Activities of Hannah NEUMANN 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 (59)
Amendment 30 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Before granting any preferential regime to a country, the Commission should conduct and publish an ex-ante human rights and environmental impact assessment in order to identify, assess, and indicate measures to prevent, mitigate and address any risk of human rights violations which the granting of preferences may contribute to;
Amendment 31 #
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 committed to ratifying the core international conventions mentioned in Annex VI within five years upon the application of the arrangement. 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 34 #
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 ensurpursuing the effective implementation thereof, including through a public, ambitious and time-bound plan of action, adopted 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); the First Optional Protocol to the International Covenant on Civil and Political Rights; the Rome Statute of the International Criminal Court; ILO Convention No 81 on Labour Inspection; ILO Convention No 144 on Tripartite Consultation; and the UN Convention against Transnational Organized Crime. _________________ 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 36 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
Amendment 40 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 43 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 49 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Human rights and environmental impact assessment Before granting any preferential regime to a country, the Commission should conduct and publish an ex-ante human rights and environmental impact assessment in order to identify, assess, and indicate measures to prevent, mitigate and address any risk of human rights violations which the granting of preferences may contribute to;
Amendment 50 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) there is sufficient ground to consider that serious and systematic shortcomings and violations of the conditions set out in Article 19.1 points (a), (b), (c), (d) and (e) exist.
Amendment 51 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) The results of an ex ante human rights and environmental impact assessment carried out by the Commission pursuant to article 3 paragraph a(new) show a considerable risk of negative impact on human rights or on the environment in the beneficiary country linked to the granting of preferences, and proposed measures to prevent and address it are insufficient or have not been accepted by the beneficiary country’s government;
Amendment 54 #
Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(b b) it has not ratified the conventions listed in Annex VI within five years upon the application of the preferences,
Amendment 55 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Commission and, where applicable, the European External Action Service, shall make sure that countries that benefit from the standard arrangement referred to in paragraph 1 of this Article have ratified the conventions listed in Annex VI within the five years upon the application of the preferences;
Amendment 56 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1 b. The Commission and, where applicable, the European External Action Service, shall make sure that countries that benefit from the standard arrangement referred to in paragraph 1 of this Article have adopted a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights;
Amendment 57 #
Proposal for a regulation
Article 4 – paragraph 1 c (new)
Article 4 – paragraph 1 c (new)
1 c. EU development finance programming shall prioritise support to countries benefitting from the special arrangement referred to in paragraph 1 aiming to support them ratify the conventions listed in Annex VI and adopt a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights.
Amendment 58 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) it has ratified all the conventions listed in Annex VI (the 'relevant conventions') and the Commission has not identified, based on available information, in particular the most recent available conclusions of the monitoring bodies under those conventions as well as information submitted by civil society organizations, a serious failure to effectively implement any of those conventions;
Amendment 59 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) it has adopted a National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights, in conformity with the Guidance on National Action Plans of the UN Working Group on Business and Human Rights;
Amendment 60 #
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 time-bound plan of action for theof measures that are necessary to effective ly implementation of the relevant conventions. The beneficiary country and the Commission should reach a common understanding on the plan of action, which shall thereafter be made public;
Amendment 65 #
Proposal for a regulation
Article 9 – paragraph 1 – point f a (new)
Article 9 – paragraph 1 – point f a (new)
(f a) The results of an ex ante human rights and environmental impact assessment carried out by the Commission pursuant to article 3 paragraph a(new) do not show a considerable risk of negative impact on human rights or on the environment in the beneficiary country linked to the granting of preferences, or proposed measures to prevent and address it are sufficient and have been accepted by the beneficiary country’s government;
Amendment 68 #
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, including of the plan of action as indicated in article 9 paragraph 1 (d), as well as on the results of the human rights impact assessment referred to in Article 3, paragraph a (new), that the requesting country fulfils the conditions laid down in Article 9.
Amendment 71 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The requesting country shall submit its request to the Commission in writing. The request shall provide comprehensive information concerning the ratification of the relevant conventions and shall include the binding undertakings referred to in Article 9, pointes (d), (e), and (f), including a finalized plan of action.
