Activities of Franck PROUST related to 2016/0351(COD)
Plenary speeches (1)
Protection against dumped and subsidised imports from countries not members of the EU (debate) FR
Amendments (20)
Amendment 12 #
Proposal for a regulation
Recital 2
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 that, for those countries, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036, with effect from the date on which this Regulation enters into force, and subject to the provisions of this Regulation. In the case of countries which are, at the date of initiation, not Members of the WTO and listed in Annex I of Regulation (EU) 2015/7552, norma1 value should be determined on the basis of paragraph 7 of Article 2 of Regulation (EU) 2016/1036, as amended by this Regulation. This Regulation should be without prejudice to any WTO Memberestablishing whether or not any WTO Member iat constitutes a market economy. _________________ 2 Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, 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 country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. such a situation takes place when reported prices or costs, including the costs of raw materials, energy or other factors of production, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists, due account must be paid, 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 sacrificing of fact and law an adequate corporate governance, 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 of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, the failure to apply or comply with international accounting standards, foreign exchange transactions not carried out at market rates, wage rates 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 other foreign investments; failure to comply with international and multilateral commitments on social, environmental and fiscal standards by the exporting country and access to finance granted by institutions implementing public policy objectives and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector or sectors of the economy of the exporting country should lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. However, if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted, those costs should be used in calculating its normal value. The Commission services should draft or update a comprehensive, in-depth report describing the specific situation concerning these criteria in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been recorded, the report should be completed and adopted before the entry into force of this regulation. The EU’s industrial sector should be consulted during the process of drafting the report; the specific economic and commercial characteristics of SMEs, as well as the sectors they cover, shall be taken into account in drawing up the reports. All such reports and the evidence on which they are based may 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 report and the evidence on which it is based in each investigation in which such report or evidence is used, and to provide information demonstrating the existence of a significant distortion. Particular attention shall be paid and support shall be provided to SMEs in these investigations. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or on the Commission’s own initiative when the circumstances in a specific country or sector have changed, the Commission shall draft or update the requested report. In any event the European Commission shall update the report every two years.
Amendment 15 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials, energy and other factors of production, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists regard may, due account must be hapaid, 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; overcapacity leading to overproduction, a deliberate policy of exchange rate manipulation leading to an undervaluation of the national currency, non-respect by the exporting country of international environmental, social or tax commitments of the exporting country leading to a distortion of competition, 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 country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. , the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, wage rates not the result of free bargaining between labour and management, the absence of a transparent set of laws producing discriminatory effects with regard to joint- ventures and other foreign investments, and access to finance granted by institutions implementing public policy objectives, as well as any other circumstances which the Commission considers appropriate for ascertaining the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. However, if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted, those costs should be used in calculating its normal value. It is further appropriate to provide that the Commission services draw up a report, in collaboration with the EU’s industrial sector, describing the specific situation concerning these criteria in a certain country or a certain sector. For those countries for which a substantial number of anti-dumping cases have been recorded, the report should be completed and adopted before the entry into force of this Regulation. The EU’s industrial sector should be consulted during the report drafting process. All such reports and the evidence on which they are based may be placed on the file of any investigation relating to that country or sector. Interested parties also should have ample opportunity to comment on the reports and the evidence on which it is based in each investigation in which such reports or evidence is used. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or in the event of a change of circumstances in a specific country or sector, the Commission shall draft the report, or if one already exists, update the report. In any event, the European Commission should carry out a review of the report every two years.
Amendment 36 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of reliable 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.
Amendment 41 #
Proposal for a regulation
Recital 6
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2, the reasonable period of time provided for in the first sub-paragraph 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, enabling the continued application of measures to defend against subsidised imports, should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point a
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 in a given sector or the economy as a whole, 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 countryproducer country in which the prices and production under review are the result of free market forces, 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. In the event that data are not available, or reliable or that the exporter or the authorities in the exporting country obstructs the investigation, the normal value calculated shall be increased by a reasonable surcharge as a punishment.
