18 Amendments of Bernd LANGE related to 2010/0032(COD)
Amendment 32 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Serious injury or the threat of serious injury to Union producers may also be caused by the non-fulfilment of specific obligations under Chapter 13 of the Agreement – particularly in respect of the social and environmental standards laid down therein – thus necessitating the imposition of safeguard measures.
Amendment 33 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Whether there is serious injury or the threat of serious injury to producers or specific sectors of the economy in the Union also depends on whether the Agreement’s rules on non-tariff barriers to trade are observed. This consideration could necessitate the imposition of safeguard measures.
Amendment 34 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The tasks of following up and reviewing the Agreement and, if necessary, imposing safeguard measures should be carried out in the most transparent manner possible and with the involvement of civil society. To that end, the Domestic Advisory Group and the Civil Society Forum need to be included at every stage of the process.
Amendment 35 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) The Commission should submit a report once a year on the application and implementation of the Agreement and the application of the safeguard measures. Should it become apparent that the safeguard measures are insufficient, the Commission should submit a comprehensive proposal for more far- reaching safeguard measures, such as limits on quantities, quotas, import authorisation arrangements or other corrective measures.
Amendment 37 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Commission, the Member States and the Union producers should monitor and evaluate, on an ongoing basis, the import and export statistics for all product lines covered by the Agreement from the day that it comes into force, so that any serious injury or threat of serious injury to Union producers can be identified in good time.
Amendment 38 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Because it will not be possible to limit customs duty drawback until five years after the Agreement comes into force, it may be necessary, on the basis of this regulation, to impose safeguard measures in response to a serious injury or threat of serious injury to Union producers that is caused by duty drawback or exemption from duty. Therefore, from the day of the Agreement’s entry into force, the Commission should monitor particularly closely the rate of inclusion in products imported from the Republic of Korea of components or materials from third countries, any changes in that rate and the impact of such changes on the market situation.
Amendment 39 #
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) In order to prevent serious injury or the threat of serious injury to producers or sectors of the economy in the Union, the Commission should closely monitor production capacities in those third countries in which components or materials which are included in products covered by the Agreement are manufactured, as well as the observance in those countries of ILO and UN standards in relation to social and working conditions and environmental standards.
Amendment 43 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) This regulation should extend only to goods produced in the European Union and in the Republic of Korea. It should not cover products, parts or components the production of which is contracted out to manufacturing zones such as Kaesong. Before the scope of the regulation can be extended to include products contracted out to external manufacturing zones, it should be amended in accordance with the ordinary legislative procedure. In any extension of the regulation’s scope, it should be ensured that obligations under Chapter 13 of the Agreement are also met in external manufacturing zones.
Amendment 57 #
Proposal for a regulation
Article 1 - paragraph f (new)
Article 1 - paragraph f (new)
(f) “products” means goods produced in the European Union and the Republic of Korea. It does not include goods or components the production of which is contracted out to external manufacturing zones. Before the regulation’s scope can be extended to include products contracted out to external manufacturing zones, it must be amended in accordance with the ordinary legislative procedure.
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. An investigation shall be initiated upon request by a Member State, the European Parliament, the Domestic Advisory Group or a representative of producer associations or sectors of the economy or on the Commission’s own initiative if it is apparent to the Commission that there is sufficient evidence to justify such initiation.
Amendment 80 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In applying the first paragraph of this article, and for a period of five years after the Agreement’s entry into force, the Commission shall pay particular attention to finished products from the Republic of Korea being imported into the European Union at an increased rate where such an increase is attributable to increased use in the finished products of parts or components imported into the Republic of Korea from third countries which have not concluded a free trade agreement with the European Union and which are covered by the provisions for customs duty drawback or exemption from customs duty.
Amendment 84 #
Proposal for a regulation
Article 3 - paragraph 4 a (new)
Article 3 - paragraph 4 a (new)
4a. Evidence collected for the purpose of initiating proceedings in accordance with Article 14(2) of the Rules of Origin Protocol annexed to the Agreement (Drawback of, or exemption from, customs duties) may also be used for investigations with a view to the imposition of safeguard measures where the conditions stipulated in this article are met.
Amendment 88 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall ensure that all the data and statistics required for an investigation are available, comprehensible, transparent and checkable.
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. In the investigation, the Commission shall evaluate, in particular, the observance by the Republic of Korea of the social and environmental standards laid down in Chapter 13 of the Agreement and any consequent effects on price building or unfair competitive advantages potentially leading to serious injury or the threat of serious injury to producers or specific sectors of the economy in the European Union.
Amendment 97 #
Proposal for a regulation
Article 4 – paragraph 5 b (new)
Article 4 – paragraph 5 b (new)
5b. In the investigation, the Commission shall also evaluate observance of the Agreement’s rules on non-tariff barriers to trade and any serious injury to producers or individual sectors of the economy in the European Union that may result therefrom.
Amendment 101 #
Proposal for a regulation
Article 6
Article 6
1. Where bilateral safeguard measures are deemed unnecessary the investigation and proceeding shall be terminated on the basis of the procedure referred to in Article 11.2. 2. Without prejudice to paragraph 1, if the European Parliament expresses an objection to the draft decision not to impose bilateral safeguard measures, on the grounds that this decision would negate the intention of the legislator, the Commission shall re-examine the draft decision. Taking the reasons for the objection into account and within the time-limits of the procedure underway, the Commission may submit a new draft decision to the committee or submit a proposal to the European parliament and the Council in accordance with the Treaty. The Commission shall inform the European Parliament, the Council and the committee of the action which it intends to take and of its reasons for doing so. 3. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9, a report with a summary of the material facts and considerations relevant to the determinations.
Amendment 110 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The Commission shall undertake, as soon as the necessary technical framework is in place, to set up a password-protected online portal, which it will manage and through which all relevant information not confidential within the meaning of this article will be disseminated. Member States, registered Union producers, the Domestic Advisory Group and the European Parliament must be granted access to this online platform on request. The information shall include statistics relevant for determining whether evidence shows that the requirements under Article 2(1) have been met, as well as any further information of significance in connection with an investigation.
Amendment 111 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a 1. The Commission shall make public an annual report on the application and implementation of the Agreement. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade. 2. Special sections of the report shall deal with the fulfilment of obligations under Chapter 13 of the Agreement and with the activities of the Domestic Advisory Group and the Civil Society Forum. 3. The report shall also present a summary of the statistics and the evolution of trade with Korea. Specific mention shall be made of the results of the monitoring of duty drawback. 4. The European Parliament or the Council may, within one month, invite the Commission to an ad hoc meeting of the competent committee of Parliament or of the Council to present and explain any issues related to implementation of the FTA.