the UK government or any future actions that will be taken.

Furthermore, this factual summary only denotes views that were collected as part of this public engagement period.

Table 1: responses to questions 1 and 3

Agreement chapter	Number of respondents selected to keep the chapter the same	Number of respondents selected to amend the chapter
1. Initial Provisions and General Definitions	4	0
2. National Treatment and Market Access for Goods	5	3
3. Rules of Origin and Origin Procedures	4	3
4. Textile and Apparel Goods	5	0
5. Customs Administration and Trade Facilitation	4	2
6. Trade Remedies	5	1
7. Sanitary and Phytosanitary Measures	6	4
8. Technical Barriers to Trade	5	6
9. Investment	2	5
10. Cross-Border Trade in Services	5	6
11. Financial Services	3	3
12. Temporary Entry for Business Persons	2	6
13. Telecommunications	5	0
14. Electronic Commerce	4	7
15. Government Procurement	3	1
16. Competition Policy	3	0
17. State-Owned Enterprises and Designated Monopolies	3	0
18. Intellectual Property	5	4
19. Labour	4	5
20. Environment	4	11
21. Cooperation and Capacity Building	3	1
22. Competitiveness and Business Facilitation	3	1
23. Development	5	3
24. Small and Medium-Sized Businesses	2	1
25. Regulatory Coherence	3	1
26. Transparency and Anti-Corruption	3	0
27. Administrative and Institutional Provisions	3	0
28. Dispute Settlement	4	1
29. Exceptions and General Provisions	3	1
30. Final Provisions	3	0

Detailed responses

Implementation and utilisation of the agreement

1.1 Four respondents respectively advised that the UK uses the General Review and the CPTPP as a platform for more international and regional engagement regarding alcoholic beverages, the automotive industry, digital services more broadly, and to enshrine high international standards across all elements of the agreement.

1.2 One respondent noted that CPTPP is recognised as a well-functioning agreement committed to high standards and asked that its existing elements be preserved as a baseline. Another noted that progress could be made to make the agreement more modern, particularly with regards to standards.

1.3 One respondent asked the UK not to accede to the CPTPP. Another asked the UK to complete its accession to the agreement quickly, with a third calling for the government to maximise implementation of the existing agreement. 

1.4 One respondent was keen to see how implementation of the agreement in the UK unfolds before making any major changes to the agreement.

International supply chains and rules of origin

2.1 One respondent asked that the General Review considers beneficial rules on accumulation to support regional supply chains, including the consideration of diagonal cumulation. They also highlighted that rules of origin (RoO) should not be too complex to ensure compliance is straightforward, with the thresholds for non-originating content set as high as possible for the inclusion of developing countries.

2.2 One respondent acknowledged the potential benefits of CPTPP cumulation but argued that for companies without significant input from CPTPP countries, meeting CPTPP RoO will be challenging without investment in the UK to increase domestic content in manufacturing sectors.

2.3 One respondent felt that the RoO for electronic products were appropriate, but called for the UK to continue to review the RoO rules for electronic products to ensure tariffs remain low or are removed. Another respondent felt that RoO for fisheries will be beneficial to the seafood processing sector.

2.4 One respondent acknowledged the potential benefits of self-certification in CPTPP but requested that the CPTPP does not force traders to declare the specific origin methodology used to claim preferential treatment. 

2.5 One respondent suggested that a dedicated chapter on critical minerals and supply chain resilience including sustainable practices and green energy would be a worthy addition to the CPTPP agreement text.

2.6 One respondent expressed concerns that RoO within CPTPP would lead to UK production being offshored, making it more difficult for UK exports to the EU to meet the EU’s own RoO.

Customs

3.1 One respondent called for the CPTPP to consider minimising the burden of customs procedures on imports and exports between members. 

3.2 One respondent would like the CPTPP to maintain the Customs Administration and Trade Facilitation chapter, noting that CPTPP could serve as an umbrella regional agreement to encourage the mutual recognition of compatible Authorised Economic Operator (AEO) programmes amongst CPTPP parties. 

Trade remedies

4.1 One respondent raised concerns about the risk of trade dumping, including manufactured goods being routed via CPTPP members to avoid trade remedies.

4.2 One respondent called for changes to the Trade Remedies chapter, including enhanced notification and transparency requirements, and clarification on the implementation of transitional safeguards.

