BETA


2016/0351(COD) Protection against dumped and subsidised imports from countries not members of the EU

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA CICU Salvatore (icon: PPE PPE) MOSCA Alessia Maria (icon: S&D S&D), LOONES Sander (icon: ECR ECR), LAMBSDORFF Alexander Graf (icon: ALDE ALDE), SCHOLZ Helmut (icon: GUE/NGL GUE/NGL), JADOT Yannick (icon: Verts/ALE Verts/ALE), BORRELLI David (icon: EFDD EFDD), SALVINI Matteo (icon: ENF ENF)
Committee Opinion ITRE BUZEK Jerzy (icon: PPE PPE) Amjad BASHIR (icon: ECR ECR), David BORRELLI (icon: EFDD EFDD), Lorenzo FONTANA (icon: ENF ENF), Edouard MARTIN (icon: S&D S&D), Angelika MLINAR (icon: ALDE ALDE)
Committee Opinion JURI LEBRETON Gilles (icon: ENF ENF)
Lead committee dossier:
Legal Basis:
TFEU 207-p2

Events

2018/01/10
   EC - Commission response to text adopted in plenary
Documents
2017/12/19
   Final act published in Official Journal
Details

PURPOSE: modernise the EU's trade defence instruments.

LEGISLATIVE ACT: Regulation (EU) 2017/2321 of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union.

CONTENT: the Regulation amends the basic anti-dumping and anti-subsidy Regulations currently in force, in order to better deal with unfair commercial practices . The main changes introduced concern the following points:

Determination of normal value where there are market distortions : the Regulation amends the method used to calculate the normal value and the dumping margin for non-market economy third countries.

In case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence in that country of significant distortions, the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks.

Sources of information that may be used for this purpose include, but are not limited to, undistorted international prices, costs, or benchmarks, or the corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country.

Significant market distortions : the amending Regulation specifies the circumstances in which significant distortions can be considered to have a considerable influence on free market forces. It states that this is the case when reported prices or costs, including the costs of raw materials and energy, are not the result of free market forces because they are affected by substantial government intervention.

The analysis of the existence of significant distortions will take into account the following factors:

the market in question being served to a significant extent 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; the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws; wage costs being distorted; access to finance granted by institutions that implement public policy objectives or otherwise not acting independently of the state.

Relevant international standards, including core conventions of the International Labour Organisation (ILO) and relevant multilateral environmental conventions, should be taken into account, where appropriate.

Commission reports : in the interest of transparency, the Regulation provides for the possibility for the Commission services to produce and make public a report describing the market circumstances in a particular country or sector . Such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector so that interested parties have ample opportunity to comment on the reports and the evidence on which they are based.

Union industry will be able to rely on the evidence in these reports in the context of filing a complaint.

All interested parties, including industry and trade unions established in the Union, may also present indications of significant distortions.

The Commission undertakes inform the European Parliament and the Council whenever it intends to produce or update a report.

Subsidies: experience has shown that the actual magnitude of subsidisation is usually discovered during the relevant investigation. When such subsidies are found in the course of any given investigation or review, the Commission will offer additional consultations to the country of origin and/or export concerned with regard to such subsidies identified in the course of the investigation.

Report and information : the Commission will present to the European Parliament and the Council an annual report on the application of the Regulation, taking into account the protection of confidential information.

The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, reinvestigations, reviews, significant distortions and verification visits, and the activities of the various bodies responsible for monitoring the implementation of the Regulation.

ENTRY INTO FORCE: 20.12.2017.

2017/12/13
   CSL - Draft final act
Documents
2017/12/12
   CSL - Final act signed
2017/12/12
   EP - End of procedure in Parliament
2017/12/04
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2017/12/04
   CSL - Council Meeting
2017/11/15
   EP - Results of vote in Parliament
2017/11/15
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 554 votes to 48, with 80 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union.

As a reminder, the Commission proposal aims to make targeted amendments to the "basic anti-dumping Regulation" and the "basic anti-subsidy Regulation" to protect against dumped and subsidised imports from third country.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Significant market distortions : The amended text clarifies the circumstances in which significant distortions can be considered to have a significant influence on the free market forces: this would be the case where the prices or costs declared, including the cost of raw materials and energy, are not the result of the free market forces because they are affected by substantial government intervention.

In assessing the existence of significant distortions regard shall be had, inter alia, to the potential impact of one or more of the following elements:

the market in question being served to a significant extent 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; the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws; wage costs being distorted; access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state.

When assessing the existence of significant distortions, relevant international standards, including core conventions of the International Labour Organisation (ILO) and relevant multilateral environmental conventions, shall be taken into account, where appropriate.

Commission reports : the Commission shall produce, make public and regularly update reports on significant distortions, which could potentially result in an anti-dumping investigation, describing the market circumstances concerning those instances in a certain country or a certain sector.

The Union industry may rely on the evidence in these reports in the context of filing a complaint .

Such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector. In such investigations, interested parties should have ample opportunity to comment on the reports and the evidence on which they are based

Indications as to the existence of significant distortions may also be presented by all relevant stakeholders, including Union industry and trade unions . Such indications and the need to avoid any additional burdens for Union industry in using the anti-dumping instrument, in particular in view of the economic and trade specificities of small and medium-sized enterprises , shall be considered when deciding on preparing or updating the relevant reports.

Report and information : the Commission shall, with due regard to the protection of confidential information, present an annual 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, reinvestigations, reviews, significant distortions 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 European Parliament may invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. It may also communicate any relevant considerations and facts to the Commission.

Commission declarations : the Commission recalled that the purpose of the new methodology is to maintain the continued protection of the Union industry against unfair trade practices, in particular those arising from significant market distortions. In that respect, the Commission will ensure that the Union industry incurs no additional burden when seeking protection under the anti-dumping instrument.

