54 Amendments of Yannick JADOT related to 2013/0103(COD)
Amendment 42 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 46 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 69 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 72 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The EU is not party to ILO Conventions, but the EU Member States are. For the time being, only "Core" ILO Conventions have been ratified by all EU Member States. In order to keep the definition of sufficient level of social standards based on ILO Conventions listed in Annex I up to date, the Commission will, by means of delegated acts, update such Annex, as soon as EU Member States will have ratified other ILO "Priority" Conventions.
Amendment 73 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Diverse and fragmented industrial sectors largely composed of small-and- medium-sized enterprises (SMEs) have difficulties to accede to trade-defence proceedings because of the complexity of the procedures and the high costs related thereto. The participation of SMEs should be improved by strengthening the role of the SME Help Desk, which should support SMEs in filing complaints and in reaching the necessary thresholds for investigations to be launched. Administrative procedures related to trade-defence proceedings should also be better adapted to SMEs constraints.
Amendment 74 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Transparency should be improved in respect of undertaking proceedings. It should be clarified to which extent the price of the undertaking departs from the non-injurious price established during the investigations, whenever it is the case, and stakeholders should be consulted. Non- confidential information related to undertakings and information on monitoring thereof should be shared with the European Parliament and the Council, as well as with the wider public.
Amendment 82 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to improve the effectiveness of trade-defence instruments, trade unions should be allowed to submit written complaints jointly with the Union industry.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
-1. Third countries increasingly interfere in trade with a view to benefitting domestic producers, for instance by imposing export taxes or operating dual pricing schemes. Such interferences create additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to producers from third countries engaged in such practices, additional distortions of trade. Differences in the level of labour and environmental standards can also result in additional distortions of trade. Therefore, the lesser duty rule shall not apply in such cases, when the exporting country has an insufficient level of social and environmental standards. A sufficient level is defined by the ratification of core ILO Conventions and of Multilateral Environmental Agreements (MEAs) the EU is party to. Small-and-medium-sized enterprises (SMEs) particularly suffer from unfair competition because their small size prevents them from adapting thereto. Therefore, the lesser duty rule shall not apply when the complaint has been presented on behalf of a sector largely composed of SMEs. The lesser duty rule shall always apply, however, when structural raw material distortions are the result of a deliberate choice made by a least developed country to protect public interest.
Amendment 95 #
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 5 – paragraph 1
Article 5 – paragraph 1
1.c. Article 5(1) shall be replaced by the following: Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Community industryUnion industry. Complaints can also be submitted jointly by the Union industry, or by any natural or legal person or any association not having legal personality acting on behalf thereof, and trade unions.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. In Article 5, paragraph 1a is added: The Commission shall facilitate the participation of fragmented industrial sectors, largely composed of small-and- medium-sized enterprises, in anti- dumping proceedings through an SME Help Desk The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to file a complaint and how to better present evidence of dumping and injury, in particular through: (i) standard forms for statistics to be submitted for standing purposes and questionnaires, (ii) setting the investigation period to coincide, whenever possible, with the financial year; (iii) reducing the burden caused by language barriers. Furthermore, the Commission shall collect and provide SMEs with information on the evolution of the volume and value of imports of the product concerned, in case SMEs provide prima facie evidence of dumping.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 4 – subparagraph 2 (new)
Article 5 – paragraph 4 – subparagraph 2 (new)
1b. In Article 5(4), a new sub-paragraph is added: In the case of diverse and fragmented industrial sectors, largely composed of small-and-medium-sized enterprises, the Commission shall assist in reaching these thresholds through the support of the SME Help Desk.
Amendment 111 #
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 2 – paragraph 7 – point a – subparagraph 2
Article 2 – paragraph 7 – point a – subparagraph 2
1d. In Article 2(7)(a), the second subparagraph is amended as follows: 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.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1225/2009
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9
Article 6 – paragraph 9
2a. In Article 6, paragraph 9 is replaced by the following: 9. For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, be concluded within onine yearmonths. 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.
Amendment 134 #
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 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
(aa) Article 7(1) shall be replaced by the following: 1. Provisional duties mayshall 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 industry, and if 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 ninesix months from the initiation of the proceedings.
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2
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. In case of structural distortions pertaining to raw materials and energy, the lesser duty rule shall always apply in case of least-developed countries, as listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council, or in case of developing countries considered to be vulnerable due to lack of diversification and insufficient integration within the international trading system and in the world economy as defined in Annex VII of the Regulation (EU) No 978/2012.
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2
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 distor, but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Community industry. 2b) Such a lesser duty shall not apply in any of the following circumstances: - structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, 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. ; - the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I; - the complainant represents a diverse and fragmented industry, largely composed of small-and-medium-sized enterprises; - the investigation or a separate anti- subsidy investigation has established at least provisionally that the exporting country provides one or more subsidies to exporting producers of the product concerned. 2 c) However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council.
