Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | DEVE | KACZMAREK Filip (PPE-DE) | |
Lead | INTA | MARKOV Helmuth (GUE/NGL) |
Legal Basis EC Treaty (after Amsterdam) EC 133
Activites
- 2008/08/06 Final act published in Official Journal
- #2885
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2008/07/22
Council Meeting
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2008/07/22
End of procedure in Parliament
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2008/07/22
Act adopted by Council after consultation of Parliament
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2008/06/05
Results of vote in Parliament
- Results of vote in Parliament
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T6-0252/2008
summary
The European Parliament adopted, by 620 votes to 17 with 14 abstentions, a legislative resolution amending the proposal for a Council regulation applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, No 1933/2006 and Commission Regulations (EC) No 964/2007 and No 1100/2006.The report had been tabled for consideration in plenary by Helmuth MARKOV (GUE/NGL, D) on behalf of the Committee on International Trade.The main amendments – adopted in the framework of the consultation procedure – are as follows:Impact-assessment study: a new Article 26a is introduced, which governs the assessment procedure, and provides for the inclusion of remarks by the beneficiary countries. It states that the Commission shall keep the European Parliament regularly informed with regard to: (a) trade statistics between the EU and GSP beneficiary countries; b) the status of ratification and implementation of the conventions included in Annex III by each country benefiting from the special incentive arrangement. Where appropriate, the Commission will include recommendations on whether additional steps for the effective implementation of a convention should be taken by a specific country; c) relevant information on progress towards the achievement of the MDGs, especially in LDCs.The Commission shall prepare an impact assessment study of the effects of the GSP covering the period from 1 January 2006 to 31 December 2009. The study shall be transmitted to the Committee, the European Parliament and the European Economic and Social Committee by 1 March 2010. The Commission, after consulting the Committee, will set the contents of the impact-assessment study, which shall include the views of the beneficiary countries and in any event shall contain at least the following elements:-an in-depth statistical analysis of GSP utilisation rates per country and a section including a comparison with previous years;-an evaluation of the social and trade-related effects of graduation on graduated countries;-a preliminary assessment of the effects of future graduation on the countries likely to be graduated under the next regulation;-an analysis of the potential effects of extending the system of preferences by increasing the preferential margin accorded to sensitive products and/or transferring 'sensitive' products to the 'non-sensitive' category; -an evaluation of the contribution of this regulation to the achievement of the MDGs, in particular in relation to LDCs.The Commission will submit a special report to the European Parliament at the time of the conclusion of the Doha Round, examining the impact of the negotiations on the scheme established in the Regulation and considering the measures to be adopted to ensure the effectiveness of the generalised system of preferences. The Committee shall examine the effects of the scheme, on the basis of the impact assessment study. Transparency and predictability: on the basis of the latest comparable and adjusted data available at the time of adoption of the Regulation, the Commission shall establish which beneficiary countries meet the criteria set out in Article 3(1) i.e when a beneficiary country is removed from the scheme when it has been classified by the World Bank as a high-income country. Each year the Commission shall publish a notice in the Official Journal of the European Union listing the beneficiary countries which meet the criteria as above. Precedence of commercial agreement: when a beneficiary country benefits from a preferential commercial agreement with the Community, the application of the commercial agreement shall take precedence over the application of the scheme provided that the agreement effectively implements and, where appropriate, consolidates at least all of the preferences provided for by the scheme to that country. A commercial agreement with the Community shall not preclude eligibility for the special incentive arrangement set out in the Regulation.Technical assistance: in order to improve the impact of the scheme, the