Amendment 72 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. While examining the request, the European Commission shall consult the European Parliament and the Council and the advisory body referred to in Article 13a (new). After examining the request, the Commission is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I in order to grant a requesting country the special incentive arrangement for sustainable development and good governance by including that country in the list of GSP+ beneficiary countries.
Amendment 74 #
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 assess the progress made by the GSP+ beneficiary countries in implementing their plans of action, as well as examine all relevant information, in particular the conclusions and recommendations of the relevant monitoring bodies as well as duly substantiated information submitted by individual citizens, private sector actors, civil society organisations, representatives of trade unions and other relevant stakeholders. The information may also be submitted via the Single Entry Point, which shall be accessible to stakeholders from both the Union and GSP+ beneficiary countries. The Commission, including through the EEAS and the delegations, should hold regular contacts with local and international civil society to assess the beneficiary countries’ implementation of the conventions listed in annex VI. A cycle of 3 years for the review, monitoring and assessment (hereinafter monitoring cycle) is hereby established.
Amendment 77 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A GSP+ beneficiary country shall cooperate with the Commission and provide all information necessary to assess its respect of the binding undertakings referred to in Article 9, points (d) including the implementation of its plan of action, (e), and (f) and its situation as regards Article 9, points (b) and (c).
Amendment 78 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The Commission, where applicable jointly with the EEAS, shall carry out at least one high-level monitoring mission per monitoring cycle to the beneficiary countries in order to assess progress on the ground, including in line with the plans of action. In the framework of the mission, relevant stakeholders, including civil society organizations and human rights defenders in the beneficiary countries shall be duly consulted.
Amendment 79 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2 b. At the beginning of each monitoring cycle, the Commission shall send a list of issues to all GSP+ beneficiary countries outlining implementation issues that need to be addressed during the cycle. The lists of issues shall be made publicly available.
Amendment 80 #
Proposal for a regulation
Article 13 – paragraph 2 c (new)
Article 13 – paragraph 2 c (new)
2 c. The plans of action and the recommendations of the Commission and European External Action Service on priority implementation actions shall be taken into account in the EU development finance programming in order to support GSP+ beneficiary countries in attaining their commitments.
Amendment 81 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a [Advisory Body] 1. The Commission shall be assisted in reviewing, monitoring and assessing the binding undertakings referred to in Article 9, points (d), (e) and (f) by an advisory body composed of stakeholders’ representatives. 2. The Commission shall consult with the advisory body in regards to the plans of action submitted by the GSP+ beneficiary countries in view of their application to the GSP+ scheme; to that purpose, the participation to the advisory body shall be extended to stakeholders in the beneficiary countries. The Commission shall also consult with and report to the advisory body when assessing the implementation of the plans of action during each monitoring cycle and more generally throughout the cycle as regularly as necessary, including ahead of and after monitoring missions.
Amendment 82 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By 1 January 2027, and every three years thereafter, the Commission shall present to the European Parliament and to the Council a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and the status of the effective implementation thereof, also based on the assessment of the implementation of the plans of action.
Amendment 84 #
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, including through an assessment of the implementation of its plan of action;
Amendment 86 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – paragraph 1
Article 14 – paragraph 2 – point b – paragraph 1
The report may include any information from any source the Commission considers appropriate, including from civil society organizations and social partners.
Amendment 88 #
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 implementation of the plans of action, also based on 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 governments and international organisations, civil society, and social partners. The Commission and where appropriate the European External Action Service shall provide recommendations on issues and actions to be prioritised in the following monitoring cycle. In case of major shortcomings with effective implementation or persistent failure to effectively implement the plans of action, the report shall indicate which measures the country shall undertake in order to comply with obligations under Article 9(d).
Amendment 90 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The special incentive arrangement for sustainable development and good governance shall be withdrawn temporarily, in respect of all or of certain products originating in a GSP+ beneficiary country, where that country does not respect its binding undertakings as referred to in Article 9, points (d), (e) and (f), including in case of major shortcomings in implementing or of systemic failure to implement the plan of action referred to in Article 9 point (d) are identified, or the GSP+ beneficiary country 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).
