9 Amendments of Miroslav POCHE related to 2016/0351(COD)
Amendment 13 #
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
Having regard to the resolution on China’s Market Economy Status adopted in the European Parliament on 12 May 2016,
Amendment 18 #
Proposal for a regulation
Recital 2
Recital 2
(2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Members of the WTO, it is appropriate that, for those countries, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036, with effect from the date on which this Regulation enters into force, and subject to the provisions of this Regulation. In the case of countries which are, at the date of initiation, not Members of the WTO or members of WTO but not market economies and listed in Annex I of Regulation (EU) 2015/7552 , norma1 value should be determined on the basis of paragraph 7 of Article 2 of Regulation (EU) 2016/1036, as amended by this Regulation. This Regulation should be without prejudice to establishing whether or not any WTO Member is a market economy in order to establish a level playing field with the EU market. _________________ 2 Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
Amendment 22 #
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 forcosts or prices 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 or energy, 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 be had, 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, decision, 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 objectivesdistortion in the operation of the privatised economy; lack of implementation of company law with adequate corporate governance rules; lack of effective legal framework for the conduct of business and non-proper functioning of a free- market economy including intellectual property rights or bankruptcy laws; access to finance granted by institutions implementing public policy objectives; lack of existence of a genuine financial sector and low social and environmental standards leading to unfair competition. It is further appropriate to provide that the Commission services mayshall issue a report describing the specific situation concerning these criteria in a certain country or a certain sector in taking into consideration the specific situation of European industries where their fixed cost linked to investment represent more than 5% of the turnover in the market economy; that such report and the evidence on which it is based mayshall 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.
Amendment 31 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. It is especially the case in the absence of equivalent environmental and social standards or when overcapacities have an important impact on prices and costs. Overcapacities are defined when the commercial surpluses start being structural without any comparative advantage in the country, when domestic prices and export prices are lower than the prices on the world market or when investments in new production capacities are realised in discordance with a growing commercial surplus. Notes that trade unions can provide a specific insight in terms of health and safety conditions as well as environmental and social standards.
Amendment 43 #
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 a
Article 2 - paragraph 6a - point a
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country, provided the relevant cost data are readily available. Indirect environmental costs such as CO2 emissions shall be taken into account and estimated as a rate of the total cost for the same amount in Europe; in case of no cooperation from the exporting country, the maximal cost will be applied. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 49 #
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 prices or costs, including the costs of raw materials and energy, are not the result of free market forces as they are affected by government intervention or as they are the result of social and environmental dumping. In considering whether or not significant distortions exist regard may be had, 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, decision, 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; market share beyond 40% of the sector world market is held by the industry of the exporting country which could be a sign of abuse of a dominant position; 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; distortion in the operation of the privatised economy; lack of implementation of company law with adequate corporate governance rules; lack of effective legal framework for the conduct of business and non-proper functioning of a free-market economy including intellectual property rights or bankruptcy laws; lack of existence of a genuine financial sector by devaluation of the national currency and low social and environmental standards leading to unfair competition.
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2016/1036
Article 2 - paragraph 6 a - point b a (new)
Article 2 - paragraph 6 a - point b a (new)
(ba) Significant distortions for the product concerned within the meaning of point (a) shall be deemed to exist, inter alia, when reported prices or costs are the result of overcapacities in the sense that the price or the cost of the product are not the result of free market forces as they are affected by levels of overproductions which reduce the impact of fixed costs.
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
Article 2 - paragraph 7
Article 2 - paragraph 7
In the case of imports from countries which arenon-market economy countries which are members of WTO or which, at the date of initiation, are not members of the WTO and listed in Annex I of Regulation (EU) 2015/755, normal value shall be determined on the basis of the price or constructed value in a market economy third country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/1037
Article 10 - paragraph 7
Article 10 - paragraph 7
The Commission shall also offer consultations to the country of origin and/or export concerned with regard to other subsidies identified in the course of the investigation. In these situations, the Commission shall send to the country of origin and/or export a summary of the main elements concerning other subsidies, in particular those referred to in point (c) of paragraph 2 of this article. If the additional subsidies are not covered by the notice of initiation, the notice of initiation shall be amended and the amended version be published in the Official Journal of the European Union, inviting all interested parties to comment. The Commission shall also take into account the lack of cooperation of the country of origin and/or export during the investigation.