COMMISSION DELEGATED REGULATION (EU) No /.. of

Similar documents
COMMISSION IMPLEMENTING DECISION. of

Proposal for a COUNCIL REGULATION. amending Regulation (EU) 2018/120 as regards fishing opportunities for European seabass

Proposal for a COUNCIL REGULATION

COMMISSION DELEGATED REGULATION (EU) /... of

PRESIDENCY WORKING DOCUMENT

Official Journal of the European Union REGULATIONS

154074/EU XXV. GP. Eingelangt am 14/09/17 PE-CONS 25/1/17 REV 1 EUROPEAN UNION. Strasbourg, 13 September 2017 (OR. en) PE-CONS 25/1/17 REV 1

EUROPEAN UNION. Brussels, 23 May 2013 (OR. en) 2011/0364 (COD) PE-CONS 76/12 PECHE 549 ENV 952 CODEC 3067 OC 765

Council of the European Union Brussels, 6 December 2018 (OR. en)

(Non-legislative acts) REGULATIONS

COMMISSION OF THE EUROPEAN COMMUNITIES

Proposal for a COUNCIL REGULATION. fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks

COUNCIL DIRECTIVE 79/409/EC. of 2 April on the conservation of the wild birds

COMMISSION DELEGATED REGULATION (EU)

Proposal for a COUNCIL REGULATION. fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea

DECISION OF THE EEA JOINT COMMITTEE. No 206/2016. of 30 September amending Annex IX (Financial services) to the EEA Agreement [2017/283]

L 198/8 Official Journal of the European Union

Official Journal of the European Union L 248/17

Official Journal of the European Communities. (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2340/2002. of 16 December 2002

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Proposal for a COUNCIL REGULATION

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION. establishing measures for the recovery of the stock of European Eel.

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

13196/16 AS/JGC/sr DGB 2A

Council of the European Union Brussels, 21 April 2017 (OR. en) Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION

Official Journal of the European Union

Official Journal of the European Union. (Legislative acts) REGULATIONS

COMMISSION OF THE EUROPEAN COMMUNITIES

L 57/10 Official Journal of the European Union

(2) Such trade should accordingly be conducted in compliance with Community veterinary rules.

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DIRECTIVE. laying down minimum standards for the protection of calves

Official Journal of the European Union

Avis juridique important 31988L0642

13062/11 LL/tl 1 DG I

8027/15 JDC/cc 1 DPG

COMMISSION DELEGATED REGULATION (EU) /... of

(Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE. of 18 June 1991 on control of the acquisition and possession of weapons

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

10013/16 RP/NC/vm DGB 2B

Official Journal of the European Union. (Legislative acts) REGULATIONS

Official Journal of the European Union L 187/57

(Non-legislative acts) REGULATIONS

Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director

THE GOVERNING BOARD OF THE EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY,

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a ' COUNCIL DECISION

How EU law becomes EEA law Procedures for incorporation of EU acts in the EEA Agreement

COUNCIL REGULATION (EU)

Official Journal of the European Union L 92/3

A8-0251/113. Text proposed by the Commission. Justification

Proposal for cooperation between GRASP and the CMS Gorilla Agreement

Council of the European Union Brussels, 27 November 2018 (OR. en)

L 384/28 Official Journal of the European Union

Official Journal of the European Union L 10/7 DIRECTIVES

Official Journal of the European Union REGULATIONS

Screening report Serbia

EEA AGREEMENT - PROTOCOL 24 p. 1 PROTOCOL 24 { 1 } ON COOPERATION IN THE FIELD OF CONTROL OF CONCENTRATIONS GENERAL PRINCIPLES.

Official Journal of the European Union. (Non-legislative acts) REGULATIONS

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION

IOTC 2016 S20 PropS[E]

Official Journal of the European Union REGULATIONS

Conclusions. on effective waterway infrastructure rehabilitation and maintenance on the Danube and its navigable tributaries. Danube Ministers Meeting

Official Journal of the European Union

COUNCIL REGULATION (EU)

Economic and Social Council

Farm Animals Breeding Act 1

Date: 21 March General observations:

FOR INTERNAL USE ONLY /

AB AMBER GRID RULES FOR NATURAL GAS TRANSMISSION SYSTEM BALANCING I. GENERAL PROVISIONS

Consultation Document

Council CNL(16)31. Annual Progress Report on Actions Taken Under the Implementation Plan for the Calendar Year EU - Finland

