12 Amendments of Tiziana BEGHIN related to 2016/0351(COD)
Amendment 18 #
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 systemic or macro distortions determine to a large extent whether prices and costs are significantly distorted in companies and sectors. The assessment of systemic distortions is particularly important in the case of heterogeneous sectors composed by a high share of small and medium sized enterprises (SMEs) where evidence of sector specific distortions are the most difficult to find. The existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country should lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each and every factor of production in the construction of the normal value. If an exporting producer from a country or a sector in which there exists one or more significant distortions conclusively demonstrates that it is not directly or indirectly affected by any significant distortion and that its costs of one or more individual factors of production are not distorted, those costs should be used in the construction of its normal value. The absence of distortion of an exporting producer's costs of a given factor and the reliability thereof should be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Such individual findings should not influence the normal value of other exporting producers and consequently should not be extrapolated to the whole country or sector regardless of the application of Article 17. It is further appropriate to provide that the Commission services issue a report describing the specific situation concerning these criteria in a certain country or a certain sector. The report should cover both sector/company specific and macro/systemic distortions, the latter being of particular importance for sectors with high share of SMEs The Union industry should be consulted during the report drafting process. Such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector. In accordance with its role, the European Parliament should monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission should update the report. The determinations made as to the existence of market - economy distorting practices for a country or sector should take into account all of the relevant evidence on the file and should be made definitively by the Commission no later than three months following initiation of an investigation. Interested parties should be given 10 days to comment on these determinations.
Amendment 23 #
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 existsGiven the need to promote and defend international trade based on the principles of fairness, sustainability and fair competition and 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 where an exporting country implements practices which distort the market economy in such a way as to make the use of domestic prices and production costs inappropriate, including the costs of raw materials, energy and other production factors. To that end, it is appropriate to clarify that in considering the actual behaviour of an exporting country, regard mayshould be had, inter alia, to the potential impact of to the following criteria: a high degree of government influence over the foallowing: the market in question is to a significant extent served bycation of resources and decisions of enterprises, which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowether directly or indirectly (public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; state- induced distortions ing 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. operation of enterprises linked to privatisation and the use of non-market trading or compensation systems (such as barter trade); the lack of a transparent and non- discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate company information); the lack of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; control by the national industry of over 40% of the global market share in a specific sector, which could be a sign of abuse of dominant position; non-compliance with international and European social, tax and environmental standards and any other criterion or fact which the Commission considers to be appropriate with a view to evaluating the existence of significant distortions.
Amendment 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting countr exporting country implements practices which distort the market economy with the consequence that costs reflected in the records of the party concerned are artificially low, such costs mayshould be adjusted or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks, as long as they are undistorted, or from markets in the European Union. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. This is especially the case when, in the exporting country, there is no equivalent to European social and environmental standards or where there is production overcapacity in one or more sectors which has a major impact on prices and costs. Possible information or evidence regarding the existence of practices which distort the market economy may also be provided by stakeholders, such as industries and trade unions. This information should be taken into consideration when decisions are made with regard to the production or updating of reports.
Amendment 42 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In applying the rules, it is essential in order to maintain the balance of the rights and obligations which the WTO Agreements, including Protocols, establish that the Union take account of how they are interpreted and applied by the Union's major trading partners.
