Changes from report parliamentary committee draft to plenary report

AddedArticle 15 – paragraph 6: 6. The Commission shall seek all information it considers necessary including, inter alia, the conclusions and recommendations of the relevant monitoring bodies. In drawing its conclusions, the Commission shall assess all relevant information, including from civil society organisations and social partners.

AddedArticle 15 – paragraph 8: 8. Where the Commission considers, based on the elements referred to in paragraphs 5 and 6, that a temporary withdrawal is not justified, it shall adopt an implementing act to terminate the temporary withdrawal procedure in accordance with the advisory procedure referred to in Article 39(2). That implementing act shall be based inter alia on evidence received.

AddedArticle 15 – paragraph 9: 9. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). The Commission shall clearly and publicly state the grounds for withdrawing preferences and set clear benchmarks that the beneficiary country should meet for the preferences to be reinstated; such benchmarks may also guide a phased approach, including the progressive withdrawal or reinstatement of part of the benefits against clear benchmarks and conditions.

AddedArticle 15 – paragraph 10 a (new): 10 a. During the application of a temporary withdrawal, the Commission shall continue the dialogue with the beneficiary country, including in the framework referred to in Article 18a, aiming at remedying the reasons for the withdrawal referred to in paragraph 3. The Commission shall regularly assess the effects of the withdrawal on remedying the violations, including in the report referred to in Article 14, as well as on the human rights and socio-economic situation of the population concerned. The Commission shall regularly consult with the advisory body referred to in Article 13a throughout the procedure.

AddedArticle 17 – paragraph 1 a (new): 1 a. The Commission and, where applicable the EEAS, shall make sure that countries that benefit from the special arrangement referred to in paragraph 1 of this Article make continued and sustained progress towards ratifying the conventions listed in Annex VI. / EU development finance programming shall prioritise support to countries benefitting from the special arrangement referred to in paragraph 1 aiming to make progress towards the ratification of the conventions listed in Annex VI.

AddedChapter V – title: Enhanced engagement and temporary withdrawal provisions common to all arrangements

AddedArticle 18 a(new): Article 18 a (new) / In the framework of a Cooperation, Partnership or Association Agreement the EU has concluded with a beneficiary country, a general review of the status of the country in the framework of the preferential arrangements referred to in Article 1(2) shall be conducted yearly and in consultation with the European Parliament. To that purpose, the Commission, and where relevant the European External Action Service, and the beneficiary country shall review the issues pertaining to the conditions referred to in Article 19(1), including in relation to any complaints received by the Commission. The Commission, where relevant the European External Action Service, and the beneficiary country shall also review the status of the ratification of the conventions listed in Annex VI as referred to in Article4(1) point (c) and progress towards ratification of the conventions listed in Annex VI as referred to in Article 17(1a).

AddedArticle 19 – paragraph 1 – introductory part: 1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, fully or partly, in respect of all or certain products or economic sectors, originating in a beneficiary country, for any of the following reasons:

AddedArticle 19 – paragraph 1 – point a a (new): (a a) the beneficiary country fails to show effective implementation of the plan of action;

AddedArticle 19 – paragraph 1 – point b a (new): (b a) when the Commission, acting upon a complaint or on its own initiative, considers that there may be sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article1 (2) on the basis of the reasons referred to in paragraph 1 of Article 19 a) or b), the Commission may before publishing the notice referred § 4 art 19 enhance its engagement with the partner country and negotiate a dedicated and timebound action plan to remedy the violations including through a full cooperation with the UN human rights and labour rights monitoring mechanisms;

AddedArticle 19 – paragraph 1 – point b b (new): (b b) when the Commission decides to withdraw a preferential arrangement to a beneficiary country in a particular economic sector, in application of article 19 (a and b) the commission may publish a list of companies, EU importers and local suppliers, that may still benefit from preferences. This list should be established based on the evidence provided by companies that they fully implemented their human rights due diligence obligations and that they have a supply chain free from human rights violations;

AddedArticle 19 – paragraph 1 – point c: (c) serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or serious failure to comply with international conventions on antiterrorism or anti-money laundering;

AddedArticle 19 – paragraph 1 a (new): 1 a. For the purpose of applying point 1 (a), the Commission will in particular take into account whether the relevant monitoring bodies, treaty mechanisms and supervisory mechanisms have signalled potentially serious and systematic violations of the principles of the relevant conventions, based on such indicators as: / - the establishment of commission of inquiries, fact-finding missions, country special rapporteurs, or other monitoring mechanisms by the UN Human Rights Council or General Assembly; / - findings by the UN High Commissioner for Human Rights, UN Special Procedures or other UN independent human rights experts; / - reports of the ILO Committee of Application of Standards; / - rulings and opinions by international human rights courts; / - reports by Advisory Body and civil society organisations.

