Activities of Samira RAFAELA 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 (44)
Amendment 63 #
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 public plan of action for the effective implementation of the relevant conventions;
Amendment 70 #
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 but not limited to the plan of action, that the requesting country fulfils the conditions laid down in Article 9.
Amendment 102 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriate, consider the human rights and socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 116 #
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and, to promote the sustainable development agenda and to encourage exports diversification from GSP beneficiary countries, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
Amendment 119 #
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”. Together with openness to trade, the scheme should support GSP beneficiary countries to develop a strong industrial base and to create an infrastructure that facilitates access to knowledge and information to foster diversification of trade flows. 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. By prioritising diversification of exports from GSP beneficiary countries, the scheme should focus preferences on less competitive products which should ultimately contribute to sustainable development and poverty eradication. 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 . _________________ 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 126 #
Proposal for a regulation
Recital 6 c (new)
Recital 6 c (new)
(6 c) The Commission, in cooperation with stakeholders and civil society, should monitor the development and export potential of beneficiary countries that could reach the upper middle-income status in the near future and the economic impact of imports under GSP in the Union industry, particularly on competitive products. This monitoring should aim to improve the targeting of sensitive products under the product graduation mechanism, provide clear recommendations on actions to improve export diversification and ensure that tariff preferences under GSP are withdrawn from competitive products in order to provide further opportunities in the Union market for the exports of countries most in need.
Amendment 127 #
Proposal for a regulation
Recital 6 d (new)
Recital 6 d (new)
(6 d) Preferential Trade Agreements by their nature, offer substantially more benefits to parties beyond market access for goods and thus, are significantly more advantageous in commercial terms than unilateral preferences which are limited to goods. Consequently, the scheme's tariff preferences should provide incentives for the swift graduation of beneficiary countries, in accordance with the conditions set in this Regulation, in order to focus on countries most in need and to encourage the conclusion of trade agreements with those most advanced and reaching upper middle-income status.
Amendment 135 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The Union has set ambitious goals to promote sustainable development in its human, social, economic and environmental dimensions, notably through the European Green Deal, the Circular Economy Action Plan, the Farm to Fork Strategy, or in the areas of sustainable corporate governance and de- forestation, which will trigger fundamental changes in trade patterns with relevant impacts on the GSP scheme during the next decade. The GSP could play an important role in promoting trade in sustainably-produced goods, as long as it is compatible with WTO rules, and targeted development and technical assistance should be designed and provided in order to ensure that beneficiary countries can also fully take part in sustainable trade.
Amendment 145 #
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 core international conventions on human and labour rights, climate and environmental protection and good governance, and commit to ensuring the effective implementation thereof. 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 First Optional Protocol of the International Covenant on Civil and Political Rights; the Rome Statute of the International Criminal Court; the Protocol of 2014 to the Forced Labour Convention of 1930; the Occupational Safety and Health convention No 155 and the Promotional Framework for Occupational safety and health convention No 187. Moreover, 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 take a clear commitment and adopt a roadmap with concrete steps towards the ratification and effective implementation of the Second Optional Protocol of the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty. _________________ 18 United 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 161 #
Proposal for a regulation
Recital 18
Recital 18
(18) In July 2020, the Commission appointed the Chief Trade Enforcement Officer with the role of enforcing trade rules. In this connection, in November 2020, the Commission launched a new complaints mechanism, the Single Entry Point (‘SEP’), as part of its increased efforts to strengthen the enforcement and implementation of trade commitments. Through the SEP, the Commission receives complaints on various matters related to trade policy, including breaches of the GSP commitments. The SEP is accessible to citizens, entities, stakeholders or civil society. Such new system of complaints should be integrated within the framework of this Regulation.
Amendment 170 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Safeguards are essential mechanisms to reduce beneficiary countries’ dependency on a few products, to focus preferences on less competitive products and to stimulate economic growth and SMEs. The scheme should reinforce the Union’s financial and economic interests by providing effective and enforceable safeguards to sensitive products which should at the same time improve the implementation of social and environmental rights in beneficiary countries.