Amendment 44 #
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 Such systemic or macro distortions determine to a large extent whether prices and costs are significantly distorted in companies and sectors. The assessment of systemic distortions is particularly important in the case of heterogeneous sectors composed by a high share of small and medium sized enterpricses and costs in the exporting country due to t(SMEs) where evidence of sector specific distortions are the most difficult to find. The existence of one or more significant distortions, in 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 economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each factor of production in the construction of the normal value. If exporting producers from a country or a sector in which there exists one or more significant distortions clearly demonstrate that their industry as a whole is not directly or indirectly affected by any significant distortion, their costs shall be used in the construction of the normal value. If an exporting producer from a country or a sector in which there exists one or more significant distortions clearly demonstrates that its costs of one or more individual factors of production relate to imports from countries without significant distortions and are not distorted, as assessed pursuant to the following paragraph, those costs shall be used in the construction of its normal value. The absence of distortion of an exporting producer's costs of a given factor and the reliability thereof shall be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Such individual findings shall not influence the normal value of other exporting 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. producers and consequently shall not be extrapolated to the whole country or sector regardless of the application of Article 17. With regard to the various elements described above, the Commission shall set deadlines for the submission of evidence in order to allow the respect of both the rights of defence of all interested parties and the overall procedural deadlines. Further evidence relating to individual factors of production can be accepted by the Commission after those deadlines only if it is possible to be properly and adequately verified by the Commission, and other parties would have sufficient time to comment.
Amendment 57 #
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 if an exporting country implements practices which distort the market economy in such a way as to cause significant dis not appropriate to usetortions of its domestic prices and production 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 includecluding the costs of raw materials, energy and other production factors, the normal value shall be constructed on the basis of undistorted international prices, costs, or benchmarks, or of the 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, including those of the Union, provided that the relevant cost data are readily available. Indirect environmental costs such as carbon dioxide emissions shall be taken into account and estimated as a part of the total cost for the same amount as in Europe; where there is no cooperation from the exporting country, the maximal cost will be applied. The constructed normal value shall include a reasonable, undistorted amount for administrative, selling and general costs and for profits.
Amendment 66 #
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 priIn assessing the actual behaviour of an exporting country within the meaning of point (a), regard should be had to the following criteria: a high degree of government influences 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, controlver the allocation of resources and decisions of enterprises, whether directly or indirectly (public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; state- induced distortions in the operation of enterprises linked to privatisation and the use of non-market trading or compensation systems (such as barter trade); the lack of a transparent and non- discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate company information); the lack of a coherent, effective and transparent set of laws which ensure the respect orf 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 objectiveroperty rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; control by the national industry of over 40% of the global market share in a specific sector, which could be a sign of abuse of dominant position; non-compliance with international and European social, tax and environmental standards and any other criterion or fact which the Commission considers to be appropriate with a view to evaluating the existence of significant distortions.
Amendment 80 #
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 report should cover both sector/company specific and macro/systemic distortions, the latter being of particular importance for sectors with high share of SMEs. The Union industry shall be consulted during the report drafting process. Such report and the evidence on which it is based mayshall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which i the absence of a report the Commission shall use any available information or data to establish the existence of one or more significant distortions and use the methodology referred to in point (a) if the relevant requirements are met. At the initiation of an investigation related to imports from a country or sector in which the Commission has well-founded indications of the possible existence of significant distortions, the Commission shall make a provisional determination as to the existence of significant dis based in each investigation in which such report or evidence is used. The determinations madetortions for that country or sectors and inform the parties of the investigations. The definitive determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made by the Commission no later than 45 days following initiation of an investigation. Interested parties shall be given 10 days to comment on these determinations. Any determination that significant distortions exist in a given country or sector shall stake into account all of the relevant evidence on the file. nd as long as sufficient evidence has not conclusively shown that that country or sector is not anymore affected by significant distortions and shall remain in effect until revoked. In accordance with its role, 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 update the report.
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 1036/2016
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the conclusions of the report show the existence of one or more significant distortions, the report pursuant to point (c) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in point (a). In any event, no additional burden shall be imposed on the Union industry.
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/1036
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/1036
Article 11 – paragraph 4 – subparagraph 4 a
Article 11 – paragraph 4 – subparagraph 4 a
Amendment 154 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall apply to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulationinvestigations under Article 5 of Regulation 1036/2016 initiated, on or after the date on which this Regulation enters into force. For all other investigations, this Regulation shall apply from the date on which the first expiry review of the relevant measures, following the entersry into force of Regulation...., is terminated.