BETA

25 Amendments of Daniel CASPARY related to 2013/0103(COD)

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Recital 8

(8) Third countries increasingly interfere in trade of raw materials with a view to keeping raw materials in those countries for the benefit of domestic downstream users, for instance by imposing export taxes or operating dual pricing schemes. As a result, the costs of raw materials do not result from the operation of normal market forces reflecting supply and demand for a given raw material. Such interference creates additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, additional distortions of trade. In order to protect trade adequately, the lesser duty rule shall not apply in such cases of structural raw material distortions.deleted

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Recital 9

(9) Within the Union, countervailable subsidies are in principle prohibited pursuant to Article 107 (1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorized by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country/countries engaged in subsidisation.deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) N° 1225/2009
Article 1 – paragraph 4

1a. In Article 1, paragraph 4, the following sentence is added at the end of the paragraph: 'For the purpose of this regulation, raw materials are defined as significant material inputs including energy which are consumed in the production of the product subject to investigation. Distortions cover any policy or measure by the exporting country which favours the domestic consumption of such raw materials (including upstream material inputs into raw materials) over exports such as export taxes, lower VAT refunds for exports sales as compared to domestic sales, or dual pricing. Whether such distortions are significant is to be established on the basis of the difference between the non-distorted cost of the raw material and the total cost of manufacturing of the product subject to investigation. The Commission shall explain the analysis carried out in its conclusions of the investigation.'

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)

Regulation (EC) No 1225/2009
Article 1 – paragraph 4

1b. In Article 1, paragraph 4, the following sentence is added at the end of the paragraph: 'For the purpose of this regulation, the term structural raw material distortions shall be defined as distortions caused by dual pricing of and/or export taxes on raw materials representing a significant value of the product concerned. In the case of dual pricing, it shall be considered structurally distorting if the difference between the distorted and the non- distorted price amounts to at least 20 per cent of the non-distorted ex works price. In the case of export taxes, they shall be considered structurally distorting if they amount to at least 20 per cent. Only in cases where raw materials falling under the Combined Nomenclature Chapters 25- 26, 28 and 29 represent at least 40 per cent of the non-distorted ex works price of the product concerned shall structural raw material distortions be deemed to exist.'

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)

Regulation (EC) No 1225/2009
Article 2 – paragraph 7 a

1c. In Article 2, paragraph 7a, a sentence is added as following: 'The Commission shall adopt a guideline on the selection of an analogue country as a delegated act in accordance with Article 21 a (new) within six months after this regulation entered into force. This guideline shall list the selection criteria that the Commission uses for that purpose.'

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1225/2009
Article 7 – paragraph 1

Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission. to products in the process of transit to the Union. Products shall be deemed to be in the process of transit to the Union if they: (a) left the country of origin before the date on which the draft implementing act is submitted to the Advisory Committee, pursuant to Article 15, informing of the regulation imposing provisional measures; (b) are transported from the place of loading in the country of origin to the place of unloading in the Union under cover of a valid transport document issued before the date on which the draft implementing act is submitted to the Advisory Committee, pursuant to Article 15, informing of the regulation imposing provisional measures; (c) the goods have been shipped to be directly imported and put to consumption without transiting through a custom warehouse; (d) the transport documents clearly establish that from the outset these merchandise were solely and exclusively destined to the EU; and (e) arrive to the place of unloading within four weeks of the draft implementing act is submitted to the Advisory Committee, pursuant to Article 15.

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b

Regulation (EC) No 1225/2009
Article 7 – paragraph 2

(b) paragraph 2 is replaced by the following: ‘The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.’deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)

Regulation (EC) 1225/2009
Article 7 – paragraph 7 a (new)

(aa) In Article 7, a new paragraph 7 a is added: "The Commission shall adopt a guideline on the injury margin as a delegated act in accordance with Article 21 a (new) within six months after this regulation entered into force. This guideline shall contain more precise information about the Commission's investigative methods and the analytical framework used for the assessments made in the investigations."

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)

Regulation (EC) No 1225/2009
Article 7 – paragraph 1 – sentence 2

(ba) in Article 7, paragraph 1, the second sentence shall be replaced by the following: 'The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~seven months from the initiation of the proceedings. '

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b

Regulation (EC) No 1225/2009
Article 9 – paragraph 4

(b) in paragraph 4, the last sentence is replaced by the following: ‘The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.’deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a a (new)

Regulation (EC) No 1225/2009
Article 9 – paragraph 7 a (new)

(aa) In Article 9, a new paragraph 7 a is added: 'The Commission shall adopt a guideline on the injury margin as a delegated act in accordance with Article 21 a (new) within six months after this regulation entered into force. This guideline shall contain more precise information about the Commission's investigative methods and the analytical framework used for the assessments made in the investigations.'

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)

Regulation (EC) 1225/2009
Article 11 – paragraph 10 a (new)

(aa) In Article 11, a new paragraph 10 a is added as following: 'The Commission shall adopt a guideline on the expiry reviews and the duration of measures as a delegated act in accordance with Article 21 a (new) within six months after this regulation entered into force.'

