BETA

57 Amendments of Andrea COZZOLINO related to 2013/0103(COD)

Amendment 42 #
Proposal for a regulation
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-imposition.deleted
2013/12/20
Committee: INTA
Amendment 46 #
Proposal for a regulation
Recital 5
(5) A short period of time in advance of the imposition of provisional measures should be allowed for exporters or producers to check the calculation of their individual dumping or subsidy margin. Calculation errors could then be corrected in advance of the imposition of measures.deleted
2013/12/20
Committee: INTA
Amendment 69 #
Proposal for a regulation
Recital 10
(10) In order to optimise the review practice, duties coldelected during the investigation should be reimbursed to importers, where measures are not prolonged after the conclusion of an expiry review investigation. This is appropriate given that the conditions required for the continuation of the measures have not been found to exist during the investigation period.
2013/12/20
Committee: INTA
Amendment 72 #
Proposal for a regulation
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.
2013/12/20
Committee: INTA
Amendment 73 #
Proposal for a regulation
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.
2013/12/20
Committee: INTA
Amendment 74 #
Proposal for a regulation
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.
2013/12/20
Committee: INTA
Amendment 78 #
Proposal for a regulation
Recital 18
(18) In making the Union interest assessment, the opportunity to provide comments should be given to all producers in the Union and not just those producers lodging the complaint.deleted
2013/12/20
Committee: INTA
Amendment 82 #
Proposal for a regulation
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.
2013/12/20
Committee: INTA
Amendment 86 #
Proposal for a regulation
Article -1 (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 4b
The following Article is added: ‘Article -1 For the purpose of this Regulation, it shall be understood that a raw material is the input of a given product which has a significant impact on its cost of production.’
2013/12/20
Committee: INTA
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph -1 (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 4 a (new)
4a. A raw material shall be considered to be subject to structural distortion when its price is not solely the result of a normal operation of market forces reflecting supply and demand. Such distortions are the outcome of interference from third countries, which includes, inter alia, export taxes, export restrictions and dual pricing schemes.
2013/12/20
Committee: INTA
Amendment 88 #
Proposal for a regulation
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.
2013/12/20
Committee: INTA
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 1
1a. Article 1(1) shall be replaced by the following: 1. An anti-dumping duty may be applied to any dumped product whose release for free circulation in the Community causes injury. The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.
2013/12/20
Committee: INTA
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 6
(1a) In Article 5, paragraph 6 is replaced by the following: 6. If, in special circumstances, in particular in cases in which the industry sectors concerned consist largely of SMEs and are typically extremely diverse and fragmented, it is decided to initiate an investigation without having received a written complaint by or on behalf of the Community 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.
2013/12/20
Committee: INTA
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
a) in paragraph 1, the following sentence is added: 'Provisional duties shall not be applied 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.'deleted
2013/12/20
Committee: INTA
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 165 #
Proposal for a regulation
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.
2013/12/20
Committee: INTA
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 d (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 e (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1225/2009
Article 11 – paragraph 5
(a) in paragraph 5, the following subparagraph is added: ‘If following an investigation pursuant to paragraph 2, the measure expires, any duties collected from the date of the initiation of such investigation shall be repaid provided that this is requested from national customs authorities and granted by those authorities in accordance with the applicable Union customs legislation concerning repayment and remission of duty. Such repayment does not give rise to the payment of interest by the national customs authorities concerned.’deleted
2013/12/20
Committee: INTA
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1225/2009
Article 19 a
8. After Article 19, the following Article is inserted: ‘Article 19 a Information about provisional measures 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: a) a summary of the proposed duties for information purposes only, and b) details of the calculation of the dumping margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 19. Parties shall have a period of three working days to provide comments on the accuracy of the calculations. 2. In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties.'deleted
2013/12/20
Committee: INTA
Amendment 215 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point 1 (new)
Regulation (EC) No 1225/2009
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.
2013/12/20
Committee: INTA
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1225/2009
Article 21 – paragraph 2
9. Article 21(2) is replaced by the following: ‘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 Union interest, the Union producers, 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.’deleted
2013/12/20
Committee: INTA
Amendment 219 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a
Regulation (EC) No 1225/2009
Article 22 – paragraph 2 (new)
9a. In Article 22, the following new paragraph shall be added: Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures.
2013/12/20
Committee: INTA
Amendment 225 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 1225/2009
Article 22 a (new)
9a. A new Article 22a is added: "Article 22 a 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."
2013/12/20
Committee: INTA
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)
Regulation (EC) No 1225/2009
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)
2013/12/20
Committee: INTA
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 c (new)
Regulation (EC) No 1225/2009
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."
2013/12/20
Committee: INTA
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 597/2009
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."
2013/12/20
Committee: INTA
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point 1 (new)
Regulation (EC) No 597/2009
Article 1 – paragraph 1
1. A countervailing duty may be imposed for the purpose of offsetting any subsidy granted, directly or indirectly, for the manufacture, production, export or transport of any product whose release for free circulation in the Community causes injury. The use of any subsidized products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.
2013/12/20
Committee: INTA
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Regulation (EC) No 597/2009
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."
2013/12/20
Committee: INTA
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 8
8. If, in special circumstances, the Commission1a. In Article 10, paragraph 8 is replaced by the following: ‘8. If, in special circumstances, in particular in cases in which the industry sectors concerned are typically extremely diverse and fragmented and consist largely of SMEs, the authorities decides to initiate an investigation without having received a written complaint by or on behalf of the Community 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 causal link, as described in paragraph 2, to justify such initiation.
2013/12/20
Committee: INTA
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA
Amendment 260 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 1a (new)
2c. In Article 13, 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.
2013/12/20
Committee: INTA
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 d (new)
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA
Amendment 274 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b
b) the following subparagraph is added at the end: 'Provisional duties shall not be applied 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.'deleted
2013/12/20
Committee: INTA
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
’’3a. In Article 12(1), the second sub- paragraph is 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.
2013/12/20
Committee: INTA
Amendment 286 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA
Amendment 287 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA
Amendment 289 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 e (new)
Regulation (EC) No 597/2009
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."
2013/12/20
Committee: INTA
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Regulation (EC) No 597/2009
Article 22 – paragraph 1
(a) in paragraph 1 the following subparagraph is added: "If following an investigation pursuant to Article 18, the measure expires, any duties collected after the date of the initiation of such investigation shall be reimbursed. The reimbursement should be requested from national customs authorities in accordance with the applicable Union customs legislation."deleted
2013/12/20
Committee: INTA
Amendment 306 #
Proposal for a regulation
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.
2013/12/20
Committee: INTA
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29b
9. After Article 29, the following Article is inserted: Article 29 b Information about provisional measures 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. Such information shall include: a) a summary of the proposed duties for information purposes only, and b) details of the calculation of the subsidy margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 29. Parties shall have a period of three working days to provide comments on the accuracy of the calculations. 2. In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.'deleted
2013/12/20
Committee: INTA
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA
Amendment 325 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EC) No 597/2009
Article 31 – paragraph 2
10. Article 31(2) is replaced by the following: "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 Union interest, the Union producers, 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 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."deleted
2013/12/20
Committee: INTA
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 – point 1 (new)
Regulation (EC) No 597/2009
Article 33 – paragraph 2 (new)
1a. In Article 33, the following new paragraph 2 shall be added: "Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures."
2013/12/20
Committee: INTA
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Regulation (EC) No 597/2009
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.
2013/12/20
Committee: INTA