The Commission shall inform the European Parliament and the Council whenever it intends to produce or update a report.

Where the European Parliament or the Council inform the Commission that they consider that the conditions for producing or updating a report are met, the Commission will take the appropriate action and inform the European Parliament and the Council accordingly.

Documents
2017/11/14
   EP - Debate in Parliament
2017/10/12
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2017/10/11
   CSL - Coreper letter confirming interinstitutional agreement
2017/06/27
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on International Trade adopted the report by Salvatore CICU (EPP, IT) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union.

The committee recommended that the position of the European Parliament adopted at first reading in accordance with the ordinary legislative procedure should amend the Commission proposal as follows:

Determination of the normal value in the event of market distortions (basic anti-dumping Regulation) : Members stated that normal value in the presence of market distortions shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for each and every factor of production .

If an exporting producer from a country where one or more significant distortions exist clearly demonstrates that it is not directly or indirectly affected by any significant distortion and that its costs of one or more of its individual factors of production are not distorted, as assessed pursuant to the third subparagraph, 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 of production 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 of production, and actual use in production.

Criteria and factors to be taken into account : Members considered that there is a significant market distortion when the declared prices or costs, including the cost of raw materials, energy and other factors of production, are not the result of free market forces as they are affected by government intervention or in case of non-compliance:

the fundamental Conventions of the International Labour Organization (ILO) listed in Annex I to the Regulation (in particular the Conventions on forced labour, freedom of association, collective bargaining rights, equal remuneration for men and women); multilateral environmental agreements to which the Union is a party; the OECD conventions in the field of taxation .

When assessing the existence of significant distortions regard should be had, inter alia , to the potential impact of the following:

government influence , whether direct or indirect, over the allocation of resources and decisions and enterprises; the lack of or discriminatory application or inadequate enforcement of a transparent and effective set of laws that ensure the respect of property rights and the operation of a functioning bankruptcy regime; wage rates are not the result of free bargaining between labour and management; the absence of a transparent set of laws produces discriminatory effects with regard to joint ventures and foreign investments; access to finance granted by institutions implementing public policy objectives, including by sectorial subsidies, or the existence of an oligopoly or monopoly in factors of production.

Report and conclusions : the Commission services would be required to draw up a detailed report describing the particular situation relating to all these criteria in a given country or sector. The Commission should take account of the economic and commercial particularities of SMEs and assist them in the use of the reports.

On the request of the European Parliament , of a Member State or on the Commission’s own initiative when circumstances in a specific country or sector have changed, the Commission shall initiate or update the report. In the absence of a report, the Commission shall use any available information or data to establish the existence of significant distortions.

The Commission shall make a definitive determination on the existence of one or more significant distortions in the exporting country and disclose it to the parties within 60 days following the initiation of the investigation. A determination that significant distortions exist in a given country or sector should remain in effect until revoked, and such revocation should take place only if sufficient evidence has conclusively shown that that country or sector is no longer affected by significant distortions.

Documents
2017/06/20
   EP - Vote in committee, 1st reading/single reading
2017/06/20
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/06/20
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/05/30
   EP - Committee opinion
Documents
2017/05/30
   EP - Amendments tabled in committee
Documents
2017/05/03
   CZ_SENATE - Contribution
Documents
2017/04/25
   EP - Committee draft report
Documents
2017/03/29
   ESC - Economic and Social Committee: opinion, report
Documents
2017/02/16
   IT_CHAMBER - Contribution
Documents
2016/12/05
   EP - BUZEK Jerzy (PPE) appointed as rapporteur in ITRE
2016/11/28
   EP - CICU Salvatore (PPE) appointed as rapporteur in INTA
2016/11/28
   EP - LEBRETON Gilles (ENF) appointed as rapporteur in JURI
2016/11/21
   EP - Committee referral announced in Parliament, 1st reading/single reading
2016/11/09
   EC - Document attached to the procedure
2016/11/09
   EC - Document attached to the procedure
2016/11/09
   EC - Document attached to the procedure
2016/11/09
   EC - Legislative proposal published
Details

PURPOSE: to make targeted amendments to the Basic Anti-Dumping Regulation and to the Basic Anti-Subsidy Regulation.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council. BACKGROUND : the Commission proposal covers targeted amendments to Regulation (EU) 2016/1036 on protection against dumped imports from countries that are not members of the European Union (the Basic Anti-Dumping Regulation) and to Regulation (EU) 2016/1037 on protection against subsidised imports from countries that are not members of the European Union (the Basic Anti-Subsidy Regulation).

IMPACT ASSESSMENT: taking into account the results of the public consultation, the independent study and the Commission's extensive practice in the use of the instruments, an impact assessment was carried out in Spring 2016, when various options were analysed. The preferred solutions form the basis for this proposal.

CONTENT : the proposal provides as follows:

1) Amendments to the Basic Anti-Dumping Regulation:

Determination of normal value in the presence of market distortions : the Regulation stipulates the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Members of the World Trade Organisation (WTO), it is proposed to amend the method used to calculate the normal value and the dumping margin for the countries concerned.

For WTO members, the normal value is normally determined on the basis of the domestic prices of the like product or on the basis of a constructed normal value. There are circumstances, however, in which the domestic prices and costs would not provide a reasonable basis to determine the normal value. This could be the case, for instance, when prices or costs are not the result of free market forces because they are affected by government intervention.

In such circumstances, the Commission considers that it would be inappropriate to use domestic prices and costs to determine the value at which the like product should be normally sold. Accordingly, a new provision stipulates that the normal value would instead be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks.

