Activities of Franz OBERMAYR related to 2016/0351(COD)
Plenary speeches (1)
Protection against dumped and subsidised imports from countries not members of the EU (debate) DE
Amendments (17)
Amendment 20 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia,occurs when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation existswhen assessing the existence of significant distortions , regard mayshould be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. It is further appropriate to provide that the Commission services may issue a report describing the specific situation concern high degree of government influence over the allocation of resources and decisions of enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; the existence of state- induced distortions ing these criteria in a certain country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to th operation of enterprises linked to privatisation and the use of non-market trading or compensation system; the absence or inadequate implementation of a transparent and non-discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate country or sector; and thmpany information); the absence or inadequate interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. mplementation of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortion.
Amendment 27 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country should lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each and every factor of production in the construction of the normal value. If an exporting producer from a country or a sector in which there exists one or more significant distortions conclusively demonstrates that its costs of one or more individual factors of production are not distorted, those costs should be used in the construction of its normal value. The absence of distortion of an exporting producer's costs of a given factor and the reliability thereof should be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Such individual findings should not influence the normal value of other exporting producers and consequently should not be extrapolated to the whole country or sector regardless of the application of Article 17.
Amendment 29 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) It is further appropriate to provide that the Commission services issue a report describing the specific situation concerning these criteria in a certain country or a certain sector. The Union industry should be consulted during the report drafting process. Such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector. European Parliament should monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission shall update the report. The determinations made as to the existence of significant distortions for a country or sector should take into account all of the relevant evidence on the file and should be made definitively by the Commission no later than three months following initiation of an investigation. Interested parties should be given 10 days to comment on these determinations.
Amendment 34 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted orshould be established on any reasonable basis, including information from other representative markets or, from international prices or benchmarks or from markets in the Union. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. Indications as to the existence of significant distortions may also be proffered by Union industry. Such indications should be considered when deciding on producing or updating the relevant reports.
Amendment 39 #
Proposal for a regulation
Recital 6
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2, the reasonable period of time provided for in the first sub-paragraph ofmethodology of paragraph 6a of Article 2 should not replace the original methodology used for the determination of the normal value in reviews under Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapseuntil the later onf the date on which the first expiry review following such transition is initiatedof these measures, following two years after the entry into force of this Regulation. With a view to reducing the risk of circumvention of the provisions of this Regulation, the same approach should apply with respect to reviews conducted pursuant to Article 11(4) of Regulation (EU) 2016/1036. It is also appropriate to recall that a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2 would not in itself constitute sufficient evidence within the meaning of Article 11(3) of Regulation (EU) 2016/1036. Such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU) No 2016/1036
Recital 4
Recital 4
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sectors therein, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country, provided the relevant, including those in the Union, provided the relevant data are readily available. The constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits. The existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each and every factor of production in the const data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. ruction of the normal value. If an exporting producer from a country or a sector in which there exists one or more significant distortions conclusively demonstrates that its costs of one or more individual factors of production are not distorted, pursuant to the following paragraph, those costs shall be used in the construction of its normal value. The absence of distortion of an exporting producer's costs of a given factor and the reliability thereof shall be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Such individual findings shall not influence the normal value of other exporting producers and consequently shall not be extrapolated to the whole country or sector regardless of the application of Article 17. With regard to the various elements described above, the Commission shall set deadlines for the submission of evidence in order to allow the respect of both the rights of defence of all interested parties and the overall procedural deadlines. Further evidence relating to individual factors of production can be accepted by the Commission after those deadlines only if it is possible to be properly and adequately verified by the Commission, and other parties would have sufficient time to comment.
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia,are those distortions which occur when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard mayshall be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. high degree of government influence over the allocation of resources and decisions of enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; the existence of state-induced distortions in the operation of enterprises linked to privatisation and the use of non-market trading or compensation system; the absence or inadequate implementation of a transparent and non-discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate company information); the absence or inadequate implementation of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services mayshall issue a detailed report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been opened, the report shall be completed and adopted before the entry into force of this Regulation. The Union industry shall be consulted during the report drafting process. Such report and the evidence on which it is based mayshall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into accou the absence of a report the Commission shall use any available information or data to establish the existence of one or more significant distortions and use the methodology referred to in point (a) if the relevant requirements are met. The determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made definitively by the Commission no later than three months following initiation of an investigation. Interested parties shall be given 10 days to comment on these determinations. In accordance with its role, the European Parliament shall of the relevant evidence on the filemonitor the report drafting process. On the request of the European Parliament or on the Commission's own initiative when the circumstances in a specific country or sector have changed, the Commission shall update the report.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the conclusions of the report show the existence of one or more significant distortions, the report pursuant to the paragraph 7 (b) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in point (a). In any event, no additional burden shall be imposed on the Union industry.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/1036
Article 2 – paragraph 7 – subparagraph 1
Article 2 – paragraph 7 – subparagraph 1
In the case of imports from countries which are, at the date of initiation, not members of the WTO and listed in Annex I of Regulation (EU) 2015/755, normal value shall be determined on the basis of the price or constructed value in a market economy thirdn appropriate representative country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/1036
Article 2 – paragraph 7 – subparagraph 2
Article 2 – paragraph 7 – subparagraph 2
An appropriate market economy thirdrepresentative country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy thirdn appropriate representative country which is subject to the same investigation shall be used.
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/1036
Article 2 – paragraph 7 – subparagraph 3
Article 2 – paragraph 7 – subparagraph 3
The parties to the investigation shall be informed shortlwithout delay after its initiation of the market economy thirdappropriate representative country envisaged and shall be given 10 days to comment.
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/1036
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 2016/1036
Article 11 – paragraph 4 – subparagraph 4 a
Article 11 – paragraph 4 – subparagraph 4 a
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new) Regulation (EU) 2016/1036
Article 1 – paragraph 1 – point 5 a (new) Regulation (EU) 2016/1036
(5a) In Article 23, a new paragraph is inserted: 1a. The Commission shall include reporting on the implementation of the provisions of Article 2 and Article 11 in its annual report to the Parliament on its activities with regard to trade defence investigations and measures. Five years after the entry into force of the above provisions, the Commission shall review and report to the Parliament in detail specifically on the experience of implementation of the above provisions during that period.
Amendment 153 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall apply to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulationinvestigations under Article 5 of Regulation 1036/2016 initiated, on or after the date on which this Regulation enters into force. For all other investigations, this Regulation shall apply from the date on which the first expiry review of the relevant measures, following the entersry into force of this Regulation is terminated.