BETA

75 Amendments of Kader ARIF related to 2007/2198(INI)

Amendment 6 #
Motion for a resolution
Citation 13 a (new)
13a. having regard to the evaluation report of the external consultancy Mayer, Rowe and Maw LLP, entitled “Evaluation of EC Trade Defence Instruments” (December 2005),
2008/03/26
Committee: INTA
Amendment 7 #
Motion for a resolution
Citation 13 b (new)
13b. having regard to the document of the Commission entitled “Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy” (19 November 2007),
2008/03/26
Committee: INTA
Amendment 10 #
Motion for a resolution
Recital A a (new)
Aa. whereas the results of the public consultation are available in the document entitled "Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy" (19 November 2007),
2008/03/26
Committee: INTA
Amendment 11 #
Motion for a resolution
Recital B
B. whereas, under the recently reviewed Lisbon Agenda, the Community set itself the objective of strengthening the European economy by, inter alia, improving the competitiveness of the Community in the world economy and thereby creating new and better jobs,deleted
2008/03/26
Committee: INTA
Amendment 12 #
Motion for a resolution
Recital B a (new)
Ba. whereas the evidence available regarding the EU's application of TDIs, as quoted in the Commission's summary of the 2005 study Evaluation of EC trade defence instruments, shows that 'the status quo is both reasonable and adequate in order to address the interests of all groups of parties', which raises substantial doubts about the urgency and need to amend these instruments,
2008/03/26
Committee: INTA
Amendment 15 #
Motion for a resolution
Recital C
C. whereas, in the absence of internationally agreed upon competition rules in the WTO currently leaves no alternative but TDIs to, TDIs are the only suitable solution for dealing with unfair trade practices,
2008/03/26
Committee: INTA
Amendment 22 #
Motion for a resolution
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
2008/03/26
Committee: INTA
Amendment 27 #
Motion for a resolution
Recital E
E. whereas anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not and is not currently designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,
2008/03/26
Committee: INTA
Amendment 31 #
2008/03/26
Committee: INTA
Amendment 32 #
Motion for a resolution
Recital F a (new)
Fa. whereas, in a globalised world, EU companies need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the Union,
2008/03/26
Committee: INTA
Amendment 41 #
Motion for a resolution
Paragraph -1 (new)
- 1. Asks the Commission to take into account the results of the Green Paper for public consultation (COM(2006)0763) and the results of the independent study that it ordered, as both reflect the legitimate interests of all stakeholders;
2008/03/26
Committee: INTA
Amendment 45 #
2008/03/26
Committee: INTA
Amendment 51 #
Motion for a resolution
Paragraph 1 a (new)
1a. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors and to avoid distorting effects in international trade;
2008/03/26
Committee: INTA
Amendment 54 #
Motion for a resolution
Paragraph 2
2. Reiterates the belief in the benefits of an open trading system, offsetting its potentially disruptive impact, and contributing decisively to the stimulation of growth and the creation of jobs; takes the view that the EU should continue to promote increased global liberalisation and free and fair trade and resist any protectionist temptation;deleted
2008/03/26
Committee: INTA
Amendment 59 #
Motion for a resolution
Paragraph 2 a (new)
2a. Underlines that the EU already has a TDI regime with higher standards, resulting in more stringent application, than other trading partners especially with regard to the initiation, course and subsequent outcome of these investigations;
2008/03/26
Committee: INTA
Amendment 62 #
Motion for a resolution
Paragraph 3
3. Emphasises that the TDI rules lack clarity in procedure which causes unnecessary uncertainty both in regard to the initiation, procedure of investigations and in the outcome of these investigations;deleted
2008/03/26
Committee: INTA
Amendment 68 #
Paragraph 4 Motion for a resolution Amendment4 4. Takes the view that the TDI system has deleted to take into account the legitimate interest of European economic operators who need to take advantage of global supply chains to have access to raw-materials and tie-in products to stay competitive;
2008/03/26
Committee: INTA
Amendment 75 #
Motion for a resolution
Paragraph 4 a (new)
4a. Believes that the current EU TDI system already takes due account of the rightful and legitimate interests of all European stakeholders, as was stated by the majority of governments and stakeholders during the public consultation on the above-mentioned Green Paper;
2008/03/26
Committee: INTA
Amendment 76 #
2008/03/26
Committee: INTA
Amendment 81 #
Motion for a resolution
Paragraph 6
6. Is worried about the lack of coordination between the internal policies of the EU, especially those dealing with industry related matters (including the anti-competition law) and trade defence remedies;deleted
2008/03/26
Committee: INTA
Amendment 84 #
Motion for a resolution
Paragraph 6 a (new)
6a. Asks the Commission to act accordingly in order to instil social and environmental considerations into the reform of antidumping rules during the WTO negotiations, based on the international fundamental social and environmental standards that already exist;
2008/03/26
Committee: INTA
Amendment 86 #
2008/03/26
Committee: INTA
Amendment 90 #