For this purpose, the sources that may be used would 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.

This methodology would allow the Commission to establish and measure the actual magnitude of dumping being practised in normal market conditions absent distortions.

For the sake of transparency and efficiency, the Commission services intend to issue public reports describing the specific situation concerning the market circumstances in any given country or sector . Such reports and the evidence on which it is based would also be placed on the file of any investigation relating to that country or sector so that all interested parties would be in a position to express their views and comments.

Transition from the current system to the new one : the proposal introduces specific disciplines ensuring that the entry into force of the new system would not create legal uncertainty for ongoing cases or unduly affect existing measures. Thus, the proposal makes clear that the new system would only apply to cases initiated upon entry into force of the amended provisions. Any given ongoing anti-dumping investigation at the time of entry into force would remain governed by the current disciplines.

2) Amendment to the Basic Anti-Subsidy Regulation : experience shows that the actual magnitude of subsidisation is not always evident at the time of initiation. Yet, those subsidies clearly provide an unfair benefit the exporters concerned, which allow them to sell at injurious prices to the EU market.

For reasons of due process and transparency, the proposal clarifies that, when such subsidies are found in the course of any given investigation or review, the Commission will offer additional consultations to the country of origin and/or export concerned with regard to such subsidies identified in the course of the investigation. In these situations, the Commission will send to the country of origin and/or export a summary of the main elements concerning these other subsidies to ensure meaningful consultations.

Documents

Activities

Votes

A8-0236/2017 - Salvatore Cicu - Am 22 15/11/2017 13:03:12.000

2017/11/15 Outcome: +: 554, 0: 80, -: 48
DE PL FR ES GB RO IT HU BE BG CZ PT AT NL SE DK HR FI SK LT SI EL LV MT LU EE CY IE
Total
77
50
65
51
67
31
65
21
20
16
21
20
15
24
17
13
11
11
11
10
8
17
7
6
6
5
6
9
icon: PPE PPE
200

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1

Ireland PPE

3
icon: S&D S&D
171

Belgium S&D

3

Netherlands S&D

2

Croatia S&D

2

Slovenia S&D

For (1)

1

Greece S&D

1

Latvia S&D

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Ireland S&D

For (1)

1
icon: ECR ECR
66

Romania ECR

For (1)

1

Italy ECR

2

Bulgaria ECR

2

Czechia ECR

2

Netherlands ECR

2

Croatia ECR

For (1)

1

Finland ECR

1

Lithuania ECR

1

Greece ECR

For (1)

1

Cyprus ECR

1
icon: ALDE ALDE
61

Germany ALDE

2

United Kingdom ALDE

1

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

2
3

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3

Ireland ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
45
4

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

Abstain (1)

1
icon: NI NI
17

Germany NI

For (1)

Against (1)

2

Poland NI

Against (1)

2

France NI

Abstain (1)

2

United Kingdom NI

For (1)

Against (2)

3
icon: ENF ENF
31

Germany ENF

Abstain (1)

1

Poland ENF

Against (1)

1

United Kingdom ENF

Against (1)

1

Romania ENF

Abstain (1)

1

Belgium ENF

Abstain (1)

1

Austria ENF

2

Netherlands ENF

4
icon: GUE/NGL GUE/NGL
48

United Kingdom GUE/NGL

Against (1)

1

Italy GUE/NGL

3

Netherlands GUE/NGL

3

Sweden GUE/NGL

Abstain (1)

1

Denmark GUE/NGL

Abstain (1)

1

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

2

Ireland GUE/NGL

Abstain (1)

4
icon: EFDD EFDD
41

Poland EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

2

Lithuania EFDD

Abstain (1)

1
AmendmentsDossier
238 2016/0351(COD)
2017/02/08 JURI 3 amendments...
source: 597.637
2017/03/22 ITRE 88 amendments...
source: 599.780
2017/05/23 INTA 147 amendments...
source: 604.811

History

(these mark the time of scraping, not the official date of the change)