Sanitary and phytosanitary measures (SPS)

5.1 Two respondents noted that the UK has demonstrated that it complies with the SPS measures in CPTPP and called for the SPS chapter to not be re-opened. 

5.2 Two respondents felt that CPTPP accepts lower standards for food safety and antimicrobial resistance, with one calling for changes to the SPS chapter in response.

5.3 One respondent suggested that the equivalence mechanism within CPTPP could have a positive impact in reducing trade barriers.

Technical Barriers to Trade (TBT)

6.1 Five respondents believed that approaches to regulation should be as similar as possible across the CPTPP membership and advocated that UK standards should be respected as high standards, whether that be in cosmetics, product safety, food safety or agriculture.

6.2 Two respondents pushed for mutually recognised qualifications, with engineering being cited as an important sector for this intervention.

6.3 Two respondents asked for CPTPP to endorse ‘lot code protection’ as an effort to tackle illicit trade, particularly in food and drink.

6.4 One respondent noted that the TBT chapter provides robust foundations for international best practice but noted that the issuance of good manufacturing practice (GMP) certificates could be reviewed, as they view these as costly and restrictive.

6.5 One respondent called for the UK to focus on implementing the current TBT chapter provisions.

6.6 One respondent called for the UK to identify opportunities to incorporate AI standards-related issues.

6.7 One respondent called for the UK to work with like-minded members of CPTPP to strengthen and modernise Annex 8-A, on wines and spirits. They also asked to pursue provisions on e-labelling, whiskey definitions and statements of quality. 

6.8 One respondent argued that it would welcome provisions in Annex 8-A that reaffirm the well-established principles of non-discrimination for like products, including alcoholic products.

Investment

7.1 Four respondents raised concerns about the presence of Investor-State Dispute Settlement (ISDS) in CPTPP and called for its removal.

7.2 One respondent said that they wanted no regression on the commitments in the Investment chapter.

Services

8.1 Two respondents requested that there be a positive list rather than a negative list approach towards services listing.  

8.2 Two respondents supported the establishment of a professional services working group.

8.3 Two respondents called for changes to allow lawyers to be able to practise more easily in CPTPP countries, and another called for changes to liberalise environmental services.

8.4 One respondent called for the UK to encourage members to build on the existing services provisions and seek consensus for a more ambitious and liberal agreement.

8.5 One respondent supported the creation of a committee tasked with oversight of the implementation of the services chapter.

8.6 One respondent requested that more concrete language in the CPTPP agreement’s text should be included to progress the liberalisation of trade in legal services.  

8.7 One respondent called for CPTPP countries to consider updating their services schedules to include FTA best practice to improve the overall quality of market access provided under CPTPP, and incorporate any additional provisions contained in the WTO Agreement on Domestic Regulation for Services.

Financial services

9.1 Three respondents requested that financial services be incorporated into the existing CPTPP data localisation rules.

Temporary entry

10.1 Six respondents stated that the UK should push for further liberalisation on temporary entry of business persons, with one calling for a relaxation of visa requirements to facilitate the provision of services under Mode 4, as well as further liberalisation of the rules around short-term business visitors and intra-corporate transferees. Another called for increased digital labour mobility.

10.2 Four respondents called for CPTPP parties to fully implement the chapter, with two noting that the chapter provides for the creation of a committee tasked with oversight of the implementation of the chapter.

Technology, digital and e-commerce

11.1 Four respondents were keen to see a review of whether the e-commerce chapter is still fit for purpose, particularly in light of more recent international agreements such as the UK-Singapore Digital Economy Agreement, the Digital Economy Partnership Agreement (DEPA) between New Zealand, Chile and Singapore and ongoing World Trade Organization (WTO) negotiations on the Joint Initiative on E-Commerce. 

11.2 Four respondents supported maintaining or increasing the scope of these provisions, while two respondents questioned the impact existing provisions could have on data protection.

11.3 Four respondents wished for the CPTPP to enshrine digital labelling and e-labelling, and simplify border procedures, while one respondent asked that any digital service requirements do not exclude providers in developing countries from participating in global supply chains.

11.4 Two respondents emphasised the need to guard against data localisation as local providers do not provide the same level of service as global suppliers, suggesting that this will enable more and better service delivery in fields such as (re)insurance.

11.5 Two respondents stated that the CPTPP can go further in generating uniformity than bilateral trade agreements in areas such as cloud computing, intermediary liability, Artificial Intelligence (AI) and to create a market for clean technology.

