BETA

26 Amendments of Reinhard BÜTIKOFER related to 2016/0351(COD)

Amendment 14 #
Proposal for a regulation
Citation 2 a (new)
Having regard to the resolution on China’s Market Economy Status adopted in the European Parliament on 12 May 2016,
2017/03/22
Committee: ITRE
Amendment 16 #
Proposal for a regulation
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 forces may be deemed to exist. In particular, iSignificant dis appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials,tortions for the product concerned are distortions that occur when reported prices or costs of one or more factors of production are not the result of free market forces becauseas they are affected by government intervention. It is further or are significantly low due to the lack of compliance with core international social and environmental standards. It is appropriate to clarify that in considering whether or not such a situation exists regard mayshould be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprisesstate- induced distortions in the operation of enterprises linked to privatization and the use of non-market trading or compensation system; a lack of transparent and non-discriminatory company law ensuring adequate corporate governance; the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which is operate under the ownership, 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 d independently from the state and which, in law and in practice, is subject to sufficient guarantee provisions and adequate supervision; the lack of ratification and of correct implementation of core International Labour Organisation (ILO) Conventions and of Multilateral Environmental Agreements (MEA) to which the Union is party, and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions. It is also appropriate to clarify that the existence of one or more significant distortions in the economy as a whole or in a sector of the economy of the exporting country should lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarkets forces; and access to finance granted by institutions implementing public policy objectives each factor of production in the construction of the normal value. In the event that an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted, such costs should be used in the construction of the normal value. It is further appropriate to provide that the Commission services mayshould issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that Union industry and trade unions should be consulted during the drafting process; that 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; 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. The Commission should update that report every two years. Upon request of the European Parliament, Union industry or trade unions, or at the Commission's own initiative when the circumstances in a specific country or sector have changed, the Commission should also update the report. The Commission should include an analysis on the implementation and effect of this Regulation in its annual report on the Union's anti-dumping, anti-subsidy and safeguard activities and should present it to the European Parliament.
2017/05/23
Committee: INTA
Amendment 17 #
Proposal for a regulation
Recital 2
(2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate the basis on which normal value should be determined in the case of imports from non-market econcountries not Members of the WTO and listed in Annex I of Regulation (EU) 2015/755 and fromy countries that do not fulfil the criteria mentioned in article 2(7)(a). In view of developments with respect to certain countries that are Members of the WTO, it is appropriate that, for those countries that respect the criteria included in Article 2(7)(a), normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036, with effect from the date on which this Regulation enters into force, and subject to the provisions of this Regulation. In the case of countries which are, at the date of initiation, not Members of the WTO and listed in Annex I of Regulation (EU) 2015/7552 , norma1 value should be determined on the basis of paragraph 7 of Article 2 of Regulation (EU) 2016/1036, as amended by this Regulation. This Regulation should be without prejudice to establishing whether or not any WTO Member is a market economy. _________________ 2Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
2017/03/22
Committee: ITRE
Amendment 27 #
Proposal for a regulation
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 forces 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, 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: lack of compliance with international social and environmental standards having as result an impact on cost production; the market in question is to a significant extent served by enterprises which operate under the ownership, 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 objectives. It is further appropriate to provide that the Commission services mayshould issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that 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; 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.
2017/03/22
Committee: ITRE
Amendment 32 #
Proposal for a regulation
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. It is especially the case in the absence of equivalent environmental and social standards or when overcapacities have an important impact on prices and costs. Overcapacities are defined when the commercial surpluses start being structural without any comparative advantage in the country, when domestic prices and export prices are lower than the prices on the world market or when investments in new production capacities are realised in discordance with a growing commercial surplus.
2017/03/22
Committee: ITRE
Amendment 37 #
Proposal for a regulation
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted orshould be established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment.
2017/05/23
Committee: INTA
Amendment 40 #
Proposal for a regulation
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a7 of Article 2, the reasonable period of time provided for in the first sub-paragraph of Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated. With a view to reducing the risk of circumvention of the provisions of this Regulation, the same approach should apply with respect to reviews conducted pursuant to Article 11(4) of Regulation (EU) 2016/1036. It is also appropriate to recall that a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a7 of Article 2 would not in itself constitute sufficient evidence within the meaning of Article 11(3) of Regulation (EU) 2016/1036. Such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
2017/05/23
Committee: INTA
Amendment 40 #
Proposal for a regulation
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.
2017/03/22
Committee: ITRE
Amendment 42 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 - paragraph 6a - point a
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country and with sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification and effective implementation by the third country of the Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
2017/03/22
Committee: ITRE
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point a
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sectors therein, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development. An appropriate representative country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available ast the exporting country, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profitstime of selection. The selected country shall also have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification by the third country of the MEAs and protocols to which the Union is party at any point in time and of the ILO Conventions listed in Annex -I. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. The existence of one or more significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each factor of production in the construction of the normal value. If an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted, those costs shall be used in the construction of the normal value. The reliability of the costs and prices of a given factor to be considered undistorted shall be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production.
2017/05/23
Committee: INTA
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
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, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard may be had, inter alia, to the potential impact of the following: lack of compliance with international social and environmental standards having as result an impact on cost production; the market in question is to a significant extent served by enterprises which operate under the ownership, 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 objectives.
2017/03/22
Committee: ITRE
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
(ba) Significant distortions for the product concerned within the meaning of point (a) shall be deemed to exist, inter alia, when reported prices or costs are the result of overcapacities in the sense that the price or the cost of the product are not the result of free market forces as they are affected by levels of overproductions which reduce the impact of fixed costs.