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committees/1
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activities
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  • date: 2016-11-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: MOSCA Alessia Maria group: ECR name: LOONES Sander group: ALDE name: LAMBSDORFF Alexander Graf group: GUE/NGL name: SCHOLZ Helmut group: Verts/ALE name: JADOT Yannick group: EFD name: BORRELLI David group: ENF name: SALVINI Matteo responsible: True committee: INTA date: 2016-11-28T00:00:00 committee_full: International Trade rapporteur: group: EPP name: CICU Salvatore body: EP responsible: False committee: ITRE date: 2016-12-05T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: EPP name: BUZEK Jerzy body: EP responsible: False committee: JURI date: 2016-11-28T00:00:00 committee_full: Legal Affairs rapporteur: group: ENF name: LEBRETON Gilles
  • date: 2017-06-20T00:00:00 body: unknown type: Committee decision to open interinstitutional negotiations with report adopted in committee
  • date: 2017-06-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: S&D name: MOSCA Alessia Maria group: ECR name: LOONES Sander group: ALDE name: LAMBSDORFF Alexander Graf group: GUE/NGL name: SCHOLZ Helmut group: Verts/ALE name: JADOT Yannick group: EFD name: BORRELLI David group: ENF name: SALVINI Matteo responsible: True committee: INTA date: 2016-11-28T00:00:00 committee_full: International Trade rapporteur: group: EPP name: CICU Salvatore body: EP responsible: False committee: ITRE date: 2016-12-05T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: EPP name: BUZEK Jerzy body: EP responsible: False committee: JURI date: 2016-11-28T00:00:00 committee_full: Legal Affairs rapporteur: group: ENF name: LEBRETON Gilles
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0236&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0236/2017 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: S&D name: MOSCA Alessia Maria group: ECR name: LOONES Sander group: ALDE name: LAMBSDORFF Alexander Graf group: GUE/NGL name: SCHOLZ Helmut group: Verts/ALE name: JADOT Yannick group: EFD name: BORRELLI David group: ENF name: SALVINI Matteo responsible: True committee: INTA date: 2016-11-28T00:00:00 committee_full: International Trade rapporteur: group: EPP name: CICU Salvatore body: EP responsible: False committee: ITRE date: 2016-12-05T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: EPP name: BUZEK Jerzy body: EP responsible: False committee: JURI date: 2016-11-28T00:00:00 committee_full: Legal Affairs rapporteur: group: ENF name: LEBRETON Gilles date: 2017-06-27T00:00:00
  • date: 2017-10-12T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/inta/inag/2017/10-03/INTA_AG(2017)612094_EN.pdf type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations title: PE612.094 GEDA/A/(2017)009267 body: unknown type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations
  • date: 2017-11-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20171114&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2017-11-15T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=30019&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0437 type: Decision by Parliament, 1st reading/single reading title: T8-0437/2017 body: EP type: Results of vote in Parliament
  • date: 2017-12-04T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3581
  • date: 2017-12-04T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2017-12-12T00:00:00 body: CSL type: Final act signed
  • date: 2017-12-12T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2017-12-19T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017R2321 title: Regulation 2017/2321 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:338:TOC title: OJ L 338 19.12.2017, p. 0001
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  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3581 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3581*&MEET_DATE=04/12/2017 date: 2017-12-04T00:00:00
docs
  • date: 2016-11-09T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2016:0370:FIN:EN:PDF title: EUR-Lex title: SWD(2016)0370 type: Document attached to the procedure body: EC
  • date: 2016-11-09T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2016:0371:FIN:EN:PDF title: EUR-Lex title: SWD(2016)0371 type: Document attached to the procedure body: EC
  • date: 2016-11-09T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2016:0372:FIN:EN:PDF title: EUR-Lex title: SWD(2016)0372 type: Document attached to the procedure body: EC
  • date: 2017-03-29T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0077)(documentyear:2017)(documentlanguage:EN) title: CES0077/2017 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2017-04-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE602.983 title: PE602.983 type: Committee draft report body: EP
  • date: 2017-05-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.738&secondRef=03 title: PE597.738 committee: ITRE type: Committee opinion body: EP
  • date: 2017-05-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE604.811 title: PE604.811 type: Amendments tabled in committee body: EP
  • date: 2017-10-11T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/inta/lcag/2017/10-11/INTA_LA(2017)009267_EN.pdf title: GEDA/A/(2017)009267 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2017-12-13T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F17&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00050/2017/LEX type: Draft final act body: CSL
  • date: 2018-01-10T00:00:00 docs: url: /oeil/spdoc.do?i=30019&j=0&l=en title: SP(2018)8 type: Commission response to text adopted in plenary
  • date: 2017-02-16T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0721 title: COM(2016)0721 type: Contribution body: IT_CHAMBER
  • date: 2017-05-03T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0721 title: COM(2016)0721 type: Contribution body: CZ_SENATE
events
  • date: 2016-11-09T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0721/COM_COM(2016)0721_EN.pdf title: COM(2016)0721 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0721 title: EUR-Lex summary: PURPOSE: to make targeted amendments to the Basic Anti-Dumping Regulation and to the Basic Anti-Subsidy Regulation. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council. BACKGROUND : the Commission proposal covers targeted amendments to Regulation (EU) 2016/1036 on protection against dumped imports from countries that are not members of the European Union (the Basic Anti-Dumping Regulation) and to Regulation (EU) 2016/1037 on protection against subsidised imports from countries that are not members of the European Union (the Basic Anti-Subsidy Regulation). IMPACT ASSESSMENT: taking into account the results of the public consultation, the independent study and the Commission's extensive practice in the use of the instruments, an impact assessment was carried out in Spring 2016, when various options were analysed. The preferred solutions form the basis for this proposal. CONTENT : the proposal provides as follows: 1) Amendments to the Basic Anti-Dumping Regulation: Determination of normal value in the presence of market distortions : the Regulation stipulates the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Members of the World Trade Organisation (WTO), it is proposed to amend the method used to calculate the normal value and the dumping margin for the countries concerned. For WTO members, the normal value is normally determined on the basis of the domestic prices of the like product or on the basis of a constructed normal value. There are circumstances, however, in which the domestic prices and costs would not provide a reasonable basis to determine the normal value. This could be the case, for instance, when prices or costs are not the result of free market forces because they are affected by government intervention. In such circumstances, the Commission considers that it would be inappropriate to use domestic prices and costs to determine the value at which the like product should be normally sold. Accordingly, a new provision stipulates that the normal value would instead be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks. For this purpose, the sources that may be used would 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. This methodology would allow the Commission to establish and measure the actual magnitude of dumping being practised in normal market conditions absent distortions. For the sake of transparency and efficiency, the Commission services intend to issue public reports describing the specific situation concerning the market circumstances in any given country or sector . Such reports and the evidence on which it is based would also be placed on the file of any investigation relating to that country or sector so that all interested parties would be in a position to express their views and comments. Transition from the current system to the new one : the proposal introduces specific disciplines ensuring that the entry into force of the new system would not create legal uncertainty for ongoing cases or unduly affect existing measures. Thus, the proposal makes clear that the new system would only apply to cases initiated upon entry into force of the amended provisions. Any given ongoing anti-dumping investigation at the time of entry into force would remain governed by the current disciplines. 2) Amendment to the Basic Anti-Subsidy Regulation : experience shows that the actual magnitude of subsidisation is not always evident at the time of initiation. Yet, those subsidies clearly provide an unfair benefit the exporters concerned, which allow them to sell at injurious prices to the EU market. For reasons of due process and transparency, the proposal clarifies that, when such subsidies are found in the course of any given investigation or review, the Commission will offer additional consultations to the country of origin and/or export concerned with regard to such subsidies identified in the course of the investigation. In these situations, the Commission will send to the country of origin and/or export a summary of the main elements concerning these other subsidies to ensure meaningful consultations.