Amendment 91 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, either on the basis of the conclusions ofand of the GSP+ beneficiary country's follow up to the recommendations and priority actions as provided by the report referred to in Article 14 or on the basis of the evidence available, including 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), including with regards to the implementation of its plan of action, 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. In its assessment of whether the GSP+ beneficiary country does not respect its binding undertakings referred to in Article 9 point (d), the Commission will in particular take into account whether the relevant monitoring bodies, treaty mechanisms and supervisory mechanisms have signalled potentially serious failure to effectively implement the relevant conventions, based on such indicators as: - the establishment of commission of inquiries, fact-finding missions, country special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly; - findings by the UN High Commissioner for Human Rights, UN Special Procedures or other UN independent human rights experts; - reports of the ILO Committee of Application of Standards; - rulings and opinions by international human rights courts; - reports by prominent local and international human rights groups.
Amendment 94 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The Commission shall inform the European Parliament, the Council and the advisory body referred to in Article 13a (new) about the complaints received. The Commission shall inform the complainant, the European Parliament, the Council and the advisory body referred to in Article 13 a (new) where it decides that the complaint does not provide sufficient evidence in relation to the indicators referred to in this article.
Amendment 95 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 96 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. The Commission shall seek all information it considers necessary including, inter alia, the conclusions and recommendations of the relevant monitoring bodies. In drawing its conclusions, the Commission shall assess all relevant information, including from civil society organisations and social partners.
Amendment 97 #
Proposal for a regulation
Article 15 – paragraph 7 – point a
Article 15 – paragraph 7 – point a
(a) to terminate the temporary withdrawal procedure, either because the grounds for the reasonable doubt are not confirmed in the assessment referred to in paragraph 6, or because the GSP+ beneficiary country has engaged and committed to address the violations of its binding undertakings as referred to in paragraph 3;
Amendment 98 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
8. Where the Commission considers that the findings do not justify, based on the elements referred to in paragraphs 5 and 6, that a temporary withdrawal is not justified, it shall adopt an implementing act to terminate the temporary withdrawal procedure in accordance with the advisory procedure referred to in Article 39(2). That implementing act shall be based inter alia on evidence received.
Amendment 99 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justify, based on the outcome of the cooperation and engagement and the findings referred to in paragraphs 5 and 6, and after consulting the advisory body referred to in Article 13a (new), that temporary withdrawal is justified 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). The 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. In adopting the delegated act the Commission may, when appropriate, consider the human rights and socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country, especially when considering a partial withdrawal, with a view to minimising the negative socio- economic impact on the GSP+ beneficiary country's population while maximising the leverage on its government.
Amendment 103 #
Proposal for a regulation
Article 15 – paragraph 10 a (new)
Article 15 – paragraph 10 a (new)
10 a. During the application of a temporary withdrawal, the Commission shall continue the dialogue with the beneficiary country, including in the framework referred to in Article 18a, aiming at remedying the reasons for the withdrawal referred to in paragraph 3. The Commission shall regularly assess the effects of the withdrawal on remedying the violations, including in the report referred to in Article 14. The Commission shall regularly consult with the advisory body referred to in Article 13a.
Amendment 105 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. The Commission and, where applicable the EEAS, shall make sure that countries that benefit from the special arrangement referred to in paragraph 1 of this Article make continued and sustained progress towards ratifying the conventions listed in Annex VI. EU development finance programming shall prioritise support to countries benefitting from the special arrangement referred to in paragraph 1 aiming to make progress towards the ratification of the conventions listed in Annex VI.
Amendment 106 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V TEnhanced engagement and temporary withdrawal provisions common to all arrangements
Amendment 107 #
Proposal for a regulation
Article -19 (new)
Article -19 (new)
Article -19 In the framework of a Cooperation, Partnership or Association Agreement the EU has concluded with a beneficiary country, a general review of the status of the country in the framework of the preferential arrangements referred to in Article 1(2)shall be conducted yearly and in consultation with the European Parliament. To that purpose, the Commission, and where relevant the European External Action Service, and the beneficiary country shall review the issues pertaining to the conditions referred to in Article 19(1), including in relation to any complaints received by the Commission. The Commission, where relevant the European External Action Service, and the beneficiary country shall also review the status of the ratification of the conventions listed in Annex VI as referred to in Article4(1) point (c) and progress towards ratification of the conventions listed in Annex VI as referred to in Article 17(1a).
