8 Amendments of Helmut SCHOLZ related to 2013/0103(COD)
Amendment 36 #
Proposal for a regulation
Recital 2
Recital 2
(2) While the Regulations have been amended, there has not been a fundamental review of the functioning of these instruments since 1995. As a result, the Commission launched a review of the Regulations in 2011 in order to, inter alia, better reflect the needs of society and business at the beginning of the 21st century. Given today’s advancement of globalisation, issues of social and environmental dumping have emerged and need to be addressed. While in this regard reference is often made to the limitations in the WTO anti- dumping agreement to address social, environmental and human rights issues, the Charter of the United Nations, Chapter XVI, Article 103, states clearly that in "the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail".
Amendment 47 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure effective measures to fight against retaliation, Union producers should be able to rely on the Regulations without fear of retaliation by third partcountries. Existing provisions of the Regulations, under special circumstances, provide for the initiation of an investigation without having received a complaint, where sufficient evidence of the existence of dumping, countervailable subsidies, injury and causal link exists. Such special circumstances should include threat of retaliation by third countries. The launch of ex-officio investigations by the Commission should, however, remain the exception.
Amendment 49 #
Proposal for a regulation
Recital 7
Recital 7
(7) When an investigation is not initiated by a complaint, an obligation should be imposed on Union producers to provide the necessary information in order for the investigation to proceed, in order to ensure that sufficient information is available for carrying out the investigation in case of such threats of retaliation. Small-sized and micro-sized enterprises shall be exempt from this obligation in order to spare them from unreasonable bureaucratic burden and costs.
Amendment 54 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 62 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 1225/2009
Article 2 – paragraph 5
Article 2 – paragraph 5
Costs shall normally be calculated on the basis of records kept by the party under investigation, provided that such records are in accordance with the generally accepted accounting principles of the country concerned and that it is shown that the records reasonably reflect the costs associated with the production and sale of the product under consideration. Social Dumping is a practise involving the export of a good where the exporter’s costs are artificially lower than its competitors in countries with higher standards, hence representing an unfair advantage in international trade. Cost advantages achieved by abuse of weak and ineffectual enforcement of pollution control measures constitute an unfair trading practise and are to be considered as environmental dumping. If costs associated with the production and sale of the product under investigation are not reasonably reflected in the records of the party concerned, they shall be adjusted or established on the basis of the costs of other producers or exporters in the same country or, where such information is not available or cannot be used, on any other reasonable basis, including information from other representative markets.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EC) No 1225/2009
Article 6 – paragraph 10
Article 6 – paragraph 10
Union producers of the like product are obliged to cooperate in proceedings that have been initiated pursuant to Article 5 (6). Small sized and micro sized Union producers are exempt from this obligation.'
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
Article 9 – paragraph 4a (new)
Article 9 – paragraph 4a (new)
(4a) In article 9 new paragraph is added ´As expressed in the Madrid Declaration, the Union explicitly recognises the principle of the sovereign right of States to manage and regulate their natural resources, while stressing that due attention should be paid to sustainability criteria.´