[ParlTrack]

Franck PROUST, Tokia SAÏFI, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Małgorzata HANDZLIK, Paweł ZALEWSKI, Jarosław WAŁĘSA, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

Proposal for a regulation
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.

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

Proposal for a regulation
Recital 4 a (new)

(4a) To ensure the effectiveness of the instrument, it should shorten the time for the imposition of anti-dumping and countervailing provisional measures to 7 months and 12 months for the definitive duties. To this end, it is important that the Unit in charge of anti-dumping and anti- subsidy investigations has adequate resources, including human resources.

2013/12/20
Committee: INTA

María Auxiliadora CORREA ZAMORA, Pablo ZALBA BIDEGAIN, Mário DAVID, Salvatore IACOLINO

Proposal for a regulation
Recital 8

(8) Third countries increasingly interfere in trade. Significant State interferences inter alia involving prices, costs and inputs, research and labour, outputs, sales and investments, currency exchange rate manipulations and unfair trade finance conditions, further distort regular course of trade and may have a severe impact on Union's producers . As an example, third countries increasingly interfere in trade of raw materials 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 on energy. As a result, the costs of raw materials 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 harmed by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, 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.~~

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Mário DAVID, Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 9

(9) 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

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Jarosław WAŁĘSA, Paweł ZALEWSKI, Małgorzata HANDZLIK, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

Proposal for a regulation
Recital 10

~~(10) In order to optimise the review practice, duties col~~delected 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

Franck PROUST, Tokia SAÏFI, Nora BERRA, Peter ŠŤASTNÝ, María Auxiliadora CORREA ZAMORA, Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI, Mário DAVID, Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 17

(17) Where the number of producers in the Union is so large that resort must be made to sampling, a sample of producers should be chosen from among all producers in the Union and not just from among producers lodging the complaint.deleted

2013/12/20
Committee: INTA

Franck PROUST, Tokia SAÏFI, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

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

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Mário DAVID, Pablo ZALBA BIDEGAIN

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

Regulation (EC) No 1225/2009
Article 5 – paragraph 3 a (new)

1a. In Article 5, a new paragraph 3a is added : 3. The Commission shall facilitate the access to the instrument for diverse and fragmented industry sectors, largely composed of small and medium-sized enterprises through the Export Help Desk. The Export Help Desk shall provide information and explanations on how to fill a compliant in particular through: standardising forms for statistics and diminishing the burden caused by language barriers in a proportionate manner

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, Peter ŠŤASTNÝ, Mário DAVID, Pablo ZALBA BIDEGAIN, María Auxiliadora CORREA ZAMORA

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

Regulation (EC) No 1225/2009
Article 5 – paragraph 6

1b. In Article 5, paragraph 6 shall be replaced by the following : 6. If, in special circumstances or in the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, it is decided to initiate an investigation without having received a written complaint by or on behalf of the ~~Community~~Union 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

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Tokia SAÏFI, Paweł ZALEWSKI, Jarosław WAŁĘSA, Małgorzata HANDZLIK, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

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

Regulation (EC) No 1225/2009
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.

2013/12/20
Committee: INTA

Franck PROUST, Tokia SAÏFI, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Jarosław WAŁĘSA, Małgorzata HANDZLIK, Paweł ZALEWSKI, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

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

Regulation (EC) No 1225/2009
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.

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI, Mário DAVID, Pablo ZALBA BIDEGAIN

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

Regulation (EC) No 1225/2009
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."

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Tokia SAÏFI, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

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

María Auxiliadora CORREA ZAMORA, Pablo ZALBA BIDEGAIN, Mário DAVID, Salvatore IACOLINO

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 s~~tructural raw material distor~~ignificant 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 toin the Union industry.

2013/12/20
Committee: INTA

María Auxiliadora CORREA ZAMORA, Pablo ZALBA BIDEGAIN, Mário DAVID, Salvatore IACOLINO

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 definitive anti-dumping duty shall not exceed the margin of dumping established. Unless s~~tructural raw material distor~~ignificant 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 sh~~all~~ould be less than the margin of dumping if such lesser duty would be adequate to remove the injury toin the Union industry."

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI, Mário DAVID, Pablo ZALBA BIDEGAIN

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

Franck PROUST, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Nora BERRA, Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI, Mário DAVID, Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1225/2009
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.

