[ParlTrack]

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 182/2011not exceed two weeks. 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.

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Cristiana MUSCARDINI

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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT, Nora BERRA

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

Andrea COZZOLINO, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Cristiana MUSCARDINI, Niccolò RINALDI, Marielle DE SARNEZ

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

Mario PIRILLO

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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT, Nora BERRA

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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT, Nora BERRA

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

Mario PIRILLO

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b a (new)

Regulation (EC) No 1225/2009
Article 10 – paragraph 4

~~4. A~~(ba) Article 10(4) shall be replaced by the following: 4. Without prejudice to paragraph (c) of the present Article, a definitive anti- dumping duty may be levied on products which were entered for consumption no more than 90 days prior to the date of application of provisional measures but not prior to the initiation of the investigation, provided that imports have been registered in accordance with Article 14(5), the Commission has allowed the importers concerned an opportunity to comment, and: (a) there is, for the product in question, a history of dumping over an extended period, or the importer was aware of, or should have been aware of, the dumping as regards the extent of the dumping and the injury alleged or found; and (b) in addition to the level of imports which caused injury during the investigation period, there is a further substantial rise in imports which, in the light of its timing and volume and other circumstances, is likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied; and (c) to the purpose of not applying provisional duties to goods in the process of shipment to the Union. Products shall be deemed to be in the process of shipment to the European Union if they: - have left the country of origin before the date on which the draft implementing act proposing to impose provisional duties is submitted to the antidumping committee; - are shipped from the place of loading in the country of origin to the place of unloading in the European Union under cover of a valid transport document issued before the date on which on which the draft implementing act proposing to impose provisional duties is submitted to the antidumping committee; - the goods have been shipped to be directly imported and put to consumption without transiting through a custom warehouse; - the transport documents clearly establish that from the outset these merchandise were solely and exclusively destined to the EU; and - an irrevocable letter of credit has been issued by the banker of the buyer to pay the seller if the latter present him with documents specified in the credit and showing the good execution by the seller of his obligations. The present clause only applies when registration of imports have been decided by the European Union following the initiation of an investigation.

2013/12/20
Committee: INTA

Mario PIRILLO

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)

Regulation (EC) No 1225/2009
Article 14 – paragraph 5 – subparagraph 2 (new)

(ba) In Article 14 (5) the following new subparagraph 2 shall be inserted: Imports shall also be subject to registration starting from when information about provisional measures has been disclosed pursuant to Article 19a.

2013/12/20
Committee: INTA

Mario PIRILLO

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1225/2009
Article 19 a – paragraph 1 – introductory part

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, anot leastrlier than two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. The Commission shall publish a notice on the Official Journal of the European Union saying that such information has been disclosed for the purpose of registration of imports pursuant to Article 14 and possible retroactive application of duties pursuant to Article 10. Such information shall include:

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT, Niccolò RINALDI, Cristiana MUSCARDINI, Nora BERRA

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 ~~Community~~Union interest calls for intervention shall be based on an appreciation of all the various interests ~~taken~~presented 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 measur~~Union 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 ~~Community~~Union 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. T~~Only 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 ~~Community~~Union 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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT, Niccolò RINALDI, Cristiana MUSCARDINI

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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Cristiana MUSCARDINI, Niccolò RINALDI, Marielle DE SARNEZ

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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Marielle DE SARNEZ, Yannick JADOT

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

Mario PIRILLO

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

Mario PIRILLO

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point i (new)

Regulation (EC) No 597/2009
Article 16 – paragraph 4

~~4. A~~i) Article 16, paragraph 4 shall be replaced by the following 4. Without prejudice to paragraph (e) of the present Article, a definitive countervailing duty may be levied on products which were entered for consumption no more than 90 days prior to the date of application of provisional measures but not prior to the initiation of the investigation. The first subparagraph shall apply, provided that: (a) the imports have been registered in accordance with Article 24(5); (b) the importers concerned have been given an opportunity to comment by the Commission; (c) there are critical circumstances where for the subsidised product in question injury which is difficult to repair is caused by massive imports in a relatively short period of a product benefiting from countervailable subsidies under the terms of this Regulation; and (d) it is deemed necessary, in order to preclude the recurrence of such injury, to assess countervailing duties retroactively on those imports. (e) to the purpose of not applying provisional duties to goods in the process of shipment to the Union. Products shall be deemed to be in the process of shipment to the European Union if they: - have left the country of origin before the date on which the draft implementing act proposing to impose provisional duties is submitted to the anti subsidy committee; - are shipped from the place of loading in the country of origin to the place of unloading in the European Union under cover of a valid transport document issued before the date on which on which the draft implementing act proposing to impose provisional duties is submitted to the anti subsidy committee; - the goods have been shipped to be directly imported and put to consumption without transiting through a custom warehouse;

2013/12/20
Committee: INTA

Andrea COZZOLINO, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Yannick JADOT, Niccolò RINALDI

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 ~~may~~shall 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

Mario PIRILLO

Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point c a (new)

Regulation (EC) No 597/2009
Article 24 – paragraph 5 – subparagraph 4 (new)

(ca) In Article 24, paragraph 5, new subparagraph 4 shall be inserted: "Imports shall also be subject to registration starting from when information about provisional measures has been disclosed pursuant to Article 29b."

2013/12/20
Committee: INTA

Mario PIRILLO

Proposal for a regulation
Article 2 – paragraph 1 – point 9

Regulation (EC) No 597/2009
Article 29b – 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, not earlier than, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties. The Commission shall published a notice on the Official Journal of the European Union saying that such information has been disclosed for the purpose of registration of imports pursuant to Article 24 and of possible retroactive application of duties pursuant to Article 16.

2013/12/20
Committee: INTA

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Niccolò RINALDI, Yannick JADOT

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 ~~Community~~Union interest calls for intervention sh~~ould~~all be based on an appr~~aisal~~eciation of all the various interests ~~taken~~presented 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 measur~~Union 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 ~~Community~~Union 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. T~~Only 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 ~~Community~~Union 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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Niccolò RINALDI, Cristiana MUSCARDINI, Yannick JADOT

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

Andrea COZZOLINO, Vital MOREIRA, Bernd LANGE, Jörg LEICHTFRIED, Mario PIRILLO, Niccolò RINALDI, Cristiana MUSCARDINI, Marielle DE SARNEZ

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

22 Amendments of Mario PIRILLO related to 2013/0103(COD)

ParlTrack - 2011-2024