A new vision for the Birds Directive & The Positive Role of Hunting

How EU law becomes EEA law

Explanatory Memorandum to The Conservation of Habitats and Species Regulations 2017

Council of the European Union Brussels, 14 April 2015 (OR. en)

DGD 1 EUROPEAN UNION. Brussels, 29 March 2017 (OR. en) 2015/0269 (COD) PE-CONS 62/16 GENVAL 145 JAI 1108 MI 806 COMPET 667 COMIX 848 CODEC 1926

LEGAL BASIS OBJECTIVES ACHIEVEMENTS

Farm Animals Breeding Act 1

All TSOs of the Nordic Capacity Calculation Region Proposal for fallback procedures in accordance with Article 44 of Commission Regulation (EU)

(Non-legislative acts) REGULATIONS

INF.27. Economic Commission for Europe Inland Transport Committee. Pressure receptacles for paintball guns. Introduction

AB AMBER GRID RULES FOR NATURAL GAS TRANSMISSION SYSTEM BALANCING I. GENERAL PROVISIONS

ANNEX ANNEX. Proposal for a Regulation of the European Parliament and of the Council

Original language: English CoP17 Doc CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

INTERNATIONAL DECADE OF OCEAN SCIENCE FOR SUSTAINABLE DEVELOPMENT ( ) OUTLINE

2018 COM Doc. No. COC-303_Appendix 1 / oct.-18 (11:37 )

DRAFT REPORT. EN United in diversity EN. European Parliament 2017/2120(INI)

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Guidance on the compilation of safety data sheets Version 1.0 September Guidance on the compilation of safety data sheets

Identification of Equidae in the European Union

The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

Original language: English CoP17 Doc. 40 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

L 348/20 Official Journal of the European Union

(Non-legislative acts) REGULATIONS

2013 No. 151 ENVIRONMENTAL PROTECTION. The Quality of Bathing Water (Amendment) Regulations (Northern Ireland) 2013

Official Journal of the European Union. (Legislative acts) REGULATIONS

13496/17 AZ/mc 1 DG B 2A

Introduction EFTA and the EEA Agreement

Having regard to the Treaty establishing the European Economic Community, and in particular Article 118 a thereof,

Transcription:

EUROPEAN COMMISSION Brussels, 22.7.2014 C(2014) 5087 final COMMISSION DELEGATED REGULATION (EU) No /.. of 22.7.2014 amending Annex II to Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences EN EN

EXPLANATORY MEMORANDUM 1. CONTEXT OF THE DELEGATED ACT The EU Generalised Scheme of Preferences ('GSP') has assisted, since 1971, developing countries in their efforts to reduce poverty, promote good governance and sustainable development by providing preferential access to the EU market and, consequently, helping them generate additional revenues through international trade. Regulation (EU) No 978/2012 of the European Parliament and the Council 1 ('the GSP Regulation') provides the legal framework for the GSP implementation. It was designed to concentrate GSP preferences on those developing countries most in need: the least developed countries (LDCs) and other low and lower-middle income countries, as a reflection of the current global economic and trade landscape. The list of GSP beneficiaries is established by Annex II to the GSP Regulation. Annex II was last amended by Regulation (EU) No 1421/2013 2, which replaced Regulation (EU) No 154/2013 3. Under Article 5(2) of the GSP Regulation, the Commission has to review Annex II by 1 January of each year. The overall aim is to ensure that GSP is granted to all developing countries which are in a similar stage of economic development and share a common development need. The review should take into account changes in the economic, development or trade conditions of beneficiary countries. When implementing the change, the Commission should also provide for a specific time period for the beneficiary country and economic operators to adapt to the revised country's status under the GSP scheme. The criteria to be granted GSP beneficiary status are laid down in Article 4 of the GSP Regulation. Article 4(1)(b) of the GSP Regulation sets out that GSP preferences should not be extended to developing countries which are benefiting from a preferential market access arrangement with the Union, which provides the same level of tariff preferences as the GSP, or better, for substantially all trade. According to Council Regulation (EC) No 1528/2007, 4 the following countries, among others, are benefitting from a preferential market access arrangement with the Union: the Republic of Botswana, the Republic of Cameroon, the Republic of Côte d Ivoire, the Republic of Fiji, the Republic of Ghana, the Republic of Kenya, the Republic of Namibia, and the Kingdom of Swaziland. Therefore, the abovementioned countries are not listed as GSP beneficiaries in Annex II of the GSP Regulation. By Regulation (EU) No 527/2013, the preferences set by Council Regulation (EC) No 1528/2007 are due to expire on 1 October 2014. Therefore, on 1 October 2014 the abovementioned countries will cease to benefit from a preferential market access arrangement which provides the same or a better level of tariff preferences as the GSP. As a consequence, Article 4(1)(b) of the GSP Regulation will not be applicable anymore and those countries should be treated in the context of the GSP legislation, according to their status. The Republic of Cameroon, the Republic of Côte d Ivoire, the Republic of Fiji, the Republic of Ghana, the Republic of Kenya, and the Kingdom of Swaziland are GSP eligible countries and comply with the requirements of Article 4 of the GSP Regulation to be beneficiaries of 1 2 3 4 OJ L 303 of 31.10.2012, p. 1. OJ L 355, 31.12.2013, p. 1. OJ L 48, 21.2.2013, p. 1. OJ L 348 of 31.12.2007, p. 1. EN 2 EN

