15 Amendments of Jean-Luc SCHAFFHAUSER related to 2016/0351(COD)
Amendment 28 #
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 material of labour, the costs of raw materials and energy costs, 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 mayshall issue a biennial 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.
Amendment 34 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation 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 which interested parties have had an opportunity to comment.
Amendment 37 #
Proposal for a regulation
Recital 5
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)
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 48 #
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 affecting its economy or certain production sectors, 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 and similar production costs 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 51 #
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 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. National legislation regarding health and safety, rights at the workplace, environmental protection and intellectual property enables enterprises to reduce production costs.
Amendment 69 #
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 public 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, as well as the results obtained from previous EU investigations and reports on the exporting country, 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 file.
Amendment 70 #
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 biennial 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 file.
Amendment 71 #
(ca) The Commission shall provide for simplified complaints procedures for small and medium-sized enterprises.
Amendment 76 #
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 d
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
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 89 #
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 2 - paragraph 7
Article 2 - paragraph 7
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2016/1036
Article 8 – paragraphe 1
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 97 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Regulation (EU) 2016/1037
Article 12
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)
Article 2 – paragraph 1 b (new)
Regulation (EU) 2016/1037
Article 13
Article 13