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) No 1225/2009
Article 17 – paragraph 2

7a. Article 17 (2) shall be replaced by the following: "2. The final selection of parties, types of products or transactions made under these sampling provisions shall rest with the Commission, though preference shall be given to choosing a sample in consultation with, and with the consent of, the parties concerned, provided such parties make themselves known and should be makde sufficient information available, within ~~thre~~one weeks of initiation of the investigation, to enable a representative sample to be chosen."

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)

Regulation (EC) No 1225/2009
Article 21 a (new)

9a. A new Article 21 a is added: "Article 21a 1. The power to adopt delegated acts pursuant to this regulation is conferred on the Commission subject to the conditions laid down in this article. 2. The power to adopt delegated acts pursuant to this regulation shall be conferred to the Commission for a period of 5 years after this regulation entered into force. 3. The delegation of powers pursuant to this regulation may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to this regulation shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council."

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)

Regulation (EC) No 1225/2009
Article 21 – paragraph 7 a (new)

9b. In Article 21, a new paragraph 7 a (new) is added: 'The Commission shall adopt a guideline on the Union interest as a delegated act in accordance with Article 21 a (new) within six months after this regulation entered into force. This guideline shall contain more precise information about the Commission's investigative methods and the analytical framework used for the assessments made in the investigations, in particular the methodology for determining the effects of measures on different parties and the circumstances that may be taken into account to determine that measures would not be in the Union's interest.'

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 3

~~(a) subparagraph 3 is replaced by the following: ‘The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established.’~~deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b

Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission. to products in the process of transit to the Union. Products shall be deemed to be in the process of transit to the Union if they: (a) left the country of origin before the date on which the draft implementing act is submitted to the Advisory Committee, pursuant to Article 25, informing of the regulation imposing provisional measures; (b) are transported from the place of loading in the country of origin to the place of unloading in the Union under cover of a valid transport document issued before the date on which the draft implementing act is submitted to the Advisory Committee, pursuant to Article 25, informing of the regulation imposing provisional measures; (c) the goods have been shipped to be directly imported and put to consumption without transiting through a custom warehouse; (d) the transport documents clearly establish that from the outset these merchandise were solely and exclusively destined to the EU; and (e) arrive to the place of unloading within four weeks of the draft implementing act is submitted to the Advisory Committee, pursuant to Article 25.

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2

3a. In Article 12(1) subparagraph 2 shall be replaced by the following: "The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~seven months from the initiation of the proceedings. "

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)

Regulation (EC) No 597/2009
Article 12 – paragraph 6 a (new)

3b. In Article 12, a new paragraph 6 a is added: "The Commission shall adopt a guideline on the injury margin as a delegated act in accordance with Article 32 a within six months after this regulation entered into force. This guideline shall contain more precise information about the Commission's investigative methods and the analytical framework used for the assessments made in the investigations."

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Article 2 – paragraph 1 – point 5

Regulation (EC) No 597/2009
Article 15 – paragraph 1

~~5. In Article 15(1), the last subparagraph is replaced by the following: "The amount of the countervailing duty shall not exceed the amount of countervailable subsidies established."~~deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 597/2009
Article 15 – paragraph 4 a (new)

5a. In Article 15, a new paragraph 4 a is added: The Commission shall adopt a guideline on the injury margin as a delegated act in accordance with Article 32 a (new) within six months after this regulation entered into force. This guideline shall contain more precise information about the Commission's investigative methods and the analytical framework used for the assessments made in the investigations.

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)

Regulation (EC) No 597/2009
Article 18 – paragraph 7 a (new)

5b. In Article 18, a new paragraph 7 a is added as following: "The Commission shall adopt a guideline on the expiry reviews and the duration of measures as a delegated act in accordance with Article 32 a within six months after this regulation entered into force."

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)

Regulation (EC) No 597/2009
Article 27 – paragraph 2

8a. Article 27(2) shall be replaced by the following: "2. The selection of parties, types of products or transactions made under this Article shall rest with the Commission, though preference shall be given to choosing a sample in consultation with, and with the consent of, the parties concerned, provided that such parties make themselves known and should be makde sufficient information available, within ~~thre~~one weeks of initiation of the investigation, to enable a representative sample to be chosen. "

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

Regulation (EC) 597/2009
Article 32 a (new)

10a. A new Article 32a is added: "Article 32a (new) 1. The power to adopt delegated acts pursuant to this regulation is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts pursuant to this regulation shall be conferred to the Commission for a period of 5 years after this regulation entered into force. 3. The delegation of powers pursuant to this regulation may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to this regulation shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council."

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)

Regulation (EC) No 597/2009
Article 31 – paragraph 7a (new)

10b. In Article 31, a new paragraph 7 a (new) is added: "The Commission shall adopt a guideline on the Union interest as a delegated act in accordance with Article 32 a (new) within six months after this regulation entered into force. This guideline shall contain more precise information about the Commission's investigative methods and the analytical framework used for the assessments made in the investigations, in particular the methodology for determining the effects of measures on different parties and the circumstances that may be taken into account to determine that measures would not be in the Union's interest."

2013/12/20
Committee: INTA