Commission shall provide developing countries and especially LDCs with adequate technical assistance for building the institutional and regulatory capacity required to reap the benefits of international trade and the GSP. Technical assistance shall also be provided to help eligible developing countries comply with the ratification and effective implementation requirements of the new special incentive arrangement for sustainable development and good governance.Rules of origin: a new recital states that the rules of origin should be reviewed to take account of inter-regional and global cumulation and the possibility of a country benefiting from preferential treatment under the GSP, the GSP+ and the'Everything But Arms' (EBA) initiative, even if it is not the final destination of the export, provided that substantial value is added to the products in the country in question. In the course of this review, the'double transformation' requirement for certain products should also be eliminated. A new clause stipulates that the form, substance and procedures of the system of rules of origin shall be subject to regular revision in order to evaluate its effect on GSP utilisation rates and to serve better the purpose of promoting economic development. Furthermore, the Commission shall give priority within the WTO to harmonising rules of origin which introduce preferential treatment for developing countries and LDCs. Revision of special arrangements: the Commission shall present, to the European Parliament and to the Council, a report on the status of ratification and implementation of conventions listed in Annex III, by each country benefiting from the special incentive arrangement. Where appropriate, the Commission shall include recommendations by monitoring bodies on whether additional steps for the effective implementation of a convention should be taken by a specific country. In its report the Commission shall also evaluate the effectiveness of the special incentive arrangement in fulfilling its aim and recommend, where appropriate, the revision of Annex III.Parliament also makes provision for a country which complies with the relevant criteria after 31 October 2008 to request the granting of special incentive arrangements. To ensure that the special incentive arrangement retains its incentive nature, it is essential to keep open the possibility of making new requests. The frequency proposed is once per year.Fundamental labour standards: in the light of the reasons set out in the text, the Commission shall automatically open an inquiry in any case where the ILO Committee on the Application of Standards devotes a 'special paragraph' to a beneficiary country which does not comply with fundamental labour standards.Parliamentary oversight: Parliament introduced several clauses to ensure that it should be notified of matters under the Regulation. Where a beneficiary country is removed from the list of beneficiary countries, the Commission shall notify the country in question and the European Parliament. Where a requesting country is not granted the special incentive arrangement, the Commission shall give the reasons and inform the requesting country, and the European Parliament, thereof. The Commission shall regularly check that the commitments of beneficiary countries are being honoured and that none of the reasons set out in the Regulation for the temporary withdrawal of preferential arrangements applies. It shall publish an annual report on temporary withdrawals and send it to the European Parliament, the Council, and the Member States. Parliament made several amendments reinforcing the role of other institutions, particularly the European Parliament. It introduced the option of consulting representatives of civil society.Report: the Generalised Preferences Committee shall examine the effects of the scheme, on the basis of a report from the Commission covering the period since 1 January 2006 (rather than 1 January 2009.) This report shall contain an impact assessment study covering at least the following points: a comparative study of GSP utilisation rates under the Regulation and the previous ones, in order to identify the positive and negative trends; an evaluation of the effects of graduation in the poverty indicators of the countries affected; a comparative study of the preferential treatment offered by the GSP and by the EPAs.Revision of the Regulation: the proposal for a revised regulation covering the period 1 January 2012 to 31 December 2014 shall be transmitted by the Commission to the European Parliament, the Council and the European Economic and Social Committee by 1 June 2010. The new proposal shall duly take into consideration the results of the impact-assessment study.
