Activities of Benoît BITEAU 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 (63)
Amendment 2 #
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’). 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 . Union’s assistance should provide support to the beneficiary countries in fulfilling their commitments with regards to the ratification and implementation of the international conventions under the GSP Schemes. Such support should target in priority those countries benefiting from the special arrangements, given their economic vulnerability. In addition, NDICI-Global Europe shall assist countries of the GSP scheme in raising their human rights and environmental standards in line with the obligations in the UN Guiding Principles on Business and Human Rights. _________________ 16 COM(2021) 66 final, 18 February 2021 17 Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “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 4 #
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 considered a success, as it focuses on the countries most in need and addresses the varying developmental needs of beneficiaries, which shall include their regional integration process.
Amendment 6 #
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 and implementing the core international conventions mentioned in Annex VI. The ratification should occur 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 7 #
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); ILO Convention No 81 on Labour Inspection; ILO Convention No 144 on Tripartite Consultation; and the UN Convention against Transnational Organized Crime; the Rome Statute of the International Criminal Court; UNDROP-UN Declaration on the Rights of Peasants and Other People in Rural Areas; VGGT - Voluntary Guidelines for Responsible Governance of Tenure of Land, Fisheries and Forests and the UNDRIP-UN Declaration on the Rights of Indigenous People and its principles on Free Prior and Informed Consent. _________________ 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 10 #
Proposal for a regulation
Recital 12
Recital 12
(12) Countries graduating from the Least-Developed Countries (LDC) category established by the UN should be incentivised to continue on the path of sustainable development. For this purpose, the economic vulnerability criteria to qualify for the special incentive arrangement for sustainable development and good governance should be eased compared to Regulation (EU) No 978/2012, to facilitate access by a larger number of countries graduating from the least developed country category. The continued and sustained progress towards ratifying and implementing the core international conventions should be closely monitored, and EU development finance programming should be designed to duly take this objective into consideration.
Amendment 11 #
Proposal for a regulation
Recital 15
Recital 15
(15) Countries that have been granted the special incentive arrangement for sustainable development and good governance in accordance with Regulation (EU) No 978/2012 should submit a new application within two years after the date of application of this Regulation. In order, however, to ensure continuity and legal certainty for economic operators, the tariff preferences under the special incentive arrangement for sustainable development and good governance provided for in Regulation (EU) No 978/2012 are to be maintained during the period in which their application is assessed. Requests for technical and financial assistance from applicant countries related to the ratification and implementation of theThe continued and sustained progress towards ratifying and implementing the core international conventions canshould be clooked upon favourably. sely monitored, and EU technical and financial assistance should be designed to duly take this objective into consideration.
Amendment 12 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) This application should comprise, among others, a public plan of action detailing priority-oriented list of measures to be taken which are considered necessary to effectively implement the international conventions. This plan of action, on which the beneficiary country should have reached a common understanding with the Commission and where appropriate the European External Action Service, should also include deadlines and identify the relevant bodies of the beneficiary country responsible for its implementation.
Amendment 13 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission and where appropriate the European External Action Service should monitor the status of ratification of the international conventions on human and labour rights, environmental protection and good governance and their effective implementation, by assessing the progress made in the implementation of the plan of action, examining the relevant information, in particular where available the conclusions and recommendations of the relevant monitoring bodies established under those conventions, This reporting should also be based on high-level monitoring missions on the ground. Every three years, the Commission should present to the European Parliament and the Council a report on the status of ratification of the respective conventions, the compliance of the beneficiary countries with any reporting obligations under those conventions, and the status of the implementation of the conventions in practice, notably on the basis of the implementation of the plan of action. The monitoring should also aim at addressing shortcomings. In their conclusions, the Commission and the European External Action Service should provide clear recommendations on issues and actions to be prioritised.
Amendment 14 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The civil society and other relevant stakeholders should be consulted throughout and at all stages of the monitoring cycle, and the information they submit should be duly taken into account. For that purpose, an advisory body composed of their representatives should be set up, to assist the Commission in reviewing, monitoring and assessing the progress made by the beneficiary countries.
Amendment 17 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Regional integration is an important instrument for sustainable development. Developing countries and least developed countries which are building regional economic blocs share common development, trade or financial needs. Therefore developing countries which belong to a least developed region, meaning a customs union where the majority of the members are least- developed countries or a free trade area where the majority of the members are least-developed countries and all members have committed to form a customs union among themselves, should also enjoy the same special arrangement as for the least- developed countries.
