Considerations on COM(2023)426 - Amendment of Regulation 978/2012 applying a scheme of generalised tariff preferences

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(1) Since 1971, the Community has granted trade preferences to developing countries under its Generalised Scheme of Preferences.

(2) Regulation (EU) No 978/2012 of the European Parliament and of the Council5provides for the application of the scheme of generalised tariff preferences ('the scheme') until 31 December 2023 except for the special arrangement for the least-developed countries to which such expiry date does not apply.

(3) On 22 September 2021 the European Commission adopted a 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 Council6. The proposed Regulation is set to enter into force on 1 January 2024. The ordinary legislative procedure is ongoing and there is a risk that it will not be concluded by 31 December 2023. It is therefore necessary to propose an extension of Regulation (EU) No 978/2012 to ensure continuity in the operation of the scheme beyond 31 December 2023 until the moment a successor Regulation is adopted and applies.

(4) The period of extension of the current Regulation should provide the time needed for the legislative process for the adoption of the new Regulation. Accordingly, the period of application of Regulation (EU) No 978/2012 should be extended until 31 December 2027. In case the Regulation based on Commission Proposal COM(2021)579 becomes applicable before that date, the extension of the period of application of Regulation (EU) No 978/2012 should be correspondingly shortened, while providing an adequate transition period. To ensure the continued application of Regulation (EU) No 978/2012, if the publication of this Regulation takes place after 31 December 2023, it should apply retroactively from 1 January 2024.