Activities of Miguel URBÁN CRESPO related to 2021/0297(COD)
Shadow opinions (2)
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
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 (23)
Amendment 26 #
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP arshould be to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and to promote the sustainable development agenda, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815. _________________ 15Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of gen. Trade relations conducted by the EU and its Member States must not undermine, either directly or indirectly, the promotion and protection of human rights and the role of civil society in developing countries. Existing arrangements are encouraging increased dependence on the export of raw materialised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1)s, thereby intensifying the pressure on land and water resources while accelerating deforestation and the reduction of biodiversity.
Amendment 27 #
Proposal for a regulation
Recital 6
Recital 6
(6) Those objectives remain relevant in the current global context and they are consistent with the analysis and perspective of the recent Commission Communication 'Trade Policy Review: “An Open, Sustainable and Assertive Trade Policy”16(‘TPR’).'.16 According to the TPR, the Union has a “strategic interest to support the enhanced integration into the world economy of vulnerable developing countries” and it “must fully use the strength provided by its openness and the attractiveness of its Single Market” to support multilateralism and to ensure adherence to universal values. For GSP specifically, the TPR notes its important role in “promoting respect for core human and labour rights” and sets the objective for the GSP “to further increase trading opportunities for developing countries to reduce poverty and create jobs based on international values and principles”. Moreover, the scheme should assist beneficiaries in recovering from the COVID-19 impact and in re- building their economies in a sustainable manner, including with respect to international human rights, labour, environmental and good governance standards. Coherence should be ensured between the GSP and its objectives and the assistance provided to beneficiary countries, in line with Union’s Policy Coherence for Development (PCD), which constitutes a key pillar of Union’s efforts to enhance the positive impact and increase effectiveness of development cooperation17. It is a matter of concern that, in a number of countries benefiting from the GSP, no concrete and substantial improvements have been observed in terms of human and social rights and it is even being alleged that GSP-assisted production is encouraging land grabbing and infringements of labour and human rights. _________________ 16 COM(2021) 66 final, 18 February 2021 17Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “T"the Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries”".
Amendment 28 #
Proposal for a regulation
Recital 8
Recital 8
(8) The scheme should consist of a basic arrangement (‘standard GSP arrangement’), and two special arrangements, namely the ‘special incentive arrangement for sustainable development and good governance – GSP+’ and the ‘special arrangement for the least-developed countries - EBA’. It, therefore, continues the structure of the previous ten years, which is deplorable that these instruments have become a means of political leverage applied by the European Union and its considered a success, as it focusesMember States to garner the support onf theird countries most in need and addresses the varying developmental nefor various items on their international agendas. There is no doubt that the European Union should promote different trading models baseds of beneficiarien equality between partners.
Amendment 29 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Before according any preferential arrangements to a country, the Commission must first conduct a human rights and environmental impact assessment and publish the findings order to identify, evaluate and determine measures to prevent, mitigate and address any risks to human rights possibly arising from the granting of preferences. These assessments should be carried out by independent experts, in consultation with members of civil society, including representatives of communities affected by the granting of trade preferences.
Amendment 32 #
Proposal for a regulation
Recital 9
Recital 9
(9) The standard GSP arrangement should be granted to all those developing countries which share a common development need and, are in a similar stage of economic development and have ratified and started to implement all the international conventions referred to in Annex VI. There is no definition of ‘developing country’ at the level of the WTO, and it is left to preference granting countries to determine the list of GSP- eligible developing countries. Countries which have successfully completed their transition from centralised to market economies, and are today powerful economies with a strong position in international trade, such as China, Hong Kong, Macao and Russia, should not be considered as developing countries in the context of the GSP, and should, therefore, be removed from the list of eligible countries. Countries which are classified by the World Bank as high- income or upper-middle income countries have per capita income levels allowing them to attain higher levels of diversification without the scheme's tariff preferences. They are at a different stage of economic development and do not, therefore, share the same development, trade and financial needs as lower income or more vulnerable developing countries. In order to prevent unjustified discrimination, they need to be treated differently; therefore, they do not benefit from the standard GSP arrangement. Furthermore, the use of tariff preferences provided under the scheme by high-income or upper-middle income countries would increase the competitive pressure on exports from poorer, more vulnerable countries and, therefore, could impose unjustifiable burdens on those more vulnerable developing countries. The standard GSP arrangement should take account of the fact that the development, trade and financial needs are subject to change and ensure that the arrangement remains open if the situation of a country changes.
