Chapter V, Article 22 · Regulation (EU) 2026/1395

Contents

Article 22 #

1.The existing bilateral dialogues and enhanced engagements with beneficiary countries referred to in this Chapter may address cooperation in the readmission of that country’s own nationals, when those persons are irregular migrants to the Union.

2.Where the Commission has submitted a proposal pursuant to Article 25a(5), point (a), of the Visa Code, it shall hold a dedicated enhanced engagement with the beneficiary country concerned in order to improve the level of cooperation of the beneficiary country in relation to the international obligation to readmit that beneficiary country’s own nationals.

3.In the case of serious and systematic shortcomings related to the international obligation to readmit a beneficiary country’s own nationals, the preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, in respect of all or of certain products originating in that beneficiary country, where the Commission considers that an insufficient level of cooperation on readmission persists following:

(a)an enhanced engagement referred to in paragraph 2 of this Article of at least 12 months from the date on which the Commission submits the proposal to the Council to adopt an implementing decision in accordance with Article 25a(5), point (a), of the Visa Code, for standard GSP beneficiary countries and for GSP+ beneficiary countries;

(b)an enhanced engagement referred to in paragraph 2 of this Article of at least 12 months from the date on which the Council adopts an implementing decision in accordance with Article 25a(5), point (a), of the Visa Code, for EBA beneficiary countries.

4.The Commission may initiate the procedure to temporarily withdraw the preferential arrangements from a beneficiary country pursuant to paragraph 3 only after having assessed, on a preliminary basis, whether a potential temporary withdrawal of the preferential arrangements would be proportionate, taking into account the contribution of a temporary withdrawal to improving the cooperation with the third country in question, including in light of that country’s socio-economic situation. The Commission shall inform the European Parliament and the Council of its assessment and shall produce a public report presenting its conclusions.

5.Without prejudice to paragraphs 2, 3 and 4 of this Article, Article 23(3) to (17) and Article 24 shall apply to the temporary withdrawal of the preferential arrangements pursuant to paragraph 3 of this Article.

6.When the Commission adopts a delegated act pursuant to Article 23(10) in order to temporarily withdraw the preferential arrangements from a beneficiary country in the case of serious and systematic shortcomings related to the international obligation to readmit a beneficiary country’s own nationals, it shall inform the European Parliament and the Council of the relevant information included in the reports produced, and assessments carried out, in the context of the application of Article 25a of the Visa Code in relation to that beneficiary country, including appropriate data on the readmission trends with that beneficiary country.

7.The report on the application of this Regulation provided for in Article 49, second paragraph, shall include an assessment of the need for, and the functioning of, the link between the GSP and cooperation on readmission of own nationals by beneficiary countries.

8.Paragraphs 3 and 4 shall apply to EBA beneficiary countries from 1 January 2029.

Defined terms · 13

Show every defined term

beneficiary countries
means countries benefitting from any of the preferential arrangements under the GSP;
Common Customs Tariff duties
means the customs duties specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87, except those duties established as part of tariff quotas;
complaint
means a complaint submitted to the Commission through the Single Entry Point (SEP).
countries
means countries and territories that have a customs administration;
effective implementation
means the integral implementation of the undertakings and obligations undertaken under the relevant conventions, thus ensuring fulfilment of the principles, objectives and rights guaranteed in the relevant conventions in the beneficiary country’s entire territory, including in any areas of that territory that the beneficiary country has designated as a special economic zone or an export processing zone;
enhanced engagement
means a continuous process aiming to facilitate and incentivise beneficiary countries to make progress in the implementation of the conditions set out in this Regulation, or to address shortcomings in respecting the principles of the relevant conventions;
interested parties
includes those parties involved in the production, distribution or sale of the imported products referred to in paragraph 1 and of like products or directly competing products.
least-developed countries
means least-developed countries designated as such by the UN;
like product
means a product which is identical, that is to say alike in all respects, to the product under consideration, or, in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.
plan of action
means a list of measures provided by a GSP+ requesting country to effectively implement the relevant conventions;
preferential market access arrangement
means preferential access to the Union market through a trade agreement, either provisionally applied or in force, or through autonomous preferences granted by the Union;
Sensitive/non-sensitive
refers to the products included in the standard GSP (Article 6).
standard GSP beneficiary countries
means countries benefitting from the standard GSP as listed in Annex I and identified as such in column C thereof;

Article 22#

Article 22 #