Statement: Forced admittance of migrants incompatible with aim of GSP regulation

amfori calls on the EU Council to withdraw its insistence that GSP beneficiary countries readmit nationals as a condition to retain tariff preferences.

amfori is a global association representing 2500 retailers, importers and brand-names importing and selling consumer goods. Many of our members benefit from the preferential duties afforded by the EU’s Generalised Scheme of Preferences when importing products from countries that fall under that scheme.

Those countries in turn benefit from increased trade – and thereby the GSP has contributed to eradicating poverty in those countries. However, we also believe in responsible business and sustainable supply chains and that trade can be used to foster social and environmental development.

Therefore, the provision within the GSP that permits the EU to remove preferences if beneficiary countries commit serious and systematic violations of the principles within core ILO and UN conventions on human and labour rights is crucial. It has resulted in significant improvements to social and environmental conditions in such countries.

Consequently, that condition is reasonable and beneficial.

By contrast, the Council insisting on the readmission of nationals deported from the EU as a condition of benefitting from the GSP is neither. Embedding a forced migration policy into legislation that has improved the economic and social well-being of nationals in developing and least developed countries runs the risk of making the situation worse. Countries with low GSP utilisation rates – owing to low levels of exports to the EU – are unlikely to be persuaded by the threat of removal of preferences. They will also have no imperative not to violate ILO/UN conventions which in turn could encourage migration.

In addition, it is highly doubtful that it is WTO compatible. The 1979 Decision by WTO members (including the EU) permits developed countries to afford preferential tariff treatment to developing countries via GSP.

That Decision states that developed countries shall “not seek, neither shall less-developed contracting parties be required to make, concessions that are inconsistent with the latter’s development, financial and trade needs” and that the latter “shall not be expected to make concessions or contributions that are inconsistent with the recognition of their particular situation and problems.”
It is certainly against the principles laid out under Article 21 of the EU Treaty those being: “to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms [and] respect for human dignity…”.

The proposal currently being discussed in the so-called “trilogue” builds on, and improves, the current GSP. Therefore, it is essential that it is allowed to come into force when the current GSP expires at the end of this year. However, the Council’s insistence on migrant readmission puts this at serious risk. amfori therefore urges the Council to withdraw this provision and allow the GSP to continue to do what it has done since its inception half a century ago.