Activities of Salvatore CICU related to 2016/0351(COD)
Plenary speeches (3)
Protection against dumped and subsidised imports from countries not members of the EU (A8-0236/2017 - Salvatore Cicu) (vote) IT
Protection against dumped and subsidised imports from countries not members of the EU (debate) IT
Protection against dumped and subsidised imports from countries not members of the EU (debate) IT
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union PDF (699 KB) DOC (109 KB)
Amendments (11)
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 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, 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, 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. 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; the report should cover both sector/company specific and macro/significant distortions, the latter being of particular importance for sectors with high share of SMEs; The assessment of significant distortions is particularly important in the case of heterogeneous sectors composed by a high share of small and medium sized enterprises (SMEs) where evidence of sector specific distortions are the most difficult to find; 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.
Amendment 51 #
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 sector therein, 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 for every factor of production, 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. Tincluding those in the Union. 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 the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or Union prices, costs and benchmarks for each factor of production in the construction of thed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. If exporting producers from a country or a sector in which there exists one or more significant distortions clearly demonstrate that their industry as a whole is not directly or indirectly affected by any significant distortion, their costs shall be used in the construction of the normal value.
Amendment 65 #
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,are those distortions which occur when reported prices or costs, including the costs of raw materials and 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 sacrificing of fact and law an adequate corporate governance; 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. the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws; wage rates are not the result of free bargaining between labour and management: the absence of a transparent set of laws produces discriminatory effects with regard to joint- ventures an others foreign investments; access to finance granted by institutions implementing public policy objectives and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 77 #
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 b
Article 2 – paragraph 6 a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia,are those distortions which occur when reported prices or costs, including the costs of raw materials, 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 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.
Amendment 85 #
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 and it may also proffer indications as to the existence of significant distortions. Such indications should be considered when deciding on producing and updating the relevant reports. 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 file. 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 circumstances in a specific country or sector have changed the Commission shall initiate or update the report. In any event, the Commission shall carry out a review of the report every two years.
Amendment 101 #
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 reports show the existence of one or more significant distortions, the report pursuant to the paragraph 6 point (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, no additional burden shall be imposed on Union industry.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
Article 2 – paragraph 7 – subparagraph 1
Article 2 – paragraph 7 – subparagraph 1
In the case of imports from countries which are, at the date of initiation, 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, orn appropriate representative country that is either member of the WTO or not listed in Annex I of Regulation (EU) 2015/755. Otherwise, the normal value shall be determined on the basis of 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 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/1036
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU)2016/1036
Article 11 – paragraph 4 – subparagraph 4 a
Article 11 – paragraph 4 – subparagraph 4 a
Amendment 150 #
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 a. All interested parties will be given additional and sufficient time to comment.
Amendment 152 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall apply 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. This Regulation shall apply to all investigations under Article 5 of Regulation 1036/2016 initiated on or after the date on which this Regulation enters into force. For all other investigations, this Regulation shall apply from the date on which the first expiry review of the relevant measures, following the entry into force of Regulation ...., is terminated.