the general GSP arrangement. Consequently, the above-mentioned countries should be included in Annex II of the GSP Regulation with application from 1 October 2014. Article 4(1)(a) of the GSP Regulation provides that a country which has been classified by the World Bank as a high or an upper middle-income country for three consecutive years should not benefit from the GSP general arrangement. The Republic of Botswana and the Republic of Namibia have been classified by the World Bank as upper-middle income country, in 2011, 2012 and 2013. Accordingly, the Republic of Botswana and the Republic of Namibia do not fulfill the criteria anymore to benefit from GSP general arrangements. However, Article 4(3) of the GSP Regulation provides that a country that has initialled a bilateral preferential market access arrangement before 20 November 2012 is not covered by the provisions on high or upper-middle income classification of Article 4(1)(a) until 21 November 2014. The Republic of Botswana and the Republic of Namibia had initialled, but not yet applied, such a bilateral preferential market access agreement with the Union before 20 November 2012. Therefore, the application of Article 4(1)(a) shall start only on 21 November 2014. Under Article 5(2)(a) of the GSP Regulation, when a country is removed from the list of beneficiaries, the change should apply as from one year after the date of entry into force of that decision. Therefore, the exclusion of the Republic of Botswana and the Republic of Namibia from the list of beneficiary countries will be effective from 22 November 2015. In order, however, to allow for an update consistent with the yearly update of the Annex II of GSP Regulation, the removal of those two countries should take place on 1 January 2016. The Republic of Botswana and the Republic of Namibia will, therefore, be included in Annex II of the GSP Regulation from 1 October 2014 to 31 December 2015. On 1 January 2016, both countries will be removed from Annex II and they will cease to benefit from the GSP general arrangement. 2. CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT In line with paragraph 4 of the Common Understanding on delegated acts between the European Parliament, the Council and the European Commission, appropriate and transparent consultations, including at expert level, have been carried out on this delegated act. The Commission Expert Group on the Generalised Scheme of Preferences was consulted in the meeting held on 21 May 2014 and via electronic communication during the months of May and June 2014. 3. LEGAL ELEMENTS OF THE DELEGATED ACT Article 5(3) of the GSP Regulation empowers the Commission to adopt delegated acts to amend Annex II to that Regulation. The proposed amendments to Annex II are as follows. The Republic of Cameroon, the Republic of Côte d Ivoire, the Republic of Fiji, the Republic of Ghana, the Republic of Kenya, and the Kingdom of Swaziland should be added to Annex II to the GSP Regulation with application from 1 October 2014. The Republic of Botswana and the Republic of Namibia, should be added to Annex II of the GSP Regulation with application from 1 October 2014 to 31 December 2015. EN 3 EN

