2010/0140(COD)

System of generalised tariff preferences GSP: extension of the validity of the current scheme to 31 December 2013 (amend. Regulation (EC) No 732/2008)

Procedure completed

General
Activities
Documents
Votes
Amendments (5)
History

2010/0140(COD) System of generalised tariff preferences GSP: extension of the validity of the current scheme to 31 December 2013 (amend. Regulation (EC) No 732/2008)

Role	Committee	Rapporteur	Shadows
Opinion	DEVE	JOLY Eva (Verts/ALE)
Lead	INTA	SCHOLZ Helmut (GUE/NGL)	GLATTFELDER Béla (EPP), MOREIRA Vital (S&D), RINALDI Niccolò (ALDE)

Lead committee dossier: INTA/7/03027
Legal Basis TFEU TFEU 207-p2

Subjects

6.30.01 Generalised scheme of tariff preferences, rules of origin

Links

Activites

2011/05/31 Final act published in Official Journal
- Regulation 2011/512
- OJ L 145 31.05.2011, p. 0028
2011/05/11 Final act signed
2011/05/11 End of procedure in Parliament
2011/04/14 Act adopted by Council after Parliament's 1st reading
#3084
2011/04/14 Council Meeting
2011/03/24 Text adopted by Parliament, 1st reading/single reading
- T7-0105/2011 summary
  
  The European Parliament adopted by 598 votes to 5, with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011. It adopted its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.
- Results of vote in Parliament
2011/03/23 Debate in Parliament
2011/03/07 Committee report tabled for plenary, 1st reading/single reading
- A7-0051/2011
- DEVE JOLY Eva Verts/ALE
- INTA INTA/7/03027 SCHOLZ Helmut GUE/NGL
2011/03/03 Vote in committee, 1st reading/single reading
- DEVE JOLY Eva Verts/ALE
- INTA INTA/7/03027 SCHOLZ Helmut GUE/NGL
2010/12/09 Deadline Amendments
2010/11/18 Committee draft report
- PE452.776
2010/06/15 Committee referral announced in Parliament, 1st reading/single reading
- DEVE JOLY Eva Verts/ALE
- INTA INTA/7/03027 SCHOLZ Helmut GUE/NGL
2010/05/26 EP officialisation
2010/04/14 Legislative proposal
- COM(2010)0142 summary
  
  PURPOSE: to extend Council Regulation (EC) No 732/2008 until 31 December 2013. PROPOSED ACT: Regulation of the European Parliament and of the Council. LEGAL BASE: Article 207(2) of the Treaty on the Functioning of the EU. BACKGROUND: the European Union grants trade preferences to developing countries in the framework of the generalised system of preferences (the GSP). The GSP is implemented through successive Regulations applying a scheme of generalised tariff preferences with a period of application of three years at a time. The current scheme is established by Council Regulation (EC) No 732/2008 which will expire on 31 December 2011. After this date operation of the GSP will lapse unless appropriate legislative action is taken to ensure continuity. The remaining period of application of the GSP Regulation is insufficient to permit the preparation of a Commission proposal on a successor regulation through the ordinary legislative procedure. It is, however, desirable to ensure continuity in the operation of the scheme beyond 31 December 2011. The consequences of any discontinuity in legal cover for GSP would be that all imports under GSP would revert to standard most favoured nation treatment, except for those from least developed countries which would be covered by the Everything But Arms (EBA) regime. IMPACT ASSESSMENT: no impact assessement was carried out. CONTENT: in parallel to the work on the next GSP Regulation, it is proposed to maintain the current Regulation beyond 31 December 2011 with minimum changes until such time as a successor Regulation is agreed and enters into force. Given prevailing uncertainties about the time it will take to complete the legislative process on a successor Regulation, it is proposed to extend the validity of the current GSP Regulation until 31 December 2013. This should create an adequate window for the successor Regulation to be prepared and agreed with sufficient notice for economic operators and beneficiary countries to make themselves ready for any changes made without running the risk that an open-ended extension would in effect perpetuate the status quo and delay opportune reforms in the scheme. This proposal amends only those elements of Regulation (EC) No 732/2008 which are necessary for the extension of its validity to 31 December 2013. No changes are proposed to the graduation of specific product sections in respect of individual beneficiaries as already provided for in the current Regulation. The proposal introduces adjustments to permit developing countries which fulfil the criteria for being eligible for the special incentive arrangement for sustainable development and good governance (GSP+) to benefit from the additional tariff preferences under this agreement if, upon their request by 31 October 2011 or 30 April 2013, the Commission decides to grant them the special incentive arrangement respectively by 15 December 2011 or 15 June 2013. Developing countries which have already been granted benefits under the special incentive arrangement as a result of the relevant Commission Decisions of December 2008 and June 2010 should retain that status during the extension of the present scheme. Commission Decision 2008/938/EC on the list of beneficiary countries which qualify for GSP+ limited the period of validity of this preferential treatment from 1 January 2009 to 31 December 2011. Comitology: Council Regulation (EC) No 732/2008 contains certain powers reserved to the Council which are not based on Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission2. The Commission will make a proposal which will revise all such procedures in the common commercial policy in the light of the system of implementing acts set out in Article 291 of the Treaty on the Functioning of the European Union and the regulation on the rules and general principles concerning the Commission's exercise of the implementing powers adopted on the basis of Article 291(3). That proposal will also address Articles 16(4), 19(4) and (5) and 22(2) of the present Regulation. It will be presented as soon as possible and will follow the adoption by the Commission on 9 March 2010 of its proposal on the rules and general principles concerning the Commission's exercise of its implementing powers. FINANCIAL IMPLICATIONS: the proposal on the extension of the current GSP Regulation does not incur costs charged to the EU budget. Its application would also not entail any loss of customs revenue compared to the current situation.
- DG Trade, DE GUCHT Karel

