Maira Berlinck

Senior Customs & Foreign Trade Consultant

On 22 June 2026, Regulation (EU) 2026/1395 of the European Parliament and of the Council was published, concerning the implementation of the EU’s new Generalized Scheme of Preferences, which will be in force from 1 January 2027 until 31 December 2036. The reform had been in the pipeline for some time and marks a meaningful recalibration of how the EU uses trade access as a policy instrument, not just a development tool.

The new GSP preserves the scheme's core architecture, its three tiers (standard GSP, GSP+, and Everything But Arms), its country and product coverage, and its development mandate. It will provide reduced or zero tariffs on imports from 65 developing countries for the next decade, with a particular focus on supporting poverty reduction and sustainable development at a time of increasing global uncertainty for developing and least developed economies.

A notable element of continuity is the permanent extension of the Everything But Arms initiative: first introduced 25 years ago, EBA grants full duty-free, quota-free access for all goods except arms and ammunition from the world’s least developed countries, and will now continue indefinitely, removing the periodic uncertainty that came with time-limited renewals. What changes in the new regulation is the logic governing how preferences are granted, monitored, and, if necessary, withdrawn.

Broader and strengthened conditionality: beyond labour and human rights for the three strands

A broader and stricter conditionality is perhaps one of the most significant changes.

Under the current scheme, the negative conditionality clause, which allows for the suspension of preferences in cases of serious violations, applies primarily to human rights and labour rights conventions. The new GSP extends this requirement to environmental, climate, and good governance conventions for all GSP beneficiary countries, not just those seeking GSP+ status.

This is not a marginal adjustment. It means that a standard GSP beneficiary can now lose preferential access based on violations of, for instance, the Convention on International Trade in Endangered Species (CITES).

The list of relevant international conventions has been updated to 32, with five new additions, including the Optional Protocol on the Involvement of Children in Armed Conflict, the Convention on the Rights of Persons with Disabilities, two ILO conventions on labour inspection and tripartite consultation, and the UN Convention against Transnational Organised Crime. The Kyoto Protocol is replaced by the Paris Agreement on Climate Change.

Urgent withdrawal procedure

The procedure leading to withdrawal is reduced from six to two months in exceptional cases of serious violations requiring swifter action than the standard process would permit.

The new procedure addresses that gap, giving the Commission a more agile enforcement tool without bypassing the principle that withdrawal remains a measure of last resort.

Additionally, the revised GSP formally integrates the EU's Single Entry Point (SEP) for complaints into its monitoring framework, creating a more accessible channel for reporting violations.

The SEP transforms GSP monitoring from a system driven mainly by Commission investigations into one where any stakeholder (trade unions, NGOs, businesses, workers or community groups) and not only a government or an EU institution can formally initiate the information procedure that may lead to enhanced engagement, investigations, or ultimately withdrawal of preferences.

GSP+ reapplication: a two-year window

A less discussed but operationally important consequence of the reform concerns current GSP+ beneficiaries. Because the new regulation introduces updated GSP+ admission conditions, including the six new conventions that a country must ratify and a new requirement to submit a forward-looking plan of action for their implementation, existing GSP+ beneficiaries will need to reapply to continue benefiting from GSP+. They are not automatically rolled over.

A two-year grace period, running until the end of 2028, allows current beneficiaries to prepare and submit their reapplications while continuing to enjoy GSP+ preferences during the transitional period. This is worth monitoring closely for businesses sourcing from GSP+ countries: while there is no immediate disruption, the reapplication process introduces a degree of uncertainty about the continuity of preferences for specific origins, particularly where countries may face challenges in ratifying the new conventions or demonstrating implementation progress. 

Readmission conditionality: a political dimension enters the framework

One of the more politically significant additions to the new GSP is the linkage between trade preferences and migration cooperation. The new regulation introduces the possibility for the Commission to withdraw tariff preferences from a beneficiary country where it ‘considers that there is still an insufficient level of cooperation on readmission’ of its own nationals irregularly present in the EU territory, following an ‘enhanced dialogue’ with that country for at least one year. 

This provision comes with procedural safeguards: it is activated only after engagement through the Visa Code Regulation has been exhausted, and it follows a structured evaluation process. For Least Developed Countries (LDC), the readmission conditionality will apply two years later than for other GSP beneficiaries. Still, the inclusion of migration cooperation as a potential ground for withdrawal represents a meaningful expansion of the GSP's conditionality logic into a domain that has traditionally been handled through separate diplomatic and policy channels. 

