12 Amendments of Cristiana MUSCARDINI related to 2010/0032(COD)
Amendment 44 #
Proposal for a regulation
Article 1 – paragraph a
Article 1 – paragraph a
(a) "Union industry" means the Union producers as a whole of the like or directly competitive products operating within the territory of the Union, or those Union producers whose collective output of the like or directly competitive products constitutes a major proportion of the total Union production of those products. In the case where the like or directly competitive product is only one of several products that are made by the producers who constitute the Union industry, the industry shall be defined as the specific operations that are involved in the production of the like or directly competitive product;
Amendment 54 #
Proposal for a regulation
Article 1 - paragraph f (new)
Article 1 - paragraph f (new)
(f) “such conditions as to cause or threaten to cause” includes such factors as the production capacity, utilization rates, currency practices and labour conditions of a third country with regard to the manufacturing of components and materials incorporated into the product concerned, where such content commonly accounts for more than 5 percent of the manufacturing cost of such product.
Amendment 62 #
Proposal for a regulation
Article 1 - paragraph g (new)
Article 1 - paragraph g (new)
(g) "Regional industry" means the producers as a whole of the like or directly competitive products operating within the territory of one or more regions in the Union, or those producers whose collective output of the like or directly competitive products constitutes a major proportion of the total production of those products in one or more regions;
Amendment 64 #
Proposal for a regulation
Article 2 - paragraph 1
Article 2 - paragraph 1
1. A safeguard measure may be imposed in accordance with the provisions set out in this Regulation where a product originating in Korea is, as a result of the reduction or the elimination of the customs duties on that product, being imported in the Union in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the Union industry or to the regional industry producing a like or directly competitive product.
Amendment 93 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In the investigation the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. In the event that third- country content commonly accounts for more than 5 percent of the manufacturing cost of the product concerned, the Commission shall also evaluate, as bearing on the situation of the Union industry, the production capacity, utilization rates, currency practices and labour conditions of the third countries concerned.
Amendment 102 #
Proposal for a regulation
Article 6
Article 6
Where bilateral safeguard measures are deemed unnecessarydo not meet the requirements of this Regulation, the investigation and proceeding shall be terminated on the basis of the procedure referred to in Article 11(2).
Amendment 106 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment. Thate period shall not exceed two yearfour years, including the period of application of any provisional measures, unless it is extended under paragraph 2.
Amendment 107 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. A safeguard measure shall remain in force, pending the outcome of the review, during any extension period.
Amendment 108 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The initial period of duration of a safeguard measure may exceptionally be extended by up to two years, provided it is determined that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting.
Amendment 109 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Extensions shall be adopted in accordance with the procedures of this Regulation applying to investigations and using the same procedures as the initial measures. The total durperiod of application of a safeguard measure may not exceed four years, including any provisional measure, including the period of application of any provisional measure, the initial period of application and any extension thereof, may not exceed eight years.
Amendment 118 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Transition Period for Authorities Within 6 months of the coming into force of the Agreement, the Commission shall present to the Council and the European Parliament a report on the effect of the 5- year transition period afforded to the parties for bringing certain technical regulations on automotive products, set out in Appendix 2-C-2 and 2-C-3 of the Agreement, into compliance with international standards, reach a conclusion on the extent to which this extended period of transition will cause competitive harm to the Union automotive industry, and express an opinion on the desirability and the feasibility of accelerating compliance by both parties to a 1-year period.
Amendment 123 #
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article 11b Availability of the European Globalization Adjustment Fund For the purposes of the Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund ("EGAF Regulation"), it shall be understood that: (a)"major structural changes in world trade patterns due to globalisation", as used in Article 1(1) of the EGAF Regulation shall include an increase in Korean imports to Europe, or failure to increase EU exports to Korea; (b) redundancies in the automotive industry: – have "significant adverse impact on the regional or local economy," and "serious impact on employment and the local economy", as used in, respectively, Articles 1(1) and 2(c) of the EGAF Regulation; and – are "exceptional circumstances" as used in Article 2(c) of the EFAF Regulation.