  • date: 2016-11-21T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-06-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-06-20T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2017-06-20T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2017-06-27T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0236&language=EN title: A8-0236/2017 summary: The Committee on International Trade adopted the report by Salvatore CICU (EPP, IT) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union. The committee recommended that the position of the European Parliament adopted at first reading in accordance with the ordinary legislative procedure should amend the Commission proposal as follows: Determination of the normal value in the event of market distortions (basic anti-dumping Regulation) : Members stated that normal value in the presence of market distortions shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for each and every factor of production . If an exporting producer from a country where one or more significant distortions exist clearly demonstrates that it is not directly or indirectly affected by any significant distortion and that its costs of one or more of its individual factors of production are not distorted, as assessed pursuant to the third subparagraph, 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 of production 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 of production, and actual use in production. Criteria and factors to be taken into account : Members considered that there is a significant market distortion when the declared prices or costs, including the cost of raw materials, energy and other factors of production, are not the result of free market forces as they are affected by government intervention or in case of non-compliance: the fundamental Conventions of the International Labour Organization (ILO) listed in Annex I to the Regulation (in particular the Conventions on forced labour, freedom of association, collective bargaining rights, equal remuneration for men and women); multilateral environmental agreements to which the Union is a party; the OECD conventions in the field of taxation . When assessing the existence of significant distortions regard should be had, inter alia , to the potential impact of the following: government influence , whether direct or indirect, over the allocation of resources and decisions and enterprises; the lack of or discriminatory application or inadequate enforcement of a transparent and effective set of laws that ensure the respect of property rights and the operation of a functioning bankruptcy regime; wage rates are not the result of free bargaining between labour and management; the absence of a transparent set of laws produces discriminatory effects with regard to joint ventures and foreign investments; access to finance granted by institutions implementing public policy objectives, including by sectorial subsidies, or the existence of an oligopoly or monopoly in factors of production. Report and conclusions : the Commission services would be required to draw up a detailed report describing the particular situation relating to all these criteria in a given country or sector. The Commission should take account of the economic and commercial particularities of SMEs and assist them in the use of the reports. On the request of the European Parliament , of a Member State or on the Commission’s own initiative when circumstances in a specific country or sector have changed, the Commission shall initiate or update the report. In the absence of a report, the Commission shall use any available information or data to establish the existence of significant distortions. The Commission shall make a definitive determination on the existence of one or more significant distortions in the exporting country and disclose it to the parties within 60 days following the initiation of the investigation. A determination that significant distortions exist in a given country or sector should remain in effect until revoked, and such revocation should take place only if sufficient evidence has conclusively shown that that country or sector is no longer affected by significant distortions.
  • date: 2017-10-12T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: url: http://www.europarl.europa.eu/RegData/commissions/inta/inag/2017/10-03/INTA_AG(2017)612094_EN.pdf title: PE612.094 url: http://www.europarl.europa.eu/RegData/commissions/inta/lcag/2017/10-11/INTA_LA(2017)009267_EN.pdf title: GEDA/A/(2017)009267
  • date: 2017-11-14T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20171114&type=CRE title: Debate in Parliament
  • date: 2017-11-15T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=30019&l=en title: Results of vote in Parliament
  • date: 2017-11-15T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0437 title: T8-0437/2017 summary: The European Parliament adopted by 554 votes to 48, with 80 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union. As a reminder, the Commission proposal aims to make targeted amendments to the "basic anti-dumping Regulation" and the "basic anti-subsidy Regulation" to protect against dumped and subsidised imports from third country. The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows: Significant market distortions : The amended text clarifies the circumstances in which significant distortions can be considered to have a significant influence on the free market forces: this would be the case where the prices or costs declared, including the cost of raw materials and energy, are not the result of the free market forces because they are affected by substantial government intervention. In assessing the existence of significant distortions regard shall be had, inter alia, to the potential impact of one or more of the following elements: the market in question being served to a significant extent 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; the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws; wage costs being distorted; access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state. When assessing the existence of significant distortions, relevant international standards, including core conventions of the International Labour Organisation (ILO) and relevant multilateral environmental conventions, shall be taken into account, where appropriate. Commission reports : the Commission shall produce, make public and regularly update reports on significant distortions, which could potentially result in an anti-dumping investigation, describing the market circumstances concerning those instances in a certain country or a certain sector. The Union industry may rely on the evidence in these reports in the context of filing a complaint . Such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector. In such investigations, interested parties should have ample opportunity to comment on the reports and the evidence on which they are based Indications as to the existence of significant distortions may also be presented by all relevant stakeholders, including Union industry and trade unions . Such indications and the need to avoid any additional burdens for Union industry in using the anti-dumping instrument, in particular in view of the economic and trade specificities of small and medium-sized enterprises , shall be considered when deciding on preparing or updating the relevant reports. Report and information : the Commission shall, with due regard to the protection of confidential information, present an annual 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, reinvestigations, reviews, significant distortions 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 European Parliament may invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. It may also communicate any relevant considerations and facts to the Commission. Commission declarations : the Commission recalled that the purpose of the new methodology is to maintain the continued protection of the Union industry against unfair trade practices, in particular those arising from significant market distortions. In that respect, the Commission will ensure that the Union industry incurs no additional burden when seeking protection under the anti-dumping instrument. The Commission shall inform the European Parliament and the Council whenever it intends to produce or update a report. Where the European Parliament or the Council inform the Commission that they consider that the conditions for producing or updating a report are met, the Commission will take the appropriate action and inform the European Parliament and the Council accordingly.
  • date: 2017-12-04T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2017-12-12T00:00:00 type: Final act signed body: CSL
  • date: 2017-12-12T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2017-12-19T00:00:00 type: Final act published in Official Journal summary: PURPOSE: modernise the EU's trade defence instruments. LEGISLATIVE ACT: Regulation (EU) 2017/2321 of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union. CONTENT: the Regulation amends the basic anti-dumping and anti-subsidy Regulations currently in force, in order to better deal with unfair commercial practices . The main changes introduced concern the following points: Determination of normal value where there are market distortions : the Regulation amends the method used to calculate the normal value and the dumping margin for non-market economy third countries. In case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence in that country of significant distortions, the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks. Sources of information that may be used for this purpose include, but are not limited to, undistorted international prices, costs, or benchmarks, or the corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country. Significant market distortions : the amending Regulation specifies the circumstances in which significant distortions can be considered to have a considerable influence on free market forces. It states that this is the case when reported prices or costs, including the costs of raw materials and energy, are not the result of free market forces because they are affected by substantial government intervention. The analysis of the existence of significant distortions will take into account the following factors: the market in question being served to a significant extent 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; the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws; wage costs being distorted; access to finance granted by institutions that implement public policy objectives or otherwise not acting independently of the state. Relevant international standards, including core conventions of the International Labour Organisation (ILO) and relevant multilateral environmental conventions, should be taken into account, where appropriate. Commission reports : in the interest of transparency, the Regulation provides for the possibility for the Commission services to produce and make public a report describing the market circumstances in a particular country or sector . Such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector so that interested parties have ample opportunity to comment on the reports and the evidence on which they are based. Union industry will be able to rely on the evidence in these reports in the context of filing a complaint. All interested parties, including industry and trade unions established in the Union, may also present indications of significant distortions. The Commission undertakes inform the European Parliament and the Council whenever it intends to produce or update a report. Subsidies: experience has shown that the actual magnitude of subsidisation is usually discovered during the relevant investigation. When such subsidies are found in the course of any given investigation or review, the Commission will offer additional consultations to the country of origin and/or export concerned with regard to such subsidies identified in the course of the investigation. Report and information : the Commission will present to the European Parliament and the Council an annual report on the application of the Regulation, taking into account the protection of confidential information. The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, reinvestigations, reviews, significant distortions and verification visits, and the activities of the various bodies responsible for monitoring the implementation of the Regulation. ENTRY INTO FORCE: 20.12.2017. docs: title: Regulation 2017/2321 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017R2321 title: OJ L 338 19.12.2017, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:338:TOC
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  • body: EC dg: url: http://ec.europa.eu/info/departments/trade_en title: Trade commissioner: MALMSTRÖM Cecilia
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  • Amending Regulation (EU) 2016/1036
  • Amending Regulation (EU) 2016/1037
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text