Amendment 18 #
Proposal for a regulation
Recital 19
Recital 19
(19) The special arrangement for the least-developed countries (EBA)and least- developed regions should continue to grant duty-free and quota free access to the European Union market for products originating in the least -developed countries or countries belonging to least-developed regions, as recognised and classified by the United Nations (UN), except for trade in arms. For a country no longer classified by the UN as a least-developed country or a country formerly belonging to a least- developed region, a transitional period should be established, to alleviate any adverse effects caused by the removal of the tariff preferences granted under thatis arrangement. Tariff preferences provided under the special arrangement for the least- developed countries and least developed regions should continue to be granted for those countries belonging to a least- developed countriesregion, which benefit from another preferential market access arrangement with the European Union.
Amendment 20 #
Proposal for a regulation
Recital 25
Recital 25
(25) The reasons for temporary withdrawal of the arrangements under the scheme should include serious and systematic violations of the principles laid down in international conventions concerning core human rights (including certain principles of international humanitarian law enshrined in those conventions), labour rights, climate and environmental protection, and good governance, so as to promote the objectives of those conventions. Tariff preferences under the special incentive arrangement for sustainable development and good governance should be temporarily withdrawn if the beneficiary country does not respect its binding undertaking to maintain the ratification and effective implementation of those conventions or to comply with the reporting requirements imposed by the respective conventions, or to maintain the effective implementation of the plan of action provided in its request to benefit from the arrangement or if the beneficiary country does not cooperate with the Union's monitoring procedures as set out in this Regulation. The temporary withdrawal should continue until the reasons justifying it no longer apply. In situations characterised by an exceptional gravity of the violations, the Commission should have the power to respond rapidly by adopting measures within a shorter timeline. Under the Union’s zero tolerance approach for child labour the reasons for temporary withdrawal should include exports of goods made by internationally prohibited child labour, as well as forced labour including slavery and prison labour, as identified in the relevant Conventions in Annex VI.
Amendment 23 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 26 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 28 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to achieve a balance between the need for better targeting, greater coherence and transparency on the one hand, and better promoting sustainable development and good governance through a unilateral trade preference scheme on the other hand, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to the Annexes to this Regulation and temporary withdrawals of tariff preferences due to serious and systematic violations of the principles set out in the relevant conventions with respect to human and labour rights, climate and environmental protection, and good governance and other relevant grounds set out in this Regulation, as well as procedural rules regarding the submission of applications for the tariff preferences granted under the special incentive arrangement for sustainable development and good governance, the conduct of a temporary withdrawal and safeguard investigations in order to establish uniform and detailed technical arrangements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making21 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In order to provide a stable framework for economic operators, the power to adopt an act in accordance with Article 290 TFEU should be delegated to the Commission in respect of repealing a decision on temporary withdrawal under the urgent procedure before that decision to temporarily withdraw tariff preferences becomes applicable, where the reasons justifying temporary withdrawal no longer apply. The Commission should also be empowered to adopt delegated acts to postpone the date of application of an act imposing the temporary withdrawal, or to modify its scope, for reasons related to a global sanitary emergency or other exceptional circumstances. _________________ 21 OJ L 123, 12.5.2016, p. 1.
Amendment 29 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) a special arrangement for the least- developed countries (Everything But Arms (‘EBA’))and least developed regions.
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) a special arrangement for the least- developed countries (Everything But Arms (‘EBA’))and least developed regions.
Amendment 31 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘EBA beneficiary countries’ means beneficiary countries of the special arrangement for least developed countries and least developed regions as listed in Annex I;
Amendment 32 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) Least developed region' means a customs union where the majority of the members are least-developed countries or a free trade area where the majority of the members are least-developed countries and all members have committed to form a customs union among themselves through a legal instrument that is legally binding among those members with timeframes for implementation.
Amendment 33 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) ‘plan of action’ means a priority- oriented list of measures - including legislative ones - to be adopted and actions to be taken by a beneficiary country which are considered necessary to effectively implement the core international conventions referred to in Annex VI; for each listed objective, the plan of action shall include a timeframe, benchmarks and shall identify as precisely as possible the relevant institution or structure responsible for its implementation and oversight;
Amendment 34 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
Article 2 – paragraph 1 – point 10 b (new)
(10b) ‘enhanced engagement’ means a dialogue aiming to facilitate and incentivise countries benefitting from the arrangements referred to Article 1 paragraph 2 to implement effectively the Conventions;
Amendment 35 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 c (new)
Article 2 – paragraph 1 – point 10 c (new)
(10c) ‘list of issues’ means a list of objectives to effectively implement the core international conventions relevant to the GSP+ arrangement, as identified by the monitoring bodies and any information submitted by third parties, including civil society, human rights defenders and trade unions;
Amendment 36 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘complaint’ means a complaint submitted to the Commission through the Single Entry Point. by third parties, including stakeholders or civil society established in the EU or in the beneficiary countries covered by the schemes referred to Article 1 paragraph 2 and relating to conditions and reasons referred to Articles 9 and 19;
Amendment 38 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) there is sufficient ground to consider that shortcomings and violations of the conditions set out in Article 19.1 points (a), (b), (c), (d) and (e) exist.