Amendment 172 #
Proposal for a regulation
Recital 24
Recital 24
(24) Product graduation should be based on criteria related to sections and chapters of the Common Customs Tariff. Product graduation should apply in respect of a section or sub-section in order to reduce cases where heterogeneous products are graduated. The graduation of a section or a sub-section (made up of chapters) for a beneficiary country should be applied when the section meets the criteria for graduation over 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. Product graduation should not apply to the beneficiary countries of the special incentive arrangement for sustainable development and good governance (GSP+) and the beneficiary countries of the special arrangement for the least-developed countries (EBA) as they share a very similar economic profile rendering them vulnerable because of a low, non-diversified export base.- To prevent the misuse of this clause and ensure a diversified economy, the Commission reserves the right to withdraw this exception from those GSP+ countries whose economy depends from a limited number of products, that in this case could be subject to product graduation according to the criteria set up under the standard GSP arrangement. The tariff preferences provided for in this Regulation apply to products originating in the beneficiary countries in accordance with the rules of origin laid down in the Union Customs Code and the legal acts adopted in accordance with the powers conferred by that Code, in particular Commission Delegated Regulation (EU) 2015/244619 . and Commission Implementing Regulation (EU) 2015/244720 . Regional cumulation between countries of different regional groups and extended cumulation should be granted provided that the applicant beneficiary country brings sufficient evidence that cumulation responds to its development, financing and trade needs, thus leading, amongst others, to economic growth, elimination of poverty, diversification of exports and industrialisation, and provided that it does not impact negatively on the situation of other countries, especially EBA beneficiary countries. When assessing whether granting cumulation responds to the requesting country’s development, financing and trade needs, the Commission should take into account the beneficiary country’s dependency on the supplying country and future perspectives with regard to the products in question. _________________ 19 Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1). 20 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558–893).
Amendment 212 #
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 relating to conditions and reasons referred to in Articles 9 and 19.
Amendment 225 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a 1. The Commission shall monitor, in cooperation with stakeholders and civil society, the development and export potential of Standard GSP beneficiary countries that could reach the upper middle-income status and the economic impact of imports in the Union industry, particularly on competitive products. 2. 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 aspects referred to in paragraph 1 and provide clear recommendations on actions to improve export diversification and ensure that tariff preferences are withdrawn from competitive products.
Amendment 237 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt an implementing act in the year preceding the review year, in accordance with the advisory procedure referred to in Article 39(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. That implementing act shall apply as of 1 January of the year following its entry in force.
Amendment 239 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries listed in Annex I as applicable at that time. However, the value of imports from GSP beneficiary countries, which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.
Amendment 244 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) it has taken a clear commitment and has adopted a roadmap with concrete steps in time and in law towards the ratification and effective implementation of the convention as set in Annex VI, subheading 1a, and the Commission has identified, based on available information, in particular the most recent available conclusions of the monitoring body under this convention, a clear commitment and a concrete roadmap to effectively implement this convention;
Amendment 247 #
(d) it gives a binding undertaking to maintain ratification of the relevant conventions and to ensure the effective implementation thereof, accompanied by a plan of action for the effective implementation of the relevant conventions referred to in Annex VI; the beneficiary country and the Commission shall reach a common understanding on the plan of action, which shall be time-bound and thereafter be made public;
Amendment 251 #
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 but not limited to the plan of action, that the requesting country fulfils the conditions laid down in Article 9.
Amendment 261 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The Commission shall monitor, in cooperation with stakeholders and civil society, the development and export potential of beneficiary countries that could reach the upper middle-income status in the near future and the economic impact of imports under the GSP+ in the Union industry, particularly on competitive products.
Amendment 272 #
Proposal for a regulation
Article 14 – paragraph 2 – point a a (new)
Article 14 – paragraph 2 – point a a (new)
(a a) the development and export potential of beneficiary countries that could reach the upper middle-income status in the near future and the economic impact of imports under GSP+ in the Union industry, particularly on competitive products, and provide clear recommendations on actions to improve export diversification and ensure that tariff preferences are withdrawn from competitive products;
Amendment 280 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 282 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The burden of proof for compliance with its obligations resulting from binding undertakings as referred to in Article 9, points (ba), (d), (e) and (f), and its situation as referred to in Article 9, point (c), shall be on the GSP+ beneficiary country.