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in a given sector, 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. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions forin respect of 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, energy or other production factors 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, due account must be hapaid, 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;, sacrificing of fact and law an adequate corporate governance, 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. , the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, the failure to apply or comply with international accounting standards, foreign exchange transactions not carried out at market rates, wage rates 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 other foreign investments; failure to comply with international and multilateral commitments on social, environmental and fiscal standards by the exporting country and access to finance granted by institutions implementing public policy objectives and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. If an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted, those costs shall be used in calculating its normal value.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported sale prices or costs, including the costs and sale prices of raw materials and energy, 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, due account must be hapaid, 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. , overcapacity leading to overproduction, a deliberate policy of exchange rate manipulation leading to an undervaluation of the national currency, non-respect by the exporting country of international environmental, social or tax commitments of the exporting country leading to a distortion of competition, the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, wage rates not the result of free bargaining between labour and management, the absence of a transparent set of laws producing discriminatory effects with regard to joint- ventures and other foreign investments, and access to finance granted by institutions implementing public policy objectives, as well as any other circumstances which the Commission considers appropriate for ascertaining the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector or sectors of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. If an exporting producer from a country that has been accused of not meeting those conditions is able to demonstrate clearly that its costs of one or more individual factors of production are not distorted, those costs shall be used in calculating its normal value.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services may issue ashall draft or update a comprehensive, in-depth report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into account all of the relevant evidence on the fileFor those countries for which a substantial number of anti-dumping cases have been recorded, the report should be completed and adopted before the entry into force of this regulation. The EU’s industrial sector should be consulted during the process of drafting the report; the specific economic and commercial characteristics of SMEs, as well as the sectors they cover, shall be taken into account in drawing up the reports. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used; they will thus be able to provide information demonstrating the existence of a significant distortion. Particular attention shall be paid and support shall be provided to SMEs in these investigations. The determinations made shall take into account all of the relevant evidence on the file. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or on the Commission’s own initiative when the circumstances in a specific country or sector have changed, the Commission shall draft or update the requested report. In any event, the European Commission shall update the report every two years.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services mayshall issue a detailed report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been opened, the report shall be completed and adopted before the entry into force of this Regulation. The Union industry shall be consulted during the report drafting process. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. Particular attention must be given to SMEs in EU industry. The determinations made shall take into account all of the relevant evidence on the file. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission shall draft the report, or if one already exists, update the report. In any event, the European Commission shall carry out a review of the report every two years.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the conclusions of the report show the existence of significant distortions, the report pursuant to the paragraph 6 (b) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in subparagraph (a). In any event, no additional charge should be imposed on EU industry, and specific support must be provided for and made available to SMEs in view of the difficulties that they can face. The absence of a report shall not prevent the Commission from using any available information or data to establish the existence of significant distortions and use the methodology referred to in subparagraph (a) if the relevant requirements are met.
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the conclusions of the report show the existence of significant distortions, the report pursuant to the paragraph 6 (b) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in subparagraph (a). In any event, no additional burden should be imposed on EU industry, and in particular on SMEs, which must receive guidance when they require it. The absence of a report shall not prevent the Commission from using any available information or data to establish the existence of significant distortions and use the methodology referred to in subparagraph (a) if the relevant requirements are met.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point e
Article 2 – paragraph 6 a – 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 filevalidation to access the file after they have registered on a register maintained by the Commission, including any evidence on which the investigating authority relies, without prejudice to Article 19.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point e a (new)
Article 2 – paragraph 6 a – point e a (new)
(ea) In order to prevent any occurrence of disloyal competition, the Commission must put in place an information exchange mechanism with the countries applying anti-dumping measures.
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2016/1036
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new) Regulation (EU) 2016/1036
Article 1 – paragraph 1 – point 5 a (new) Regulation (EU) 2016/1036
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2016/1036
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2016/1036
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
(5c) The following is added to Article 18, paragraph one, final part: ‘Interested parties shall be made aware of the consequences of non-cooperation.’ (https://publications.europa.eu/fr/publication-detail/-/publication/e0dcca38-3e84-11e6-af30- and shall be listed in a register whose use will enable the Commission and the partner countries to focus more attention on the activities of those parties.’ Or. fr 01aa75ed71a1/language-en)
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)
Article 1 – paragraph 1 – point 5 d (new)
Regulation (EU) 2016/1036
Article 23 – paragraph 1
Article 23 – paragraph 1