Motion for a resolution
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention, dual pricing and violations of IPR, which greatly affect fair competition in international markets;
2008/03/26
Committee: INTA
Amendment 93 #
Motion for a resolution
Paragraph 9
9. Urges the Commission to revise its standards of initiation for new TDI investigations and ensure that the complaining industry provides prima facie evidence that all the AD basic requirements (dumping, injury, causal link) have been met and that measures are not overly and clearly against community interest;deleted
2008/03/26
Committee: INTA
Amendment 99 #
Motion for a resolution
Paragraph 9 a (new)
9a. Asks the Commission to maintain its strict criteria when initiating new TDI investigations in order to guarantee that prima facie evidence is provided by the complainants and that all the AD conditions for initiation are met;
2008/03/26
Committee: INTA
Amendment 100 #
Motion for a resolution
Paragraph 10
10. Believes that it responds to sound legal and logic principles that complainants in TDI investigations have to substantiate their allegations and prove that these measures are in the broader Community interest;deleted
2008/03/26
Committee: INTA
Amendment 101 #
Motion for a resolution
Paragraph 10 a (new)
10a. Is worried about the increasing use by the Commission of ex officio review in order to restrict or terminate measures in force;
2008/03/26
Committee: INTA
Amendment 105 #
Motion for a resolution
Paragraph 11
11. Calls on the commission to reconsider the standing requirement for the initiation of new AD and countervailing duty (CVD) investigations (currently fixed at 25%) of the Community production of a given item, by taking inspiration from applicable European competition legislation;deleted
2008/03/26
Committee: INTA
Amendment 108 #
Motion for a resolution
Paragraph 12
12. Believes that a modernized definition of “Community industry” should take the value added in Europe through the new and global supply chains into consideration; calls on the Commission to reconsider the present definition of "Community industry", by laying down objective criteria to grant the status of Community industry;deleted
2008/03/26
Committee: INTA
Amendment 112 #
Motion for a resolution
Paragraph 13
13. Calls on the Commission to take into serious consideration the position of European importers, wholesalers and retailers in TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 116 #
Motion for a resolution
Paragraph 14
14. Calls on Commission and the Member States to take into account the impact of TDI measures on consumers, by assessing their consequences in terms of price level, quality, availability and choice;deleted
2008/03/26
Committee: INTA
Amendment 120 #
Motion for a resolution
Paragraph 15
15. Regrets the fact that the decision- making process concerning the award of country-wide market economy status to third countries in TDI investigations often lacks transparency and logic; urges the Commission to ensure that the choice of the "analogue country" is based on realistic and duly motivated criteria;deleted
2008/03/26
Committee: INTA
Amendment 123 #
Motion for a resolution
Paragraph 16
16. Takes the view that the countervailing duty instrument should be used in preference to the anti-dumping instrument in all cases where this is legally and economically feasible;deleted
2008/03/26
Committee: INTA
Amendment 125 #
Motion for a resolution
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" so as to take greater account of the interests of those companies which have moved or subcontracted part of their production outside the Union in so far as those companies are not affected by the duties unless they engage in dumping or receive subsidies;
2008/03/26
Committee: INTA
Amendment 127 #
Motion for a resolution
Paragraph 17
17. Recalls that countervailing duty investigations may be able to more precisely target the real causes of trade distortion than anti-dumping, in particular in cases involving economies in transition, where in anti-dumping cases, the "normal value" is established in relation to an often inappropriate analogue country;deleted
2008/03/26
Committee: INTA
Amendment 128 #
Motion for a resolution
Paragraph 17 a (new)
17a. Urges the Commission to open anti- dumping and countervailing procedures and to impose provisional duties as soon as possible when all the legal requirements have been met, including a threat of injury for the industry concerned;
2008/03/26
Committee: INTA
Amendment 129 #
Motion for a resolution
Paragraph 17 a (new)
17a. Considers that anti-dumping procedures should always give priority to the need to restore a level playing field, as the effects of unfair competition in the long run are against the interests of all participants in the Community market;
2008/03/26
Committee: INTA
Amendment 130 #
Motion for a resolution
Paragraph 17 b (new)
17b. Considers therefore that the analysis of the impact on other interests can only justify the non-imposition of anti- dumping measures in exceptional cases, where it is obvious that defence measures will not be able to improve the situation of Community producers, and in any event cannot justify a downward adjustment in the level or duration of the duties imposed;
2008/03/26
Committee: INTA
Amendment 131 #
Motion for a resolution
Paragraph 17 c (new)
17c. Calls on the Commission to maintain its current practice that ensures the use of realistic and suitably motivated requirements when choosing an "analogue country" for investigative procedures;