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 1
Article 8 – paragraph 1
3a. Article 8 (1) shall be replaced by the following: 1. Upon condition that a provisional affirmative determination of dumping and injury has been made, the Commission may accept satisfactory voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices, if, after specific consultation of the Advisory Committee, it is satisfied thprovided that such offers effectively eliminate the injurious effect of the dumping is thereby eliminated. In such a case and as long as such undertakings are in force, provisional duties imposed by the Commission in accordance with Article 7(1) or definitive duties imposed by the Council in accordance with Article 9(4) as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the Community industryUnion industry, except when: - structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country; - the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the 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; - the complainant represents a diverse and fragmented industry, largely composed of small-and-medium-sized enterprises; - the investigation or a separate anti- subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned. However, the lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least- developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council.
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
3b. In Article 8(1), a new subparagraph is added: No Union interest considerations pursuant to Article 21 shall be taken into account when deciding over the acceptance of undertakings.
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
3c. In Article 8, a new paragraph 1a is added: A departure from the non-injurious price found during the investigation period is allowed only on the basis of verified information showing a lasting change in circumstances that has occurred since that period. The new non-injurious price shall be adopted only after disclosure to all interested parties and after they have had a reasonable chance to comment.
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
3d. 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. The Commission shall also share such non- confidential version of the undertaking with the European Parliament and the Council.
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 e (new)
Article 1 – paragraph 1 – point 3 e (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 7 – subparagraph 2 (new)
Article 8 – paragraph 7 – subparagraph 2 (new)
3e. In Article 8(7), a new subparagraph is added: The Commission shall, every six months, inform the European Parliament and the Council of its assessment of the functioning of the undertaking, based on the data submitted by the exporters that have accepted the undertaking. A report on such assessment shall also be made available to the public.
Amendment 183 #
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 4
Article 9 – paragraph 4
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. In case of structural distortions pertaining to raw materials and energy, the lesser duty rule shall always apply in case of least-developed countries, as listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council, or in case of developing countries considered to be vulnerable due to lack of diversification and insufficient integration within the international trading system and in the world economy as defined in Annex VII of the Regulation (EU) No 978/2012.
Amendment 185 #
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 4
Article 9 – paragraph 4
The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distor but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Community industry. 2 b) Such a lesser duty shall not apply in any of the following circumstances: - structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, 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; -the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I; - the complainant represents a diverse and fragmented industry, largely composed of small-and-medium-sized enterprises; - the investigation or a separate anti- subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned. 2 c) However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council.
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1225/2009
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EC) No 1225/2009
Article 14 – paragraph 5
Article 14 – paragraph 5
(ba) Article 14 (5) shall be replaced by the following: 5. The Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports mayshall 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.
Amendment 202 #
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 7 a (new)
Article 14 – paragraph 7 a (new)
6a. In Article 14, a new paragraph 7a is added: Whenever the Commission intends to adopt or publish any document aimed at clarifying the established practice of the Commission with regard to the application of this Regulation in any of its elements, the Commission shall consult the European Parliament and the Council prior to adoption or publication and duly take their views into account. Any subsequent modification of such documents shall be subject to such procedural requirements. In any event, any of these documents shall be fully in conformity with the provisions of this Regulation.
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 215 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point 1 (new)
Article 1 – paragraph 1 – point 8 – point 1 (new)
Regulation (EC) No 1225/2009
Article 21
Article 21
1. Article 21 shall be replaced by the following: 1. Without prejudice to the priority given to the interests of the domestic industry affected by the unfair trade practice, a determination as to whether the CommunityUnion interest calls for intervention shall be based on an appreciation of all the various interests takenpresented 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 measurUnion 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 CommunityUnion 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. TOnly 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 CommunityUnion 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.
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1225/2009
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 225 #
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)
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Regulation (EC) No 1225/2009
Annex II a (new)
Annex II a (new)
9b. The new Annex II(a) is added: Conventions referred to Articles 7, 8, 9 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)
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 c (new)
Article 1 – paragraph 1 – point 9 c (new)
Regulation (EC) No 1225/2009
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
9c. In Article 22 the following new paragraph 1a shall be added: "1a. As soon as all EU Member States have ratified new ILO Conventions, The Commission shall update Annex Ia accordingly, in conformity with the procedure set out in Article 290 TFEU."
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 597/2009
Recital 9 a (new)
Recital 9 a (new)
-1. The following Recital 9a shall be inserted: "(9a) Within the Union, countervailable subsidies are in principle prohibited pursuant to Article 107 (1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorized by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country/countries engaged in subsidisation."