Documents

Legislative proposal published: COM(2010)0142
Committee draft report: PE452.776
Committee report tabled for plenary, 1st reading/single reading: A7-0051/2011
Decision by Parliament, 1st reading/single reading: T7-0105/2011
Results of vote in Parliament: Results of vote in Parliament
: Regulation 2011/512
: OJ L 145 31.05.2011, p. 0028

Votes

A7-0051/2011 - Helmut Scholz - Single vote

2011/03/24

Position	Total	ALDE	ECR	EFD	GUE/NGL	NI	PPE	S&D	Verts/ALE	correctional
For	598	67	49	15	23	9	223	161	51	5
Against	5	0	0	0	0	5	0	0	0	0
Abstain	16	1	0	8	1	5	1	0	0	0

Amendments	Dossier
5	2010/0140(COD) System of generalised tariff preferences GSP: extension of the validity of the current scheme to 31 December 2013 (amend. Regulation (EC) No 732/2008) 2010/12/13 INTA 5 amendments... Amendment 29 # Helmut SCHOLZ Proposal for a regulation – amending act Article 1 - point 3 b (new) Regulation (EC) No 732/2008 Article 10 - paragraph 3 - introductory part ~~Where a country is granted the special incentive arrangement, t~~(3b) In Article 10(3), the introductory part is replaced by the following: “3. The Commission shall notify the requesting country of a decision taken in accordance with paragraph 2. Where a country is granted the special incentive arrangement, it shall be informed of the date on which that decision enters into force. The Commission shall amend Annex I, Column E, listing the countries benefiting from the special incentive arrangement for sustainable development and good governance~~. This will ensure legal certainty.~~:”. Or. enJustification Amendment 30 # Helmut SCHOLZ Proposal for a regulation – amending act Article 1 - point 4 d (new) Regulation (EC) No 732/2008 Article 16 - paragraph 3 - point a ~~Being a delegated act, the Commission is obliged to inform the European Parliament and the Council, therefore this provision becomes superfluous.~~(4d) In Article 16(3), point (a) is deleted. Or. enJustification Amendment 31 # Helmut SCHOLZ Proposal for a regulation – amending act Article 1 - point 4 j (new) Regulation (EC) No 732/2008 Article 17 - paragraph 1 ~~Since the entry into force of the Lisbon Treaty,~~(4j) In Article 17, paragraph 1 is replaced by the following: “1. Where the European Parliament ~~and~~, the Co~~uncil act jointly in accordance with the ordinary legislative procedure, to adopt measures defining the framework for implementing~~mmission or a Member State receives information that may justify temporary withdrawal and where the European Parliament, the Commission or a Member State considers that there are sufficient grounds for an investigation, the Commission shall inform the European Parliament and the cComm~~on commercial policy.~~ittee referred to in Article 27 and request consultations. The consultations shall take place within one month.” Or. enJustification Amendment 32 # Helmut SCHOLZ Proposal for a regulation – amending act Article 1 – point 4 o a (new) Regulation (EC) No 732/2008 Article 21 ~~The advisory procedure should apply.~~(4oa) Article 21 is replaced by the following: "Article 21 Where imports of products included in Annex I to the Treaty cause, or threaten to cause, serious disturbance to Community markets, in particular to one or more of the outermost regions, or these markets’ regulatory mechanisms, the Commission, on its own initiative or at the request of a Member State, may, in accordance with the procedure referred to in Article 27(5), suspend the preferential arrangements in respect of the products concerned after consulting the management committee for the relevant common market organisation." Or. enJustification Amendment 33 # Helmut SCHOLZ Proposal for a regulation – amending act Article 1 - point 4 r a (new) Regulation (EC) No 732/2008 Article 27 - paragraph 4 (4 ra) In Article 27, paragraph 4 is deleted. source: PE-454.600