Amendment 108 #
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 or of all or some economic sectors of a beneficiary country, for any of the following reasons:
Amendment 116 #
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 117 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. For the purpose of applying point 1 (a), the Commission will in particular take into account whether the relevant monitoring bodies, treaty mechanisms and supervisory mechanisms have signalled potentially serious and systematic violations of the principles of the relevant conventions, based on such indicators as: - the establishment of commission of inquiries, fact-finding missions, country special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly; - findings by the UN High Commissioner for Human Rights, UN Special Procedures or other UN independent human rights experts; - reports of the ILO Committee of Application of Standards; - rulings and opinions by international human rights courts; - reports by prominent local and international human rights groups.
Amendment 118 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. When in particular the seriousness of the violations of principles of the international conventions listed in Annex VI so requires, based on available assessments, comments, decisions, recommendations and the conclusions of the relevant monitoring bodies, or based on duly substantiated concerns expressed by the European Parliament, the Council, international organisations, and civil society including trade unions, or acting upon a complaint, the Commission shall notify the beneficiary country. Starting from the date of the notification and during one year, the beneficiary country and the Commission shall enter into an enhanced engagement, where the country commits to adopt time-bound roadmaps providing for concrete actions and sustainable solutions to the serious and systematic violations as identified. The Commission shall regularly consult with the advisory body referred to in Article 13a during the enhanced engagement process.
Amendment 119 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2 b. If considered necessary, the enhanced engagement may be prolonged by up to another year. The Commission shall publish a list of countries with which enhanced engagement has been prolonged beyond one year and shall regularly update the list as necessary. The roadmaps referred to in paragraph 2a shall be made public.
Amendment 120 #
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) because the beneficiary country has failed to deliver in the framework of the enhanced engagement or 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.
Amendment 122 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3 a. The Commission shall inform the European Parliament, the Council and the advisory body referred to in Article 13a about the complaints received. The Commission shall inform the complainant, the European Parliament, the Council and the advisory body referred to in Article 13a where it decides that the complaint does not provide sufficient evidence in relation to the indicators referred to in this article.
Amendment 123 #
Proposal for a regulation
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) state that the Commission will continue to pursue dialogue in the framework of the enhanced engagement and monitor and evaluate the situation in the beneficiary country concerned during the monitoring and evaluation period referred to in Paragraph 5.
Amendment 124 #
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 cooperatstart engaging with and cooperate at any time during the monitoring and evaluation period of six months from the date of publication of the notice.
Amendment 125 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
Amendment 126 #
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, and after consultation of the advisory body referred to in Article 13(a), 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.
Amendment 127 #
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. Where the Commission considers that the findings do not justify, based on the elements referred to in paragraph 6, that a temporary withdrawal is not justified, it shall adopt an implementing act, in accordance with the advisory procedure referred to in Article 39(2), on the termination of the temporary withdrawal procedure.
Amendment 128 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission, based on the elements referred to in paragraph 6, considers that the findings justify temporary withdrawal is justified 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, especially when considering a partial withdrawal, with a view to minimising the negative socio- economic impact on the GSP+ beneficiary country’s populations while maximising the leverage on its government.
Amendment 131 #
Proposal for a regulation
Article 19 – paragraph 12 a (new)
Article 19 – paragraph 12 a (new)
12 a. During the application of a temporary withdrawal, the Commission shall continue the dialogue with the beneficiary country, including in the framework referred to in Article 18a, aiming at remedying the reasons for the withdrawal referred to in paragraph 1. The Commission shall regularly assess the effects of the withdrawal on remedying the violations, and shall consult with the advisory body referred to in Article 13a.
Amendment 133 #
Proposal for a regulation
Article 19 – paragraph 17 a (new)
Article 19 – paragraph 17 a (new)
17 a. When deciding to withdraw preferences, the Commission may publish a list of importers and suppliers that may still benefit from preferences. This list should be established based on publicly available evidence provided by the importer that it fully implemented its human rights and environmental due diligence obligations and that its supply chains are free from human rights violations.
Amendment 135 #
Proposal for a regulation
Annex VI – subheading 1 a (new)
Annex VI – subheading 1 a (new)
First Optional Protocol to the International Covenant on Civil and Political Rights (1966)
Amendment 137 #
Proposal for a regulation
Annex VI – paragraph 1 a (new)
Annex VI – paragraph 1 a (new)
Rome Statute of the International Criminal Court (1998)