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

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dossier COM(2023)426 - Amendment of Regulation 978/2012 applying a scheme of generalised tariff preferences.
document COM(2023)426 EN
date November 22, 2023
 
table>(1)Since 1971, the Union has granted trade preferences to developing countries under its scheme of generalised tariff preferences (the ‘scheme’).
(2)Regulation (EU) No 978/2012 of the European Parliament and of the Council (2) provides for the application of the scheme until 31 December 2023, with the exception of the special arrangement for the least-developed countries, which continues to be applied without any expiry date.

(3)On 22 September 2021, the Commission submitted 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 Council (3) (the ‘proposed successor regulation’). The proposed successor regulation is set to enter into force on 1 January 2024. However, the relevant ordinary legislative procedure is ongoing and there is a risk that it will not be concluded by 31 December 2023. In order to ensure continuity of the application of the scheme, it is necessary to extend the period of application of Regulation (EU) No 978/2012 beyond 31 December 2023 until the moment the proposed successor regulation is adopted and applies.

(4)The extension of the period of application of Regulation (EU) No 978/2012 should provide the time needed for the completion of the legislative procedure for the adoption of the proposed successor regulation. Accordingly, the period of application of Regulation (EU) No 978/2012 should be extended until 31 December 2027. In the event that the proposed successor regulation enters into force and applies before that date, the extension of the period of application of Regulation (EU) No 978/2012 should be shortened appropriately, while providing for an adequate transition period. For reasons of legal certainty, and in order to ensure the continued application of Regulation (EU) No 978/2012, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union and should apply from the day following that of its publication, or, if the publication takes place after 31 December 2023, with retroactive effect from 1 January 2024,