7 Amendments of Jan ZAHRADIL related to 2016/0351(COD)
Amendment 25 #
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 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 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 or other circumstances allowing the state to interfere with respect to prices or costs;, including through the allocation of resources and decisions taken by enterprises, 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.
Amendment 32 #
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 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. Indications as to the existence of significant distortions may also be proffered by Union industry. Such indications should be considered when deciding on producing or updating the relevant reports.
Amendment 47 #
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 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. T, including those of a Member State, provided the relevant data are readily available. The constructed normal value shall include an undistorted and a reasonable amount for administrative, selling and general costs and for profits. 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 Union prices, costs or benchmark for each and every factor of production in the construction of the normal value. If exporting producers from a country or a sector in which there exist significant distortions conclusively demonstrate that the costs of one or more individual factors of production are not distorted for the industry as a whole, those costs shall be used in the construction of thed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. The absence of distortions of the exporting producers' 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. In order to allow the Commission to respect the overall procedural deadlines, and to respect the rights of defence of all stakeholders, the Commission shall set deadlines for the submission of evidence with regard to the various elements described above. In particular, further evidence can be accepted by the Commission after those deadlines only when it is possible to be properly and adequately verified by the Commission, and other parties would be able to have sufficient time to comment.
Amendment 72 #
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) mayshall be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard mayshall 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 or other circumstances allowing the state to interfere with respect to prices or costs, including through the allocation of resources and decisions taken by enterprises; 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 94 #
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 inmarket circumstances as per point (b) in a certain country or a certain sector. 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 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 fileas to the existence of significant distortions for a country or a sector shall take into account all of the relevant evidence on the file and shall be made definitely by the Commission no later than three months following the initiation of investigation.
Amendment 109 #
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 evidence in 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 in a request for an investigation in accordance with Article 12.
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2016/1036
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
(5a) In Article 23, a new paragraph is inserted: 1a. The Commission shall include reporting on the implementation of the provisions of Article 2 and Article 11 in its annual report to the Parliament on its activities with regard to trade defence investigations and measures. Five years after the entry into force of the above provisions, the Commission shall review and report to the Parliament in detail specifically on the experience of implementation during that period.