Activities of Alexander Graf LAMBSDORFF related to 2016/0351(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union PDF (699 KB) DOC (109 KB)
Amendments (8)
Amendment 21 #
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 affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia,occurs when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considerwhen assessing wthether or not such a situation exist existence of significant distortions regard may 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 sacrificing of fact and law an adequate corporate governance; state presence in firms allowing the state to interfere 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 objectivethe lack of a transparent and effective functioning company law; the absence of a transparent set of laws which could cause discriminatory effects with regard to joint ventures and other foreign investment and access to finance granted by institutions implementing public policy objectives or any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions. It is further appropriate to provide that the Commission services may issue a report describing the specific situations on distortions, which could potentially result in an anti-dumping investigation, describing the market circumstances concerning these criteriainstances in a certain country or a certain sector, should be issued or updated; that such reports and the evidence on which it is they are based may be placed on the file of any investigation relating to that country or sector; 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 33 #
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, 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. Indications as to the existence of significant distortions may also be proffered by Union industry. Such indications should be considered when deciding on producing or updating the relevant reports.
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point b
Article 2 – paragraph 6 a – 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, including the costs of raw materials,are those distortions which occur when reported prices or costs are not the result of free market forces as they are affected by substantial government intervention. In considerWhen accessing wthether or not existence of significant distortions exist, regard may 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 sacrificing of fact and law an adequate corporate governance; state presence in firms allowing the state to interfere 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 objectivethe lack of a transparent and effective functioning company law; the absence of a transparent set of laws which could cause discriminatory effects with regard to joint ventures and other foreign investment; access to finance granted by institutions implementing public policy objectives or any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point c
Article 2 – paragraph 6 a – point c
(c) When appropriatethe Commission has well- founded indications of the possible existence of significant distortions as referred to in point (b), and when appropriate for the effective application of this Regulation, the Commission services may issue a report describing the specific situation concerning the criteria listed inmarket circumstances as per point (b) in a certain country or a certain sector shall be produced or updated. Such reports and the evidence on which it isthey are based mayshall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to rebut, 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 maderelating to the existence of significant distortions shall take into account all of the relevant evidence on the file.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the evidence in the report referred to in point (c) for the calculation of normal value, where meeting the standard of evidence in view of Article 5(9) when filing a complaint in accordance with Article 5, or a request for a review in accordance with Article 11, or a request for a reinvestigation in accordance with Article 12.
Amendment 120 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
Article 2 – paragraph 7 – subparagraph 1
Article 2 – paragraph 7 – subparagraph 1
In the case of imports from countries which are, at the date of initiation, not members of the WTO and listed in Annex I of Regulation (EU) 2015/755, normal value shall be determined on the basis of the price or constructed value in a market economy thirdn appropriate representative country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
Article 2 – paragraph 7 – subparagraph 2
Article 2 – paragraph 7 – subparagraph 2
An appropriate market economy thirdrepresentative country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy thirdn appropriate representative country which is subject to the same investigation shall be used.
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/1037
Article 10 – paragraph 7
Article 10 – paragraph 7
The Commission shall also offer consultations to the country of origin and/or export concerned with regard to other subsidies identified in the course of the investigation. In these situations, the Commission shall send to the country of origin and/or export a summary of the main elements concerning other subsidies, in particular those referred to in point (c) of paragraph 2 of this article. If the additional subsidies are not covered by the notice of initiation, the notice of initiation shall be amended and the amended version be published in the Official Journal of the European Union, inviting a. All interested parties will be given additional and sufficient time to comment.