Amendments

Dossier

2010/0140(COD) System of generalised tariff preferences GSP: extension of the validity of the current scheme to 31 December 2013 (amend. Regulation (EC) No 732/2008)

2010/12/13 INTA 5 amendments...

Amendment 29 #

Helmut SCHOLZ

Proposal for a regulation – amending act
Article 1 - point 3 b (new)

Regulation (EC) No 732/2008
Article 10 - paragraph 3 - introductory part

~~Where a country is granted the special incentive arrangement, t~~(3b) In Article 10(3), the introductory part is replaced by the following: “3. The Commission shall notify the requesting country of a decision taken in accordance with paragraph 2. Where a country is granted the special incentive arrangement, it shall be informed of the date on which that decision enters into force. The Commission shall amend Annex I, Column E, listing the countries benefiting from the special incentive arrangement for sustainable development and good governance~~. This will ensure legal certainty.~~:”. Or. enJustification

Amendment 30 #

Helmut SCHOLZ

Proposal for a regulation – amending act
Article 1 - point 4 d (new)

Regulation (EC) No 732/2008
Article 16 - paragraph 3 - point a

~~Being a delegated act, the Commission is obliged to inform the European Parliament and the Council, therefore this provision becomes superfluous.~~(4d) In Article 16(3), point (a) is deleted. Or. enJustification

Amendment 31 #

Helmut SCHOLZ

Proposal for a regulation – amending act
Article 1 - point 4 j (new)

Regulation (EC) No 732/2008
Article 17 - paragraph 1

~~Since the entry into force of the Lisbon Treaty,~~(4j) In Article 17, paragraph 1 is replaced by the following: “1. Where the European Parliament ~~and~~, the Co~~uncil act jointly in accordance with the ordinary legislative procedure, to adopt measures defining the framework for implementing~~mmission or a Member State receives information that may justify temporary withdrawal and where the European Parliament, the Commission or a Member State considers that there are sufficient grounds for an investigation, the Commission shall inform the European Parliament and the cComm~~on commercial policy.~~ittee referred to in Article 27 and request consultations. The consultations shall take place within one month.” Or. enJustification

Amendment 32 #

Helmut SCHOLZ

Proposal for a regulation – amending act
Article 1 – point 4 o a (new)

Regulation (EC) No 732/2008
Article 21

~~The advisory procedure should apply.~~(4oa) Article 21 is replaced by the following: "Article 21 Where imports of products included in Annex I to the Treaty cause, or threaten to cause, serious disturbance to Community markets, in particular to one or more of the outermost regions, or these markets’ regulatory mechanisms, the Commission, on its own initiative or at the request of a Member State, may, in accordance with the procedure referred to in Article 27(5), suspend the preferential arrangements in respect of the products concerned after consulting the management committee for the relevant common market organisation." Or. enJustification

Amendment 33 #

Helmut SCHOLZ

Proposal for a regulation – amending act
Article 1 - point 4 r a (new)

Regulation (EC) No 732/2008
Article 27 - paragraph 4

(4 ra) In Article 27, paragraph 4 is deleted.

source: PE-454.600

History

(these mark the time of scraping, not the official date of the change)

