5 Amendments of Dita CHARANZOVÁ related to 2016/0351(COD)
Amendment 48 #
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 one or more significant distortions in the economy as a whole or in sectors therein, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production. 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, including those in the Union, provided the relevant cost data are readily available. The constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits. The existence of one or more 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 Union prices, costs or benchmarks for each and every factor of production in the const data are readily available. Truction of the normal value. If exporting producers from a country or a sector in which there exists one or more significant distortions conclusively demonstrate that the costs of one or more individual factors of production are not distorted for the industry as a whole, those costs shall be used in the construction of thed normal value shall include a reasonable amount f. The absence of distortion of the exporting producers' costs of a given factor and the reliability thereof shall be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, administrative, selling and general costs and for profits. nd actual use in production. In order to allow the Commission to respect the overall procedural deadlines, and to respect the rights of defence of all stakeholders, the Commission shall set deadlines for the submission of evidence with regard to the various elements described above. In particular, further evidence can be accepted by the Commission after those deadlines only when it is possible to be properly and adequately verified by the Commission, and other parties would be able to have sufficient time to comment.
Amendment 71 #
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) mayshall be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materialsand other factors of production, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard mayshall 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, 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 or otherwise not acting autonomously from the state, and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 88 #
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, the Commission services may issue a report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sectorhas well- founded indications of the possible existence of one or more significant distortions as referred to in point (b), a detailed report describing the market circumstances as per point (b) in a certain country or a certain sector shall be produced or updated. 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. The determinations made shall take into account all of the relevant evidence on the fileas to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made definitively by the Commission no later than three months following initiation of an investigation. In accordance with its role, the European Parliament shall monitor the report drafting process. On the request of the European Parliament or on the Commission's own initiative when the circumstances in a specific country or sector have changed, the Commission shall update the report.
Amendment 100 #
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 one or more 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 point (a). In any event, Union industry should not be requested to provide any additional proof. In the absence of a report the Commission shall use any available information or data to establish the existence of one or more significant distortions and use the methodology referred to in point (a) if the relevant requirements are met.
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2016/1036
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
(5a) In Article 23, a new paragraph is inserted: 1a. The Commission shall include reporting on the implementation of the provisions of Article 2 and Article 11 in its annual report to the Parliament on its activities with regard to trade defence investigations and measures. Five years after the entry into force of the above provisions, the Commission shall review and report to the Parliament in detail specifically on the experience of implementation during that period.