7 Amendments of Viviane REDING related to 2016/0351(COD)
Amendment 15 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials, energy and other factors of production, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists regard may, due account must be hapaid, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; overcapacity leading to overproduction, a deliberate policy of exchange rate manipulation leading to an undervaluation of the national currency, non-respect by the exporting country of international environmental, social or tax commitments of the exporting country leading to a distortion of competition, public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. It is further appropriate to provide that the Commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. , the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, wage rates not the result of free bargaining between labour and management, the absence of a transparent set of laws producing discriminatory effects with regard to joint- ventures and other foreign investments, and access to finance granted by institutions implementing public policy objectives, as well as any other circumstances which the Commission considers appropriate for ascertaining the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. However, if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted, those costs should be used in calculating its normal value. It is further appropriate to provide that the Commission services draw up a report, in collaboration with the EU’s industrial sector, describing the specific situation concerning these criteria in a certain country or a certain sector. For those countries for which a substantial number of anti-dumping cases have been recorded, the report should be completed and adopted before the entry into force of this Regulation. The EU’s industrial sector should be consulted during the report drafting process. All such reports and the evidence on which they are based may be placed on the file of any investigation relating to that country or sector. Interested parties also should have ample opportunity to comment on the reports and the evidence on which it is based in each investigation in which such reports or evidence is used. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or in the event of a change of circumstances in a specific country or sector, the Commission shall draft the report, or if one already exists, update the report. In any event, the European Commission should carry out a review of the report every two years.
Amendment 41 #
Proposal for a regulation
Recital 6
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2, the reasonable period of time provided for in the first sub-paragraph of Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated. With a view to reducing the risk of circumvention of the provisions of this Regulation, the same approach should apply with respect to reviews conducted pursuant to Article 11(4) of Regulation (EU) 2016/1036. It is also appropriate to recall that a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2 would not in itself constitute sufficient evidence within the meaning of Article 11(3) of Regulation (EU) 2016/1036. Such transitional rules, enabling the continued application of measures to defend against subsidised imports, should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported sale prices or costs, including the costs and sale prices of raw materials and energy, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard may, due account must be hapaid, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. , overcapacity leading to overproduction, a deliberate policy of exchange rate manipulation leading to an undervaluation of the national currency, non-respect by the exporting country of international environmental, social or tax commitments of the exporting country leading to a distortion of competition, the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, wage rates not the result of free bargaining between labour and management, the absence of a transparent set of laws producing discriminatory effects with regard to joint- ventures and other foreign investments, and access to finance granted by institutions implementing public policy objectives, as well as any other circumstances which the Commission considers appropriate for ascertaining the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector or sectors of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. If an exporting producer from a country that has been accused of not meeting those conditions is able to demonstrate clearly that its costs of one or more individual factors of production are not distorted, those costs shall be used in calculating its normal value.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services mayshall issue a detailed report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been opened, the report shall be completed and adopted before the entry into force of this Regulation. The Union industry shall be consulted during the report drafting process. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. Particular attention must be given to SMEs in EU industry. The determinations made shall take into account all of the relevant evidence on the file. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission shall draft the report, or if one already exists, update the report. In any event, the European Commission shall carry out a review of the report every two years.
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the conclusions of the report show the existence of significant distortions, the report pursuant to the paragraph 6 (b) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in subparagraph (a). In any event, no additional burden should be imposed on EU industry, and in particular on SMEs, which must receive guidance when they require it. The absence of a report shall not prevent the Commission from using any available information or data to establish the existence of significant distortions and use the methodology referred to in subparagraph (a) if the relevant requirements are met.
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2016/1036
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2016/1036
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
(5c) The following is added to Article 18, paragraph one, final part: ‘Interested parties shall be made aware of the consequences of non-cooperation.’ (https://publications.europa.eu/fr/publication-detail/-/publication/e0dcca38-3e84-11e6-af30- and shall be listed in a register whose use will enable the Commission and the partner countries to focus more attention on the activities of those parties.’ Or. fr 01aa75ed71a1/language-en)