PURPOSE: modernise the EU's trade defence instruments.

LEGISLATIVE ACT: Regulation (EU) 2017/2321 of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union.

CONTENT: the Regulation amends the basic anti-dumping and anti-subsidy Regulations currently in force, in order to better deal with unfair commercial practices. The main changes introduced concern the following points:

Determination of normal value where there are market distortions: the Regulation amends the method used to calculate the normal value and the dumping margin for non-market economy third countries.

In case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence in that country of significant distortions, the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks.

Sources of information that may be used for this purpose include, but are not limited to, undistorted international prices, costs, or benchmarks, or the corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country.

Significant market distortions: the amending Regulation specifies the circumstances in which significant distortions can be considered to have a considerable influence on free market forces. It states that this is the case when reported prices or costs, including the costs of raw materials and energy, are not the result of free market forces because they are affected by substantial government intervention.

The analysis of the existence of significant distortions will take into account the following factors:

  • the market in question being served to a significant extent 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;
  • the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws;
  • wage costs being distorted;
  • access to finance granted by institutions that implement public policy objectives or otherwise not acting independently of the state.

Relevant international standards, including core conventions of the International Labour Organisation (ILO) and relevant multilateral environmental conventions, should be taken into account, where appropriate.

Commission reports: in the interest of transparency, the Regulation provides for the possibility for the Commission services to produce and make public a report describing the market circumstances in a particular country or sector. Such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector so that interested parties have ample opportunity to comment on the reports and the evidence on which they are based. 

Union industry will be able to rely on the evidence in these reports in the context of filing a complaint.

All interested parties, including industry and trade unions established in the Union, may also present indications of significant distortions.

The Commission undertakes inform the European Parliament and the Council whenever it intends to produce or update a report.

Subsidies: experience has shown that the actual magnitude of subsidisation is usually discovered during the relevant investigation. When such subsidies are found in the course of any given investigation or review, the Commission will offer additional consultations to the country of origin and/or export concerned with regard to such subsidies identified in the course of the investigation.

Report and information: the Commission will present to the European Parliament and the Council an annual report on the application of the Regulation, taking into account the protection of confidential information.

The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, reinvestigations, reviews, significant distortions and verification visits, and the activities of the various bodies responsible for monitoring the implementation of the Regulation.

ENTRY INTO FORCE: 20.12.2017.

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Regulation 2017/2321
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Procedure completed
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6.20.02 Export/import control, trade defence
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  • The European Parliament adopted by 554 votes to 48, with 80 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union.

