Chapter II, Article 8 · Regulation (EU) 2026/1395

Contents

Article 8 #

1.The tariff preferences referred to in Article 7 shall be suspended, in respect of products of a GSP section originating in a standard GSP beneficiary country, when the average value of Union imports of such products over three consecutive years from that standard GSP beneficiary country exceeds the thresholds listed in Annex IV. Those thresholds shall be calculated as a percentage of the total value of Union imports of the same products from all beneficiary countries.

2.Prior to the application of the tariff preferences under the GSP, the Commission shall adopt an implementing act, in accordance with the advisory procedure referred to in Article 48(2), establishing a list of GSP sections for which the tariff preferences referred to in Article 7 are suspended in respect of a standard GSP beneficiary country. That implementing act shall apply as from 1 January 2027.

3.The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt implementing acts, in accordance with the advisory procedure referred to in Article 48(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. Those implementing acts shall apply from 1 January of the year following that of their date of entry into force.

4.The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries as applicable at that time. However, the value of imports from GSP beneficiary countries which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.

5.The Commission shall notify the country concerned of the implementing acts adopted in accordance with paragraphs 2 and 3.

6.Where Annex I is amended in accordance with the criteria laid down in Article 4, the Commission is empowered to adopt delegated acts in accordance with Article 45 to amend Annex IV in order to adjust the modalities listed in that Annex so as to maintain proportionally the same weight of the GSP sections in respect of which the tariff preferences have been suspended pursuant to paragraph 1 of this Article.

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 8#

Article 8 #