Date: 2022-06-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2022/1039 of 29 June 2022 laying down rules for the application of Regulation (EU) No 978/2012 of the European Parliament and of the Council as regards the suspension for the year 2023 of certain tariff preferences granted to certain GSP beneficiary countries
Issued by European Commission
· Directorate-General for Trade and Economic Security
Executive Summary:
Commission Implementing Regulation (EU) 2022/1039 suspends certain tariff preferences granted to specific GSP beneficiary countries for 2023, based on import data from 2018-2020. This review, conducted every three years, adjusts the list of product sections subject to suspension. The regulation is effective from January 1, 2023, to December 31, 2023.
Key Points / Main Content:
* **Suspension of Tariff Preferences:**
* Tariff preferences are suspended for products of GSP sections originating in GSP beneficiary countries when Union imports exceed specified thresholds.
* The regulation lists specific GSP sections and beneficiary countries for which tariff preferences are suspended.
* **Basis for Suspension:**
* The list is based on trade statistics from 2018-2020.
* Imports from GSP beneficiaries no longer eligible for tariff preferences under Article 4(1)(b) of Regulation (EU) No 978/2012 are not considered.
* **Scope and Duration:**
* The revised list applies for one year, from January 1, 2023, to December 31, 2023.
* The regulation is binding and directly applicable in all Member States.
* **Annex: List of Suspended Preferences**
* Details countries and GSP sections for which preferences are suspended.
* India: S6a, S7a, S8b, S11a, S13, S14, S15a, S15b, S16, S17a
* Indonesia: S1a, S3, S5, S9a
* Kenya: S2a
Impact Analysis:
European Commission:
* Impact: Responsible for implementing and enforcing the regulation, monitoring trade statistics, and updating the list of suspended preferences in the future.
* Action Required: Ensure the regulation is applied correctly and communicate changes to relevant parties.
GSP Beneficiary Countries (e.g. India, Indonesia, Kenya):
* Impact: May experience reduced competitiveness in the EU market for product sections with suspended tariff preferences.
* Action Required: Adapt export strategies, potentially diversifying product offerings or seeking alternative markets.
Union Importers:
* Impact: May face increased costs for importing products from GSP beneficiary countries with suspended tariff preferences.
* Action Required: Adjust sourcing strategies and factor in potential tariff increases.
Generalised Preferences Committee:
* Impact: Was consulted prior to the adoption of this regulation.
* Action Required: N/A.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Parliament: The directly elected parliamentary assembly of the European Union.
Council Regulation EC No 732/2008: A Council Regulation that was repealed by Regulation EU No 978/2012.
Treaty on the Functioning of the European Union: One of the primary treaties forming the constitutional basis of the European Union.
Regulation EU No 978/2012: Regulation of the European Parliament and of the Council applying a scheme of generalised tariff preferences.
Generalised Scheme of Preferences (GSP): A preferential tariff system which provides tariff reduction on various products exported by developing countries.
Commission Implementing Regulation EU 2019/249: Commission Implementing Regulation suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation EU No 978/2012.
Brussels: The de facto capital city of the European Union, located in Belgium.
India: A country in South Asia, identified as a GSP beneficiary country in the document.
Indonesia: A country in Southeast Asia, identified as a GSP beneficiary country in the document.
Kenya: A country in East Africa, identified as a GSP beneficiary country in the document.
L 173/58 EN Official Journal of the European Union 30.6.2022
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1039
of 29 June 2022
laying down rules for the application of Regulation (EU) No 978/2012 of the European Parliament
and of the Council as regards the suspension for the year 2023 of certain tariff preferences granted
to certain GSP beneficiary countries
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 8(3) thereof,
After consulting the Generalised Preferences Committee, within the meaning of Article 39 of Regulation (EU)
No 978/2012,
Whereas:
(1) Pursuant to Article 8(1) of Regulation (EU) No 978/2012 the tariff preferences of the general arrangement of the
generalised scheme of preferences (GSP) are to be suspended in respect of products of a GSP section originating in a
GSP beneficiary country when the average value of Union imports of such products over three consecutive years
from that GSP beneficiary country exceeds the thresholds listed in Annex VI of that Regulation.
(2) In accordance with Article 8(2) of Regulation (EU) No 978/2012 and based on trade statistics concerning calendar
years 2015-2017, Commission Implementing Regulation (EU) 2019/249(2)established the list of product sections
for which the tariff preferences were suspended from 1 January 2020until 31 December 2022.
(3) Pursuant to Article 8(3) of Regulation (EU) No 978/2012, the Commission is to review that list, every three years,
and adopt an implementing act to suspend or re-establish the tariff preferences.
(4) As Regulation (EU) No 978/2012 is set to expire on 31 December 2023, the revised list should apply for one year as
of 1 January 2023. The list is based on trade statistics concerning calendar years 2018-2020 as available on
1 September 2021and takes into account imports from GSP beneficiary countries listed in Annex II of Regulation
(EU) No 978/2012 as applicable on that date. However, the value of imports from GSP beneficiaries which, as from
1 January 2023, no longer benefit from the tariff preferences under point (b) of Article 4(1) of Regulation (EU)
No 978/2012 is not taken into account,
HAS ADOPTED THIS REGULATION:
Article 1
The tariff preferences referred to in Article 7 of Regulation (EU) No 978/2012 are suspended in respect of the GSP
beneficiary countries concerned, for the list of products of GSP sections set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
(1) OJ L 303, 31.10.2012, p. 1.
(2) Commission Implementing Regulation (EU) 2019/249 of 12 February 2019 suspending the tariff preferences for certain GSP
beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 of the European Parliament
and of the Council applying a scheme of generalised tariff preferences (OJ L 42, 13.2.2019, p. 6).30.6.2022 EN Official Journal of the European Union L 173/59
It shall apply from 1 January 2023until 31 December 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 2022.
For the Commission
The President
Ursula VON DER LEYENL 173/60 EN Official Journal of the European Union 30.6.2022
ANNEX
The list of GSP sections for which the tariff preferences referred to in Article 7 of Regulation (EU) No 978/2012 are
suspended in respect of a GSP beneficiary country concerned:
Column A: name of country
Column B: GSP section (Article 2(j) of GSP Regulation)
Column C: description
A B C
India S-6a Inorganic and organic chemicals
S-7a Plastics and articles thereof
S-8b Articles of leather; fur skins and artificial fur
S-11a Textiles
S-13 Articles of stone, plaster, cement, asbestos, mica or similar materials; ceramic
products; glass and glassware
S-14 Pearls and precious metals
S-15a Iron, steel and articles of iron and steel
S-15b Base metals (excl. iron and steel), articles of base metals (excl. iron and steel)
S-16 Machinery and mechanical appliances; electrical machinery and equipment and parts
thereof
S-17a Railway or tramway locomotives, rolling-stock
Indonesia S-1a Live animals and animal products excluding fish
S-3 Animal or vegetable oils, fats and waxes
S-5 Mineral products
S-9a Wood and articles of wood; wood charcoal
Kenya S-2a Live plants and floricultural products