Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | INTA | CICU Salvatore (EPP) | MOSCA Alessia Maria (S&D), LOONES Sander (ECR), LAMBSDORFF Alexander Graf (ALDE), SCHOLZ Helmut (GUE/NGL), JADOT Yannick (Verts/ALE), BORRELLI David (EFD), SALVINI Matteo (ENF) |
Opinion | ITRE | LÓPEZ BERMEJO Paloma (GUE/NGL) | |
Opinion | JURI | LEBRETON Gilles (ENF) |
Legal Basis TFEU 207-p2
Activites
-
2016/11/21
Committee referral announced in Parliament, 1st reading/single reading
-
2016/11/09
Legislative proposal published
-
COM(2016)0721
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.
-
COM(2016)0721
summary
Documents
- Legislative proposal published: COM(2016)0721
Amendments | Dossier |
91 |
2016/0351(COD)
2017/02/08
JURI
3 amendments...
Amendment 1 #
Proposal for a regulation Recital 2 (2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate 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 WTO, it is appropriate t
Amendment 2 #
Proposal for a regulation 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 of Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated. 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. It is also appropriate to note that the compatibility of the proposed new calculation methods in anti-dumping investigations with WTO legislation should be assessed in light of the decisions of WTO dispute settlement bodies in related cases.
Amendment 3 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2016/1036 Article 2 – paragraph 7 – subparagraph 1 In the case of imports from
source: 597.637
2017/03/22
ITRE
88 amendments...
Amendment 100 #
Proposal for a regulation Article 3 – paragraph 1 This Regulation shall enter into force, following the adoption of the Commission services reports concerning the countries referred to in point (b a), on the day following that of its publication in the Official Journal of the European Union.
Amendment 13 #
Proposal for a regulation Citation 2 a (new) Having regard to the resolution on China’s Market Economy Status adopted in the European Parliament on 12 May 2016,
Amendment 14 #
Proposal for a regulation Citation 2 a (new) Having regard to the resolution on China’s Market Economy Status adopted in the European Parliament on 12 May 2016,
Amendment 15 #
Proposal for a regulation Citation 2 a (new) Having regard to the European Parliament resolution on China’s Market Economy Status adopted on May 2016,
Amendment 16 #
Proposal for a regulation Recital 1 a (new) (1a) The European Union should be able to protect European industry against dumping effectively, and future EU action must accord with WTO rules; an instrument with the same rules for all trading partners is the correct basis for lasting trade relations.
Amendment 17 #
Proposal for a regulation Recital 2 (2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate the basis on which normal value should be determined in the case of imports from
Amendment 18 #
Proposal for a regulation Recital 2 (2)
Amendment 19 #
Proposal for a regulation Recital 2 a (new) (2a) It is appropriate to recall that in order to have effective anti-dumping measures that the Lesser Duty Rule unjustly reduces the anti-dumping duties at a level below the dumping margin. Asks in this purpose the removal of the Lesser Duty rule as proposed by the European Parliament in its position adopted at first reading on 16 April 2014 on TDIs modernization. Welcomes the proposal of accelerating the proceedings but maintains that provisional duties shall be maintained. Insists that the EU should impose stiffer duties on dumped or subsidised imported goods or put in place a border adjustment mechanism if the exporting third country that does not have a sufficient level of social standards like fundamental worker rights including freedom of association, the right to collective bargaining and the right to strike or neither the same environmental standards such as REACH or ETS models assessed on the basis of environmental and labour rights conventions compared to what it is designed within the European Union.
Amendment 20 #
Proposal for a regulation Recital 2 a (new) (2a) Takes note of the Council agreement to modernise the EU’s trade defence instruments but recalls that in order to have effective anti-dumping measures, the Lesser Duty Rule unjustly reduces the anti-dumping duties at a level below the dumping margin. Asks in this purpose the remove of the Lesser Duty rule as proposed by the European Parliament in its position adopted at first reading on 16 April 2014 on TDIs modernisation.
Amendment 21 #
Proposal for a regulation 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, when reported prices or costs, including the costs of raw materials and other factor of productions, 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 exists regard may 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.