2012-02-09

activities	added	date 2010-04-14 docs url http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=0142 text PURPOSE: to extend Council Regulation (EC) No 732/2008 until 31 December 2013. PROPOSED ACT: Regulation of the European Parliament and of the Council. LEGAL BASE: Article 207(2) of the Treaty on the Functioning of the EU. BACKGROUND: the European Union grants trade preferences to developing countries in the framework of the generalised system of preferences (the GSP). The GSP is implemented through successive Regulations applying a scheme of generalised tariff preferences with a period of application of three years at a time. The current scheme is established by Council Regulation (EC) No 732/2008 which will expire on 31 December 2011. After this date operation of the GSP will lapse unless appropriate legislative action is taken to ensure continuity. The remaining period of application of the GSP Regulation is insufficient to permit the preparation of a Commission proposal on a successor regulation through the ordinary legislative procedure. It is, however, desirable to ensure continuity in the operation of the scheme beyond 31 December 2011. The consequences of any discontinuity in legal cover for GSP would be that all imports under GSP would revert to standard most favoured nation treatment, except for those from least developed countries which would be covered by the Everything But Arms (EBA) regime. IMPACT ASSESSMENT: no impact assessement was carried out. CONTENT: in parallel to the work on the next GSP Regulation, it is proposed to maintain the current Regulation beyond 31 December 2011 with minimum changes until such time as a successor Regulation is agreed and enters into force. Given prevailing uncertainties about the time it will take to complete the legislative process on a successor Regulation, it is proposed to extend the validity of the current GSP Regulation until 31 December 2013. This should create an adequate window for the successor Regulation to be prepared and agreed with sufficient notice for economic operators and beneficiary countries to make themselves ready for any changes made without running the risk that an open-ended extension would in effect perpetuate the status quo and delay opportune reforms in the scheme. This proposal amends only those elements of Regulation (EC) No 732/2008 which are necessary for the extension of its validity to 31 December 2013. No changes are proposed to the graduation of specific product sections in respect of individual beneficiaries as already provided for in the current Regulation. The proposal introduces adjustments to permit developing countries which fulfil the criteria for being eligible for the special incentive arrangement for sustainable development and good governance (GSP+) to benefit from the additional tariff preferences under this agreement if, upon their request by 31 October 2011 or 30 April 2013, the Commission decides to grant them the special incentive arrangement respectively by 15 December 2011 or 15 June 2013. Developing countries which have already been granted benefits under the special incentive arrangement as a result of the relevant Commission Decisions of December 2008 and June 2010 should retain that status during the extension of the present scheme. Commission Decision 2008/938/EC on the list of beneficiary countries which qualify for GSP+ limited the period of validity of this preferential treatment from 1 January 2009 to 31 December 2011. Comitology: Council Regulation (EC) No 732/2008 contains certain powers reserved to the Council which are not based on Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission2. The Commission will make a proposal which will revise all such procedures in the common commercial policy in the light of the system of implementing acts set out in Article 291 of the Treaty on the Functioning of the European Union and the regulation on the rules and general principles concerning the Commission's exercise of the implementing powers adopted on the basis of Article 291(3). That proposal will also address Articles 16(4), 19(4) and (5) and 22(2) of the present Regulation. It will be presented as soon as possible and will follow the adoption by the Commission on 9 March 2010 of its proposal on the rules and general principles concerning the Commission's exercise of its implementing powers. FINANCIAL IMPLICATIONS: the proposal on the extension of the current GSP Regulation does not incur costs charged to the EU budget. Its application would also not entail any loss of customs revenue compared to the current situation. celexid CELEX:52010PC0142:EN type Legislative proposal published title COM(2010)0142 body EC commission DG Trade Commissioner DE GUCHT Karel type Legislative proposal body EP date 2010-05-26 type EP officialisation date 2010-06-15 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP responsible False committee DEVE date 2010-06-22 committee_full Development rapporteur group Verts/ALE name JOLY Eva body EP shadows group EPP name GLATTFELDER Béla group S&D name MOREIRA Vital group ALDE name RINALDI Niccolò responsible True committee INTA date 2010-06-01 committee_full International Trade rapporteur group GUE/NGL name SCHOLZ Helmut date 2010-11-18 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE452.776 type Committee draft report title PE452.776 body EP type Committee draft report body EP date 2010-12-09 type Deadline Amendments date 2011-03-03 text The Committee on International Trade adopted the report drafted by Helmut SCHOLZ (GUE/NGL, DE) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011. It recommended that the European Parliament adopt its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal. body EP committees body EP responsible False committee DEVE date 2010-06-22 committee_full Development rapporteur group Verts/ALE name JOLY Eva body EP shadows group EPP name GLATTFELDER Béla group S&D name MOREIRA Vital group ALDE name RINALDI Niccolò responsible True