- 2008/06/04 Debate in Parliament
- 2008/05/29 Committee report tabled for plenary, 1st reading/single reading
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2008/05/27
Vote in committee, 1st reading/single reading
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2008/02/19
Committee referral announced in Parliament, 1st reading/single reading
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2007/12/21
Legislative proposal published
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COM(2007)0857
summary
PURPOSE: to apply a scheme of generalised tariff preferences (2009-2011).PROPOSED ACT: Council Regulation.BACKGROUND: since 1971 the Community has granted trade preferences to developing countries in the framework of the “Generalised System of Preferences” (GSP) as part of its on-going development policy. The key objective of GSP is to help developing countries benefit from globalisation by linking trade with sustainable development.To recall, in July 2004 the Commission adopted a set of guidelines on the role of the GSP for a ten year period lasting from 2006 to 2013. The guidelines introduced a number of new objectives that involved certain changes to the scheme including: targeting those countries most in need; enlarging the product coverage of the GSP products; making the graduation system more transparent and stable; and introducing a new special incentive scheme to encourage sustainable development and good governance. These guidelines are put into operation via implementing Regulations. The first of these implementing Regulations entered into force on 1 January 2006 and will expire on 31 December 2008. (See: CNS/2004/0242). CONTENT: the purpose of this proposal is to propose a second implementing GSP Regulation that will enter into force on 1 January 2009 and expire on 31 December 2011. The Regulation will set out provisions on how the GSP is to be applied. These provisions remain strictly within the remits of the guidelines and the substance of the scheme remains unchanged. The following tariff preferences are listed:a general arrangement; a special incentive arrangement for sustainable development and good governance (additional tariff preferences should be granted to those developing countries which, due to a lack of diversification and insufficient integration into the international trading system, are vulnerable while assuming the special burdens and responsibilities due to the ratification and effective implementation of core international conventions on human and labour rights, environmental protection and good governance); and a special arrangement for the least-developed countries (duty-free access to products originating in the least-developed countries, as recognised and classified by the United Nations). The proposal states that a beneficiary country can be removed from the scheme when it has been classified as a high-income country. Similarly it may be removed from the scheme when: its imports covered by the GSP into the Community represents less than 75% of the total GSP-covered imports from that beneficiary country into the Community and in cases where the country already benefits from a preferential commercial agreement. The products to which the scheme applies are listed in Annex II.Although based largely on the previous implementing Regulation, the Commission is proposing some additional new provisions. They include: modifications to Annex I (graduation): graduation involves the exclusion of countries/sectors whose competitiveness no longer requires the granting of preferences or their re-inclusion, in the contrary case. The proposal provides that graduation should be based on criteria related to sections of the Common Customs Tariff. The graduation of a section for a beneficiary country should be applied when the section meets the criteria for graduation during three consecutive years, in order to increase predictability and fairness of graduation by eliminating the effect of large and exceptional variations in the import statistics the criteria for ratification and implementation of all Conventions listed in Annex III;extending the period for the Council to adopt a GSP withdrawal Regulation (when a beneficiary country commits serious and systematic violations of the principles laid down in certain international conventions concerning core human rights and labour rights or related to the environment or good governance, the Council may decide to remove it from the list of beneficiary countries);extending the tariff quota for products under the subheading “raw can sugar for refining” for three months until end September 2009 with a pro rate increase of its volume under the EBA arrangement (2008/2009). On a final point, the proposal will not incur any costs charged to the EC budget. Its application will, however, entail a loss of customs revenue. Based on 2005 figures, the annual loss of customs revenue (total loss income minus the cost of the de-graduation) resulting from the application of the GSP Regulation was estimated to be EUR 3.6 billion. As a result of the application of the graduation mechanism under the proposed Regulation, the annual loss of customs revenue is estimated to be EUR 3.4 billion.
- DG {'url': 'http://ec.europa.eu/trade/', 'title': 'Trade'}, MANDELSON Peter
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COM(2007)0857
summary
Documents
- Legislative proposal published: COM(2007)0857
- Committee report tabled for plenary, 1st reading/single reading: A6-0200/2008
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0252/2008
- : Regulation 2008/732
- : OJ L 211 06.08.2008, p. 0001
Amendments | Dossier |
38 |
2007/0289(CNS)
2008/04/18
DEVE
16 amendments...
Amendment 10 #
Proposal for a regulation Recital 21 b (new) (21b) The Commission should as a priority strive within the World Trade Organisation for an agreement harmonising the rules on origin, pursuant to which developing countries and the least-developed countries receive preferential treatment.
Amendment 11 #
Proposal for a regulation Article 8 – paragraph 3 3. The Commission shall keep under review the status of ratification and effective implementation of the conventions listed in Annex III. Before the end of the period of application of this Regulation and in time for discussion on the next Regulation, the Commission shall present, to the Council, a report on the status of ratification and implementation of such conventions for each country, including recommendations by monitoring bodies. Where necessary the Commission shall attach to its report recommendations concerning the adoption by a given country of additional measures designed to ensure that a convention is actually implemented.
