Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 17 May 2022
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
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+9 added · −243 removed · 1 changed paragraphs, packaging included.
Part 4 of 7: Paragraphs 133–155
Removed:Article 19 – paragraph 16: 16. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a) and the exceptional gravity of the violations calls for a rapid response in view of the specific circumstances in the beneficiary country, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs (3) to (15). However, the period referred to in paragraph 5 is reduced to 1 months, the deadline referred to in paragraph 8 is reduced to 3 months.
Removed:Article 19 – paragraph 17: 17. Where the Commission decides on temporary withdrawal pursuant to paragraph 16 of this Article, such delegated act is adopted in accordance with Article 37 and shall apply 15 days from its publication in the Official Journal of the European Union.
Removed:Article 24 – paragraph 2: 2. An investigation shall be initiated upon request by a Member State, by the European Parliament, by any legal person or any association not having legal personality, acting on behalf of Union producers, or on the Commission's own initiative if it is apparent to the Commission that there is sufficient prima facie evidence, as determined on the basis of factors referred to in Article 23, to justify such initiation. The request to initiate an investigation shall contain evidence that the conditions for imposing the safeguard measure set out in Article 22(1) are met. The request shall be submitted to the Commission. The Commission shall, as far as possible, examine the accuracy and adequacy of the evidence provided in the request, to determine whether there is sufficient prima facie evidence to justify the initiation of an investigation.
Removed:Article 24 – paragraph 4: 4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 9 months from its initiation.
Removed:Article 24 – paragraph 4 a (new): 4a. The Commission shall adopt public guidelines providing all the relevant information to support Union producers in requesting an initiation of a safeguard investigation, including with regard to the kind of information that is to be provided with a view to determining the existence of serious difficulties to Union producers, or a threat thereof, as referred to Article 22 paragraph 1 and Article 23.
Removed:Article 24 – paragraph 4 b (new): 4b. The Commission shall make available standard questionnaires and forms in all EU official languages that Union producers may submit to the Commission in order to provide evidence that serious difficulties or threat thereof exist.
Removed:Article 24 – paragraph 4 c (new): 4c. With a view to accessing the relevant information and documents in a less costly and more time-saving manner the SME Trade Defence Helpdesk established under Regulation (EU) 2016/1036 shall be made available for safeguard investigations under this Regulation.
Removed:Article 26: Where the facts as finally established show that the conditions set out in Article 22(1) are met, the Commission shall adopt an implementing act to reintroduce the Common Customs Tariff duties in accordance with the advisory procedure referred to in Article 39(2). That implementing act shall enter into force within one month from the date of its publication in the Official Journal of the European Union.
Removed:Article 27: Where the facts as finally established show that the conditions set out in Article 22(1) are not met, the Commission shall adopt an implementing act terminating the investigation in accordance with the advisory procedure referred to in Article 39(2). That implementing act shall be published in the Official Journal of the European Union. If no implementing act is published within the period referred to in Article 24(4), the investigation shall be deemed terminated and any implementing acts adopted pursuant to Article 25 shall automatically expire. Any Common Customs Tariff duties collected as a result of those implementing acts shall be refunded.
Removed:Article 28: Common Customs Tariff duties shall be wholly or partially reintroduced for as long as necessary to counteract the deterioration in the economic or financial situation of Union producers, or for as long as the threat of such deterioration persists. The period of reintroduction shall not exceed four years, unless it is extended in duly justified circumstances. / Whenever there is sufficient prima facie evidence that the lifting of the general safeguard measures would likely result in a continuation or recurrence of serious difficulties for EU producers, the Commission shall consider such a review justified for the purpose of further extending the measures.
Removed:Article 29 – paragraph 1 – introductory part: 1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles7, 12 and 18 with respect to the products falling under Combined Nomenclature codes 100610, 100620, 100630 where imports of such products, originate in a beneficiary country and their total value / (a) exceeds the share referred to in point 3a of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, columns C, during a calendar year / deleted / 2. Paragraph 1 shall not apply to countries with a share for the relevant products referred to in paragraph 1 not exceeding 6 % of total Union imports of the same products.
Removed:Article 29 a (new): Article 29a / 1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles 7 and 12 with respect to the products from GSP sections S-11a, S-11b or to products falling under Combined Nomenclature code 1701 where imports of such products, originate in a beneficiary country and their total value: / (a) for products under GSP sections S-11a and S-11b exceeds the share referred to in point 3 of Annex IV of the value of Union imports of products in GSP sections S-11a and S-11b from all countries and territories listed in Annex I, columns C, during a calendar year. / (b) for products falling under Combined Nomenclature code 1701 the share referred to in point 3a of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, column C, during a calendar year / 2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share for the relevant products referred to in paragraph 1 not exceeding 6 % of total Union imports of the same products. / 3. The removal of the tariff preferences shall become applicable two months after the date of publication of the Commission's act to that effect in the Official Journal of the European Union.
