BETA

Activities of Matteo SALVINI related to 2013/0103(COD)

Shadow reports (1)

2016/11/22
Committee: INTA
Dossiers: 2013/0103(COD)
Documents: PDF(397 KB) DOC(526 KB)

Amendments (40)

Proposal for a regulation
Recital 4

(4) In order to improve transparency and predictability of anti-dumping and anti- subsidy investigations, the parties affected by the imposition of provisional anti- dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-imposition.deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Recital 10

~~(10) In order to optimise the review practice, duties col~~delected during the investigation should be reimbursed to importers, where measures are not prolonged after the conclusion of an expiry review investigation. This is appropriate given that the conditions required for the continuation of the measures have not been found to exist during the investigation period.

2013/12/20
Committee: INTA

Proposal for a regulation
Recital 18

~~(18) In making the Union interest assessment, the opportunity to provide comments should be given to all producers in the Union and not just those producers lodging the complaint.~~deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Recital 18 a (new)

(18a) The Commission should inform the European Parliament and the Council of the initiation of any investigations.

2013/12/20
Committee: INTA

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

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

1a. In Article 1(1), the following sentence is added: The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 5 – paragraph 3 a (new)

1b. Article 5 is amended as follows: (a) the following paragraph is added: 3a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, in the context of anti- dumping cases, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to fill a compliant and how to better present evidences, in particular through: (i) standardising forms for statistics; (ii) setting the investigation period to coincide with the financial year; (iii) diminishing the burden caused by language barriers in a proportionate manner. Furthermore, the Commission shall collect and provide to SMEs information on the evolution of the volume and value of imports of the product concerned in cases where SMEs provide prima facie evidence of dumping.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 5 – paragraph 4

1c. Article 5 is amended as follows: (b) in paragraph 4 the following sentence is added: The Commission shall facilitate reaching these thresholds for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, through the support of the SME Help Desk.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 5 – paragraph 6

1d. Article 5, paragraph 6 shall be replaced by the following: 6. If, in special circumstances, as in the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, it is decided to initiate an investigation without having received a written complaint by or on behalf of the ~~Community~~Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 6 – paragraph 9

2a. Article 6(9) shall be replaced by the following: 9. For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, be concluded within ~~one year~~9 months. In any event, such investigations shall in all cases be concluded within 152 months of initiation, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 6 – paragraph 10 b (new)

2b. In Article 6 the following paragraph is added: "10b. The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non- confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform."

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 6 – paragraph 10 c (new)

2c. In Article 6 the following paragraph is added: "10c. The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer where appropriate."

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

(a) in paragraph 1, the following sentence is added: ‘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.’deleted

2013/12/20
Committee: INTA

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

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

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.

2013/12/20
Committee: INTA

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

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

3a. Article 7(1) shall be replaced by the following: 1. Provisional duties ~~may~~shall 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 adequate opportunities 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 ~~Community~~ Union industry, and if the ~~Community~~Union interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~six months from the initiation of the proceedings.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 8 – paragraph 4

3b. Article 8(4) shall be replaced by the following: 4. Parties which offer an undertaking shall be required to provide a meaningful non- confidential version of such undertaking including disclosure of its content and nature, so that it may be made available to interested parties to the investigation. Furthermore, the Commission shall consult the Union industry with regard to the appropriateness, the construction and operation of such undertaking.

2013/12/20
Committee: INTA

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

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

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.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 11 – paragraph 5

(a) in paragraph 5, the following subparagraph is added: ‘If following an investigation pursuant to paragraph 2, the measure expires, any duties collected from the date of the initiation of such investigation shall be repaid provided that this is requested from national customs authorities and granted by those authorities in accordance with the applicable Union customs legislation concerning repayment and remission of duty. Such repayment does not give rise to the payment of interest by the national customs authorities concerned.’deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1225/2009
Article 14 – paragraph 5

6a. Article 14(5) shall be replaced by the following: 5. The Commission ~~may~~shall, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that, for instance, measures may subsequently be applied against those imports from the date of such registration. Imports ~~may~~shall be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Community industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)

Regulation (EC) No 1225/2009
Article 14 – paragraph 6

6b. In Article 14(6), the following sentence is added: The Commission shall in a timely manner place on the file available for inspection by interested parties information regarding the volume and value of imports of those products.

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. In Article 17(2) the following sentence is added: "In the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, the final selection of parties should, where possible, take into account their proportion in the sector concerned."

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 8

1. The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include: (a) a summary of the proposed duties for information purposes only, and (b) details of the calculation of the dumping margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 19. Parties shall have a period of three working days to provide comments on the accuracy of the calculations.deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – introductory part

Regulation (EC) No 1225/2009
Article 21

9. Article 21 shall be replaced by the following: 1. A determination as to whether the ~~Community~~Union interest calls for intervention shall be based on an appreciation of all the various interests ~~taken~~presented as a whole, including the interests of the domestic industry and users and consumers, and a determination pursuant to this Article shall only be made where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade distorting effects of injurious dumping and to restore effective competition shall be given special consideration. Measures, as determined on the basis of the dumping and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the ~~Community interest to apply such measur~~Union interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by dumped imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the ~~Community~~Union interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the anti-dumping investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information. ~~3. T~~Only information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the ~~Community~~Union interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Article 9. 6. TOnly the parties which have acted in conformity with paragraph 2 may request the facts and considerations on which final decisions are likely to be taken to be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall only be taken into account for a determination of Union Interest under this paragraph when it is presented and where it is supported by actual evidence which substantiates its validity and is subsequently verified.