Amendment 12 #
Proposal for a regulation Article 10 – paragraph 1 1. The Commission shall examine the request accompanied by the information referred to in Article 9(2). When examining the request the Commission shall take account of the findings of the relevant international organisations and agencies. It may ask the requesting country any questions which it considers relevant, and
Amendment 13 #
Proposal for a regulation Article 10 – paragraph 4 4. Where a requesting country is not granted the special incentive arrangement, the Commission shall give the reasons
Amendment 14 #
Proposal for a regulation Article 17 – point -1 (new) -1. The Commission shall regularly check that the commitments of beneficiary countries are being upheld and that none of the reasons set out in Article 15(1) and (2) and Article 16 (1) and (2) for temporary withdrawal of the preferential arrangements is present. It shall publish an annual report on temporary withdrawals and send it to the Council, the European Parliament and the Member States.
Amendment 15 #
Proposal for a regulation Article 17, paragraph 1 1. Where the Commission, the European Parliament or a Member State receives information that may justify temporary withdrawal and where the Commission or a Member State considers that there are sufficient grounds for an investigation, it shall inform the Committee and the European Parliament and request consultations. The consultations shall take place within one month.
Amendment 16 #
Proposal for a regulation Article 18 - paragraph 3 3. The Commission shall seek all information it considers necessary, including the available assessments, comments, decisions, recommendations and conclusions of the other European institutions and of the relevant supervisory bodies of the UN, the ILO and other competent international organisations. These shall serve as the point of departure for the investigation into whether temporary withdrawal is justified for the reason referred to in Article 15(1)(a). The Commission may verify the information received with economic operators, representatives of civil society (including the social partners) and the beneficiary country concerned
Amendment 17 #
Proposal for a regulation Article 19 - paragraph 1 1. The Commission shall submit a report on its findings to the Committee
Amendment 18 #
Proposal for a regulation Article 19 - paragraph 4 4. Where the Commission considers temporary withdrawal to be necessary, it shall submit - after having informed the European Parliament - an appropriate proposal to the Council which shall decide within two month’s time by a qualified majority. In the case referred to in paragraph 3, the Commission shall submit its proposal at the end of the period referred to in that paragraph.
Amendment 19 #
Proposal for a regulation Article 20 - paragraph 7 7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee and the European Parliament, take any preventive measure which is strictly necessary
Amendment 20 #
Proposal for a regulation Article 22 - paragraph 1 1. The Commission shall inform the beneficiary country concerned as soon as possible of any decision taken in accordance with Article 20 or 21 before it becomes effective. The Commission shall also notify the Council, the European Parliament and the Member States thereof.
Amendment 21 #
Proposal for a regulation Article 26a (new) 1. The Commission shall keep Parliament periodically informed with regard to: (a) trade statistics between the European Union and GSP beneficiary countries; (b) the status of ratification and implementation of the conventions included in Annex III by each country benefiting from the special incentive arrangement. Where appropriate, the Commission will include recommendations on whether additional steps for the effective implementation of a convention should be taken by a specific country; (c) relevant information on progress towards the achievement of the Millennium Development Goals, especially in Least-Developed Countries. 2. The Commission shall prepare an impact-assessment study of the effects of the GSP covering the period from 1 January 2009 to 1 January 2011. The study shall be transmitted to the Committee, the European Parliament and the Economic and Social Committee by 1 March 2011. 3. The Commission, after consulting the Committee, will specify the content of the impact-assessment study referred to in paragraph 2, which shall include the views of the beneficiary countries and in any event shall contain at least the following elements: - an in-depth statistical analysis of GSP utilisation rates per country and section, including a comparison with previous years; - an evaluation of the social and trade- related effects of graduation on graduated countries; - a preliminary assessment of the effects of future graduation on the countries likely to be graduated under the next regulation; - a comparative study of the preferential treatment offered by the GSP and the Cotonou Agreement to ACP countries, with a view to ensuring that the ACP countries which have not signed an Economic Partnership Agreement and which are once again covered by the GSP scheme are granted preferential treatment at least equivalent to the treatment they were granted under the Cotonou Agreement; - an analysis of the potential effects of extending the system of preferences by increasing the preferential margin accorded for sensitive products and/or transferring 'sensitive' products to the 'non-sensitive' category; - an evaluation of the contribution of this Regulation to the achievement of the Millennium Development Goals, particularly in relation to LDCs. 4. The Commission shall submit a special report to the European Parliament at the conclusion of the Doha Round, examining the impact of the negotiations on the scheme established in this Regulation and considering the measures to be adopted in order to ensure that the generalised system of preferences is effective.
