58 Amendments of Zbigniew ZALESKI related to 2007/2198(INI)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
1a. having regard to its resolution of 15 November 2007 on the European interest: succeeding in the age of globalisation1,,
Amendment 4 #
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
2b. having regard to its resolution of 25 October 2006 on the annual report from the Commission to the European Parliament on third country anti- dumping, anti-subsidy and safeguard action against the Community (2004)1,
Amendment 18 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the framework of the Doha Development Agenda, the WTO rules on trade defence are subject to multilateral negotiations which have not yet been resumed; whereas, the vast majority of WTO member states do not intend to introduce new trade defence rules which would lead to more free and fair trade without protectionism
Amendment 20 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the European Parliament has already stated its opposition to a unilateral dismantling of the TDIs and its preference to maintain the existing level of stringency,
Amendment 22 #
Motion for a resolution
Recital D
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,
Amendment 30 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, European competitiveness depends on the ability to shelter European companies from uncompetitive and unfair trade practice, whereas European production and manufacturing play a crucial role in the creation of economic growth and employment,
Amendment 31 #
Motion for a resolution
Recital F
Recital F
Amendment 36 #
Motion for a resolution
Recital F a (new)
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 EU,
Amendment 42 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses the importance of enhancing the competitiveness of EU industries by eliminating unfair trade practices in international trade; underlines the importance of effective TDIs;
Amendment 44 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
Amendment 45 #
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 51 #
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 52 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that negotiations are currently taking place on multilateral disciplines concerning TDIs within the framework of the DDA ; welcomes those negotiations but regrets US opposition to reforms of the WTO’s framework for TDIs; Notes that the worldwide increase in the use of TDIs, particularly by advanced industrial countrie and, calls for new and more stringent rules at WTO level so as to ensure free and fair world trade is maintained;
Amendment 53 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Warns of the danger of unilaterally weakening the EU to such an extent that it is unable to counteract unfair trading practices in an international context marked by the proliferation of such practices and the intensive, and often abusive, use of trade defence measures by third countries against imports from the EU;
Amendment 57 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the belief in the benefits of an open trading system, based on free and fair competition, 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;
Amendment 59 #
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 62 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 64 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the TDI rules lack clarity in procedure which causes unnecessary uncertainty both in regard to the initiation, procedure of invesTDIs are not intended to serve the general economic interests of the EU, but to protect the interests of producers and employees against impairment caused by dumping or illegal subsidies; stresses that compared with those of other WTO members, EU TDI rules have a quasi-judicial character and EU standards are characterised by sufficient clarity in procedure especially with regard to the initigations, course and in the subsequent outcome of these investigations;
Amendment 67 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that TDIs are not intended to serve the general economic interests of the EU, but to protect the interests of producers and employees against impairment caused by dumping or illegal subsidies;
Amendment 75 #
Motion for a resolution
Paragraph 4 a (new)
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;
Amendment 76 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 78 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to take into more serious consideratioincorporate in the overall EU strategy on development whenthe principles of free and fair trade in order to support the least developed countries (LDCs) to establish a competition environment which prevents unfair trade practices and helps to reduce the opening of anti-dumping (AD) investigations against developing countriethe LDCs;
Amendment 80 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to demand a strict application of the existing WTO rules on dumping and subsidies to the emerging economies such as China; asks the Commission to engage in bilateral talks on free and fair competition with these countries;
Amendment 82 #
Motion for a resolution
Paragraph 6
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;
Amendment 85 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 89 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trading actions that hamper the ordinary course of trade, such as fraud, circumvention and dual pricing, which greatly affect fair competition in international markets;
Amendment 91 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all the increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention and dual pricing which significantly affect fair competition in international markets;
Amendment 94 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to reviseuphold its standards of initiation for new TDI investigations andwhich 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 cthe Community interest; believes that, compared to those of the EU´s trading partners, current TDI rules ensure a balanced consideration of all interests involved;
Amendment 100 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
Motion for a resolution
Paragraph 10 a (new)
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;
Amendment 103 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that the current application by the Commission lacks clarity with regard to the initiation of investigations; stresses the need to concentrate the investigations in this phase on gathering evidence of dumping and injury;
Amendment 106 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the commission to reconsiderBelieves, that 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 is necessary to ensure access by European SMEs to these instruments;
Amendment 107 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the creation of a special TDI-helpdesk for SMEs for advice on the preparation of complaints; asks further to provide a simplified questionnaire for SMEs; asks the Commission to grant open access to Eurostat and access to information collected on site by EU representations in third countries concerned;
Amendment 110 #
Motion for a resolution
Paragraph 12
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 Communitythere is no reason to reconsider the definition of “Community industry”; reminds the Commission of Article 4 of the Agreement on the implementation of Article IVof GATT 1994 , which refers to "the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products" and which excludes all producers "related to the exporters or importers or are themselves importers of the allegedly dumped product" for the definition of the term "domestic industry";
Amendment 117 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on Commission and the Member States to take into account the long-term impact of TDI measures on consumers, by assessing their consequences in terms of price level, quality, availability and choice as well as sustainable competition in the markets;
Amendment 122 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets the fact that theBelieves that there is no real alternative to the current 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; urges the non- market economies to engage in internal reforms aimed at guaranteeing free and fair competition;
Amendment 124 #
Motion for a resolution
Paragraph 16
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 feasibleand the anti-dumping instrument are two distinct instruments that should be used in a complementary way respecting their own scope of application;
Amendment 126 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" 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;
Amendment 128 #
Motion for a resolution
Paragraph 17 a (new)
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;
Amendment 129 #
Motion for a resolution
Paragraph 17 a (new)
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;
Amendment 130 #
Motion for a resolution
Paragraph 17 b (new)
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;
Amendment 137 #
Motion for a resolution
Paragraph 20
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;
Amendment 140 #
Motion for a resolution
Paragraph 21 a (new)
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;
Amendment 144 #
Motion for a resolution
Paragraph 22
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;
Amendment 145 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 153 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that the EU current de minimis thresholds that apply to dumping and injury should not be set at a higher level; states that for the dumping de minimis threshold, even low levels of dumping can have very significant effects in the market, in particular on price sensitive and seasonal products;
Amendment 156 #
Motion for a resolution
Paragraph 27
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 consumpform of tariffs in order to comply with the relevant WTO regulations;
Amendment 157 #
Motion for a resolution
Paragraph 27
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 consumpform of tariffs in order to comply with the relevant WTO regulations;
Amendment 159 #
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 163 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission and the Council to ensure the fullest possiblto ensure the transparency and objectivity of the decision-making process in TDI investigations;
Amendment 166 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on the Commission to act forcefully against fraud, circumvention or non-respect of IPR;
Amendment 173 #
Motion for a resolution
Paragraph 31 a (new)
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;
Amendment 194 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls on the Commission to enhance the competitiveness of producer industries in the Union by eliminating all competitive distortions which occur in international trade so as to ensure workable international competition;
Amendment 197 #
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Urges the Commission not to change its administrative practice before a revision of the basic legislation has taken place;
Amendment 202 #
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Urges the Member States to uphold a European common approach and solidarity on this issue which would enable a better use of TDIs in the Community in favour of European industry and its workers when they are confronted with unfair competition;
Amendment 205 #
Motion for a resolution
Paragraph 39
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 behaviourstrengthening and modernising TDIs; Urges the Commission to consider the outcome of ongoing WTO negotiations and the consensus among Member States before reforming the European regulation on TDIs;