COMMISSION DELEGATED REGULATION (EU) No /.. of 22.7.2014 amending Annex II to Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to the European Parliament and Council Regulation (EU) No 978/2012 of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 1, and in particular Article 5(3) thereof, Whereas: (1) Article 4 of Regulation (EU) No 978/2012 ('the GSP Regulation') establishes the criteria for granting tariff preferences under the general arrangement of the Generalised Scheme of Preferences ('GSP'). (2) Article 4(1)(a) of the GSP Regulation provides that a country that has been classified by the World Bank as a high-income or an upper-middle income country for three consecutive years should not benefit from GSP preferences. However, according to Article 4(3) of the GSP Regulation, Article 4(1)(a) should not apply until 21 November 2014 for countries that have initialled a bilateral preferential market access arrangement by 20 November 2012. (3) Article 4(1)(b) of the GSP Regulation provides that a country that benefits from a preferential market access arrangement which provides the same tariff preferences as the GSP, or better, for substantially all trade, should not enjoy GSP preferences. (4) The list of beneficiary countries of the general GSP is established by Annex II to the GSP Regulation. Article 5 of the GSP Regulation lays down that Annex II is to be reviewed by 1 January of each year, to reflect changes in relation to the criteria laid down in Article 4. Furthermore, it provides for a GSP beneficiary country and economic operators to be given sufficient time for an orderly adaptation to the country's GSP status revision. Accordingly, the GSP arrangement is to continue for one year after the date of entry into force of a change in a country's status on the basis of Article 4(1)(a). (5) By Council Regulation (EU) No 1528/2007 2, the Republic of Botswana ('Botswana'), the Republic of Cameroon ('Cameroon'), the Republic of Côte d Ivoire (Côte d Ivoire'), the Republic of Fiji ('Fiji'), the Republic of Ghana ('Ghana'), the Republic of Kenya ('Kenya'), the Republic of Namibia ('Namibia') and the Kingdom of Swaziland ('Swaziland'), among others, are benefitting from a preferential market access arrangement which provides the same level of tariff preferences as, or better than, the 1 2 OJ L 303, 31.10.2012, p. 1. Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (OJ L 348, 31.12.2007, p. 1). EN 4 EN

GSP. In accordance with Article 4(1)(b) of the GSP Regulation, those countries were not included in Annex II since they were already benefitting from such preferential market access. (6) The abovementioned countries are included in Annex I of the GSP Regulation as GSP eligible countries. (7) By Regulation (EU) No 527/2013, as from 1 October 2014, Botswana, Cameroon, Côte d Ivoire, Fiji, Ghana, Kenya, Namibia, and Swaziland cease to be covered by the market access arrangement provided by Regulation (EU) No 1528/2007. These countries are GSP eligible countries as defined by Article 2(c) of the GSP Regulation and, as of 1 October 2014, meet the criteria of Article 4 of the GSP Regulation. Therefore, these countries should be included in Annex II to the GSP Regulation with application from 1 October 2014. (8) Botswana and Namibia have been classified by the World Bank as upper-middle income countries in 2011, 2012 and 2013. Nevertheless, both countries had initialled, but not applied, a bilateral preferential market access with the Union, which provides the same tariff preferences as GSP, or better, for substantially all trade by 20 November 2012. As a consequence, Article 4(1)(a) does not apply to those two countries until 21 November 2014. (9) In accordance with Article 5(2)(a) of the GSP Regulation, the decision to remove a beneficiary country from the list of GSP beneficiary countries shall apply as from one year after the date of entry into force of that decision. However, as a consequence of Article 4(3) of the GSP Regulation, the removal of Botswana and of Namibia cannot be effective before 22 November 2015. Consistently with the yearly update of Annex II to the GSP Regulation, the removal of Botswana and of Namibia from that Annex should be effective as from 1 January 2016. Consequently, Botswana and Namibia should be included in Annex II to the GSP Regulation from 1 October 2014 to 31 December 2015, HAS ADOPTED THIS REGULATION: Article 1 Amendments to Regulation (EU) No 978/2012 Annex II to Regulation (EU) No 978/2012 is amended as follows: (a) the following countries and the corresponding alphabetical codes are inserted under columns A and B, respectively: BW CM CI FJ GH KE NA Botswana Cameroon Côte d Ivoire Fiji Ghana Kenya Namibia EN 5 EN

SZ Swaziland (b) the following countries and the corresponding alphabetical codes are removed from columns A and B, respectively. BW NA Botswana Namibia Article 2 Entry into force and application This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. Article 1(a) shall apply from 1 October 2014. Article 1(b) shall apply from 1 January 2016. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22.7.2014 For the Commission The President José Manuel BARROSO EN 6 EN