11.6 One respondent stated that the CPTPP should reflect UK tech policy in fields such as fintech, payments interoperability and pilot projects to simplify border procedures.

Intellectual property (IP)

12.1 Two respondents asked that the UK’s position with respect to the grace period provision in CPTPP be maintained. One respondent also welcomed the focus to promote substantive patent law harmonisation but made it clear that the maintenance of the UK position on a grace period for patents was essential until global harmonisation could be achieved.

12.2 Two respondents raised concerns that there is limited protection for Geographical Indicators (GIs) in the IP chapter and asked for protections to be strengthened.

12.3 One respondent advocated that the CPTPP suspends provisions relating to the ‘Farm Saved Seed (FSS) UP0V91’ register. 

12.4 One respondent raised concerns that the provisions on IP rights in CPTPP could pose a barrier to technology transfer.

Labour

13.1 Three respondents wanted to further strengthen the existing provisions in the Labour chapter, including allowing trade unions to bring complaints under the Labour chapter, and requiring all CPTPP members to have ratified the International Labour Organization (ILO) conventions. These respondents also called for enforcement of the chapter to be improved.

Environment

14.1 Seven respondents noted that there is no specific mention of climate change or climate impacts in the Environment chapter and called for the UK to review this as part of discussions on the General Review. One respondent stated that there should not be any mention of climate change in the agreement.

14.2 Six respondents called for enforcement of provisions within the Environment chapter. It was requested that the CPTPP becomes a more effective and binding trade agreement that strengthens its members’ environmental obligations.

14.3 One respondent highlighted deforestation with a focus on the production of palm oil and the related supply chains as a specific issue to tackle through the agreement.

14.4 One respondent suggested that the CPTPP should link enhanced market access with sustainable production of commodities.

14.5 One respondent underscored the positive linkages between services trade and environmental protection and argued that liberalisation of environmental services would contribute to an economically sustainable recovery from the pandemic, in particular, environmental services related to consulting, engineering and architecture.

Development

15.1 One respondent raised the impact of CPTPP on Developing Countries Trading Schemes and Economic Partnership Agreements (EPAs), due to concerns around preference erosion for certain goods produced by developing countries.

Small and medium-sized businesses

16.1 One respondent asked the government to consider how the CPTPP could promote Small and Medium-sized Enterprise (SME) participation in digital trade.

Regulatory coherence

17.1 One respondent called for the UK to encourage a more consistent approach to regulatory requirements for cross-border trade across the membership.

 Agriculture and food and drink

18.1 Two respondents believed that animal welfare should be explicitly mentioned in the agreement text and high UK animal welfare standards should be endorsed across the agreement.

18.2 One respondent raised concerns that the UK’s accession to CPTPP could undermine the UK’s high animal welfare standards, particularly with regards to eggs and pork.

Automotive

19.1 One respondent recommended that a specific annex on automotive products be included in the CPTPP agreement text.

19.2 One respondent requested that the phase-out of automotive related tariffs be maintained without further modifications.

Future CPTPP accessions

20.1 One respondent raised concerns about China’s application to join the CPTPP, stating that imports from China could distort the market through cheaper imports of materials such as ceramics, glass and steel.

Innovation

21.1 Two respondents called for an Innovation chapter or dialogue to be added to the agreement text. This could encourage collaboration between governments and other bodies on innovation and regulation and support the commercialisation of emerging technologies.

21.2 Two respondents mentioned the need to be able to react to changes as technology and trade evolves using AI as a potential example.

Gender

22.1 One respondent stated that aside from reaffirmation language in the preamble, the CPTPP agreement does not include specific provisions to support gender equality, and the respondent would like to see this addressed in the CPTPP.

Next steps

The responses received during this public engagement period have informed, and will continue to inform, the UK government’s engagement with CPTPP members in the CPTPP General Review, including discussions on specific chapters and issues. They will also inform the government’s ongoing engagement in regular CPTPP committees, where relevant.

Progress with the General Review was discussed by ministers from CPTPP members during their annual CPTPP Commission meeting in Vancouver on 27 to 28 November 2024. Work on the General Review will continue into 2025.

Other routes are available to provide feedback about interest in and experience with CPTPP. You can report a trade barrier and share your specific experience and insight with the Export Digital Enquiry Service.