9 Amendments of Anne-Marie MINEUR related to 2016/0351(COD)
Amendment 10 #
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 acting as non-market economy countries which are Members of the WTO or which are, at the date of initiation, are 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 establishing whether or not any WTO Member is a market economy. This Regulation should be in accordance with the Union's obligations under international law, including the United Nations Sustainable Development Goals. _________________ 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 38 #
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. Furthermore relevant free trade agreements with countries whose economy is entrenched with the report country, should be taken account of in the determination of anti- dumping and anti-subsidy measures.
Amendment 54 #
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 the economy as a whole or in sectors of the economy, the normal value shall be based on a price or 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, and with sufficient level of social and environmental standards, provided the relevant data are readily available including Union costs of production and sale when appropriate. 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 the Union; 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 73 #
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 affecting to a considerable extent fairness of competition for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported prices or costs, including taxes and the costs of raw materials, are not the result of free market forces as they are affected by government interventionprimary and secondary raw materials, and labour, and the observation of environmental obligations are affected by government intervention for the purpose of unfair level playing field. 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 objectiveinterference of the state with respect to prices or costs.
Amendment 93 #
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) WThen 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 Commission issues reports, on its own initiative or at the request of a sector industry, a trade union or NGO's, and keeps them updated, describing the specific situation concerning practices of economic, tax, social and environmental dumping in trade partner countries of the European Union, or certain relevant sectors. The Commission shall review its reports at least every two years. 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, including trade unions and SME's 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 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1037
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – 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. If there is no report yet available, the Commission shall investigate the complaint in accordance with the relevant articles of this Regulation.
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1037
Article 2 – paragraph 7 – subparagraph 1
Article 2 – paragraph 7 – subparagraph 1
In the case of imports from countries which are, at the date of initiation, countries acting as non-market economies, including countries that are not members of the WTO and listed in Annex I of Regulation (EU) 2015/755, normal value shall be determined on the basis of the price or constructed value in a market economy thirdn appropriate and similar representative country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin. In case of relevant free trade agreements with countries whose economy is entrenched with the report country, should be taken account of in the determination of anti-dumping and anti- subsidy measures.
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1037
Article 2 – paragraph 7 – subparagraph 2
Article 2 – paragraph 7 – subparagraph 2
An appropriate market economy thirdrepresentative country with a similar level of economic development as the exporting country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used.
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1037
Article 2 – paragraph 7 – subparagraph 3
Article 2 – paragraph 7 – subparagraph 3
The parties to the investigation shall be informed shortly after its initiation of the market economy third country envisaged and shall be given 10 days to commentappropriate representative country with a similar level of economic development as the exporting country envisaged and shall be given 10 days to comment. The Commission shall also take into account the level of cooperation of the country of origin or export during the investigation and in the case of no cooperation from the exporting country, the maximum cost shall be applied.