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 1
Article 10 – paragraph 1
1c. Article 10(1) shall be replaced by the following: 1. Except as provided for in paragraph 8, an investigation to determine the existence, degree and effect of any alleged subsidydumping shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Community industryUnion industry. Complaints can also be submitted jointly by the Union industry, or by any natural or legal person or any association not having legal personality acting on behalf thereof, and trade unions.
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. In Article 10, a new paragraph 1a is added: The Commission shall facilitate the participation of fragmented industrial sectors, largely composed of small-and- medium-sized enterprises, in anti-subsidy proceedings through an SME Help Desk The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to file a complaint and how to better present evidence of countervailable subsidies and injury, in particular through: (i) standard forms for statistics to be submitted for standing purposes and questionnaires, (ii) setting the investigation period to coincide, whenever possible, with the financial year; (iii) reducing the burden caused by language barriers. Furthermore, the Commission shall collect and provide SMEs with information on the evolution of the volume and value of imports of the product concerned, in case SMEs provide prima facie evidence of countervailable subsidies.
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 6 – subparagraph 2 (new)
Article 10 – paragraph 6 – subparagraph 2 (new)
1b. In Article 10(6), a new subparagraph is added: "In the case of diverse and fragmented industrial sectors, largely composed of small-and-medium-sized enterprises, the Commission shall assist in reaching these thresholds through the support of the SME Help Desk."
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) No 597/2009
Article 11 – paragraph 2 (new)
Article 11 – paragraph 2 (new)
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 9
Article 11 – paragraph 9
2a. In Article 11, paragraph 9 is replaced by the following: ‘9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within onine yearmonths. 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. ’
Amendment 260 #
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 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 d (new)
Article 2 – paragraph 1 – point 2 d (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 4
Article 13 – paragraph 4
2d. 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. The Commission shall also share such non- confidential version of the undertaking with the European Parliament and the Council.
Amendment 274 #
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 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 286 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 1
Article 13 – paragraph 1
2a. Article 13(1) is amended as follows: 1. Upon condition that a provisional affirmative determination of subsidisation and injury has been made, the Commission may accept satisfactory voluntary undertakings offers under which: (a) the country of origin and/or export agrees to eliminate or limit the subsidy or take other measures concerning its effects; or (b) any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies, soprovided that the Commission, after specific consultation of the Advisory Committee, is satisfihas determined that the injurious effect of the subsidies is thereby effectively eliminated. In such a case and as long as such undertakings are in force, the provisional duties imposed by the Commission in accordance with Article 12(3) and the definitive duties imposed by the Council in accordance with Article 15(1) shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings and in any subsequent amendment of such decision. Price increases under such undertakings shall not be higher than is necessary to offset the amount of countervailable subsidies, and should be less than the amount of countervailable subsidies if such increases would be adequate to remove the injury to the Community industryThe lesser duty rule shall not apply to prices agreed under such undertakings in the framework of anti-subsidy proceedings.
Amendment 287 #
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 13 – paragraph 1– subparagraph 4 (new)
Article 13 – paragraph 1– subparagraph 4 (new)
2b. In Article 13(1), a new subparagraph 4 is added: No Union interest considerations pursuant to Article 31 shall be taken into account when deciding over the acceptance of undertakings.
Amendment 289 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 e (new)
Article 2 – paragraph 1 – point 2 e (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 7 – subparagraph 2 (new)
Article 13 – paragraph 7 – subparagraph 2 (new)
2e. In Article 13(7), a new subparagraph is added: "The Commission shall, every six months, inform the European Parliament and the Council of its assessment of the functioning of the undertaking, based on the data submitted by the exporters that have accepted the undertaking. A report on such assessment shall also be made available to the public."
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
Regulation (EC) No 597/2009
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 306 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point c a (new)
Article 2 – paragraph 1 – point 7 – point c a (new)
(ca) Article 24 (5) shall be replaced by the following: 5. The Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports mayshall 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.
Amendment 308 #
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 7a (new)
Article 24 – paragraph 7a (new)
7a. In Article 24, a new paragraph 7a is added: "Whenever the Commission intends to adopt or publish any document aimed at clarifying the established practice of the Commission with regard to the application of this Regulation in any of its elements, the Commission shall consult the European Parliament and the Council prior to adoption or publication and take their views into account. Any subsequent modification of such documents shall be subject to such procedural requirements. In any event, any of these documents shall be fully in conformity with the provisions of this Regulation."
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 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 31
Article 31
1. AWithout prejudice to the priority given to the interests of the domestic industry affected by the unfair trade practice, a determination as to whether the CommunityUnion interest calls for intervention shouldall be based on an appraisaleciation of all the various interests takenpresented 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 measurUnion 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 CommunityUnion 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. TOnly 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 CommunityUnion 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.
Amendment 325 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 597/2009
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 333 #
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. A new Article 33a is added: In order to facilitate the monitoring of the implementation of the Regulation by the legislator, the Commission shall, once a year, present a 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, undertakings, 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.