Amendment 22 #
Proposal for a regulation Recital 3 (3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting
Amendment 23 #
Proposal for a regulation Recital 3 (3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions may be deemed to exist, which affect
Amendment 24 #
Proposal for a regulation 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, e.g. by affecting production costs and product prices, may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials, are not the result of free market forces because they are affected by government intervention, including low environmental social and tax standards. It is further appropriate to clarify that in considering whether or not such a situation exists regard may 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;
Amendment 25 #
Proposal for a regulation 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, when reported prices or costs, including the costs of raw materials, are not the result of free market forces because they are affected by government
Amendment 26 #
Proposal for a regulation Recital 3 (3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions other than countervailable subsidies 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, when reported prices or costs, including the costs of raw materials, 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 exists regard may 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 concerning these criteria in a certain
Amendment 27 #
Proposal for a regulation 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, when reported prices or costs, including the costs of raw materials, 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 exists regard may be had, inter alia, to the potential impact of the following: lack of compliance with international social and environmental standards having as result an impact on cost production; 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
Amendment 28 #
Proposal for a regulation 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, when reported prices or costs, including the cost
Amendment 29 #
Proposal for a regulation 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, when reported prices or costs, including the costs of primary and secondary raw materials, 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 exists regard may be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises
Amendment 30 #
Proposal for a regulation Recital 3 a (new) (3a) It is further appropriate to provide that the Commission adopts reports describing the specific situation concerning the criteria listed in recital 3 in a certain country or a certain sector; that 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; and that interested parties should have ample opportunity to comment on the reports and the evidence on which they are based in each investigation in which such reports or evidence are used.
Amendment 31 #
Proposal for a regulation 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 or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. 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. It is especially the case in the absence of equivalent environmental and social standards or when overcapacities have an important impact on prices and costs. Overcapacities are defined when the commercial surpluses start being structural without any comparative advantage in the country, when domestic prices and export prices are lower than the prices on the world market or when investments in new production capacities are realised in discordance with a growing commercial surplus. Notes that trade unions can provide a specific insight in terms of health and safety conditions as well as environmental and social standards.
Amendment 32 #
Proposal for a regulation 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 or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. 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
Amendment 33 #
Proposal for a regulation 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 or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. 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
Amendment 34 #
Proposal for a regulation 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 and take account of structural overproduction. 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 or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. 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
Amendment 35 #
Proposal for a regulation 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
Amendment 36 #
Proposal for a regulation 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
Amendment 37 #
Proposal for a regulation Recital 5 (5) It is further appropriate to recall that, with respect to the methodology used in the original investigation and to be used in the review investigation, Article 11(9) of Regulation (EU) 2016/1036 applies. In this context, it is appropriate to clarify that, when examining whether there is an indication that circumstances have changed, 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. In any case, the burden of proof cannot be considered to rest with party requesting the investigation.
Amendment 38 #
Proposal for a regulation Recital 5 a (new) (5a) The speed at which protection measures are adopted is vital for the survival of sectors in which dumping occurs, and the automatic character of these measures should ensure that they act as a disincentive.
Amendment 39 #
Proposal for a regulation 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 6
Amendment 40 #
Proposal for a regulation Recital 7 a (new) (7a) It is appropriate to remind to European Institutions to coordinate with their major trading partners through multilateral or bilateral actions before and during investigations. In this regards, a comparative follow-up on the anti- dumping calculation with our major trading partners shall be exercised by the European Commission and the results is communicated to the stakeholders. To this purpose, the dedicated staff of the European Commission must increase.
Amendment 41 #
Proposal for a regulation Recital 7 a (new) (7a) It is appropriate to remind to European Institutions to coordinate with their major trading partners through multilateral or bilateral actions before and during investigations. In this regards, a comparative follow-up on the anti- dumping calculation with our major trading partners shall be exercised by the European Commission and the results is communicated to the stakeholders. To this purpose, the dedicated staff of the European Commission must increase.