    As a reminder, the Commission proposal aims to make targeted amendments to the "basic anti-dumping Regulation" and the "basic anti-subsidy Regulation" to protect against dumped and subsidised imports from third country.

    The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

    Significant market distortions: The amended text clarifies the circumstances in which significant distortions can be considered to have a significant influence on the free market forces: this would be the case where the prices or costs declared, including the cost of raw materials and energy, are not the result of the free market forces because they are affected by substantial government intervention.

    In  assessing the existence of significant distortions regard shall be had, inter alia, to the potential impact of one or more of the following elements: 

    • the market in question being served to a significant extent 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;
    • the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws;
    • wage costs being distorted;
    • access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state.

    When assessing the existence of significant distortions, relevant international standards, including core conventions of the International Labour Organisation (ILO) and relevant multilateral environmental conventions, shall be taken into account, where appropriate.

    Commission reports: the Commission shall produce, make public and regularly update reports on significant distortions, which could potentially result in an anti-dumping investigation, describing the market circumstances concerning those instances in a certain country or a certain sector.

    The Union industry may rely on the evidence in these reports in the context of filing a complaint.

    Such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector. In such investigations, interested parties should have ample opportunity to comment on the reports and the evidence on which they are based

    Indications as to the existence of significant distortions may also be presented by all relevant stakeholders, including Union industry and trade unions. Such indications and the need to avoid any additional burdens for Union industry in using the anti-dumping instrument, in particular in view of the economic and trade specificities of small and medium-sized enterprises, shall be considered when deciding on preparing or updating the relevant reports.

    Report and information: the Commission shall, with due regard to the protection of confidential information, present an annual 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, reinvestigations, reviews, significant distortions 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 European Parliament may invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. It may also communicate any relevant considerations and facts to the Commission. 

    Commission declarations: the Commission recalled that the purpose of the new methodology is to maintain the continued protection of the Union industry against unfair trade practices, in particular those arising from significant market distortions. In that respect, the Commission will ensure that the Union industry incurs no additional burden when seeking protection under the anti-dumping instrument.

    The Commission shall inform the European Parliament and the Council whenever it intends to produce or update a report.

    Where the European Parliament or the Council inform the Commission that they consider that the conditions for producing or updating a report are met, the Commission will take the appropriate action and inform the European Parliament and the Council accordingly.

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Awaiting Council 1st reading position / budgetary conciliation convocation
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Provisional agreement between Parliament and Council on final act
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0437 type: Decision by Parliament, 1st reading/single reading title: T8-0437/2017
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http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)595905
title
Briefing
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http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)595905
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Briefing
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2017-11-15T00:00:00
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PE612.094 GEDA/T/(2017)009267
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PE612.094 GEDA/A/(2017)009267
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2017-10-23T00:00:00
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2017-11-13T00:00:00
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  • The Committee on International Trade adopted the report by Salvatore CICU (EPP, IT) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union.

    The committee recommended that the position of the European Parliament adopted at first reading in accordance with the ordinary legislative procedure should amend the Commission proposal as follows:

    Determination of the normal value in the event of market distortions (basic anti-dumping Regulation): Members stated that normal value in the presence of market distortions shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for each and every factor of production.

    If an exporting producer from a country where one or more significant distortions exist clearly demonstrates that it is not directly or indirectly affected by any significant distortion and that its costs of one or more of its individual factors of production are not distorted, as assessed pursuant to the third subparagraph, 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 of production 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 of production, and actual use in production.

    Criteria and factors to be taken into account: Members considered that there is a significant market distortion when the declared prices or costs, including the cost of raw materials, energy and other factors of production, are not the result of free market forces as they are affected by government intervention or in case of non-compliance:

    • the fundamental Conventions of the International Labour Organization (ILO) listed in Annex I to the Regulation (in particular the Conventions on forced labour, freedom of association, collective bargaining rights, equal remuneration for men and women);
    • multilateral environmental agreements to which the Union is a party;
    • the OECD conventions in the field of taxation.

    When assessing the existence of significant distortions regard should be had, inter alia, to the potential impact of the following:

    • government influence, whether direct or indirect, over the allocation of resources and decisions and enterprises;
    • the lack of or discriminatory application or inadequate enforcement of a transparent and effective set of laws that ensure the respect of property rights and the operation of a functioning bankruptcy regime;
    • wage rates are not the result of free bargaining between labour and management;
    • the absence of a transparent set of laws produces discriminatory effects with regard to joint ventures and foreign investments;
    • access to finance granted by institutions implementing public policy objectives, including by sectorial subsidies, or the existence of an oligopoly or monopoly in factors of production.

    Report and conclusions: the Commission services would be required to draw up a detailed report describing the particular situation relating to all these criteria in a given country or sector. The Commission should take account of the economic and commercial particularities of SMEs and assist them in the use of the reports.

    On the request of the European Parliament, of a Member State or on the Commission’s own initiative when circumstances in a specific country or sector have changed, the Commission shall initiate or update the report. In the absence of a report, the Commission shall use any available information or data to establish the existence of significant distortions.

    The Commission shall make a definitive determination on the existence of one or more significant distortions in the exporting country and disclose it to the parties within 60 days following the initiation of the investigation. A determination that significant distortions exist in a given country or sector should remain in effect until revoked, and such revocation should take place only if sufficient evidence has conclusively shown that that country or sector is no longer affected by significant distortions.