2008/03/26
Committee: INTA
Amendment 132 #
Motion for a resolution
Paragraph 17 d (new)
17d. Considers that the countervailing duty and the anti-dumping instrument are two distinct instruments with their own scope of application that could be used in a complementary way;
2008/03/26
Committee: INTA
Amendment 133 #
Motion for a resolution
Paragraph 18
18. Points out that the TDI rules lack clarity in procedure which causes unnecessary uncertainty in regard to the initiation of investigations and the results of the investigations;deleted
2008/03/26
Committee: INTA
Amendment 135 #
Motion for a resolution
Paragraph 19
19. Urges the Commission to offer consultations with all interested parties including consumers' associations and trade unions at any stage of the proceeding;deleted
2008/03/26
Committee: INTA
Amendment 137 #
Motion for a resolution
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties; calls on the Hearing Officer to submit, following an independent analysis, to the European Parliament periodic reports in particular on the handling of cases by the Commission, including the conformity of the administrative practices with the basic regulations, and on the synthesis of its activities; stresses that for the sake of transparency and ensuring a meaningful role for the Hearing Officer, his/her reports following individual interventions should be made known to interested parties and the Antidumping Committee;
2008/03/26
Committee: INTA
Amendment 138 #
Motion for a resolution
Paragraph 21
21. Urges the Commission to improve transparency and promote accessibility to TDIs in particular with regard to the functioning of the Anti-Dumping Committee;deleted
2008/03/26
Committee: INTA
Amendment 140 #
Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to increase the transparency and predictability of the procedure of TDI investigations in the EU, to accelerate and simplify procedures, as well as to facilitate the accessibility of TDIs for SMEs, as they constitute the majority of the European industrial sector;
2008/03/26
Committee: INTA
Amendment 143 #
Motion for a resolution
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;
2008/03/26
Committee: INTA
Amendment 145 #
Motion for a resolution
Paragraph 23
23. Calls on the Commission to make public and available the agenda of the Anti-Dumping Committee and non- confidential documents concerning trade defence investigations on its internet site in a timely manner;deleted
2008/03/26
Committee: INTA
Amendment 146 #
Motion for a resolution
Paragraph 24
24. Urges the Commission to grant stakeholders the necessary time to react to the initiation of a new investigation and register themselves as interested parties;deleted
2008/03/26
Committee: INTA
Amendment 147 #
Motion for a resolution
Paragraph 25
25. Calls on the Commission to extend the consultation period for importers and users in particular as far as the determination of the analogue country is concerned;deleted
2008/03/26
Committee: INTA
Amendment 152 #
Motion for a resolution
Paragraph 26
26. Calls on the Commission to reconsider the EU’s current de minimis threshold presently fixed at 2% ad valorem; calls on the Commission to set a new de minimis threshold that would ensure that restrictions are not being imposed on imports that do not inflict real material injury on European economic operators;deleted
2008/03/26
Committee: INTA
Amendment 154 #
Motion for a resolution
Paragraph 27
27. Takes the view that AD and countervailing duty measures applied by the Commission should take the alternative form of quotas or tariff-quotas when this is deemed appropriate and that a phase-in or phase-out system similar to the one implemented in the footwear case is put into operation in new cases involving products suitable for final consumption;deleted
2008/03/26
Committee: INTA
Amendment 159 #
Motion for a resolution
Paragraph 28
28. Stresses that the investigating authority should introduce a "shipping clause", to exclude from the scope of measures products that have been shipped on or before the day of the entry into force of those measures;deleted
2008/03/26
Committee: INTA
Amendment 162 #
Motion for a resolution
Paragraph 29
29. Calls on the Commission and the Council to ensure the fullest possible transparency and objectivity of the decision-making process in TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 164 #
Motion for a resolution
Paragraph 29 a (new)
29a. Urges the Commission to guarantee that the process of decision-making in TDI investigations is based on transparent and objective standards;
2008/03/26
Committee: INTA
Amendment 165 #
Motion for a resolution
Paragraph 30
30. Urges the Commission and the Council to carefully review the way the Community institutions work together in anti-dumping and countervailing duty investigations so as to enhance their transparency and efficiency and ensure a more consistent and balanced result of new TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 167 #
Motion for a resolution
Paragraph 31
31. Stresses the importance of a transparent and democratic process in the Council based on the rules of majority voting;deleted
2008/03/26
Committee: INTA
Amendment 170 #
Motion for a resolution
Paragraph 31 a (new)
31a. Underlines that the legal certainty and the legal framework within which TDI investigations are conducted, are fundamental taking into account that the standard court procedure takes too long to properly address possible flaws in TDI investigations; underlines the need to ensure that interested parties have recourse to expedited judicial review;