2017/03/22
Committee: ITRE
Amendment 62 #
(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. The report shall include information on the compliance with international environmental and social standards that affect the cost production. 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 participation of SMEs in supplementing, commenting and relying on the report should be improved by strengthening the role of the SME Help Desk. The European Parliament will be informed by the Commission on the content of this report and will also be given the opportunity to supplement the information given in it. The determinations made shall take into account all of the relevant evidence on the file.
2017/03/22
Committee: ITRE
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
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, are not the result of free market forces as they are affected by government interventionare those distortions that occur when reported prices or costs of one or more factors of production are not the result of free market forces as they are affected by government intervention or are significantly low due to the lack of compliance with core international social and environmental standards. In considering whether or not significant distortions exist regard mayshall 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, 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 objectivestate-induced distortions in the operation of enterprises linked to privatization and the use of non-market trading or compensation system; the lack of a transparent and non discriminatory company law which ensures adequate corporate governance; the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which is operated independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; the lack of implementation of MEAs to which the Union is party at any point in time and of the ILO Conventions listed in Annex -I, and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions.
2017/05/23
Committee: INTA
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
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.
2017/03/22
Committee: ITRE
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
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.
2017/03/22
Committee: ITRE
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
Article 2 - paragraph 7
In the case of imports from countries which are, at the date of initiation, not members of the WTO and listed in Annex I of Regulation (EU) 2015/755, normal value shall be determand in the case of countries that do not respect the following criteria: 1. low degree of government influence over the allocation of resources and decisions enterprises, whether directly or indirectly; 2. absence of state-induced distortions in the operation of enterprises linked on the basis of the price or constructed value in a market economy third countryto privatisation and the use of non-market trading or compensation system; 3. the existence and implementation of a transparent and non-discriminatory company law, which ensures adequate corporate governance; 4. the existence of implementation of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; 5. the existence of a genuine financial sector, which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; the normal value shall be determined on the basis of the price or constructed value in a third country that respects the above mentioned criteria, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.
2017/03/22
Committee: ITRE
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services mayshall issue a detailed report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been opened, the report shall be completed and published before the entry into force of this Regulation. Union industry and trade unions shall be consulted during the report drafting process. 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 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. The Commission shall update the report every two years. The Commission shall also update the report upon request of the European Parliament, Union industry or trade unions, or at the Commission's own initiative when the circumstances in a specific country or sector have changed. The Commission shall include an analysis on the implementation of this Regulation in its annual report on the Union's anti- dumping, anti-subsidy and safeguard activities and shall present it to the European Parliament.
2017/05/23
Committee: INTA
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
Article 2 - paragraph 7
An appropriate market economy third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. The selected country shall also have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification and effective implementation by the third country of the Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used.
2017/03/22
Committee: ITRE
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
Article 2 - paragraph 7
The parties to the investigation shall be informed shortly after its initiation of the market economy third country envisaged and shall be given 10 days to comment.
2017/03/22
Committee: ITRE
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2016/1036
Article 2 - paragraph 7 - point b
In article 2, paragraph 7 (b) is replaced by the following: (b) In anti-dumping investigations concerning imports from the countries that do not respect the five criteria mentioned in paragraph 7(a), the normal value shall be determined in accordance with paragraphs 1 to 6, if it is shown, on the basis of properly substantiated claims by one or more producers subject to the investigation, that those criteria do not prevail for this producer or producers in respect of the manufacture and sale of the like product concerned. When that is not the case, the rules set out under point (a) shall apply.
2017/03/22
Committee: ITRE
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EU) 2016/1037
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.
2017/03/22
Committee: ITRE
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) of this paragraph 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. When the report shows the existence of one or more significant distortions, it shall constitute sufficient evidence to justify the calculation of the normal value pursuant to the methodology referred to in point (a) of this paragraph. In any event, no additional burdens shall be imposed upon the Union industry.
2017/05/23
Committee: INTA
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point e
(e) The parties 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) andAt the initiation of an investigation related to imports from a country or sector in which the Commission has indications of the possible existence of significant distortions, the Commission shall make a provisional determination as to the existence of significant distortions for that country or sectors and inform the parties to the investigation. The parties 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. The definitive determination shall be made by the Commission and communicated to the parties no later than two months following the initiation of the investigation.
2017/05/23
Committee: INTA
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
An appropriate market economyrepresentative third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. AcThe selected country shall also be taken of time-limits; where appropriate, a market economhave a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification by thirdat country which is subject to the same investigation shall be usedof the MEAs and protocols thereunder to which the Union is party at any point in time and of the ILO Conventions listed in Annex -I.
2017/05/23
Committee: INTA
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2016/1036
Annex – I a (new)
(5a) The following Annex is inserted: "Annex -I Conventions referred to in point (b) of Article 2 (7) and in Article 2 (8): 1. Convention concerning Forced or Compulsory Labour, No 29 (1930) 2. Convention concerning Freedom of Association and Protection of the Right to Organise, No 87 (1948) 3. Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively, No 98 (1949) 4. Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value, No 100 (1951) 5. Convention concerning the Abolition of Forced Labour, No 105 (1957) 6. Convention concerning Discrimination in Respect of Employment and Occupation, No 111 (1958) 7. Convention concerning Minimum Age for Admission to Employment, No 138 (1973) 8. Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, No 182 (1999)."
2017/05/23
Committee: INTA