Activities of Tokia SAÏFI related to 2013/0103(COD)
Plenary speeches (3)
Protection against dumped and subsidised imports from countries not members of the EU (debate) FR
Protection against dumped and subsidised imports from countries not members of the EU (debate)
Protection against dumped and subsidised imports from countries not members of the EU (debate)
Amendments (27)
Amendment 38 #
Proposal for a regulation
Recital 3
Recital 3
(3) Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation, improve effectiveness and enforcement and optimise review practice. In addition, certain practices that in recent years have been applied in the context of anti- dumping and anti-subsidy investigations should be included in the Regulations.
Amendment 39 #
Proposal for a regulation
Recital 3
Recital 3
(3) Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation, improve effectiveness and enforcement and optimise review practice, and to facilitate access to the instruments for SMEs. To this end, the function of the Export Helpdesk should be adapted. In addition, certain practices that in recent years have been applied in the context of anti- dumping and anti-subsidy investigations should be included in the Regulations.
Amendment 71 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 75 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 77 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 86 #
Proposal for a regulation
Article -1 (new)
Article -1 (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 4b
Article 1 – paragraph 4b
The following Article is added: ‘Article -1 For the purpose of this Regulation, it shall be understood that a raw material is the input of a given product which has a significant impact on its cost of production.’
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. A raw material shall be considered to be subject to structural distortion when its price is not solely the result of a normal operation of market forces reflecting supply and demand. Such distortions are the outcome of interference from third countries, which includes, inter alia, export taxes, export restrictions and dual pricing schemes.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
1c. In Article 6, a new paragraph 6a is added : 6a. The Commission shall adopt implementing acts to ensure the 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 file.
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9
Article 6 – paragraph 9
1d. Article 6, paragraph 9 shall be replaced by the following: For proceedings initiated pursuant to Article 5(9), an investigation shall be concluded within one year, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 1225/2009
Article 6
Article 6
2. In Article 6, the following paragraph 10 is added:s are added: The Commission shall facilitate access to the instrument for all industry sectors concerned through its Export Helpdesk service and by taking account of the specific needs of SMEs. In this regard, it shall, in particular, raise users’ awareness of the instrument, provide information and explanations on cases and guidance on additional opportunities for liaising with the Hearing Officer and national customs authorities. 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 frame. It shall inform the parties that they have the option of appealing to the Hearing Officer of the Directorate- General for Trade of the Commission.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point 1 (new)
Article 1 – paragraph 1 – point 2 – point 1 (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 10
Article 6 – paragraph 10
Upon request, SMEs may obtain questionnaires translated into their own language. In this regard, the Commission shall duly inform them of this option when initiating its investigation.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a – introductory part
Article 1 – paragraph 1 – point 3 – point a – introductory part
(a) Article 7(1) is replaced by the following: 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 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 CommunityUnion industry, and if the CommunityUnion interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days fromwithin seven months of the initiation of the proceedings but, or no later than nine months from the initiation of the proceedingsin exceptional circumstances for which evidence is provided and of which the interested parties shall be informed.
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1225/2009
Article 11 – paragraph 2
Article 11 – paragraph 2
5a. In Article 11, paragraph 2 is replaced by the following: ‘2. A definitive anti-dumping measure shall expire five years from its imposition or five years from the date of the conclusion of the most recent review which has covered both dumping and injury, unless it is determined in a review that the expiry would be likely to lead to a continuation or recurrence of dumping and injury. Such an expiry review shall be initiated on the initiative of the Commission, or upon request made by or on behalf of Community producers, and the measure shall remain in force pending the outcome of such review. An expiry review shall be initiated where the request contains sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Such likelihood may, for example, be indicated by evidence of continued dumping and injury or evidence that the removal of injury is partly or solely due to the existence of measures or evidence that the circumstances of the exporters, or market conditions, are such that they would indicate the likelihood of further injurious dumping. Such likelihood may also be indicated by continuing interference by other countries. In carrying out investigations under this paragraph, the exporters, importers, the representatives of the exporting country and the Community producers shall be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request, and conclusions shall be reached with due account taken of all relevant and duly documented evidence presented in relation to the question as to whether the expiry of measures would be likely, or unlikely, to lead to the continuation or recurrence of dumping and injury. A notice of impending expiry shall be published in the Official Journal of the European Union at an appropriate time in the final year of the period of application of the measures as defined in this paragraph. Thereafter, the Community producers shall, no later than three months before the end of the five-year period, be entitled to lodge a review request in accordance with the second subparagraph. A notice announcing the actual expiry of measures pursuant to this paragraph shall also be published.’
