Activities of Christofer FJELLNER related to 2016/0351(COD)
Plenary speeches (2)
Protection against dumped and subsidised imports from countries not members of the EU (debate)
Protection against dumped and subsidised imports from countries not members of the EU (debate) SV
Amendments (10)
Amendment 50 #
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 the domestic prices and costs in the exporting country due to the existence of significant distortions in the exporting country, 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 includee Commission may use include: – corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country. If firm-level data for the cost of production is used, a firm should be chosen whose exports indicate that the firm is competitive on the world market at the time when the concerned product was produced; or where otherwise inappropriate: – 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. Where the Commission determines certain domestic data to be undistorted, in particular, where exporters and producers submit sufficient information to this end, including in the framework of the provisions on interested parties in point (c), it shall use such data. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(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 those distortions which occur when reported prices or costs are not the result of free market forces as they are affected by substantial government intervention. In considering whether or notWhen assessing the existence of 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.
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 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,are those distortions which occur when reported prices or costs, including the costs of raw materials, are not the result of free market forces as they are affected by substantial government intervention. In considering whether or notWhen assessing the existence of significant distortions exist, regard may be had, inter alia, to the potentiactual 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.
Amendment 95 #
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, the Commission services may issue a report describing the specific situation concerning the criteria listed inhas well- founded indications of the possible existence of significant distortions as referred to in point (b) it shall produce or update a report describing the market circumstances per point (b) in a certain country or a certain sector. Such reports and the evidence on which it isthey are based mayshall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to rebut, 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 maderelating to the existence of significant distortions shall take into account all of the relevant evidence on the file.
Amendment 108 #
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 evidence in the report referred to in point (c) for the calculation of normal valuewhere meeting the standard of evidence in view of Article 5(9) when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11, or a request for a reinvestigation in accordance with Article 12.
Amendment 110 #
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 evidence in the report referred to in point (c) for the calculation of normal valuein view of article 5(9) when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11 or a request for a reinvestigation in accordance with Article 12..
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2016/1036
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, 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 third country, orn appropriate representative country that is either member of the WTO or not listed in Annex I of Regulation (EU) 2015/755. Otherwise, the normal value shall be determined on the basis of 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.
Amendment 135 #
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 139 #
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 150 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/1037
Article 10 – paragraph 7
Article 10 – paragraph 7
The Commission shall also offer consultations to the country of origin and/or export concerned with regard to other subsidies identified in the course of the investigation. In these situations, the Commission shall send to the country of origin and/or export a summary of the main elements concerning other subsidies, in particular those referred to in point (c) of paragraph 2 of this article. If the additional subsidies are not covered by the notice of initiation, the notice of initiation shall be amended and the amended version be published in the Official Journal of the European Union, inviting a. All interested parties will be given additional and sufficient time to comment.