The Official Journal of the European Union published on August 6th the Council Regulation (EC) Nº 732/2008 of July 22nd 2008 applying a scheme of generalised tariff preferences for the period from January 1st 2009 to December 31st 2011, and amending Regulations (EC) Nº 552/97, (EC) Nº 1933/2006 and Commission Regulations (EC) Nº 1100/2006 and (EC) Nº 964/2007.

The Community’s common commercial policy is to be consistent with and to consolidate the objectives of development policy, in particular the eradication of poverty and the promotion of sustainable development and good governance in the developing countries. It is to comply with WTO requirements, and in particular with the GATT ‘enabling clause’ of 1979 according to which WTO Members may accord differential and more favourable treatment to developing countries.

In this scope, since 1971, the Community has granted trade preferences to developing countries, in the framework of its scheme of generalised tariff preferences.

Council Regulation (EC) No 980/2005 applies the scheme of generalised tariff preferences until 31 December 2008. Thereafter, the scheme should continue to apply until 31 December 2011, in accordance with the guidelines.

For that reason, the scheme of generalised tariff preferences that will be applied in the period from January 1st 2009 to December 31st 2011, will be based on the following tariff preferences:

• A general arrangement: Common Customs Tariff duties on products listed as non-sensitive products shall be suspended entirely, except for agricultural components.
• A special incentive arrangement for sustainable development and good governance, that may be granted to a country that has made a request to that effect either by 31 October 2008, to be granted the special incentive arrangement as from 1 January 2009, or by 30 April 2010, to be granted the special incentive arrangement as from 1 July 2010; and that after the examination of the request, it  shows that it fulfils the conditions.
• A special arrangement for the least-developed countries: When a country is excluded by the UN from the list of the least-developed countries, it shall be withdrawn from the list of the beneficiaries of this arrangement. The removal of a country from the arrangement and the establishment of a transitional period of at least three years shall be decided by the Commission.

The tariff preferences provided shall apply to imports of products included in the arrangement enjoyed by the beneficiary country in which they originate.

A beneficiary country will be removed from the scheme when it has been classified by the World Bank as a high-income country during three consecutive years, and when the value of imports for the five largest sections of its imports covered by the GSP into the Community represents less than 75 % of the total GSP-covered imports from that beneficiary country into the Community.

Also, when a beneficiary country benefits from a preferential trade agreement with the Community which covers all the preference provided for by the present scheme to that country, it shall be removed from the list of beneficiary countries.

This Regulation will enter into force on the 20th day following its publication in the Official Journal of the European Union, and will apply from 1 January 2009 until 31 December 2011.