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1225/2009
Article 14 – paragraph 6
Article 14 – paragraph 6
6a. In Article 14, paragraph 6 is replaced by the following: ‘6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after receiving the opinion of the Advisory Committee, decide to provide them with information concerning the volume and import values of these products.’
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1225/2009
Article 19 a
Article 19 a
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 1225/2009
Article 22 a (new)
Article 22 a (new)
9a. The following article is inserted: ‘Article 22a Report 1. The Commission shall, with due regard to the protection of confidential information within the meaning of Article 19, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council. The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, reinvestigations, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom. The report shall also cover the use of trade defence instruments by third countries targeting the Union, information on the recovery of the Union industry concerned by the measures imposed and appeals against various measures imposed. It shall include the activities of the Hearing Officer of DG Trade and those of the Export Helpdesk in relation to the application of this Regulation. 2. The European Parliament may, within one month of the Commission's presentation of the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation.’
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 597/2009
Article 11 – new paragraphs
Article 11 – new paragraphs
2. In Article 11, the following paragraphs are added: ‘The Commission shall facilitate access to the instrument for all industry sectors concerned, with regard to anti-dumping affairs, through its Export Helpdesk service in particular. This service shall raise users’ awareness of the instrument, provide information and explanations on cases, and guidance on additional opportunities for liaising with the Hearing Officer and national customs authorities. After the initiation of an investigation, it shall identify and inform those sectors that are likely to be affected by the initiation of proceedings and shall provide them with the relevant deadlines for registering as an interested party. It shall inform the sectors concerned about the possibilities and conditions under which they may request a review of the measures and a refund of the anti-dumping duties paid. 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. It shall inform the parties that they have the option of appealing to the Hearing Officer of the Commission Directorate-General for Trade.’
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11 (new)
Article 11 – paragraph 11 (new)
2b. Upon request, SMEs may obtain questionnaires translated into their own language. In this regard, the Commission shall duly inform them of this option when initiating its investigation.
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 9
Article 11 – paragraph 9
2c. In Article 11 (9) shall be replaced by the following: 9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall in all cases be concluded within 13 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.
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point -a (new)
Article 2 – paragraph 1 – point 3 – point -a (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 280 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b a (new)
Article 2 – paragraph 1 – point 3 – point b a (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
(ba) In Article 12(1), the second sub- paragraph is replaced by the following: ‘The provisional duties shall be imposed no earlier than 60 days fromwithin seven months of the initiation of the proceedings but, or no later than nine months from the initiation of the proceedings.in exceptional circumstances for which evidence is provided and of which the interested parties shall be informed.’
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 597/2009
Article 24 – paragraph 6
Article 24 – paragraph 6
7a. Article 24(6) shall be replaced by the following: ‘6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after consulting the Advisory Committee, take decide to inform the interested parties about the volume and import values of these products.’
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29b
Article 29b
Amendment 332 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Regulation (EC) No 597/2009
Article 33 a (new)
Article 33 a (new)
10a. The following article is inserted: ‘Article 33a Report 1. The Commission shall, with due regard to the protection of confidential information within the meaning of Article 19, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council. The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, reinvestigations, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom. The report shall also cover the use of trade defence instruments by third countries targeting the Union, information on the recovery of the Union industry concerned by the measures imposed and appeals against various measures imposed. It shall include the activities of the Hearing Officer of DG Trade and those of the Export Helpdesk in relation to the application of this Regulation. 2. The European Parliament may, within one month of the Commission's presentation of the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation.