15 Amendments of Francisco de Paula GAMBUS MILLET related to 2016/0351(COD)
Amendment 20 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Takes note of the Council agreement to modernise the EU’s trade defence instruments but recalls that in order to have effective anti-dumping measures, the Lesser Duty Rule unjustly reduces the anti-dumping duties at a level below the dumping margin. Asks in this purpose the remove of the Lesser Duty rule as proposed by the European Parliament in its position adopted at first reading on 16 April 2014 on TDIs modernisation.
Amendment 21 #
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 and other factor of productions, 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. ISignificant dis 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 thtortions shall be deemed to exist in non-market economy countries, i.e. countries which do not meet one or more of the following criteria: 1) a low degree of government influence over the allocation of resources and decisions of enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; 2) an absence of state-induced distortions in the operation of enterprises linked to privatisation and the use of non-market trading or compensation system; 3) the existence and implementation of a transparent and non-discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate country or sector; and that interested parties should have ample opportunity to comment on the report andmpany information); 4) the existence and implementation of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; 5) the evidxistence on which it is based in each investigation in which such report or evidence is used. f a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision.
Amendment 30 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) It is further appropriate to provide that the Commission adopts reports describing the specific situation concerning the criteria listed in recital 3 in a certain country or a certain sector; that such reports and the evidence on which they are based shall 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 reports and the evidence on which they are based in each investigation in which such reports or evidence are used.
Amendment 36 #
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 mayshall be adjusted or established on any reasonable basis, including information from other representative markets or from undistorted 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.
Amendment 39 #
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 6ae 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 6ae 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 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 47 #
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 in the economy as a whole or in sectors of the economy, the normal value shall be a price or 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. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(b) Significant distortions for the product concernedin market economy countries, 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 others 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 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 56 #
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 – point b a (new)
article 2 – paragraph 6 – point b a (new)
Amendment 63 #
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 reporThe Commission may adopt a report by delegated act describing the specific situation concerning the criteria listed in point aragraph 6a(b) in a certain country or a certain sector. The Commission shall adopt a report by delegated act for countries referred to in paragraph 6b which shall include an assessment of the fulfilment of the criteria in paragraph 6b. Such reports and the evidence on which it is based may, as well as relevant findings from prior EU investigations and country reports, shall 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.
Amendment 72 #
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 d
Article 2 – paragraph 6a – point d
(d) The Union industry may rely on the reports referred to in point (c)aragraph 6c 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. or in a request for a reinvestigation in accordance with Article 12. Reports on countries referred to in paragraph 6a(b) shall constitute sufficient evidence to justify the calculation of normal value in the complaint or request on the basis of the methodology described in paragraph 6a(a). Reports on countries referred to in paragraph 6b shall constitute sufficient evidence to justify the calculation of normal value in the complaint or request on the basis of the methodology described in paragraph 6b. Further, where a significant portion of the complaining Union industry is made up of SMEs, the normal value calculations in the complaint or request can be based on information related to costs of production in the EU of the product concerned.
Amendment 78 #
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 e
Article 2 – paragraph 6a – point e
(e) The parties to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point aragraph 6a(a) and shall be given 10 days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19. A disclosure regarding the methodology to be used shall be communicated to the parties no later than three months from initiation of the investigation.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/1036
Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/1036
In the case of a transition from a normal value calculated pursuant to the former Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6ae of Article 2, the reasonable period of time shall be deemed to elapse on the date on which the first expiry review following such transition is initiated.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/1036
Article 11 - paragraph 4
Article 11 - paragraph 4
In the case of a transition from a normal value calculated pursuant to the former Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6ae of Article 2, any review pursuant to this paragraph shall be deferred to the date on which the first expiry review following such transition is initiated.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 a (new) Regulation (EU) 2016/1036
Article 1 – paragraph 1 a (new) Regulation (EU) 2016/1036
1. Assessment of the need for intervention in the Union’s interest shall be based on a consistently balanced appreciation of all the various interests taken as a whole, including the interests of EU industry, workers and users and consumers, for the benefit of all concerned. This shall be done only after all parties have been given the opportunity to make their views known pursuant to paragraph 2. Special attention shall be given to the need to eliminate the trade distorting effects of injurious dumping and to restore effective competition. Dumping practices and the adverse effects thereof may, in certain cases, not lead to action being taken where the authorities, on the basis of all the information submitted, can clearly see that it is not in the Union’s interest to do so.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the later of : - the day following that of its publication in the Official Journal of the European Union, and - the day following the adoption of the Commission services reports concerning the non - market economy countries as indicated in article 2 point 6 paragraph b.