Removed:Article 30 – paragraph 1: Without prejudice to Section I of this Chapter, where imports of products listed in Annex I to the TFEU, such as rice and sugar, cause, or threaten to cause, serious disturbance to Union markets, in particular to one or more of the outermost regions, or those markets' regulatory mechanisms, the Commission, on its own initiative or at the request of a Member State, after consulting the committee for the relevant agriculture or fisheries common market organisation, shall adopt an implementing act in order to suspend the preferential arrangements in respect of the products concerned in accordance with the advisory procedure referred to in Article 39(2).
Removed:Article 32 – paragraph 2: (b) when the evidence provided by Union producers allows the Commission to determine that Imports of products from Chapters 1 to 24 of the Common Customs Tariff as laid down by Regulation (EEC) No 2658/87, under the preferential arrangements granted under this Regulation massively exceed the usual levels of exports from the beneficiary country concerned. The Commission shall clarify which criteria shall be satisfied in order to meet the requirement of “massively exceeding levels”.
Removed:Article 33 – paragraph 3 - point d (new): (d) the cumulation brings a positive impact on regional integration.
Removed:Article 33 – paragraph 4: 4. When assessing if the request is justified in view of specific trade, development and financing needs of the beneficiary country, in particular on the basis of information provided by that country, the Commission shall take into account the level of dependency of the beneficiary country on integrated production with the third countries concerned by the request, the impact of such dependency on the beneficiary country’s sustainable development, the relevance of sectors with such integrated production for the economy of the beneficiary country and future development perspectives with regard to the products in question, including by taking into account any positive impact on poverty eradication, economic diversification and positive impacts on the local populations, and the overall impacts on regional integration.
Removed:Article 33 – paragraph 5: 5. Before the Commission reaches its decision on a request, it shall give the beneficiary country, and other impacted countries notably EBA beneficiaries, the opportunity to present their views.
Removed:Article 33 a (new): Article 33a / Pursuant to the EU Aid for Trade Strategy and development funding instruments, it shall be ensured that the Instrument under Regulation (EU) 2021/947 , including blended finance and guarantees, supports the beneficiary countries in fully utilising the preferences granted by this Regulation, promoting their production capacity, economic and export diversification, notably with regards to sustainable products, value addition and inclusive sustainability.
Removed:Article 35 a (new): Article 35a / The Commission shall hold a regular dialogue with representatives of the civil society and stakeholders in order to review, monitor and assess the implementation of this Regulation, including with regard to the binding undertakings referred to in Article 9, points (d), (e) and (f) and the plans of action submitted in the framework of applications to the GSP+ Scheme. Whenever relevant, the Commission shall adopt public procedures and deadlines for the consultation of civil society and stakeholders.
Removed:Article 35 b (new): Article 35b / In order to enhance the dialogue between the institutions of the Union, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the European Parliament may invite the Commission and, where appropriate, the Council, to appear before the competent committee to discuss in particular the list of issues referred to in article 13 (2b), the application of this Regulation and the need for a temporary withdrawal of preferential arrangements under Article 15 and Article 19.
Removed:Article 40: By 1 January 2027 and every three years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme and the progress made against achieving the objectives and the conditionalities of this Regulation covering the most recent three-year period and all of the preferential arrangements referred to in Article 1(2). The report shall contain the description of the impact and the use of trade preferences, and it shall focus on development and export potential of the most competitive GSP beneficiary countries, in particular those Standard GSP countries that are closer to graduating to Upper-Middle Income status, including with regards to impact on EU industry regarding competitive products. / By 1 January 2029, the Commission shall submit, to the European Parliament and to the Council, a report on the application of this Regulation. Such a report shall in particular: / assess the appropriateness of the product scope against the objectives of development, poverty eradication and economic diversification and in relation to the broader objectives and implementation of the European Green Deal, in line with the evolution of the Union’s normative environment, as well as the opportunity to introduce arrangements in order to facilitate trade in sustainable products as established in relevant EU legislation with the beneficiary countries. / assess the implication of the amendments to the ILO’s Declaration on Fundamental princi…
Removed:Annex IV: Modalities for the application of Article 8, Article 29 and Article 29a / 2. Article 8 shall apply for each of the GSP sections S-2a, S-3 and S-5 of Annex III, when the percentage share referred to in paragraph 1 of that Article exceeds 17,5 % / 3. Article 8 and 29a shall apply for each of the GSP sections S-11a and S-11b of Annex III, when the percentage share referred to in paragraph 1 of that Article exceeds 37 %. / 3a. Article 29 and 29a shall apply for products falling under Combined Nomenclature codes 100610, 100620, 100630, and 1701 when the percentage share referred to in paragraph 1 of those Articles exceeds 10 %.
Removed:Annex VI new: 1a. Rome Statute of the International Criminal Court (1998) / 3a. First Optional Protocol to the International Covenant on Civil and Political Rights (1966) / 3b. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989)