Amendment 33 #
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 and started implementing core international conventions on human and labour rights, climate and environmental protection and good governance, and commit to ensuring the effective implementation thereof, including through a public, ambitious and scheduled plan of action, approved in accordance with this Regulation. 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, ILO Convention 169 on Indigenous and Tribal Peoples, the Rome Statute of the International Criminal Court 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 37 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) While the GSP+ makes trade preferences conditional on the ratification and effective implementation of 27 core conventions relating to human and labour rights, environmental standards and governance principles, it does not include effective mechanisms for monitoring compliance and enforcement of these standards. Moreover, the European Commission has failed to introduce a transparent and objective process for establishing when an inquiry should be launched, making it impossible for NGOs or others to participate and making it difficult to trigger the safeguard clause that would halt duty-free imports.
Amendment 39 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 42 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 45 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
Amendment 48 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Before according any preferential arrangement to a country, the Commission must first conduct a human rights and environmental impact assessment and publish the findings thereof, so as to identify, evaluate and determine measures to prevent any risks to human rights possibly arising from the granting of preferences. These assessments should be carried out by independent experts, in consultation with civil society, including representatives of communities affected by the granting of trade preferences.
Amendment 52 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) it has not ratified and begun to implement all the conventions listed in Annex VI;
Amendment 53 #
Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(bb) the findings of a prior impact assessment by the Commission pursuant to Article 3(2)(a) (new) reveal a significant risk to human rights and the environment in the countries benefiting from preferential arrangements, while the proposed countermeasures are inadequate or have not been accepted by the government of the beneficiary country;
Amendment 61 #
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 publicly scheduled plan of action for the effective implementation of the relevant conventions approved by the Commission in consultation with the European Parliament and civil society at local and international level;
Amendment 66 #
Proposal for a regulation
Article 9 – paragraph 1 – point f a (new)
Article 9 – paragraph 1 – point f a (new)
(fa) the results of a prior impact assessment by the Commission under Article 3(2a) (new) do not reveal a significant risk to human rights or the environment arising from preferential arrangements in the recipient country;
Amendment 69 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the Commission considers, based on examination of the request, thatincluding requesting country fulfils the the action plan referred to in Article 9(1)(d) and the findings of the human rights assessment, that the requesting country fulfils the conditions laid down in Article 9.
Amendment 75 #
1. As of the date of the granting of the tariff preferences provided under the special incentive arrangement for sustainable development and good governance, the Commission shall, with regard to each of the GSP+ beneficiary countries, keep under review and monitor the status of ratification of the relevant conventions and their effective implementation, as well as the cooperation of the GSP+ beneficiary country with the relevant monitoring bodies. In doing so, the Commission shall examine all relevant information, in particularcluding the conclusions and recommendations of the relevant monitoring bodies, as well as duly substantiated information submitted by civil society organisations, representatives of trade unions and other relevant stakeholders. Information may also be submitted through the one-stop shop, which will be accessible to stakeholders from the Union and GSP+ beneficiary countries. The Commission shall maintain regular contacts with local and international civil society, through the EEAS and delegations for example, to assess the implementation by beneficiary countries of the conventions listed in Annex VI.
Amendment 101 #
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 and the impact on human rights of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 104 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. An eligible country shall benefit from the tariff preferences provided under the special arrangement for the least- developed countries referred to in Article 1(2), point (c), if that country is identified by the United Nations as a least- developed country and whether that country has ratified the conventions listed in Annex VI and made a firm commitment to continue to be bound by them.
Amendment 115 #
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 or serious failure to comply with international conventions on antiterrorism or anti-money laundering;
Amendment 138 #
Proposal for a regulation
Annex VI – paragraph 1 a (new)
Annex VI – paragraph 1 a (new)
Rome Statute of the International Criminal Court (1998)
Amendment 139 #
Proposal for a regulation
Annex VI – paragraph 1 b (new)
Annex VI – paragraph 1 b (new)
First Optional Protocol to the International Covenant on Civil and Political Rights (1966)
Amendment 140 #
Proposal for a regulation
Annex VI – paragraph 1 c (new)
Annex VI – paragraph 1 c (new)
ILO Convention 169 on Indigenous and Tribal Peoples