HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 145/28
EN
Official Journal of the European Union
31.5.2011
REGULATION (EU) No 512/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 May 2011
amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences
for the period from 1 January 2009 to 31 December 2011
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) The
period
of
extension
of
Regulation
(EC)
No
732/2008
EUROPEAN UNION,
should not be open-ended. Consequently, and in order to
provide the time needed for the legislative procedure for
Having regard to the Treaty on the Functioning of the European
the adoption of the new scheme, the period of appli
Union, and in particular Article 207(2) thereof,
cation of that Regulation should be extended until
31 December 2013. In case the next Regulation
Having regard to the proposal from the European Commission,
becomes applicable before that date, the period of
extension should be correspondingly shortened.
After transmission of the draft legislative act to the national
parliaments,
(5) Some
technical
amendments
to
Regulation
(EC)
No
732/2008 are necessary to ensure coherence and
Acting in accordance with the ordinary legislative procedure ( 1 ),
continuity in the operation of the scheme.
Whereas:
(6) Developing
countries
which
fulfil
the
criteria
for
being
eligible for the special incentive arrangement for
(1)
Since 1971, the Union has granted trade preferences to
sustainable development and good governance (GSP+)
developing countries in the framework of its Generalised
should be able to benefit from the additional tariff pref
Scheme of Preferences (‘GSP’). The GSP has been imple
erences under that arrangement if, upon their request by
mented through successive Regulations applying a
31 October 2011 or 30 April 2013, the Commission
scheme of generalised tariff preferences (‘the scheme’)
decides to grant them the special incentive arrangement
with periods of application usually of three years at a
by 15 December 2011 or 15 June 2013 respectively.
time.
Developing countries which have already been granted
benefits under the special incentive arrangement as a
(2) The
current
scheme
was
established
by
Council
Regu
result of Commission Decisions 2008/938/EC of
lation (EC) No 732/2008
( 2 ) and applies until
9 December 2008 on the list of the beneficiary
31 December 2011. This Regulation should ensure that
countries which qualify for the special incentive
the operation of the scheme continues to apply after that
arrangement for sustainable development and good
date.
governance, provided for in Council Regulation (EC)
No 732/2008 ( 3 ), and 2010/318/EU of 9 June 2010
(3) Future
improvements
to
the
scheme
should
be
based
on
on the beneficiary countries which qualify for the
a Commission proposal for a new regulation (‘the next
special incentive arrangement for sustainable devel
Regulation’) which should take into account relevant
opment and good governance for the period from
considerations relating to the effectiveness of Regulation
1 July 2010 to 31 December 2011, as provided in
(EC) No 732/2008 in achieving the objectives of the
Council Regulation (EC) No 732/2008 ( 4 ) should retain
scheme. The next Regulation should include the
that status during the extension of the current scheme.
necessary amendments to ensure the ongoing effec
tiveness of the scheme. It is also essential that the
(7) Regulation
(EC)
No
732/2008
should
therefore
be
Commission’s proposal take into account statistical
amended accordingly,
trade data, which only became available in July 2010,
on imports covered by the scheme for the period
including 2009, a year marked by a sharp fall in
HAVE ADOPTED THIS REGULATION:
global trade including that of developing countries. It is
equally important to ensure that economic operators and
beneficiary countries be given adequate notice of the
Article 1
changes to be brought about by the next Regulation.
Regulation (EC) No 732/2008 is hereby amended as follows:
For those reasons, the remaining period of application
of Regulation (EC) No 732/2008 is insufficient to
allow for the Commission to draw up a proposal and
(1) the title is replaced by the following:
the subsequent adoption of the next Regulation in
accordance with the ordinary legislative procedure. It is
however desirable to ensure continuity in the operation
‘Council Regulation (EC) No 732/2008 of 22 July 2008
of the scheme beyond 31 December 2011 until such
applying a scheme of generalised tariff preferences from
time as the next Regulation is adopted and applies.
1 January 2009 and amending Regulations (EC) No
552/97, (EC) No 1933/2006 and Commission Regulations
(EC) No 1100/2006 and (EC) No 964/2007’;
( 1 ) Position of the European Parliament of 24 March 2011 (not yet
published in the Official Journal) and decision of the Council of
14 April 2011.
( 3 ) OJ L 334, 12.12.2008, p. 90.
( 2 ) OJ L 211, 6.8.2008, p. 1.
( 4 ) OJ L 142, 10.6.2010, p. 10.

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EN
31.5.2011 Official
Journal
of
the
European
Union L
145/29
(2) in the second subparagraph of Article 8(2) the following
(ii) the following subparagraph is added:
points are added:
‘Countries granted the special incentive arrangement
‘(c) for the purpose of Article 9(1)(a)(iii) — those available
for sustainable development and good governance
on 1 September 2010, as an annual average over three
on the basis of a request under paragraph 1(a)(ii)
consecutive years;
shall not be required to submit a request under
paragraph 1(a)(iii) or paragraph 1(a)(iv). Countries
(d) for the purpose of Article 9(1)(a)(iv) — those available
granted the special incentive arrangement for
on 1 September 2012, as an annual average over three
sustainable development and good governance on
consecutive years.’;
the basis of a request under paragraph 1(a)(iii)
shall not be required to submit a request under
(3) Article 9 is amended as follows:
paragraph 1(a)(iv).’;
(a) in point (a) of paragraph 1, the following is inserted
(4) Article 10(3) is amended as follows:
after point (ii):
‘or
(a) the word ‘or’ is added at the end of point (b);
(iii) by 31 October 2011, to be granted the special
(b) the following points are added:
incentive arrangement as from 1 January 2012;
or
‘(c) by 15 December 2011 for a request under
Article 9(1)(a)(iii); or
(iv) by 30 April 2013, to be granted the special
incentive arrangement as from 1 July 2013;’;
(d) by 15 June 2013 for a request under
Article 9(1)(a)(iv).’;
(b) paragraph 3 is amended as follows:
(5) in Article 32(2), the words ‘31 December 2011’ are replaced
(i) the second sentence is replaced by the following:
by the words: ‘31 December 2013 or until a date laid down
by the next Regulation, whichever is the earlier’.
‘Countries granted the special incentive arrangement
for sustainable development and good governance
Article 2
on the basis of a request under paragraph 1(a)(i)
shall not be required to submit a request under
This Regulation shall enter into force on the 20th day following
paragraph 1(a)(ii), 1(a)(iii) or 1(a)(iv).’;
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 Strasbourg, 11 May 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
GYRI E.

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