Date: 2016-01-26Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2016/79 of 25 November 2015 amending Annex III to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences
Executive Summary:
Commission Delegated Regulation (EU) 2016/79 amends Annex III to Regulation (EU) No 978/2012 to grant the Kyrgyz Republic Generalized System of Preferences (GSP) status. This decision follows the Commission's assessment that the Kyrgyz Republic meets the necessary eligibility criteria for GSP. The regulation comes into force the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
Eligibility Criteria for GSP:
* A requesting country must be considered vulnerable and have ratified conventions listed in Annex VIII of Regulation EU No 978/2012.
* The country should not have serious failures in effectively implementing these conventions, based on the conclusions of monitoring bodies.
* The country should not have prohibited reservations to the conventions, or reservations incompatible with the convention's object and purpose.
* The country must accept reporting requirements and provide binding undertakings as specified in Article 9(1) of Regulation EU No 978/2012.
* A beneficiary country must submit a request with comprehensive information.
Granting GSP to the Kyrgyz Republic:
* The Commission received a GSP request from the Kyrgyz Republic on May 25, 2015.
* The Commission examined the request and determined that the Kyrgyz Republic meets the eligibility criteria.
* The Kyrgyz Republic is granted GSP status from the date of entry into force of this Regulation.
* Annex III to Regulation EU No 978/2012 is amended to include the Kyrgyz Republic (code: KG).
Ongoing Review:
* The Commission will monitor the Kyrgyz Republic's ratification and implementation of relevant conventions.
* The Commission will also monitor the Kyrgyz Republic's cooperation with relevant monitoring bodies, as per Article 13 of Regulation EU No 978/2012.
Impact Analysis:
European Commission:
Impact: Responsible for monitoring the Kyrgyz Republic's compliance with the conventions and cooperation with monitoring bodies.
Action Required: Continue to review the status of ratification and effective implementation of the relevant conventions.
Kyrgyz Republic:
Impact: Benefits from GSP tariff preferences. Subject to ongoing monitoring of convention implementation and cooperation.
Action Required: Maintain ratification and effective implementation of relevant conventions and cooperate with monitoring bodies.
EU Member States:
Impact: Directly affected by the application of GSP to imports from the Kyrgyz Republic.
Action Required: Apply the new tariff preferences to imports from the Kyrgyz Republic.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Parliament: One of the legislative bodies of the European Union. Co-legislator with the Council of the European Union.
Council of the European Union: A legislative body of the European Union. Co-legislator with the European Parliament.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Commission Delegated Regulation (EU) 2016/79: A delegated regulation issued by the European Commission.
Regulation (EU) No 978/2012: Regulation of the European Parliament and of the Council applying a scheme of generalised tariff preferences.
Kyrgyz Republic: A country in Central Asia which is granted GSP (Generalised Scheme of Preferences) status in the document.
Brussels: The location where the regulation was adopted.
26.1.2016 EN Official Journal of the European Union L 17/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) 2016/79
of 25 November 2015
amending Annex III to Regulation (EU) No 978/2012 of the European Parliament and of the
Council 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 Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012
applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (1), and in
particular Article 10(4) thereof,
Whereas:
(1) Article 9(1) of Regulation (EU) No 978/2012 establishes specific eligibility criteria for the granting of tariff
preferences under the special incentive arrangement for sustainable development and good governance (GSP+) to
a requesting country. For that purpose, the country should be considered vulnerable. It should have ratified all
the conventions listed in Annex VIII to Regulation (EU) No 978/2012 and the most recent available conclusions
of the relevant monitoring bodies should not identify a serious failure to effectively implement any of those
conventions. In relation to any of the relevant conventions, the country should not have formulated a reservation
which is prohibited by the convention or which, for the exclusive purposes of Article 9 of Regulation (EU)
No 978/2012, is considered to be incompatible with the object and purpose of that convention. It should accept
without reservation the reporting requirements imposed by each convention and give the binding undertakings
referred to in points (d), (e) and (f) of Article 9(1) of Regulation (EU) No 978/2012.
(2) A GSP beneficiary country wishing to benefit from GSP+ has to submit a request accompanied by comprehensive
information concerning ratification of the relevant conventions, its reservations and the objections to those
reservations made by other parties to the convention, and its binding undertakings.
(3) The Commission has been empowered to adopt a delegated act in accordance with Article 290 TFEU to establish
and amend Annex III to Regulation (EU) No 978/2012 in order to grant GSP+ to a requesting country by adding
it to the list of GSP+ beneficiary countries.
(4) On 25 May 2015, the Commission received a GSP+ request from the Kyrgyz Republic.
(5) The Commission has examined the request made in accordance with the provisions of Article 10(1) of
Regulation (EU) No 978/2012, and has established that the Kyrgyz Republic meets the eligibility criteria. The
Kyrgyz Republic should therefore be granted GSP+ from the date of entry into force of this Regulation and
Annex III to Regulation (EU) No 978/2012 should be amended accordingly.
(6) The Commission will keep under review the status of ratification of the relevant conventions and their effective
implementation by the Kyrgyz Republic, as well as the Kyrgyz Republic's cooperation with the relevant
monitoring bodies, in accordance with Article 13 of Regulation (EU) No 978/2012,
(1) OJ L 303, 31.10.2012, p. 1.L 17/2 EN Official Journal of the European Union 26.1.2016
HAS ADOPTED THIS REGULATION:
Article 1
In Annex III of Regulation (EU) No 978/2012, the following country and the corresponding alphabetical code is inserted
under columns B and A, respectively:
‘Kyrgyz Republic KG’
Article 2
This Regulation shall enter into force on the 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, 25 November 2015.
For the Commission
The President
Jean-Claude JUNCKER