Amendment 296 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 320 #
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body; Commission following a Trade Barrier investigation under Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization. For the other unfair trading practices, including - but not limited to – breaches of intellectual property rights, trade distorting investment practices, trafficking and smuggling, breaches of competition rules and any other unfair trading practices that may hinder market access and the national treatment principle, the application of this Article shall be based on a previous determination to that effect under the conditions laid down in Paragraph3;
Amendment 334 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act. Sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article are prima facie deemed to exist in case a trade barrier investigation has already been concluded by the Commission in relation to the unfair trading practices at stake.
Amendment 341 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall provide the beneficiary country concerned with every opportunity to cooperate during the monitoring and evaluation period of six months from the date of publication of the noticmonitoring and evaluation period will be of six months from the date of publication of the notice. During this period, the Commission shall provide the beneficiary country concerned with every opportunity to start engaging and cooperate any time.
Amendment 346 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Within three months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month. This paragraph does not apply in case a trade barrier investigation has already been concluded in relation to the unfair trading practices at stake.
Amendment 348 #
Proposal for a regulation
Article 19 – paragraph 8 – introductory part
Article 19 – paragraph 8 – introductory part
8. Within sixtwo months from the expiry of the period referred to in paragraph 4, point (b)5, the Commission shall decide:
Amendment 360 #
Proposal for a regulation
Article 19 – paragraph 16
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 4, point (b)5 is reduced to 2 months and the deadline referred to in paragraph 8 is reduced to 5 months. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1 point (d) and where the Commission already concluded in a trade barrier investigation that unfair trading practices have taken place, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs 3 to 15. However, the period referred to in paragraph 4, point (b) and paragraph 5 is reduced to 21 months and the deadline referred to in paragraph 8 is reduced to 52 months.
Amendment 372 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. “directly competing products” means a product which, after or prior to an industrial transformation, can be compared to another product.
Amendment 375 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 129 months from its initiation.
Amendment 382 #
Proposal for a regulation
Chapter VI – Section II – title
Chapter VI – Section II – title
II Safeguards in the Textile, Footwear, Leather, Agriculture and Fisheries Sectors
Amendment 385 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
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 Articles 7 and 12 with respect to the products from GSP sections S-11a8a, S-8b, S-11a, S-11b and S-11b2a or to products falling under Combined Nomenclature codes 1006, 1701, 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 and 4302- 1980 where imports of such products, originate in a beneficiary country and their total value:
Amendment 392 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) for products falling under Combined Nomenclature codes 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, and 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 their total value exceeds the share referred to in point 1 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, columns A and B C, during a calendar year
Amendment 396 #
Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(a a) for products falling under Combined Nomenclature codes 1006 and 1701 their total value exceeds the share referred to in point 2 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;
Amendment 400 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) for products under GSP sections S- 11a and S-11b8a, S-8b, S-11a, S-11b and S-12a their total value exceeds the share referred to in point 3 of Annex IV of the value of Union imports of products in GSP sections S-11a8a, S-8b, S-11a, S-11b and S-11b2a from all countries and territories listed in Annex I, columns A and B C, during a calendar year.
Amendment 408 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
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.
Amendment 416 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
By 1 January 2027 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three- wo-year period and all of the preferential arrangements referred to in Article 1(2).
Amendment 419 #
Proposal for a regulation
Annex IV – subheading 1
Annex IV – subheading 1
Modalities for the application of Article 8 and Article 29
Amendment 425 #
Proposal for a regulation
Annex IV – point 1
Annex IV – point 1
1. Article 8 and Article 29 shall apply when the percentage share referred to in paragraph 1 of thatose Articles exceeds 470 %.
Amendment 432 #
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
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 0 %. Article 29 shall apply and for products falling under Combined Nomenclature codes 1006 and 1701 when the percentage share referred to in paragraph 1 of that Article exceeds 10%.
Amendment 435 #
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. Article 8 and Article 29 shall apply for each of the GSP sections S-11a8a, S-8b, S- 11a, S-11b and S-11b2a of Annex III, when the percentage share referred to in paragraph 1 of thatose Articles exceeds 370 %.
Amendment 439 #
Proposal for a regulation
Annex VI – subheading 1 a (new)
Annex VI – subheading 1 a (new)
Convention referred to in Articles 9, point (ba) 1. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989)