Transparency in this area is ensured through Commission obligations to inform both Parliament and the Council of any decisions to activate readmission conditionality.

Changes in product coverage

The new regulation introduces limited but targeted changes to product coverage regarding their classification as sensitive or non-sensitive products, which affects the level of duty reduction available to GSP beneficiaries for those goods:

  • Sensitive products: PET (polyethylene terephthalate)
  • Non-sensitive products: 
    o    synthetic organic dyes, 
    o    aniline derivatives, 
    o    lysine and esters, and 
    o    diazo compounds, become non-sensitive.
Compliance with cumulation rules

The regulation clarifies the conditions under which cross-regional and extended cumulation may be granted. Beneficiaries must evidence that:

  • cumulation is necessary according to their trade practices and financing needs,
  • cumulation does not create undue trade difficulties for other GSP countries, particularly EBA beneficiary countries, given the potential diversion of trade flows,
  • the beneficiary cannot otherwise comply with the rules of origin applicable to the specific goods.

The Commission will verify that compliance with these conditions does not have a negative impact on other beneficiaries, particularly LDC countries. These clarifications reduce interpretative ambiguity but also set a higher evidentiary bar for cumulation requests.

The rice safeguard: a structural market protection mechanism

The new GSP introduces an automatic safeguard specifically targeting rice imports. If imports from a beneficiary country rise sharply above the ten-year historical average:

  • preferential tariff rates will be immediately suspended for the remainder of the calendar year, and
  • for the following calendar year, a tariff-rate quota will apply for imports of those products originating in that country.

What makes this mechanism distinctive is its automaticity. Unlike general or product-specific safeguards, which require investigation and a formal determination of harm or threat, the rice safeguard is triggered by import volume thresholds alone, without a separate injury test. This reflects a political compromise between the EU's development commitments and the sensitivity of the European rice sector, but it also introduces a degree of unpredictability for exporters of rice from beneficiary countries, particularly those in Asia and Africa where rice is a significant export commodity.

Status of countries graduating out of least-developed (LDC) status or concluding free trade agreements with the EU

Countries graduating from LDC status

The new GSP does not change the graduation process.

The new GSP framework continues to enable smoother transitions for countries graduating from LDC status by providing a three-year transitional period and offering the possibility to retain market access through GSP+ by meeting its conditions and sustainability standards.

In 2026, Bangladesh, Lao PDR, and Nepal graduate from UN LDC status, but they will continue benefitting for three more years from EBA preferences, at least until the end of 2029. 

Countries concluding Free Trade Agreements with the EU

Standard GSP and GSP+ beneficiaries that conclude a free trade agreement with the EU are no longer eligible for the scheme, as they will enjoy better market access conditions. However, they will continue benefiting for two more years from the start of application of the FTA.

From 1 January 2027, Kenya and Indonesia will no longer be GSP beneficiary countries at all because:
-    Kenya already has a broader preferential trade agreement with the EU, applicable from May 2023, and
-    Indonesia has been classified as an upper-middle-income country for three consecutive years.

Consequently, from that date, all goods from these countries will lose GSP tariff preferences, and not just selected sections.

Impact on compliance and trade operations

For companies engaged in trade with GSP beneficiary countries, the new scheme applicable from 2027 is not a wholesale change, but it does require a structured review of current preferential origin positions and supplier qualification frameworks:

  • the expansion of conditionality to environmental and governance conventions means that origin country risk assessments should now factor in a wider range of potential preference disruptions,
  • the EU may suspend or withdraw GSP preferences in the event of serious rights violations, unfair practices or serious shortcomings in customs controls, even in the middle of the cycle. This means that supply chains that are usually considered stable could be disrupted very quickly,
  • the mandatory GSP+ reapplication cycle introduces a transition-period variable for sourcing strategies that rely on enhanced preferences. Therefore, businesses using automated customs platforms need to keep their system settings up to date
  • qualifying for preferential duty treatment now depends not only on the origin of the goods, but also on whether the exporting country meets the scheme at the time of importation and the new cumulation conditions warrant attention for supply chains that involve intermediate processing in beneficiary countries.

The period between now and January 2027 is the window in which these reviews are most practically useful.


Further Information

Maira Berlinck

Senior Customs & Foreign Trade Consultant