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, Peter ŠŤASTNÝ, Mário DAVID, Pablo ZALBA BIDEGAIN, María Auxiliadora CORREA ZAMORA, Salvatore IACOLINO

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

8. After Article 19, the following Article is inserted: ‘Article 19a 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

Franck PROUST, Peter ŠŤASTNÝ, Nora BERRA, Mário DAVID, Pablo ZALBA BIDEGAIN, María Auxiliadora CORREA ZAMORA

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)

Regulation (EC) No 1225/2009
Article 21 – paragraph 5

9a. Article 21(5) shall be replaced by 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 absolutely clear that under no possible scenarios would measures help the Union industry to any degree. Criteria to determine Union interest should be specified in a delegated act.

2013/12/20
Committee: INTA

Franck PROUST, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Nora BERRA, Mário DAVID, Pablo ZALBA BIDEGAIN

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

Regulation (EC) No 597/2009
Article 10 – paragraph 3 a (new)

1b. In Article 10, a new paragraph 3a is added: "The Commission shall facilitate the access to the instrument for diverse and fragmented industry sectors, largely composed of small and medium-sized enterprises through the Export Help Desk. The Export Help Desk shall provide information and explanations on how to fill a compliant in particular through: standardising forms for statistics and diminishing the burden caused by language barriers in a proportionate manner"

2013/12/20
Committee: INTA

Franck PROUST, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Nora BERRA, Mário DAVID, Pablo ZALBA BIDEGAIN

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 Commission~~1a. Article 10 (8) shall be replaced by the following : 8. If, in special circumstances or in the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, it is decidesd to initiate an investigation without having received a written complaint by or on behalf of the ~~Community~~Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of ~~the existence of countervailable subsidies~~dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.

2013/12/20
Committee: INTA

Franck PROUST, María Auxiliadora CORREA ZAMORA, Nora BERRA, Peter ŠŤASTNÝ, Paweł ZALEWSKI, Jarosław WAŁĘSA, Małgorzata HANDZLIK, Mário DAVID, Pablo ZALBA BIDEGAIN

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

Regulation (EC) No 597/2009
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.

2013/12/20
Committee: INTA

Franck PROUST, Peter ŠŤASTNÝ, María Auxiliadora CORREA ZAMORA, Nora BERRA, Mário DAVID, Paweł ZALEWSKI, Jarosław WAŁĘSA, Małgorzata HANDZLIK, Pablo ZALBA BIDEGAIN

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

Regulation (EC) No 597/2009
Article 11 – paragraph 11b (new)

2b. In Article 11, a new paragraph 11b is added: 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.

2013/12/20
Committee: INTA

Franck PROUST, Tokia SAÏFI, Nora BERRA, María Auxiliadora CORREA ZAMORA, Peter ŠŤASTNÝ, Mário DAVID, Jarosław WAŁĘSA, Małgorzata HANDZLIK, Paweł ZALEWSKI, Pablo ZALBA BIDEGAIN

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

Regulation (EC) No 597/2009
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.

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, Peter ŠŤASTNÝ, María Auxiliadora CORREA ZAMORA, Tokia SAÏFI, Pablo ZALBA BIDEGAIN, Mário DAVID

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point -a (new)

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2

~~"The provisional duties shall be imposed no earlier than 60 days from the initiation of~~ (-a) In Article 12(1), the second subparagraph shall be replaced by the following: "The provisional duties shall be imposed in the seven-monthe p~~roceedings but no later than nine months~~eriod starting from the initiation of the proceedings."

2013/12/20
Committee: INTA

Franck PROUST, Nora BERRA, Peter ŠŤASTNÝ, María Auxiliadora CORREA ZAMORA, Mário DAVID, Pablo ZALBA BIDEGAIN, Salvatore IACOLINO

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

Franck PROUST, Nora BERRA, Peter ŠŤASTNÝ, María Auxiliadora CORREA ZAMORA, Mário DAVID, Paweł ZALEWSKI, Jarosław WAŁĘSA, Małgorzata HANDZLIK, Pablo ZALBA BIDEGAIN

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

Franck PROUST, Nora BERRA, Peter ŠŤASTNÝ, Mário DAVID, Pablo ZALBA BIDEGAIN, María Auxiliadora CORREA ZAMORA, Salvatore IACOLINO

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 29b 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

Franck PROUST, Peter ŠŤASTNÝ, María Auxiliadora CORREA ZAMORA, Nora BERRA, Mário DAVID, Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

Regulation (EC) No 597/2009
Article 31 – paragraph 5

10a. In 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 Article~~s 14 and 15~~ 9. The Commission shall propose termination of investigation or review under this article only if it is absolutely clear that under no possible scenarios would measures help the Union industry to any degree. Criteria to determine Union interest should be specified in a delegated act.

2013/12/20
Committee: INTA

29 Amendments of Mário DAVID related to 2013/0103(COD)

ParlTrack - 2011-2024