Activities of Paweł ZALEWSKI related to 2013/0103(COD)
Plenary speeches (1)
Protection against dumped and subsidised imports from countries not members of the EU (debate)
Amendments (36)
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 43 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve transparency and predictability of anti-dumping and anti- subsidy investigations, the parties affected by the imposition of provisional anti- dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-impositionr non-imposition of such measures. The time given should be of maximum two weeks.
Amendment 67 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 75 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 77 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 6
Article 5 – paragraph 6
6. If, in special circumstances, such as in, but not limited to, case of diverse and fragmented industry sectors, or in the case of threats of retaliation by a third country or its industry against EU industry, or its individual members, wishing to file a complaint under Article 5 of this Regulation, it is decided to initiate an investigation without having received a written complaint by or on behalf of the CommunityUnion industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.
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 123 #
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 10 a (new)
Article 6 – paragraph 10 a (new)
2a. In Article 6, the following new paragraph 10a is added: "10a. Throughout the investigation, the Export Helpdesk should provide to SMEs information and explanations on the case and how to better present evidences, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities."
Amendment 136 #
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
Provisional duties shall not be appliimposed within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
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 from the initiation of the proceedings but no later than ninesix months from the initiation of the proceedings.
Amendment 151 #
Proposal for a regulation
Article 1 b (new)
Article 1 b (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
For the purpose of this Regulation, "raw materials" are materials that represent an important input used in production of the product concerned such as a material from which the product concerned is made, a component included in the product concerned, or energy used to make the product concerned.
Amendment 159 #
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 – point b
Article 7 – paragraph 2 – point b
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 industryThe lesser duty shall not be applied if the price of the principle costs of production, such as primary or secondary raw materials or energy, of the product concerned are found to be structurally distorted and do not materially reflect market prices of such inputs.
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
1d. Article 8 (4) shall be replaced by the following: 4. Parties which offer an undertaking shall be required to timely provide ameaningful non-confidential version of such undertaking including as detailed as possible disclosure of its content and nature, so that it may be made available to interested parties to the investigation for their comments. Furthermore, the Commission shall consult the Union industry with regard to the main features and operation of the undertaking before accepting any such offer.
Amendment 184 #
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 industryThe lesser duty shall not be applied if the price of the principle costs of production, such as primary or secondary raw materials or energy, of the product concerned are found to be structurally distorted and do not materially reflect market prices of such inputs.
Amendment 193 #
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 204 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1225/2009
Article 17 – paragraph 1
Article 17 – paragraph 1
In cases where the number of Union producers, exporters or importers, that cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available.
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
1. The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include:
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Regulation (EC) No 1225/2009
Article 21 – paragraph 5
Article 21 – paragraph 5
1c. Article 21 (5) shall be replaced by the following: 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 shall be taken into account by the Commission in any proposal made pursuant to Article 9. The Commission shall propose termination of investigation or review under this Article only if it is clear that under no possible scenarios would proposed measures help the Union industry to any degree.
Amendment 230 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Regulation (EC) No 1225/2009
Recital 11 a (new)
Recital 11 a (new)
Third countries increasingly interfere in trade of raw materials or energy with a view to keeping raw materials in those countries for the benefit of domestic downstream users, for instance by imposing export taxes or operating dual pricing schemes. As a result, the costs of raw materials or energy do not result from the operation of normal market forces reflecting supply and demand for a given raw material. Such interference creates additional distortions of trade. As a consequence, Union producers are not only affected by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, from additional distortions of trade. In order to protect trade adequately, the lesser duty rule shall not apply in such cases of structural raw material distortions or energy distortions.
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 8
Article 10 – paragraph 8
8. If, in special circumstances, the Commissionsuch as in, but not limited to, case of diverse and fragmented industry sectors, or in the case of threats of retaliation by a third country or its industry against EU industry, or its individual members, wishing to file a complaint under Article 5 of this Regulation, it is decidesd to initiate an investigation without having received a written complaint by or on behalf of the CommunityUnion industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of countervailable subsidiesdumping, injury and a causal link, as described in paragraph 2, to justify such initiation.
Amendment 251 #
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 11 a (new)
Article 11 – paragraph 11 a (new)
2a. In Article 11, a new paragraph 11a is added: Throughout the investigation, the Export Helpdesk should provide to SMEs informations and explanations on the case and how to better present evidences, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities.
Amendment 255 #
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 11b (new)
Article 11 – paragraph 11b (new)
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 269 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established.
Amendment 277 #
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
Provisional duties shall not be appliimposed within a period of two weeks after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 284 #
Proposal for a regulation
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
1c. Article 12(1), subparagraph 2 shall be replaced by the following: "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 288 #
Proposal for a regulation
Article 2 – paragraph 1 e (new)
Article 2 – paragraph 1 e (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 4
Article 13 – paragraph 4
1e. Article 13 (4) shall be replaced by the following: "4. Parties which offer an undertaking shall be required to timely provide ameaningful non-confidential version of such undertaking including as detailed as possible disclosure of its content and nature, so that it may be made available to interested parties to the investigation. for their comments. Furthermore, the Commission shall consult the Union industry with regard to the main features and operation of the undertaking before accepting any such offer."
Amendment 297 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 597/2009
Article 15 – paragraph 1 – subparagraph 5
Article 15 – paragraph 1 – subparagraph 5
The amount of the countervailing duty imposed shall not exceed the amount of countervailable subsidies established.
Amendment 303 #
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 313 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 597/2009
Article 27 – paragraph 1
Article 27 – paragraph 1
"1. In cases where the number of Union producers, exporters or importers, who cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to:"
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29 – introductory part
Article 29 – introductory part
1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.
Amendment 327 #
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 329 #
Proposal for a regulation
Article 2 – paragraph 1 d (new)
Article 2 – paragraph 1 d (new)
1d. Article 31 (5) shall be replaced by the following: 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 shall be taken into account by the Commission in any proposal made pursuant to Articles 14 and 15 9. The Commission shall propose termination of investigation or review under this Article only if it is clear that under no possible scenarios would proposed measures help the Union industry to any degree.
Amendment 337 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Regulation (EC) No 597/2009
Recital 9 a (new)
Recital 9 a (new)
(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.