Amendment 22 #
Proposal for a regulation Article 27, paragraph 3 3. The Committee shall examine the effects of the scheme, on the basis of
Amendment 7 #
Proposal for a regulation Recital 2 a (new) (2a) The chief objective of EU development policy and, therefore, of the GSP scheme, is to contribute to the achievement of the Millennium Development Goals, eradication of poverty, promotion of sustainable development and good governance in the developing countries.
Amendment 8 #
Proposal for a regulation Recital 2 a (new) (2a) By helping the developing countries' economies to diversify and to become more involved in world trade, the generalised system of preferences (GSP) should help to reduce poverty in those countries. From this point of view it constitutes a key development instrument.
Amendment 9 #
Proposal for a regulation Recital 21 a (new) (21a) The rules on origin should be revised to take into account cross-regional and global cumulation and the possibility for a country to be eligible for GSP, GSP+ and Everything But Arms (EBA) preferential treatment even if it is not the final country for export, provided that significant value is added to the goods in that country. When such revision is carried out, the requirement for double processing in the case of certain products should be abolished.
source: PE-405.763
2008/05/08
INTA
22 amendments...
Amendment 18 #
Proposal for a regulation – amending act Recital 6 a (new) 6a. To improve the effectiveness of the scheme, developing countries and in particular LDCs should be granted technical support for the construction of the necessary institutional and regulatory capacity.
Amendment 19 #
Proposal for a regulation – amending act Recital 8 a (new) 8a. Support should be given, in the form of technical assistance, for the implementation of the agreements referred to in the special arrangement on sustainable development and good governance.
Amendment 20 #
Proposal for a regulation – amending act Recital 10 a (new) 10a) Developing countries which meet the criteria for eligibility for the special incentive scheme to encourage sustainable development and good governance after 31 October 2008 should be entitled to benefit from the additional tariff preferences as soon as they meet those criteria. The Commission should rule on new requests no later than 15 December 2009 or 15 December 2010, for requests made by 31 October 2009 or by 31 October 2010 respectively.
Amendment 21 #
Proposal for a regulation – amending act Recital 15 (15) Tariff duties on non-sensitive products
Amendment 22 #
Proposal for a regulation – amending act Recital 19 (19) For the sake of coherence in the Community’s commercial policy, a beneficiary country should not benefit from both the scheme and a free-trade agreement, if that agreement covers, effectively implements and, where appropriate, consolidates at least all of the preferences provided for by the present scheme to that country.
Amendment 23 #
Proposal for a regulation – amending act Recital 20 (20) Graduation should be based on criteria related to sections of the Common Customs Tariff. The graduation of a section for a beneficiary country should be applied when the section meets the criteria for graduation during
Amendment 24 #
Proposal for a regulation – amending act Recital 21 a (new) 21a. The rules of origin should be reviewed to take account of inter-regional and global cumulation and the possibility of a country’s benefiting from preferential treatment under the GSP, the GSP+ and the ‘Everything But Arms’ (EBA) system, even if it is not the final destination of the export, provided that substantial value is added to the products in the country in question. In the course of this review, the ‘double transformation’ requirement for certain products should also be eliminated.
Amendment 25 #
Proposal for a regulation – amending act Recital 21 b (new) 21b) Under Article 37(6) of the ACP-EU Partnership Agreement, the Commission undertook to look into all possible alternatives to enable countries which were not LDCs and had not signed an EPA to benefit from a new trade framework offering commercial preferences at least equivalent to those under the Cotonou Agreement .