Amendment 39 #
Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(bb) it has not ratified the conventions listed in Annex VI within five years upon the application of the preferences,
Amendment 40 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. EU development finance programming shall support countries benefitting from the standard arrangement referred to in paragraph 1 aiming to ratify and implement the conventions listed in Annex VI.
Amendment 41 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The Commission shall regularly consult with the advisory body referred to in Article 13a during the monitoring process.
Amendment 42 #
Proposal for a regulation
Article 4 – paragraph 1 c (new)
Article 4 – paragraph 1 c (new)
1c. 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 43 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Points (a) and (b) of paragraph 1 shall not apply to least-developed countries, as identified by the United Nations, or least-developed regions.
Amendment 44 #
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, a seriousincluding information provided by civil society organisations, human rights defenders and trade unions, a failure to effectively implement any of those conventions;
Amendment 47 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) 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 48 #
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, which shall include a roadmap and benchmarks for the effective implementation of the relevant conventions. Once agreed between the EU and the GSP beneficiary, the plan of action should be made publicly available;
Amendment 51 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a EU development finance programming shall prioritise support to countries benefitting from the special arrangement referred to in article 9 aiming towards the ratification and the effective implementation of the Conventions listed in Annex VI.
Amendment 52 #
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 finalised plan of action.
Amendment 54 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
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 civil society organisations, representatives of trade unions, human rights defenders 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 55 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 56 #
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 57 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 60 #
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 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 62 #
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 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 63 #
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 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 failure to effectively implement the relevant conventions of Annex VI, based on a set of identified indicators to report on progress.
Amendment 64 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. 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 65 #
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, human rights defenders and social partners.
Amendment 66 #
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. 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, including with regard to impacts on women’s employment and empowerment and accordingly, consider 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 68 #
Proposal for a regulation
Article 15 – paragraph 10 a (new)
Article 15 – paragraph 10 a (new)
10a. 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 69 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The Commission and, where applicable, the European External Action Service, shall make sure that countries that benefit from the special arrangement referred to in paragraph 1 of this Article shall ratify the conventions listed in Annex VI and plan their effective implementation. EU development finance programming shall prioritise support to countries benefitting from the special arrangement referred to in paragraph 1 of this article aiming towards the ratification and the effective implementation of the Conventions listed in Annex VI.
Amendment 70 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V TEnhanced engagement and temporary withdrawal provisions common to all arrangements
Amendment 71 #
Proposal for a regulation
Article 19 – paragraph -1 (new)
Article 19 – paragraph -1 (new)
-1. 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 and effective implementation of the conventions listed in Annex VI as referred to in Article 17(1a).
Amendment 72 #
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 73 #
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) serious and systematic violation ofviolation of and failure to implement effectively the principles laid down in the conventions listed in Annex VI;
Amendment 77 #
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 78 #
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 bodyas established by WTO appeal mechanism;
Amendment 81 #
Proposal for a regulation
Article 19 – paragraph 1 – point e a (new)
Article 19 – paragraph 1 – point e a (new)
(ea) 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 violations of the principles of the relevant conventions of Annex VI, based on a set of identified indicators.
Amendment 82 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
Amendment 83 #
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 84 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. 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 85 #
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, including with regard to impacts on women’s employment and empowerment, of the temporary withdrawal of tariff preferences in the beneficiary country and accordingly, consider 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 87 #
Proposal for a regulation
Article 19 – paragraph 12 a (new)
Article 19 – paragraph 12 a (new)
12a. 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 91 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Funding Enhanced social and environmental conditionality to benefit from preferential trade preferences should be embedded into the technical and financial assistance projects under the NDICI-Global Europe instrument. Given their vulnerability and lack of economic diversification, EU development finance should prioritise support to countries benefiting from the special arrangements, aiming to support them to ratify and implement 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 93 #
Proposal for a regulation
Annex VI – subheading 1 a (new)
Annex VI – subheading 1 a (new)
UNDRIP-UN Declaration on the Rights of Indigenous People and its principles on Free Prior and Informed Consent (2007)
Amendment 94 #
Proposal for a regulation
Annex VI – paragraph 1 a (new)
Annex VI – paragraph 1 a (new)
UNDROP-UN Declaration on the Rights of Peasants and Other People in Rural Areas (2018).
Amendment 95 #
Proposal for a regulation
Annex VI – paragraph 1 b (new)
Annex VI – paragraph 1 b (new)
Rome Statute of the International Criminal Court (1998)
Amendment 96 #
Proposal for a regulation
Annex VI – paragraph 1 c (new)
Annex VI – paragraph 1 c (new)
VGGT - Voluntary Guidelines for Responsible Governance of Tenure of Land, Fisheries and Forests (2012).