Activities of Peter van DALEN related to 2021/0297(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on applying a generalised scheme of tariff preferences and repealing Regulation (EU) No 978/2012 of the European Parliament and of the Council
Amendments (16)
Amendment 35 #
Proposal for a regulation
Recital 11
Recital 11
(11) The special incentive arrangement for sustainable development and good governance (GSP+) is based on the integral concept of sustainable development, as recognised by international conventions and instruments such as the 1986 UN Declaration on the Right to Development, the 1992 Rio Declaration on Environment and Development, the 1998 International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, the 2000 UN Millennium Declaration, the 2002 Johannesburg Declaration on Sustainable Development, the ILO Centenary Declaration for the Future of Work of 2019, the Outcome Document of the UN Summit on Sustainable Development of 2015 "Transforming Our World: the 2030 Agenda for Sustainable Development", the UN Guiding Principles on Business and Human Rights, and the Paris Agreement on Climate Change under the UN Framework Convention on Climate Change. Consequently, the additional tariff preferences provided for under the special incentive arrangement for sustainable development and good governance should be granted to those developing countries which, due to a lack of diversification, are economically vulnerable, have ratified core international conventions on human and labour rights, climate and environmental protection and good governance, and commit to ensuring the effective implementation thereof. The special incentive arrangement for sustainable development and good governance should help those countries to assume the additional responsibilities resulting from the ratification and effective implementation of these conventions. The list of conventions relevant for GSP should be updated to better reflect the evolution of core international instruments and standards and take a proactive approach to sustainable development in keeping with the Sustainable Development Goals and Agenda 203018 . In this regard, the following conventions are added: the Paris Agreement on Climate Change (2015) – replacing the Kyoto Protocol; the Convention on the Rights of Persons with Disabilities (CRPD); the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OP-CRC-AC); ILO Convention No 81 on Labour Inspection; ILO Convention No 144 on Tripartite Consultation; and the UN Convention against Transnational Organized Crime and the First Optional Protocol to the International Covenant on Civil and Political Rights. _________________ 18United Nations (2015). Resolution adopted by the General Assembly on 25 September 2015, Transforming our World: the Agenda 2030 for Sustainable Development (A/RES/70/1), available at: https://sustainabledevelopment.un.org/post 2015/transformingourworld
Amendment 41 #
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin and destination of migrants and contribute to their sustainable development needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin and destination countries. In this respect, it is essential for both origin and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity and that their human rights are fully respected.
Amendment 44 #
Proposal for a regulation
Recital 27
Recital 27
(27) Return, readmission and reintegration are a common challenge for the Union and its partners. In particular, every State has the obligation to readmit its own nationals under international customary law, and multilateral international conventions such as the Convention on International Civil Aviation signed in Chicago on 7 December 1944. Improving the living conditions and resilience to global challenges to mitigate the need for migration must be encouraged, as this would lead to improved sustainable reintegration and capacity building, which would significantly strengthen the local development in the partner countries.
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11 a) ‘serious and systematic violation’ means widespread and systematic human rights violations or abuses that are of serious concern as regards the objectives of the common foreign and security policy set out in Article 21 TEU. Indicators to determine whether such serious and systematic violations have occurred should include, amongst others: (i) Rulings and opinions by international human rights courts; (ii) Establishment and findings of commissions of inquiry, fact-finding missions, special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly or by other regional intergovernmental bodies; (iii) Findings by the Office of the UN High Commissioner for Human Rights, UN Special Procedures, or other UN independent human rights experts;
Amendment 62 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) it gives a binding undertaking to maintain ratification of the relevant conventions and to ensure the effective implementation thereof, accompanied by a plan of action for the effective implementation of the relevant conventions; that shall be approved by the Commission in consultation with the European Parliament;
Amendment 64 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(d a) it accepts that the plan of action referred to in point (d) is public and includes a roadmap with clear benchmarks and deadlines
Amendment 76 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. For the purpose of paragraph 1, the Commission shall also inquire the views of the European Parliament as expressed by its competent committees and through the relevant resolutions adopted during plenaries.
Amendment 85 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – introductory part
Article 14 – paragraph 2 – point b – introductory part
(b) the Commission's and where appropriate the European External Action Service’s conclusions on whether each GSP+ beneficiary country respects its binding undertakings to comply with reporting obligations, to cooperate with relevant monitoring bodies in accordance with the relevant conventions and to ensure the effective implementation thereof;, and
Amendment 87 #
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(b a) a copy of the scorecard that the Commission has evaluated with the beneficiary country
Amendment 89 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In drawing their conclusions concerning effective implementation of the relevant conventions, the Commission and where appropriate the European External Action Service shall assess the conclusions and recommendations of the relevant monitoring bodies, as well as, without prejudice to other sources, information submitted by the European Parliament or the Council as well as third parties, including. It shall also request the opinion of the European Parliament and the Council, and shall assess, without prejudice to other sources, information submitted by third parties, including complaints submitted through the Single Entry Point, such as governments and international organisations, civil society, and social partners.
Amendment 92 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, either on the basis of the conclusions of the report referred to in Article 14 or on the basis of the evidence available, including evidence submitted by the European Parliament through its competent committees and through the relevant resolutions adopted during plenaries, and evidence submitted through a complaint, the Commission has a reasonable doubt that a particular GSP+ beneficiary country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), or has formulated a reservation which is prohibited by any of the relevant conventions or which is incompatible with the object and purpose of that convention as established in Article 9, point (c), it shall, in accordance with the advisory procedure referred to in Article 39(2), adopt an implementing act to initiate the procedure for the temporary withdrawal of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance. The Commission shall inform the European Parliament and the Council thereof.
Amendment 100 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriate, consider the socio- economic effect of the temporary withdrawal of tariff preferences in the beneficiary countryThe Commission shall clearly and publicly state the grounds for withdrawing preferences and set clear benchmarks that the beneficiary country should meet for the preferences to be reinstated; such benchmarks may also guide a phased approach, including the progressive withdrawal or reinstatement of part of the benefits against clear benchmarks and conditions.
Amendment 110 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, fully or partly, in respect of all or of certain products originating in a beneficiary country, for any of the following reasons:
Amendment 114 #
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or related to the obligation to readmit the beneficiary country’s own nationals under international customary law and multilateral international conventions, whilst fully respecting human rights and dignity, or serious failure to comply with international conventions on antiterrorism or anti-money laundering;
Amendment 130 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 132 #
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
16. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a) and the exceptional gravity of the violations calls for a rapid response in view of the specific circumstances in the beneficiary country, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs (3) to (15). However, the period referred to in paragraph 4, point (b) is reduced to 21 months and the deadline referred to in paragraph 8 is reduced to 53 months.