30 Amendments of Carles PUIGDEMONT I CASAMAJÓ related to 2021/0297(COD)
Amendment 107 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since 1971, the Community has granted trade preferences to developing countries under its Generalised Scheme of Preferences (‘GSP’). Since then, the GSP has covered more than 60 countries, especially developing nations, counting more than 1,7 billion people all over the world. The GSP is a key commercial instrument of the Union to promote human rights, democracy, the rule of law, good governance, gender equality, and sustainable development.
Amendment 109 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union's common commercial policy shall be guided by the principles and pursue the objectives set out in the general provisions on the Union's external action, laid down in Article 21 of the Treaty on European Union (TEU). Therefore, the Union should safeguard its values and principles both inside and outside of its territories, be coherent, set standards, and prioritise full-fledged democracies respecting the rule of law when opening negotiations for any type of economic and trading partnership.
Amendment 113 #
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 17.12s 1 ('No Poverty') and 17.12 ('Realisation of duty- free and quota-free market access on a lasting basis for all least developed countries under WTO rules') and to promote the sustainable development agenda, 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 122 #
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 both inside and outside its territories. 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 . Finally, the revised GSP should present strengthened tools to foster positive conditionality, regarded as incentives to actively encourage the beneficiary countries to ratify international conventions to which both the Union and the beneficiary are attached to. _________________ 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 130 #
Proposal for a regulation
Recital 7
Recital 7
(7) By providing preferential access to the Union market, the scheme should assist developing countries in their efforts to reduce poverty and achieve and promote good governance and sustainable development by helping them to generate additional revenue through international trade, which can then be re-invested for the benefit of their own sustainable development and, in addition, to diversify their economies. The scheme's tariff preferences should focus on those developing countries that have greater development, trade and financial needs. Beneficiary countries that show an honest and sincere will to reform their political system to more democratic procedures should be always prioritised.
Amendment 136 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The Union has set a series of strategies to reach a carbon-neutral, digital and equal future during the first half of the 21st century, namely its Green Deal, the Circular Economy Action Plan, the Farm to Fork Strategy, its Digital strategy, new sustainable corporate governance standards, and de- forestation and the Biodiversity 2030 Strategy. The best lessons learned from these strategies should be presented to beneficiary countries, without mandatory application by them, in order for them to implement the most suitable lessons in their economic and social systems. Accordingly, the Union should take note of these implementations and record them in order to revise the scheme for the beneficiary.
Amendment 143 #
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 and their own regional integration processes.
Amendment 144 #
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. 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. Moreover, this arrangement should not be applied in the event those countries repeatedly show that they fail to ratify the international conventions covered by this Regulation.
Amendment 150 #
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. LDCs should be monitored by the Commission in their progress towards the ratification of international conventions covered by this Regulation. The Commission could structure a distributed ledger technology (DLT) as a base to share good practices among LDCs, the Union, the WTO, UNCTAD and partnering stakeholders.
Amendment 156 #
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 examining the relevant information, in particular where available the conclusions and recommendations of the relevant monitoring bodies established under those conventions. 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. The Commission, together with the External Action Service, and the Parliament should send missions to the ground to assess, in a transparent and accountable manner, the implementation of such plans. The Commission and the Parliament should make their final reports on this assessment, explaining their findings and recommendations. Finally, the Delegations of the Union in beneficiary countries should assist these missions as well as the overall implementation of this Regulation.
Amendment 157 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
Amendment 158 #
Proposal for a regulation
Recital 17
Recital 17
(17) For the purposes of monitoring of implementation and, where applicable, withdrawal of tariff preferences, reports from relevant monitoring bodies are essential. However, such reports may be supplemented by other information available to the Commission, including information obtained under bilateral or multilateral technical assistance programmes, and through other sources of information, provided they are accurate and reliable. This could include information from the European Parliament and the Council, related Union agencies, national and regional governments, international organisations, civil society, social partners, or complaints received through the SEP provided they satisfy the relevant requirements. These stakeholders could use a database set up and managed by the Commission to include their findings. Shortcomings identified during the monitoring process may inform the Commission’s future programming of development assistance in a more targeted manner. The Parliament should provide for yearly reports on the matter.
Amendment 174 #
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.- 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. Moreover, regional cumulation should support regional integration. 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 195 #
Proposal for a regulation
Recital 31
Recital 31
(31) The advisory procedure should be used for the adoption of implementing acts on suspension from the tariff preferences of certain GSP sections in respect of beneficiary countries and on the initiation of a temporary withdrawal procedure, taking into account the nature and impact of those acts. Finally, the advisory procedure should end with the publication of a list of sustainability certification schemes that recognise products as 'sustainable'.
