18 Amendments of Jörgen WARBORN related to 2021/0297(COD)
Amendment 117 #
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are 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, and to encourage exports diversification from GSP beneficiary countries 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 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised 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).
Amendment 189 #
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin, transit and destination of migrants and contribute to their sustainable development and economic growth needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin, transit and destination countries. In this respect, it is essential for both origin, transit 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.
Amendment 190 #
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration, safe, regular and responsible international migration and mobility of people, including through the implementation of planned and well- managed migration policies, as the Sustainable Development Goals target 10.7 establishes, 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, as it has been adopted by several European Council Conclusions, in particular the ones adopted on 16th December 2021, 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.
Amendment 192 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The Union should favour a constructive engagement on all aspects of migration, forced displacement and mobility, working to ensure that migration takes place in a safe and well-regulated manner. It is essential to further step up cooperation on migration with partner countries, built on the more for more principle and using the full application of the NDICI-Global Europe instrument.
Amendment 194 #
Proposal for a regulation
Recital 27
Recital 27
(27) Return, readmission and reintegration are a common challenge for the Union and its partners. In particularAccording to the Court of Auditors less than 1 in 5 actually return to their own countries outside of Europe.1a The effective return of third country nationals who do not have the right to stay is an essential component of a well-functioning Common European Asylum System and for the Schengen Agreement. This requires the Union to cooperate closer with countries of origin and transit to ensure return. In this regard, 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 sustainable reintegration and capacity building would significantly strengthen the local development in the partner countries. Shortcomings in third countries related to the readmission of its own nationals need to be prevented to ensure the effective and dignified return of third country nationals who do not have the right to stay in Union. _________________ 1a European Court of Auditors Special Report 17/2021, https://www.eca.europa.eu/Lists/ECADoc uments/SR21_17/SR_Readmission- cooperation_EN.pdf
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt an implementing act in the year preceding the review year, in accordance with the advisory procedure referred to in Article 39(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. That implementing act shall apply as of 1 January of the year following its entry in force.
Amendment 238 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries listed in Annex I as applicable at that time. However, the value of imports from GSP beneficiary countries, which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.
Amendment 290 #
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 country.
Amendment 315 #
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 318 #
Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(c a) shortcomings related to the obligation to readmit the beneficiary country’s own nationals;
Amendment 322 #
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body; Commission following a Trade Barrier investigation under Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization. For the other unfair trading practices, including - but not limited to – breaches of intellectual property rights, trade distorting investment practices, trafficking and smuggling, breaches of competition rules and any other unfair trading practices that may hinder market access and the national treatment principle, the application of this Article shall be based on a previous determination to that effect under the conditions laid down in Paragraph 3;
Amendment 333 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act. Sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article are prima facie deemed to exist in case a Trade Barrier investigation has already been concluded by the Commission in relation to the unfair trading practices at stake.
Amendment 344 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall provide the beneficiary country concerned with every opportunity to cooperate during the monitoring and evaluation period of six months from the date of publication of the noticmonitoring and evaluation period will be of six months from the date of publication of the notice. During this period, the Commission shall provide the beneficiary country concerned with every opportunity to cooperate.
Amendment 347 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Within three months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month. This paragraph does not apply in case a trade barrier investigation has already been concluded in relation to the unfair trading practices at stake.
Amendment 351 #
Proposal for a regulation
Article 19 – paragraph 8 – introductory part
Article 19 – paragraph 8 – introductory part
8. Within sixthree months from the expiry of the period referred to in paragraph 4, point (b)5, the Commission shall decide:
Amendment 353 #
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 358 #
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixthree months after its adoption.
Amendment 378 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 12 9 months from its initiation.