committee INTA date 2010-06-01 committee_full International Trade rapporteur group GUE/NGL name SCHOLZ Helmut type Vote in committee, 1st reading/single reading date 2011-03-07 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0051&language=EN type Committee report tabled for plenary, 1st reading/single reading title A7-0051/2011 body EP committees body EP responsible False committee DEVE date 2010-06-22 committee_full Development rapporteur group Verts/ALE name JOLY Eva body EP shadows group EPP name GLATTFELDER Béla group S&D name MOREIRA Vital group ALDE name RINALDI Niccolò responsible True committee INTA date 2010-06-01 committee_full International Trade rapporteur group GUE/NGL name SCHOLZ Helmut type Committee report tabled for plenary, 1st reading/single reading date 2011-03-23 body EP type Debate in Parliament date 2011-03-24 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-0105 text The European Parliament adopted by 598 votes to 5, with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011. It adopted its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal. type Decision by Parliament, 1st reading/single reading title T7-0105/2011 url http://www.europarl.europa.eu/oeil/popups/sda.do?id=19730&l=en type Results of vote in Parliament title Results of vote in Parliament body EP type Text adopted by Parliament, 1st reading/single reading date 2011-04-14 body type Act adopted by Council after Parliament's 1st reading date 2011-04-14 body CSL type Council Meeting council Agriculture and Fisheries meeting_id 3084 date 2011-05-11 body type Final act signed date 2011-05-11 body EP type End of procedure in Parliament date 2011-05-31 text PURPOSE: to extend Council Regulation (EC) No 732/2008 applying a system of generalised scheme of preferences (GSP) until 31 December 2013. LEGISLATIVE ACT: Regulation (EU) No 512/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011. BACKGROUND: since 1971, the Union has granted trade preferences to developing countries in the framework of its Generalised Scheme of Preferences ('GSP'). The GSP has been implemented through successive Regulations applying a scheme of generalised tariff preferences ('the scheme') with periods of application usually of three years at a time. The current scheme was established by Council Regulation (EC) No 732/2008 and applies until 31 December 2011. Future improvements to the scheme should be based on a Commission proposal for a new regulation ('the next Regulation') which should take into account relevant considerations relating to the effectiveness of Regulation (EC) No 732/2008 in achieving the objectives of the scheme. The remaining period of application of Regulation (EC) No 732/2008 is insufficient to allow for the Commission to draw up a proposal and the subsequent adoption of the next Regulation in accordance with the ordinary legislative procedure. It is however desirable to ensure continuity in the operation of the scheme beyond 31 December 2011 until such time as the next Regulation is adopted and applies. CONTENT: this Regulation amends those aspects Of Regulation (EC) No 732/2008 that are necessary for the extension of it period of application until 31 December 2013. The Regulation also contains provisions that have been amended whereby developing countries that fulfil the criteria for being eligible for the special incentive arrangement for sustainable development and good governance (GSP+) should be able to benefit from the additional tariff preferences under that arrangement if, upon their request by 31 October 2011 or 30 April 2013, the Commission decides to grant them the special incentive arrangement by 15 December 2011 or 15 June 2013 respectively. Developing countries which have already been granted benefits under the special incentive arrangement as a result of Commission Decisions of 9 December 2008 and 9 June 2010 on the beneficiary countries should keep this statute through the period of the extension of the current scheme. Commission Decision 2008/938/EC of 9 December 2008 concerns a list of the beneficiary countries which qualify for GSP+ had limited the validity of this preferential regime from 1 January 2009 to 31 December 2011. ENTRY INTO FORCE : 20.06.2011. type Final act published in Official Journal docs url http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011R0512 title Regulation 2011/512 url http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2011:145:SOM:EN:HTML title OJ L 145 31.05.2011, p. 0028
committees	added	body EP responsible False committee DEVE date 2010-06-22 committee_full Development rapporteur group Verts/ALE name JOLY Eva body EP shadows group EPP name GLATTFELDER Béla group S&D name MOREIRA Vital group ALDE name RINALDI Niccolò responsible True committee INTA date 2010-06-01 committee_full International Trade rapporteur group GUE/NGL name SCHOLZ Helmut
links	added	National parliaments url http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2010&number=0140&appLng=EN title IPEX European Commission url http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2010&DocNum=0140 title PreLex
other	added	body EC dg Trade commissioner DE GUCHT Karel
procedure	added	dossier_of_the_committee INTA/7/03027 reference 2010/0140(COD) subtype Legislation legal_basis Treaty on the Functioning of the EU TFEU 207-p2 stage_reached Procedure completed instrument Regulation title System of generalised tariff preferences GSP: extension of the validity of the current scheme to 31 December 2013 (amend. Regulation (EC) No 732/2008) type COD - Ordinary legislative procedure (ex-codecision) final url http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011R0512 title Regulation 2011/512 subject 6.30.01 Generalised scheme of tariff preferences, rules of origin

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2010/0140(COD)

Activites

Documents

Votes

A7-0051/2011 - Helmut Scholz - Single vote

History

	DEVE	INTA
Lead Rapporteur		SCHOLZ Helmut (GUE/NGL)
Opinion Rapporteur(s)	JOLY Eva (Verts/ALE)