Activities of Silvana KOCH-MEHRIN related to 2011/0039(COD)
Plenary speeches (1)
Common commercial policy (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures PDF (166 KB) DOC (72 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures PDF (883 KB) DOC (1 MB)
Amendments (8)
Amendment 337 #
Proposal for a regulation – amending act
Annex – section 19 – point -1 (new)
Annex – section 19 – point -1 (new)
Regulation (EC) No 597/2009
Recital 16
Recital 16
-1. Recital 16 shall be replaced by the following: "(16) It is necessary to provide that the termination of cases should, irrespective of whether definitive measures are adopted or not, normally take place within 11 months and in no case later than 12 months, from the initiation of the investigation. Only if Member States indicate to the Commission that they expect an intense controversy in the decision making process with the need to submit a draft implementing act to the appeal body pursuant to Article 5 of the Regulation (EU) No 182/2011, the Commission should be able to decide, to extend the time limit, for a period up to, but in no case longer than, 13 months."
Amendment 341 #
Proposal for a regulation – amending act
Annex – section 19 – point 2 a (new)
Annex – section 19 – point 2 a (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 9 a (new)
Article 11 – paragraph 9 a (new)
2a. The following paragraph shall be inserted: "9a. No later than 7 and a half months after the initiation of the investigation the Commission shall consult the Member States on the basis of the findings of the investigation. The Member States shall in this consultation indicate to the Commission whether they expect an intense controversy in the decision making process pursuant to Articles 14 and 15 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011. If so the Commission may decide, no later than eight months after the initiation of the investigation, to extend the time limit of paragraph 9, for a period up to, but in no case longer than, 13 months. The Commission shall make this decision public."
Amendment 344 #
Proposal for a regulation – amending act
Annex – section 19 – point 3 – point a
Annex – section 19 – point 3 – point a
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The provisional duties shall be imposed no earlier than 60 days, and no later than 98 months, from the initiation of the proceedings. In exceptional cases, having regard to the complexity of the investigationthe event that the Member States indicate to the Commission pursuant to Article 11(9a) that they expect an intense controversy in the decision making process pursuant to Articles 14 and 15 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011, the Commission may decide, no later than 8 months after the initiation of the investigation, to extend this time limit, to a period up to, but in no case longer than, 129 months.
Amendment 346 #
Proposal for a regulation – amending act
Annex – section 19 – point 10 – point a
Annex – section 19 – point 10 – point a
Regulation (EC) No 597/2009
Article 22 – paragraph 1 – subparagraph 2
Article 22 – paragraph 1 – subparagraph 2
Reviews carried out pursuant to Articles 18 and 19 shall be carried out expeditiously and shall normally be concluded within 121 months of the date of initiation of the review. In any event, reviews pursuant to Articles 18 and 19 shall be concluded within 154 months of initiation. In exceptional cases, having regard to the complexity of the investigation,No later than seven and a half month after the initiation of the investigation pursuant to Article 11 the Commission shall consult the Member States on the basis of the findings of the investigation. The Member States shall in this consultation indicate to the Commission whether they expect an intense controversy in the decision making process pursuant to Articles 14 and 15 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011 If so the Commission may decide, no later than 98 months after the initiation of the investigation, to extend thise time limit, for a period up to, but in no case longer than, 185 months. The Commission shall make this decision public.
Amendment 356 #
Proposal for a regulation – amending act
Annex – section 24 – point -1 (new)
Annex – section 24 – point -1 (new)
Regulation (EC) No 1225/2009
Recital 18
Recital 18
-1. Recital 18 shall be replaced by the following: "(18) It is necessary to provide that the termination of cases should, irrespective of whether definitive measures are adopted or not, normally take place within 12 months, and in no case later than 14 months, from the initiation of the investigation. Only if Member States indicate to the Commission that they expect an intense controversy in the decision making process with the need to submit a draft implementing act to the appeal body pursuant to Article 5 of the Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers1 the Commission should be able to decide, to extend the time limit, for a period up to, but in no case longer than, 15 months. Investigations or proceedings should be terminated where the dumping is de minimis or the injury is negligible, and it is appropriate to define those terms. Where measures are to be imposed, it is necessary to provide for the termination of investigations and to lay down that measures should be less than the margin of dumping if such lesser amount would remove the injury, as well as to specify the method of calculating the level of measures in cases of sampling."
Amendment 361 #
Proposal for a regulation – amending act
Annex – section 24 – point 3 a (new)
Annex – section 24 – point 3 a (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
3a. The following paragraph shall be inserted: "9a. No later than seven and a half months after the initiation of the investigation the Commission shall consult the Member States on the basis of the findings of the investigation. The Member States shall in this consultation indicate to the Commission whether they expect an intense controversy in the decision making process pursuant to Article 9 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011. If so the Commission may decide, no later than eight months after the initiation of the investigation, to extend the time limit of Article 6(9), for a period up to, but in no case longer than, 15 months. The Commission shall make this decision public."
Amendment 363 #
Proposal for a regulation – amending act
Annex – section 24 – point 4 – point a
Annex – section 24 – point 4 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given an adequate opportunity to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the Union industry, and if the Union interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days and no later than 98 months from the initiation of the proceedings. In exceptional cases, having regard to the complexity of the investigationthe event that the Member States indicate to the Commission pursuant to Article 6(10) that they expect an intense controversy in the decision making process pursuant to Article 9 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011, the Commission may decide, no later than 8 months after the initiation of the investigation, to extend this time limit, to a period up to, but in no case longer than, 129 months.
Amendment 364 #
Proposal for a regulation – amending act
Annex – section 24 – point 8 – point b
Annex – section 24 – point 8 – point b
Regulation (EC) No 1225/2009
Article 11 – paragraph 5 – subparagraphs 1 and 2
Article 11 – paragraph 5 – subparagraphs 1 and 2
The relevant provisions of this Regulation with regard to procedures and the conduct of investigations, excluding those relating to time-limits, shall apply to any review carried out pursuant to paragraphs 2, 3 and 4. Reviews carried out pursuant to paragraphs 2 and 3 shall be carried out expeditiously and shall normally be concluded within 12 months of the date of initiation of the review. In any event, reviews pursuant to paragraphs 2 and 3 shall be concluded within 154 months of initiation. In exceptionNo later than seven and a half months after the initiation of the investigation pursuant to Article 6 the Commission shall cases, having regard to the complexity of the investigation,onsult the Member States on the basis of the findings of the investigation. The Member States shall in this consultation indicate to the Commission whether they expect an intense controversy in the decision making process pursuant to Article 9 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011. If so the Commission may decide, no later than 98 months after the initiation of the investigation, to extend thise time limit, for a period up to, but in no case longer than, 185 months. The Commission shall make this decision public. Reviews pursuant to paragraph 4 shall in all cases be concluded within nine months of the date of initiation. If a review carried out pursuant to paragraph 2 is initiated while a review under paragraph 3 in ongoing in the same proceeding, the review pursuant to paragraph 3 shall be concluded at the same time as the review pursuant to paragraph 2.