2008/03/26
Committee: INTA
Amendment 174 #
Motion for a resolution
Paragraph 32
32. Believes that the credibility and effectiveness of the trade defence policy as an instrument of EU competitiveness needs to be improved and its legitimacy should be increased by more involvement of the European Parliament;deleted
2008/03/26
Committee: INTA
Amendment 177 #
Motion for a resolution
Paragraph 32 a (new)
32a. Asks for a greater share competence for other services of the Commission when conducting investigations, in order to guarantee the transparency and effectiveness of all TDI investigation procedures;
2008/03/26
Committee: INTA
Amendment 178 #
Motion for a resolution
Paragraph 32 b (new)
32b. Calls for real and strong involvement of the European Parliament, in order to improve the credibility and transparency of the trade defence policy in general and of TDIs in particular;
2008/03/26
Committee: INTA
Amendment 179 #
Motion for a resolution
Paragraph 33
33. Welcomes the fact that trade legislation on TDIs will come, with the Reform Treaty, in the scope of the co- decision procedure;ted
2008/03/26
Committee: INTA
Amendment 182 #
Motion for a resolution
Paragraph 33 a (new)
33a. Highlights and welcomes the fact that, through the ratification of the Treaty of Lisbon, the European Parliament will gain co-decision power in TDI matters; therefore requests the Commission not to introduce any kind of changes to the TDI procedures until the ratification of the Treaty;
2008/03/26
Committee: INTA
Amendment 183 #
Motion for a resolution
Paragraph 34
34. Underlines the need for the Commission to make a study for further reform of TDIs which would take into account the changing patterns of the world economy, irrespective of the disappointing results achieved by the Doha Development Agenda so far;deleted
2008/03/26
Committee: INTA
Amendment 185 #
Motion for a resolution
Paragraph 34 a (new)
34a. Considers that, under the Community interest test, the interests of Community producers must be given priority over other interests at stake;
2008/03/26
Committee: INTA
Amendment 186 #
Motion for a resolution
Paragraph 35
35. Urges the Commission to review the Community interest test, to give it the same weight as the existing three criteria, e.g. dumping, causality and injury and to set up, after public consultation, clear and legally binding guidelines on the methodological approach followed by the investigating authority;deleted
2008/03/26
Committee: INTA
Amendment 190 #
Motion for a resolution
Paragraph 35 a (new)
35a. Asks the Commission to use the Community interest test only as a last resort and to always address the removal of injurious dumping as its first priority;
2008/03/26
Committee: INTA
Amendment 193 #
Motion for a resolution
Paragraph 36
36. Calls on the Commission to negotiate the inclusion of a clause on mutual recognition of competition legislation in free trade agreements (FTAs) or other bilateral agreements;deleted
2008/03/26
Committee: INTA
Amendment 195 #
Motion for a resolution
Paragraph 37
37. Urges the Commission and the Council to actively work towards the creation of conditions for a new WTO multilateral agreement which would create a world-wide system of competition law able to replace the current TDI system (at least as far as AD and CVD are concerned);deleted
2008/03/26
Committee: INTA
Amendment 198 #
Motion for a resolution
Paragraph 37 a (new)
37a. Stresses that, given that TDIs are a concept developed within the WTO mandate, it can hardly be advisable to engage in a process of unilateral revision of such instruments: reciprocity, as well as parallel steps towards their revision, on a multilateral level, namely on the part of the major EU trading partners, should be a precondition for this initiative; recalls that for the time being TDIs are the sole instruments in international trade law to address unfair trading practices;
2008/03/26
Committee: INTA
Amendment 199 #
Motion for a resolution
Paragraph 38
38. Urges the Member States to maintain a common approach to this issue which would enable a better use of TDIs in the Community;deleted
2008/03/26
Committee: INTA
Amendment 201 #
Motion for a resolution
Paragraph 38 a (new)
38a. Asks the Council to demonstrate solidarity when dealing with TDIs, in order to guarantee that European industry and its workers are effectively protected when confronted with unfair competition;
2008/03/26
Committee: INTA
Amendment 203 #
Motion for a resolution
Paragraph 38 b (new)
38a. Warns against the risk that, through partial revisions of essential TDI concepts and practices, the objectivity and transparency of TDIs, which have been the basis of their global acceptance by all WTO partners, may be diminished, thereby damaging European based producers;
2008/03/26
Committee: INTA
Amendment 204 #
Motion for a resolution
Paragraph 39
39. Calls on the Commission to pursue with coherence and determination the objective of modernising TDIs and making them more suitable to face new globalisation challenges while refraining from any protectionist behaviours;deleted
2008/03/26
Committee: INTA
Amendment 207 #
Motion for a resolution
Paragraph 39 a (new)
39a. Urges the Commission not to propose a reform of the European regulation on TDI while the WTO negotiations are ongoing and until a real consensus is found among stakeholders and Member States;
2008/03/26
Committee: INTA