AddedArticle 19 – paragraph 2 a (new): 2 a. When in particular the seriousness of the violations of principles of the international conventions listed in Annex VI so requires, based on available assessments, comments, decisions, recommendations and the conclusions of the relevant monitoring bodies, or based on duly substantiated concerns expressed by the European Parliament, the Council, international organisations, and civil society including trade unions, or acting upon a complaint, the Commission shall notify the beneficiary country. / Starting from the date of the notification and during one year, the beneficiary country and the Commission shall enter into an enhanced engagement, where the country commits to adopt time-bound roadmaps providing for concrete actions and sustainable solutions to the serious and systematic violations as identified. / The Commission shall regularly consult with the advisory body referred to in Article 13a during the enhanced engagement process.

AddedArticle 19 – paragraph 2 b (new): 2 b. If considered necessary, the enhanced engagement may be prolonged by up to another year. The Commission shall publish a list of countries with which enhanced engagement has been prolonged beyond one year and shall regularly update the list as necessary. The roadmaps referred to in paragraph 2a shall be made public.

AddedArticle 19 – paragraph 3: 3. At the request of the European Parliament or where the Commission, acting upon a complaint or on its own initiative, considers that there may be sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) because the beneficiary country has failed to deliver in the framework of the enhanced engagement or on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act.

AddedArticle 19 – paragraph 3 a (new): 3 a. The Commission shall inform the European Parliament and the Council about the complaints received. The Commission shall inform the complainant, the European Parliament and the Council where it decides that the complaint does not provide sufficient evidence in relation to the indicators referred to in this article.

AddedArticle 19 – paragraph 4 – point b: (b) state that the Commission will continue to pursue dialogue in the framework of the enhanced engagement and monitor and evaluate the situation in the beneficiary country concerned during the monitoring and evaluation period referred to in Paragraph 5.

AddedArticle 19 – paragraph 5: 5. The Commission shall provide the beneficiary country concerned with every opportunity to start engaging with and cooperate at any time during the monitoring and evaluation period of six months from the date of publication of the notice.

AddedArticle 19 – paragraph 6: 6. The Commission shall seek all information it considers necessary, inter alia, the available assessments, comments, decisions, recommendations and conclusions of the relevant monitoring bodies, and relevant information from other sources, including evidence submitted through a complaint or provided by third parties , as appropriate. In drawing its conclusions, the Commission shall assess all relevant information and consider the progress made by the country in delivering on its roadmap in the framework of the enhanced engagement as referred to in paragraph 2a.

AddedArticle 19 – paragraph 7: 7. Within three months from the expiry of the period referred to in paragraph 5, and after consultation of the advisory body referred to in Article 13(a), the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month.

AddedArticle 19 – paragraph 9: 9. Where the Commission considers, based on the elements referred to in paragraph 6, that a temporary withdrawal is not justified, it shall adopt an implementing act, in accordance with the advisory procedure referred to in Article 39(2), on the termination of the temporary withdrawal procedure.

AddedArticle 19 – paragraph 10: 10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2).

AddedArticle 19 – paragraph 12 a (new): 12 a. During the application of a temporary withdrawal, the Commission shall continue the dialogue with the beneficiary country, including in the framework referred to in Article 18a, aiming at remedying the reasons for the withdrawal referred to in paragraph 1. The Commission shall regularly assess the effects of the withdrawal on remedying the violations, and shall consult with the advisory body referred to in Article 13a.

AddedArticle 19 – paragraph 16: 16. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a) and the exceptional gravity of the violations calls for a rapid response in view of the specific circumstances in the beneficiary country, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs (3) to (15). However, the period referred to in paragraph 4, point (b) is reduced to 1 month and the deadline referred to in paragraph 8 is reduced to 3 months.

AddedArticle 40 – paragraph 1: By 1 January 2027 and every two years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent two-year period and all of the preferential arrangements referred to in Article 1(2).

AddedAnnex VI – paragraph 1 – row 1 a (new): Rome Statute of the International Criminal Court (1998)

AddedAnnex VI – paragraph 1 – row 1 b (new): First Optional Protocol to the International Covenant on Civil and Political Rights (1966)

AddedAnnex VI – paragraph 1 – row 1 c (new): ILO Indigenous and Tribal Peoples Convention (1989)