[ParlTrack]

Proposal for a regulation
Recital 4

(4) In order to improve transparency and predictability of anti-dumping and anti- subsidy investigations, the parties affected by the imposition of provisional anti- dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-imposition.deleted

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Cristiana MUSCARDINI

Proposal for a regulation
Recital 18

~~(18) In making the Union interest assessment, the opportunity to provide comments should be given to all producers in the Union and not just those producers lodging the complaint.~~deleted

2013/12/20
Committee: INTA

Andrea COZZOLINO, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Cristiana MUSCARDINI, Niccolò RINALDI, Marielle DE SARNEZ

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1225/2009
Article 1 – paragraph 1

1a. Article 1(1) shall be replaced by the following: 1. An anti-dumping duty may be applied to any dumped product whose release for free circulation in the Community causes injury. The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 9 c (new)

Regulation (EC) No 1225/2009
Article 5 – paragraph 1 a (new)

9c. The Commission shall facilitate the participation of fragmented industry sectors, largely composed of small- and medium-sized enterprises, in antidumping proceedings, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to file a complaint and how to better present evidence of dumping and injury, in particular through: (i) standard forms for statistics to be submitted for standing purposes and questionnaires; (ii) setting the investigation period to coincide, whenever possible, with the financial year; (iii) reducing the burden caused by language barriers; Furthermore, the Commission shall collect and provide to SMEs information on the evolution of the volume and value of imports of the product concerned in cases where SMEs provide prima facie evidence of dumping.

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)

Regulation (EC) No 1225/2009
Article 5 – paragraph 4

9b. The Commission shall assist in reaching these thresholds for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, through the support of the SME Help Desk.

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)

Regulation (EC) No 1225/2009
Article 5 – paragraph 6

9a. Article 5 (6) shall be replaced by the following: 6. If, in special circumstances, such as in the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, it is decided to initiate an investigation without having received a written complaint by or on behalf of the ~~Community~~Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1225/2009
Article 7 – paragraph 1

(a) in paragraph 1, the following sentence is added: "Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission."deleted

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b

Regulation (EC) No 1225/2009
Article 7 – paragraph 2

The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b

Regulation (EC) No 1225/2009
Article 9 – paragraph 4

The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.

2013/12/20
Committee: INTA

Andrea COZZOLINO, Bernd LANGE, Jörg LEICHTFRIED, Cristiana MUSCARDINI, Niccolò RINALDI, Yannick JADOT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)

Regulation (EC) No 1225/2009
Article 14 – paragraph 5

(ba) Article 14 (5) shall be replaced by the following: 5. The Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports ~~may~~shall be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Community industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1225/2009
Article 19 a – paragraph 1

1. The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include: (a) a summary of the proposed duties for information purposes only, and (b) details of the calculation of the dumping margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 19. Parties shall have a period of three working days to provide comments on the accuracy of the calculations.’deleted

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT, Niccolò RINALDI, Cristiana MUSCARDINI, Nora BERRA

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point 1 (new)

Regulation (EC) No 1225/2009
Article 21

1. Article 21 shall be replaced by the following: 1. Without prejudice to the priority given to the interests of the domestic industry affected by the unfair trade practice, a determination as to whether the ~~Community~~Union interest calls for intervention shall be based on an appreciation of all the various interests ~~taken~~presented as a whole, including the interests of ~~the domestic industry and~~ users and consumers, and a determination pursuant to this Article shall only be made where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade distorting effects of injurious dumping and to restore effective competition shall be given special consideration. Measures, as determined on the basis of the dumping and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the ~~Community interest to apply such measur~~Union interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by dumped imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the ~~Community~~Union interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the anti-dumping investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information. ~~3. T~~Only information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the ~~Community~~Union interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Article 9. 6. TOnly the parties which have acted in conformity with paragraph 2 may request the facts and considerations on which final decisions are likely to be taken to be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall only be taken into account for a determination of Union Interest under this paragraph when it is presented and where it is supported by actual evidence which substantiates its validity and is subsequently verified.

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT, Niccolò RINALDI, Cristiana MUSCARDINI

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 1225/2009
Article 21 – paragraph 2

9. Article 21(2) is replaced by the following: ‘2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the Union interest, the Union producers, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the anti-dumping investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information.’deleted

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Cristiana MUSCARDINI, Niccolò RINALDI, Marielle DE SARNEZ

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a

Regulation (EC) No 1225/2009
Article 22 – paragraph 2 (new)

9a. In Article 22, the following new paragraph shall be added: Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures.

2013/12/20
Committee: INTA

Andrea COZZOLINO, Bernd LANGE, Jörg LEICHTFRIED, Niccolò RINALDI, Cristiana MUSCARDINI, Marielle DE SARNEZ

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point 1 (new)

Regulation (EC) No 597/2009
Article 1 – paragraph 1

1. A countervailing duty may be imposed for the purpose of offsetting any subsidy granted, directly or indirectly, for the manufacture, production, export or transport of any product whose release for free circulation in the Community causes injury. The use of any subsidized products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 2 – paragraph 1 – point 9

Regulation (EC) No 597/2009
Article 29b

1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties. Such information shall include: (a) a summary of the proposed duties for information purposes only, and (b) details of the calculation of the subsidy margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 29. Parties shall have a period of three working days to provide comments on the accuracy of the calculations.deleted

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Niccolò RINALDI, Cristiana MUSCARDINI, Yannick JADOT

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Regulation (EC) No 597/2009
Article 31 – paragraph 2

10. Article 31(2) is replaced by the following: "2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the Union interest, the Union producers, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the countervailing investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this paragraph, and they shall be entitled to respond to such information."deleted

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Niccolò RINALDI, Cristiana MUSCARDINI, Marielle DE SARNEZ

Proposal for a regulation
Article 2 – paragraph 1 – point 10 – point 1 (new)

Regulation (EC) No 597/2009
Article 33 – paragraph 2 (new)

1a. In Article 33, the following new paragraph 2 shall be added: "Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures."

2013/12/20
Committee: INTA

Cristiana MUSCARDINI

Proposal for a regulation
Article 2 a (new)

Regulation (EC) No 597/2009
Article 33 – paragraph 2 (new)

Article 2 a Any document aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States before publication/adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation.

2013/12/20
Committee: INTA

Activities of Cristiana MUSCARDINI related to 2013/0103(COD)

Plenary speeches (1)

Amendments (19)

ParlTrack - 2011-2024