Amendment 198 #
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission should report regularly to the European Parliament and to the Council on the effects of the scheme under this Regulation through the relevant institutional committees. By 1 January 2030, the Commission should report to the European Parliament and to the Council on the mid-term application of this Regulation and assess the need to review the scheme. The report is necessary to analyse the impact of the scheme on the development, trade andeconomic diversification and modernisation, democratic reforms, poverty eradication, gender equality, but especially sustainable development, trade, financial needs of beneficiaries, as well as on bilateral trade and on the Union's tariff income, with particular attention to the sustainable development goals. The Parliament should make its own report.
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘complaint’ means a complaint, either public or anonymous, submitted to the Commission through the Single Entry Point. by citizens, civil society stakeholders, or for-profit organisations from the Union or from the beneficiary countries covered by the schemes referred to in Article 1 paragraph 2 and relating to conditions and reasons referred to in Articles 9 and 19;
Amendment 217 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) the beneficiary countries show an honest and sincere will to reform their political system to more democratic procedures;
Amendment 218 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Commission shall prioritise those beneficiary countries that show an honest and sincere will to reform their political system to more democratic procedures, who take visible steps towards economic diversification and sustainable development, and that take measure to improve gender equality. This provision shall not exclude all those beneficiary countries covered by the schemes referred to in Article 1 paragraph 2 and relating to conditions and reasons referred to in Articles 9 and 19.
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Points (a), (b) and (bc) of paragraphs 1 and 2 shall notalso apply to least-developed countries, as identified by the United Nations.
Amendment 249 #
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) it accepts without reservation the reporting requirements imposed by any of the relevant conventions and gives a binding undertaking to accept regular monitoring and review, by monitoring bodies such as the Commission and the Parliament, of its implementation record in accordance with the provisions of the relevant conventions;
Amendment 256 #
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 examine all relevant information, in particular the conclusions and recommendations of the relevant monitoring bodies. The Parliament shall issue an annual report on the GSP.
Amendment 259 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The Commission, together with the External Action Service, and the Parliament shall send missions to the ground to assess, in a transparent and accountable manner, the implementation of the plans set up by the scheme in the beneficiary country. The Delegations of the Union in beneficiary countries shall assist these missions as well as the overall implementation of this Regulation.
Amendment 273 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – introductory part
Article 14 – paragraph 2 – point b – introductory part
(b) the Commission's and where appropriate the European External Action Service’s conclusions on whether each GSP+ beneficiary country respects its binding undertakings to comply with reporting obligations, to cooperate with relevant monitoring bodies in accordance with the relevant conventions and to ensure the effective implementation thereof, including from civil society organisations and social partners from the Union and the beneficiary countries;
Amendment 274 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The Parliament shall also make its own report, whose assessment and recommendations shall be taken into account by the Commission.
Amendment 277 #
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 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 national and, where applicable, regional governments and international organisations, civil society, and social partners.
Amendment 278 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission shall set up special domestic advisory groups for GSP beneficiary countries, in order for them to assist the Commission in reviewing, monitoring and assessing their progress in achieving the objectives set up by their respective scheme. Members of the Committee on International Trade of the Parliament shall be also present in these groups.
Amendment 288 #
6. The Commission shall seek all information it considers necessary including, inter alia, the conclusions and recommendations of the relevant monitoring bodies and information provided by the Parliament, civil society organisations and social partners. In drawing its conclusions, the Commission shall assess all relevant information.
Amendment 295 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers, in close cooperation with the Parliament and the Council, 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 socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 298 #
Proposal for a regulation
Article 15 – paragraph 10 a (new)
Article 15 – paragraph 10 a (new)
10 a. A temporary withdrawal shall not mean that the Commission ends all dialogue with the beneficiary country. The Commission, together with the External Action Service, the Parliament and relevant civil society stakeholders or social partners involved, shall set up a dialogue procedure with the government of the beneficiary country with the aim to re-establish the scheme as soon as the beneficiary country complies with the provisions set up in its scheme with the Union.
Amendment 303 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. The Commission, the External Action Service, and the Parliament shall ensure that countries benefitting from the special arrangement referred to in paragraph 1 make continued and sustained progress towards ratifying the conventions listed in Annex VI and towards the adoption of National Action Plans 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, as well as with the ILO Conventions, especially Convention 29 on Forced Labour and 182 on Child Labour.