Amendment 42 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 - paragraph 6a - point a (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 significant distortions, the normal value shall 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 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 and with sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification and effective implementation by the third country of the Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 43 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 - paragraph 6a - point a (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 significant distortions, the normal value shall 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 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 cost data are readily available. Indirect environmental costs such as CO2 emissions shall be taken into account and estimated as a rate of the total cost for the same amount in Europe; in case of no cooperation from the exporting country, the maximal cost will be applied. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 44 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point a (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 significant market distortions, the normal value shall 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 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
Amendment 45 #
(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 significant distortions, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for the costs affected by significant distortions. 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 and with a similar level of competitiveness in the concerned sector as the exporting country, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 46 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 - paragraph 6a - point a (a) In case it is determined
Amendment 47 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 - paragraph 6a - point a (a) In case it is determined
Amendment 48 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 - paragraph 6a - point a (a) In case it is determined
Amendment 49 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 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, when reported prices or costs, including the costs of raw materials and energy, are not the result of free market forces as they are affected by government intervention or as they are the result of social and environmental dumping. In considering whether or not significant distortions exist regard may 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, decision, 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; market share beyond 40% of the sector world market is held by the industry of the exporting country which could be a sign of abuse of a dominant position; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces;
Amendment 50 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 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, when reported prices or costs by the exporter in the exporting country, including the costs of raw materials, are not the result of free market forces as they are affected by
Amendment 51 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 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, when reported prices or costs, including the costs of raw materials, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard may 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.
Amendment 52 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 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, when reported prices or costs, including the costs of raw materials, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard may be had, inter alia, to the potential impact of the following: lack of compliance with international social and environmental standards having as result an impact on cost production; 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.
Amendment 53 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 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, when reported prices or costs, including the costs of raw materials, are not the result of free market forces as they are affected by government intervention or come about as a result of social and/or environmental dumping. In considering whether or not significant distortions exist regard may 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;
Amendment 54 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1037 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, when reported prices or costs, including the costs of raw materials, are not the result of free market forces as they are affected by government interventions that are not countervailable subsidies as defined in Article 4 of Regulation (EU) 2016/1037. In considering whether or not significant distortions exist regard may 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.
Amendment 55 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 (b) Significant distortions
Amendment 56 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2016/1036 article 2 – paragraph 6 – point b a (new) Amendment 57 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point b a (new) Amendment 58 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2016/1036 Article 2 - paragraph 6 a - point b a (new) (ba) Significant distortions for the product concerned within the meaning of point (a) shall be deemed to exist, inter alia, when reported prices or costs are the result of overcapacities in the sense that the price or the cost of the product are not the result of free market forces as they are affected by levels of overproductions which reduce the impact of fixed costs.
Amendment 59 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) (ba) Significant distortions for the product concerned within the meaning of point (a) shall be deemed to exist, inter alia, when reported prices or costs are the result of overcapacities in the sense that the price or the cost of the product are not the result of free market forces as they are affected by levels of overproductions which reduce the impact of fixed costs.
Amendment 60 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 b (new) Regulation (EU) 2016/1036 Article 2 - paragraph 6 a - point b b (new) (bb) Insists that the EU should impose stiffer duties on dumped or subsidised imported goods or put in place a border adjustment mechanism if the exporting third country which does not have a sufficient level of social and environmental standards assessed on the basis of environmental and labour rights conventions compared to what it is designed within the European Union.
Amendment 61 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point c (c) When appropriate, the Commission services may issue a report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. Such report
Amendment 62 #
(c) When appropriate, the Commission services
Amendment 63 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 article 2 – paragraph 6a – point c (c)
Amendment 64 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point c (c) When appropriate and in a timely manner, the Commission services
Amendment 65 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point c (c)
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point c (c) When appropriate or at the request of a sector of industry or a trade union, the Commission services m
Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 (c) When appropriate, the Commission services may issue a report describing the specific situation concerning the criteria listed in point (b) in a certain
Amendment 68 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point c (c) When appropriate, the Commission services
Amendment 69 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point c (c)
Amendment 70 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point c (c)
Amendment 71 #
(ca) The Commission shall provide for simplified complaints procedures for small and medium-sized enterprises.
Amendment 72 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point d (d) The Union industry may rely on the reports referred to in p
Amendment 73 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – 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. Reports on countries referred to in point (b a) shall constitute sufficient evidence to justify the calculation of normal value on the basis of undistorted international prices, costs, or benchmarks, or, in the absence thereof, on the basis of prices or costs in the EU. Further, where a significant portion of the complaining Union industry is made up of SMEs, the normal value calculations in the complaint can be based on information related to costs of production in the EU of the product concerned.
