8 Amendments of Patrizia TOIA related to 2016/0351(COD)
Amendment 13 #
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
Having regard to the resolution on China’s Market Economy Status adopted in the European Parliament on 12 May 2016,
Amendment 22 #
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 forcosts or prices may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials or energy, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists 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, decision, control or policy supervision or guidance of the authorities of the exporting country; 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 objectivesdistortion in the operation of the privatised economy; lack of implementation of company law with adequate corporate governance rules; lack of effective legal framework for the conduct of business and non-proper functioning of a free- market economy including intellectual property rights or bankruptcy laws; access to finance granted by institutions implementing public policy objectives; lack of existence of a genuine financial sector and low social and environmental standards leading to unfair competition. It is further appropriate to provide that the Commission services mayshall issue a report describing the specific situation concerning these criteria in a certain country or a certain sector in taking into consideration the specific situation of European industries where their fixed cost linked to investment represent more than 5% of the turnover in the market economy; that such report and the evidence on which it is based mayshall 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 41 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) It is appropriate to remind to European Institutions to coordinate with their major trading partners through multilateral or bilateral actions before and during investigations. In this regards, a comparative follow-up on the anti- dumping calculation with our major trading partners shall be exercised by the European Commission and the results is communicated to the stakeholders. To this purpose, the dedicated staff of the European Commission must increase.
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 - paragraph 6a - point b
Article 2 - paragraph 6a - 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 and energy, are not the result of free market forces as they are affected by government intervention or as they are the result of social and environmental dumping. In considering whether or not 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, decision, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; market share beyond 40% of the sector world market is held by the industry of the exporting country which could be a sign of abuse of a dominant position; 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 objectives; distortion in the operation of the privatised economy; lack of implementation of company law with adequate corporate governance rules; lack of effective legal framework for the conduct of business and non-proper functioning of a free-market economy including intellectual property rights or bankruptcy laws; lack of existence of a genuine financial sector by devaluation of the national currency and low social and environmental standards leading to unfair competition.
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 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, the Commission services mayshall issue a reportpublic report every year describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties such as trade unions and SMEs shall have ample opportunity to 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 made shall take into account all of the relevant evidence on the file. Insists that trade unions and SMEs should have the possibility to submit anti- dumping complaints.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point d
Article 2 – paragraph 6a – point d
(d) The Union industry and trade unions may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. Insists on the fact that the European Union should do more to help trade unions and firms to take advantages of EU measures to combat dumping, in that sense, trade unions and SMEs should be accompanied by a Help Desk for filing complaints and providing guidance in investigation proceedings. The desk could even help them to put together the initial evidence of economic injury needed to justify launching an anti-dumping investigation.
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point e
Article 2 – paragraph 6a – point e
(e) The parties including trade unions and SMEs to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point (a) and shall be given 10 days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19.
Amendment 94 #
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 all interested parties to comment. The Commission shall also take into account the lack of cooperation of the country of origin and/or export during the investigation.