5 Amendments of Cora van NIEUWENHUIZEN related to 2016/0351(COD)
Amendment 23 #
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 may be deemed to exist, which affecting to a considerable extent free market forces may be deemed to exisprices or costs of the exporters in the country of export. 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 interventionstate intervention at any level, including central, regional and provincial level. It is further appropriate to clarify that in considerdetermining whether or not such a situation exists regard may be had, inter alia, to, the potential impact, inter alia, of the following should be taken into account: 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; significant state presence in firms allowing the state to interferethe market or enterprises or state ownership or control of the means of production or the allocation of resources allowing the distortion of free market forces with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; andor access to finance granted by institutions implementing public policy objectives. It is further appropriate to provide that the Commission services mayshould, in a timely manner, preferably before the date on which this Regulation enters into force, issue a report describing the specific situation concerning these criteria for significant market distortions in a certain country or a certain sector; that such report and the evidence on which it is based mayshould be placed on the file of any investigation relating to that country or sector; that that such a report and the evidence on which it is based takes due account of all reliable, secure and timely information and data available and will be updated by Commission services on a regular basis as appropriate; 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 35 #
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, and do not reflect actual market values; 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.
Amendment 44 #
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 market 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; an appropriate representative country should be selected in a not unreasonable manner, provided that reliable information and relevant cost data are readily available at the time of selection. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profitsinclude a reasonable profit margin.
Amendment 50 #
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 by the exporter in the exporting country, including the costs of raw materials, are not the result of free market forces as they are affected by governmentstate intervention. In consider at any level. In determining 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 firmthe market or enterprises or state ownership or control of the means of production or the allocation of resources allowing the state to interfere into the free market forces 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 64 #
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 and in a timely manner, the Commission services mayshall issue a report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. Such report and the evidence on which it is based mayshall, if appropriate, 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.relevant evidence on the file, based on reliable, secure and timely information and data available; such report or the evidence on which it is based shall, if appropriate, be updated by Commission services on a regular basis;