Amendment 74 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point d (d) The Union industry and trade unions 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. Insists on the fact that the European Union should do more to help trade unions and firms to take advantages of EU measures to combat dumping, in that sense, trade unions and SMEs should be accompanied by a Help Desk for filing complaints and providing guidance in investigation proceedings. The desk could even help them to put together the initial evidence of economic injury needed to justify launching an anti-dumping investigation.
Amendment 75 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point d (d) The Union industry and trade unions 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
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – 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 or for a fresh investigation under Article 12.
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 (e) The parties to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point (a) and shall be given 10 days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19. No later than three months from the opening of the investigation, a communication indicating the procedures to be followed shall be sent to the parties concerned.
Amendment 78 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point e (e) The parties to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of p
Amendment 79 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point e (e) The parties to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point (a) and shall be given 10 days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19. A disclosure regarding the methodology to be used shall be communicated to the parties no later than three months from initiation of the investigation.
Amendment 80 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point e (e) The parties including trade unions and SMEs to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point (a) and shall be given 10 days to
Amendment 81 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point e (e) The parties including trade unions and SMEs to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point (a) and shall be given 10 days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19.
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point e a (new) (ea) In a case of less than full cooperation by an exporting producer from a country in which significant distortions exist, and without prejudice to the application of Article 18, Article 7(2) shall not apply for the determination of the anti-dumping duty to be imposed on imports from that exporting producer.
Amendment 83 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EU) 2016/1036 Article 2 – paragraph 6a – point e a (new) (ea) The Commission shall publish guidelines indicating the methods, the obligation to demonstrate distortions pursuant to Article 2(6a), the approach adopted by the Commission and the opportunities for businesses and trade unions to participate.
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2016/1036 Article 2 - paragraph 7 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,
Amendment 85 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2016/1036 Article 2 - paragraph 7 In the case of imports from
Amendment 86 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2016/1036 Article 2 - paragraph 7 An appropriate
Amendment 87 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2016/1036 Article 2 - paragraph 7 The parties to the investigation shall be informed shortly after its initiation of the
Amendment 88 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EU) 2016/1036 Article 2 - paragraph 7 - point b In article 2, paragraph 7 (b) is replaced by the following: (b) In anti-dumping investigations concerning imports from the countries that do not respect the five criteria mentioned in paragraph 7(a), the normal value shall be determined in accordance with paragraphs 1 to 6, if it is shown, on the basis of properly substantiated claims by one or more producers subject to the investigation, that those criteria do not prevail for this producer or producers in respect of the manufacture and sale of the like product concerned. When that is not the case, the rules set out under point (a) shall apply.
Amendment 89 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EU) 2016/1036 Article 2 - paragraph 7 Amendment 90 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Regulation (EU) 2016/1036 Article 8 – paragraphe 1 (2b) In Article 8, paragraph 1 is replaced by the following: 1. On the condition that a provisional affirmative determination of dumping and injury has been made, the Commission may, in accordance with the advisory procedure referred to in Article 15(2), accept satisfactory voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices, if it is satisfied that the injurious effect of the dumping is thereby eliminated. In such a case and as long as such undertakings are in force, provisional duties imposed by the Commission in accordance with Article 7(1), or definitive duties imposed in accordance with Article 9(4), as the case may be, shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended. The price increases brought about as a result of these undertakings must, at the minimum, eliminate the dumping margin.
Amendment 91 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/1036 In the case of a transition from a normal value calculated pursuant to the former Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6
Amendment 92 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EU) 2016/1036 Article 11 - paragraph 4 In the case of a transition from a normal value calculated pursuant to the former Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6
Amendment 93 #
Proposal for a regulation Article 1 – paragraph 1 a (new) Regulation (EU) 2016/1036 1. Assessment of the need for intervention in the Union’s interest shall be based on a consistently balanced appreciation of all the various interests taken as a whole, including the interests of EU industry, workers and users and consumers, for the benefit of all concerned. This shall be done only after all parties have been given the opportunity to make their views known pursuant to paragraph 2. Special attention shall be given to the need to eliminate the trade distorting effects of injurious dumping and to restore effective competition. Dumping practices and the adverse effects thereof may, in certain cases, not lead to action being taken where the authorities, on the basis of all the information submitted, can clearly see that it is not in the Union’s interest to do so.