2013/12/20
Committee: INTA

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

Regulation (EC) No 1225/2009
Article 22 – paragraph 2 (new)

9a. In Article 22, the following paragraph is added: 2. Any documents aimed at clarifying the practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation.

2013/12/20
Committee: INTA

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

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

1a. In Article 1(1), the following sentence is added: "The use of any subsidized products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry."

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 10 – paragraph 3 a (new)

1b. Article 10, is amended as follows: (a) the following paragraph is added: 3a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, in the context of anti- dumping cases, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to fill a compliant and how to better present evidences, in particular through: (i) standardising forms for statistics; (ii) setting the investigation period to coincide with the financial year; (iii) diminishing the burden caused by language barriers in a proportionate manner. Furthermore, the Commission shall collect and provide to SMEs information on the evolution of the volume and value of imports of the product concerned in cases where SMEs provide prima facie evidence of countervailable subsidies.

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 10 – paragraph 6

1c. Article 10, is amended as follows: (b) in paragraph 6 the following sentence is added: The Commission shall facilitate reaching these thresholds for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, through the support of the SME Help Desk.

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 10 – paragraph 8

~~"8. If, in special circumstanc~~1d. Article 10 (8) shall be replaced by the following: "8. If, in special circumstances, as in the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, the Commission decides to initiate an investigation without having received a written complaint by or on behalf of the ~~Community~~Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of countervailable subsidies, injury and causal link, as described in paragraph 2, to justify such initiation."

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 11 – paragraph 9

2a. Article 11(9) is replaced by the following: 9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within ~~one year~~9 months. In any event, such investigations shall in all cases be concluded within 130 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action.

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 11 – paragraph 11b (new)

2b. In Article 11 a new paragraph is added: 11b. The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non- confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform.

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 11 – paragraph 11 c (new)

2c. In Article 11 a new paragraph is added: "11c. The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer where appropriate."

2013/12/20
Committee: INTA

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

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

(aa) In Article 12(1), the first and second subparagraph shall be replaced by the following: 1. Provisional duties ~~may~~shall be imposed if: (a) proceedings have been initiated in accordance with Article 10; (b) a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with the second subparagraph of Article 10(12); (c) a provisional affirmative determination has been made that the imported product benefits from countervailable subsidies and of consequent injury to the Community industry; and (d) the Community interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~six months from the initiation of the proceedings.

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

(b) the following subparagraph is added at the end: ‘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.’deleted

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 13 – paragraph 4

3a. Article 13(4) shall be replaced by the following: 4. Parties which offer an undertaking shall be required to provide a meaningful non- confidential version of such undertaking including disclosure of its content and nature, so that it may be made available to interested parties to the investigation. Furthermore, the Commission shall consult the Union industry with regard to the appropriateness, the construction and operation of such undertaking.

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a

Regulation (EC) No 597/2009
Article 22 – paragraph 1

(a) in paragraph 1 the following subparagraph is added: "If following an investigation pursuant to Article 18, the measure expires, any duties collected after the date of the initiation of such investigation shall be reimbursed. The reimbursement should be requested from national customs authorities in accordance with the applicable Union customs legislation."deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)

Regulation (EC) No 597/2009
Article 24 – paragraph 5

7a. Article 24(5) shall be replaced by the following: 5. The Commission ~~may~~shall, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that, for instance, measures may subsequently be applied against those imports from the date of such registration. Imports ~~may~~shall be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Community industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by Regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)

Regulation (EC) No 597/2009
Article 24 – paragraph 6

7b. In Article 24(6), the following sentence is added: "The Commission shall in a timely manner place on the file available for inspection by interested parties information regarding the volume and value of imports of those products."

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. In Article 27(2) the following sentence is added: "In the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, the final selection of parties should, where possible, take into account their proportion in the sector concerned."

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 9

Regulation (EC) No 597/2009
Article 29 b

1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties. Such information shall include: (a) a summary of the proposed duties for information purposes only, and (b) details of the calculation of the subsidy margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 29. Parties shall have a period of three working days to provide comments on the accuracy of the calculations.deleted

2013/12/20
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point 10 – introductory part

Regulation (EC) No 597/2009
Article 31

10. Article 31 shall be replaced by the following: 1. A determination as to whether the ~~Community~~Union interest calls for intervention sh~~ould~~all be based on an appr~~aisal~~eciation of all the various interests ~~taken~~presented as a whole, including the interests of the domestic industry and users and consumers~~. A~~, and a determination pursuant to this Article shall be made only where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade- distorting effects of injurious subsidisation and to restore effective competition shall be given special consideration. Measures, as determined on the basis of subsidisation and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the ~~Community interest to apply such measur~~Union interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by subsidised imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the ~~Community~~Union interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time -limits specified in the notice of initiation of the countervailing duty ~~investigation~~, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this paragraph, and they shall be entitled to respond to such information. ~~3. T~~Only information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the ~~Community~~Union interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Articles 14 and 15. 6. TOnly the parties which have acted in conformity with paragraph 2 may request ~~that~~ the facts and considerations on which final decisions are likely to be taken be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall be taken into account for a determination of Union Interest under this paragraph when it is presented and only where it is supported by actual evidence which substantiates its validity and is subsequently verified.

2013/12/20
Committee: INTA

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

Regulation (EC) No 597/2009
Article 33 – paragraph 2 (new)

10a. In article 33, the following paragraph is added: 2. Any documents aimed at clarifying the practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation.

2013/12/20
Committee: INTA