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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0236&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0236/2017
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Rules of Procedure of the European Parliament EP 150
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2017-06-20T00:00:00
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EPP
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4f1ac6ecb819f25efd000055
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LÓPEZ BERMEJO Paloma
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BUZEK Jerzy
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activities/0/docs/0/celexid
CELEX:52016PC0721:EN
activities/0/docs/0/celexid
CELEX:52016PC0721:EN
activities/1/committees/0/shadows/3
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GUE/NGL
name
SCHOLZ Helmut
activities/1/committees/0/shadows/6
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ENF
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SALVINI Matteo
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GUE/NGL
name
SCHOLZ Helmut
committees/0/shadows/6
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ENF
name
SALVINI Matteo
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url
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)595905
title
Briefing
activities/1/committees/0/shadows
  • group: S&D name: MOSCA Alessia Maria
  • group: ECR name: LOONES Sander
  • group: ALDE name: LAMBSDORFF Alexander Graf
  • group: Verts/ALE name: JADOT Yannick
  • group: EFD name: BORRELLI David
committees/0/shadows
  • group: S&D name: MOSCA Alessia Maria
  • group: ECR name: LOONES Sander
  • group: ALDE name: LAMBSDORFF Alexander Graf
  • group: Verts/ALE name: JADOT Yannick
  • group: EFD name: BORRELLI David
activities/1/committees/1/date
2016-12-05T00:00:00
activities/1/committees/1/rapporteur
  • group: GUE/NGL name: LÓPEZ BERMEJO Paloma
committees/1/date
2016-12-05T00:00:00
committees/1/rapporteur
  • group: GUE/NGL name: LÓPEZ BERMEJO Paloma
activities/1/committees/0/date
2016-11-28T00:00:00
activities/1/committees/0/rapporteur
  • group: EPP name: CICU Salvatore
committees/0/date
2016-11-28T00:00:00
committees/0/rapporteur
  • group: EPP name: CICU Salvatore
activities/0/docs/0/text
  • PURPOSE: to make targeted amendments to the Basic Anti-Dumping Regulation and to the Basic Anti-Subsidy Regulation.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council. BACKGROUND : the Commission proposal covers targeted amendments to Regulation (EU) 2016/1036 on protection against dumped imports from countries that are not members of the European Union (the Basic Anti-Dumping Regulation) and to Regulation (EU) 2016/1037 on protection against subsidised imports from countries that are not members of the European Union (the Basic Anti-Subsidy Regulation).

    IMPACT ASSESSMENT: taking into account the results of the public consultation, the independent study and the Commission's extensive practice in the use of the instruments, an impact assessment was carried out in Spring 2016, when various options were analysed.  The preferred solutions form the basis for this proposal.

    CONTENT : the proposal provides as follows:

    1) Amendments to the Basic Anti-Dumping Regulation:

    Determination of normal value in the presence of market distortions: the Regulation stipulates the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Members of the World Trade Organisation (WTO), it is proposed to amend the method used to calculate the normal value and the dumping margin for the countries concerned.

    For WTO members, the normal value is normally determined on the basis of the domestic prices of the like product or on the basis of a constructed normal value. There are circumstances, however, in which the domestic prices and costs would not provide a reasonable basis to determine the normal value. This could be the case, for instance, when prices or costs are not the result of free market forces because they are affected by government intervention.

    In such circumstances, the Commission considers that it would be inappropriate to use domestic prices and costs to determine the value at which the like product should be normally sold. Accordingly, a new provision stipulates that the normal value would instead be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks.

    For this purpose, the sources that may be used would 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.

    This methodology would allow the Commission to establish and measure the actual magnitude of dumping being practised in normal market conditions absent distortions.

    For the sake of transparency and efficiency, the Commission services intend to issue public reports describing the specific situation concerning the market circumstances in any given country or sector. Such reports and the evidence on which it is based would also be placed on the file of any investigation relating to that country or sector so that all interested parties would be in a position to express their views and comments.

    Transition from the current system to the new one: the proposal introduces specific disciplines ensuring that the entry into force of the new system would not create legal uncertainty for ongoing cases or unduly affect existing measures. Thus, the proposal makes clear that the new system would only apply to cases initiated upon entry into force of the amended provisions. Any given ongoing anti-dumping investigation at the time of entry into force would remain governed by the current disciplines.

    2) Amendment to the Basic Anti-Subsidy Regulation: experience shows that the actual magnitude of subsidisation is not always evident at the time of initiation. Yet, those subsidies clearly provide an unfair benefit the exporters concerned, which allow them to sell at injurious prices to the EU market.

    For reasons of due process and transparency, the proposal clarifies that, when such subsidies are found in the course of any given investigation or review, the Commission will offer additional consultations to the country of origin and/or export concerned with regard to such subsidies identified in the course of the investigation. In these situations, the Commission will send to the country of origin and/or export a summary of the main elements concerning these other subsidies to ensure meaningful consultations.

activities/1/committees/2/date
2016-11-28T00:00:00
activities/1/committees/2/rapporteur
  • group: ENF name: LEBRETON Gilles
committees/2/date
2016-11-28T00:00:00
committees/2/rapporteur
  • group: ENF name: LEBRETON Gilles
activities
  • date: 2016-11-09T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0721/COM_COM(2016)0721_EN.pdf celexid: CELEX:52016PC0721:EN type: Legislative proposal published title: COM(2016)0721 body: EC commission: type: Legislative proposal published
  • date: 2016-11-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI
committees
  • body: EP responsible: True committee_full: International Trade committee: INTA
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
links
other
    procedure
    dossier_of_the_committee
    INTA/8/08406
    reference
    2016/0351(COD)
    instrument
    Regulation
    legal_basis
    Treaty on the Functioning of the EU TFEU 207-p2
    stage_reached
    Awaiting committee decision
    summary
    subtype
    Legislation
    title
    Protection against dumped and subsidised imports from countries not members of the EU
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject
    6.20.02 Export/import control, trade defence