8 Amendments of Daniel CASPARY related to 2016/0351(COD)
Amendment 53 #
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 a
Article 2 – paragraph 6 a – 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 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 thate Commission 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, or, when considered appropriate by the Commission, undistorted international prices, costs, or benchmarks. Where the Commission determines certain domestic costs to be undistorted, in particular where exporters and producers show this conclusively, including in the framework of the provisions on interested parties in point (c), it shall use such costs. 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 90 #
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 c
Article 2 – paragraph 6 a – point c
(c) When appropriate, the Commission services may issuehas well- founded indications of the possible existence of significant distortions as report describing the specific situation concerning the criteria listed inferred to in point (b), and when appropriate for the effective application of this Regulation, a report describing the market circumstances as per point (b) in a certain country or a certain sector shall be produced or updated. 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. The Commission shall review and update the report if necessary in the case of a change of market circumstances as per point (b). A review of the report should be carried out at least once within two years.
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 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.