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 Regulation (EU) 2016/1037 Article 10 - paragraph 7 The Commission shall also offer consultations to the country of origin and/or export concerned with regard to other subsidies identified in the course of the investigation. In these situations, the
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 Regulation (EU) 2016/1037 Article 10 - paragraph 7 The Commission shall also offer consultations to the country of origin and/or export concerned with regard to other subsidies identified in the course of the investigation. In these situations, the Commission shall send to the country of origin and/or export a summary of the main elements concerning other subsidies, in particular those referred to in point (c) of paragraph 2 of this article. If the additional subsidies are not covered by the notice of initiation, the notice of initiation shall be amended and the amended version be published in the Official Journal of the European Union, inviting all interested parties to comment.
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 1 a (new) Regulation (EU) 2016/1037 Article 2 – paragraph 7 Amendment 97 #
Proposal for a regulation Article 2 – paragraph 1 a (new) Regulation (EU) 2016/1037 Article 12 Article 12 is replaced by the following: 1. Provisional duties must be imposed if: (a) proceedings have been initiated in accordance with Article 10; (b) a notice has been given to that effect and interested parties have been given an adequate opportunity to submit information and make comments in accordance with the second subparagraph of Article 10(12); (c) a provisional affirmative determination has been made that the imported product benefits from countervailable subsidies and of consequent injury to the Union industry. The provisional duties shall be imposed no earlier than 30 days, and no later than 120 days, from the initiation of the proceedings. The amount of the provisional countervailing duty must not exceed the total amount of countervailable subsidies as provisionally established. 2. Provisional duties shall be secured by a guarantee and the release of the products concerned for free circulation in the Union shall be conditional upon the provision of such a guarantee. 3. The Commission shall adopt provisional measures in accordance with the procedure referred to in Article 25(4). 4. Where a Member State requests immediate intervention by the Commission and where the conditions in the first and second subparagraphs of paragraph 1 are met, the Commission shall, within a maximum of five working days of receipt of the request, impose a provisional countervailing duty. 5.Provisional countervailing duties shall be imposed for a maximum period of four months.
Amendment 98 #
Proposal for a regulation Article 2 – paragraph 1 b (new) Regulation (EU) 2016/1037 Article 13 Amendment 99 #
Proposal for a regulation Article 3 – paragraph 1 This Regulation shall enter into force on the later of : - the day following that of its publication in the Official Journal of the European Union, and - the day following the adoption of the Commission services reports concerning the non - market economy countries as indicated in article 2 point 6 paragraph b.
source: 599.780
|
History
(these mark the time of scraping, not the official date of the change)
activities/2 |
|
activities/0/docs/0/celexid |
CELEX:52016PC0721:EN
|
activities/0/docs/0/celexid |
CELEX:52016PC0721:EN
|
activities/1/committees/0/shadows/3 |
|
activities/1/committees/0/shadows/6 |
|
committees/0/shadows/3 |
|
committees/0/shadows/6 |
|
links/Research document |
|
activities/1/committees/0/shadows |
|
committees/0/shadows |
|
activities/1/committees/1/date |
2016-12-05T00:00:00
|
activities/1/committees/1/rapporteur |
|
committees/1/date |
2016-12-05T00:00:00
|
committees/1/rapporteur |
|
activities/1/committees/0/date |
2016-11-28T00:00:00
|
activities/1/committees/0/rapporteur |
|
committees/0/date |
2016-11-28T00:00:00
|
committees/0/rapporteur |
|
activities/0/docs/0/text |
|
activities/1/committees/2/date |
2016-11-28T00:00:00
|
activities/1/committees/2/rapporteur |
|
committees/2/date |
2016-11-28T00:00:00
|
committees/2/rapporteur |
|
activities |
|
committees |
|
links |
|
other |
|
procedure |
|