Council Regulation (EC) No 2211/2003 of 15 December 2003 amending Regulation (EC) No 2501/2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 and extending it to 31 December 2005
Date: 2003-12-15
Institutions: Council of the European Union
Subjects: generalised preferences, import (EU), third country, trade policy

19.12.2003

EN

Official Journal of the European Union

L 332/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2211/2003

of 15 December 2003

amending Regulation (EC) No 2501/2001 applying a scheme of generalised tariff preferences for
the period from 1 January 2002 to 31 December 2004 and extending it to 31 December 2005

THE COUNCIL OF EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the Commission proposal,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Whereas:

(1)

(2)

(3)

Since 1971 the Community has granted trade prefer-
ences to developing countries under its generalised tariff
preference scheme.

The Community's common commercial policy must be
consistent with and consolidate the objectives of devel-
opment policy, in particular the eradication of poverty
and the promotion of sustainable development in the
developing countries.

launched at

The multilateral
the
trade negotiations
fourth ministerial conference of the World Trade Orga-
nisation in Doha in November 2001 are not yet over. It
is
for
therefore premature to draw up guidelines
applying the scheme from 2005 to 2014, which is a
valid reason for renewing the current scheme for one
year in accordance with the guidelines in the Commis-
sion communication to the Council of 1 June 1994. The
arrangements for drugs have to be evaluated. In addition,
such renewal will allow candidate States,
for which
accession is foreseen in 2004, to be fully involved in the
elaboration of a new preferential tariff scheme.

In April 2003 the Council and the Commission
committed themselves to examining any appropriate
amendment
to the annual mechanism for excluding
their
beneficiary countries/sectors on the grounds of
development (graduation), bearing in mind the need to
support the development of sustainable and competitive
production including, inter alia, the possible adjustment
of the graduation system for crops other than drugs.
Pending other possible amendments in the future gener-
alised system of preferences (GSP), Article 12 of Regu-
lation (EC) No 2501/2001 should be amended now to
avoid any adverse impact on beneficiary countries whose
low volume of GSP-covered trade makes them vulner-
able to any change in tariff preferences.

(6)

In order to take into account the individual characteris-
tics of the developing countries benefiting from the GSP,
the special incentive arrangements for the protection of
labour rights need to be strengthened in order to give
more encouragement
to the gradual adoption of the
standards set out in the International Labour Organisa-
tion (ILO) declaration.

(7)

Regulation (EC) No 2501/2001 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

(4)

Implementation of Regulation (EC) No 2501/2001 (3)
showed the need to amend some of its provisions.

Regulation (EC) No 2501/2001 is hereby amended as follows:

(1) Opinion of 4 December 2003 (not yet published in the Official

Journal).

(2) Opinion of 10 December 2003 (not yet published in the Official

Journal).

(3) OJ L 346, 31.12.2001, p. 1. Regulation as last amended by
Commission Regulation (EC) No 1686/2003 (OJ L 240, 26.9.2003,
p. 8).

1.

in Article 1(1), ‘and 2004’ is replaced by ‘, 2004 and 2005’;

2. at

the end of Article 6(a),

the words ‘tariff quotas’ are
replaced by the words ‘tariff quotas adopted pursuant to
Article 26 of the Treaty or Annex VII to Regulation (EEC)
No 2658/87’;

L 332/2

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Official Journal of the European Union

19.12.2003

3. Article 12(3) is replaced by the following:

On the basis of the most recent data available on 1
‘3.
September of each year,
the Commission shall establish
which sectors meet the conditions laid down in paragraphs
1 and 2. However, paragraphs 1 and 2 shall not apply to
beneficiary countries whose exports to the Community
account for less than 1 % in value of total Community
imports of products covered by the Community preference
scheme in at least one of the three years referred to in para-
removed
graphs 1 and 2. Similarly,
pursuant to column D of Annex 1 shall be restored.’;

tariff preferences

4. Article 14(2) is replaced by the following:

The special incentive arrangements for the protection

‘2.
of labour rights may be granted to a country:
(a) the national

legislation of which incorporates

the
substance of the standards laid down in ILO Conven-
tions Nos 29 and 105 on forced labour, 87 and 98 on
the freedom of association and the right to collective
bargaining, 100 and 111 on non-discrimination in
respect of employment and occupation, and 138 and
182 on child labour, and which effectively applies that
legislation, or

(b) the national

legislation of which incorporates

the
substance of the standards referred to in paragraph (a),
and which is engaged in a clear and significant way in
applying them,
including all appropriate means envis-
aged in the relevant ILO conventions, taking the utmost
account of the assessment of the situation made by the
ILO.

In the case provided for in (b), the arrangements may be
accorded for a limited period and their renewal shall be
subject to the beneficiary country giving proof of progress
in this area. The appraisal of such progress shall be carried
out according to the memorandum of understanding to be
agreed upon by the authorities of the beneficiary country.’;

5.

in Article 25(4), ‘2004’ is replaced by ‘2005’;

6.

in Article 41(2), ‘2004’ is replaced by ‘2005’.

Article 2

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 December 2003.

For the Council

The President

A. MARZANO