Amendment 26 #
Proposal for a regulation – amending act Recital 22 a (new) (22a) The special incentive arrangement for sustainable development and good governance may also be granted to countries which are in a crisis situation (war, natural disaster or terrorism) and undertake to ratify and implement the relevant conventions within a reasonable period of time.
Amendment 27 #
Proposal for a regulation – amending act Article 3 − paragraph 2 2. When a beneficiary country benefits from a preferential commercial agreement with the Community
Amendment 28 #
Proposal for a regulation – amending act Article 3 − paragraph 3 3.
Amendment 29 #
Proposal for a regulation – amending act Article 8 − paragraph 1 a (new) 1a. The special incentive arrangement for sustainable development and good governance may also be granted to a country which benefited from the special arrangement under Regulation (EC) 980/2005 and which, due to a crisis situation (war, natural disaster or terrorism) does not fulfil the criteria under Article 8 (1) but gives an undertaking to comply with the implementing legislation and measures of all the conventions listed in Annex III before 30 June 2009.
Amendment 30 #
Proposal for a regulation – amending act Article 9 − paragraph 1 − point a) a) a country or territory listed in Annex I must have made a request to that effect by 31 October 2008, or, in the case of countries or territories fulfilling the conditions of Article 8(1) and (2), after that date, by 31 October 2009 or 31 October 2010, and
Amendment 31 #
Proposal for a regulation – amending act Article 10 − paragraph 1 1. The Commission shall examine the request accompanied by the information referred to in Article 9(2). When examining the request the Commission shall take account of the findings of the relevant international organisations and agencies. It may ask the requesting country any questions which it considers relevant, and
Amendment 32 #
Proposal for a regulation – amending act Article 10 − paragraph 3 3. The Commission shall notify a requesting country of a decision taken in
Amendment 33 #
Proposal for a regulation – amending act Article 13 − paragraph 4 a (new) 4a. Paragraph 1 shall not apply to a beneficiary country in respect of any section which represents less than 50% in value of total GSP imports into the Community as a result of commercial policy measures such as anti-dumping or countervailing measures adopted under Regulations (EC) No 384/96 or (EC) No 2026/97.
Amendment 34 #
Proposal for a regulation – amending act Article 13 − paragraph 5 a (new) 5a. These provisions shall not prevent the Commission from determining that graduation shall not occur where it can be positively demonstrated that changes in import levels result from factors unrelated to a structural change in the economy of the country concerned but related to the receipt of GSP benefits.
Amendment 35 #
Proposal for a regulation – amending act Article 15 − paragraph 2 a (new) 2a. Without prejudice to paragraph 2, under justified circumstances, the special incentive arrangement referred to in Section 2 of Chapter II will not be withdrawn in a beneficiary country which, due to a crisis situation (war, natural disaster or terrorism) does not fulfil the criteria under Article 8 (1) but gives an undertaking to comply with the implementing legislation and measures of all the conventions listed in Annex III within the following six month period.
Amendment 36 #
Proposal for a regulation – amending act Article 17 − paragraph 2 2. Following the consultations, the Commission may decide, within one month’s time and in accordance with the procedure referred to in Article 27(5), to initiate an investigation. In the light of the reasons set out in Article 15(1)(a), the Commission shall automatically open an inquiry in any case where the ILO Committee on the Application of Standards devotes a ‘special paragraph’ to a beneficiary country which does not comply with fundamental labour standards.
Amendment 37 #
Proposal for a regulation – amending act Article 20 − paragraph 7 7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee and the European Parliament, take any preventive measure which is strictly necessary.
Amendment 38 #
Proposal for a regulation – amending act Article 22 − paragraph 2 2. Any Member State, or the European Parliament, may refer a decision taken in accordance with Article 20 or 21 to the Council within one month’s time. The Council, acting by qualified majority, may adopt a different decision within one month. Where appropriate, the Council shall inform the requesting country and the European Parliament of its decision.
Amendment 39 #
Proposal for a regulation – amending act Article 25 − point e) e) for the establishment, by 15 December 2008, 15 December 2009 or 15 December 2010 at the latest, of the list of beneficiary countries in accordance with Article 10.
source: PE-405.994
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