[ParlTrack]

Proposal for a regulation
Article 1 – paragraph a

(a) "Union industry" means the Union producers as a whole of the like or directly competitive products operating within the territory of the Union, or those Union producers whose collective output of the like or directly competitive products constitutes a major proportion of the total Union production of those products. In the case where the like or directly competitive product is only one of several products that are made by the producers who constitute the Union industry, the industry shall be defined as the specific operations that are involved in the production of the like or directly competitive product;

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 1 - paragraph f (new)

(f) “such conditions as to cause or threaten to cause” includes such factors as the production capacity, utilization rates, currency practices and labour conditions of a third country with regard to the manufacturing of components and materials incorporated into the product concerned, where such content commonly accounts for more than 5 percent of the manufacturing cost of such product;

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 1 - paragraph g (new)

(g) "Regional industry" means the producers as a whole of the like or directly competitive products operating within the territory of one or more regions in the Union, or those producers whose collective output of the like or directly competitive products constitutes a major proportion of the total production of those products in one or more regions.

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 2 - paragraph 1

1. A safeguard measure may be imposed in accordance with the provisions set out in this Regulation where a product originating in Korea is, as a result of the reduction or the elimination of the customs duties on that product, being imported in the Union in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the Union industry or to the regional industry producing a like or directly competitive product.

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 2 a (new)

Article 2a Monitoring The Commission shall monitor the evolution of import and export statistics of Korean products, and shall cooperate and exchange data on a regular basis with Member States and the Union industry. The Commission shall ensure that Member States provide adequate and good quality statistical data diligently. The Commission shall closely monitor Korean and third party statistics and forecasts for the range of products potentially affected by duty drawback from the day of entry into force of the Agreement. The Commission shall monitor and report to the Council and the European Parliament on Korea's compliance with Chapters Four and Eleven of the Agreement, pursuant to the provisions of this Article. The Commission, after consulting with the Republic of Korea as may be necessary, shall submit a semi-annual report to the Council and the European Parliament on Korea's compliance with Chapter Four and Eleven of the Agreement.. The report shall include any useful information on legislative and regulatory proposals, on technical and/or juridical decisions that could directly or indirectly affect the automotive and textile sector of the Agreement. Such report shall also determine whether Korean tax measures affecting de facto or de jure Union industry automotive or textile products violate the Agreement on Technical Barriers to Trade ("TBT Agreement") or Chapter 4 of the Agreement.

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 4 – paragraph 5

5. In the investigation the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. In the event that third- country content commonly accounts for more than 5 percent of the manufacturing cost of the product concerned, the Commission shall also evaluate, as bearing on the situation of the Union industry, the production capacity, utilization rates, currency practices and labor conditions of the third countries concerned.

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 4 – paragraph 5 a (new)

5a. If inputs, parts and components from third countries benefitting from duty drawback are targeted by EU anti- dumping and/or anti-subsidy investigations, the Commission will analyze the additional adverse effects that the duty drawback would have on EU producers. The Commission shall assess the merits of excluding from the scope of the investigation and subsequent measures, the inputs, parts and components incorporated into EU industrial assemblies against the risks of a change in the pattern of trade which may be deemed to circumvent the remedial effects of the duties. Such an exclusion shall be granted unless the risks of circumvention outweigh the benefits.

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 8

Duration and review of safeguard measures 1. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment. That period shall not exceed ~~two~~four years, unless it is extended under paragraph 2. 2. The initial period of duration of a safeguard measure may exceptionally be extended by up to ~~two~~four years provided it is determined that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting. 3. Extensions shall be adopted in accordance with the procedures of this Regulation applying to investigations and using the same procedures as the initial measures. The total duration of a safeguard measure may not exceed ~~four~~eight years, including any provisional measure. ~~4. A safeguard measure shall not be applied beyond the expiration of the transition period, except with the consent of the Republic of Korea.~~

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 11 a (new)

This amendment seeks to ensure that European Parliament and the Council have a continuing role in any decision to expand the Agreement to apply to products from Outward Processing Zones and that the Outward Processing Zones are in compliance with international labour conventions before their operations receive any benefit from the concessions under the Agreement.Article 11a Procedure for the Treatment of Outward Processing Zones under the Rules of Origin Protocol 1. Before the Commission agrees to any decisions within the Committee on Outward Processing Zones on the Korean Peninsula set up pursuant to Article 15.2.1. of the Agreement ("the Committee"), in particular a decision establishing the criteria for identification of geographic areas as "outward processing zones" under Annex IV to the Rules of Origin Protocol ("Annex IV"), or a decision designating specific areas as "outward processing zones" under Annex IV, it shall first comply with the procedures set out in this article. 2. The Commission shall present the Council and the European Parliament a report identifying the criteria used to designate geographical areas as "outward processing zones" under Annex IV at least 180 days before a Committee meeting, or, if a Council decision will be necessary pursuant to Article 218(9) of the Treaty on the Functioning of the European Union, at least 180 days before the Commission submits a proposal for a Council decision to the Council. The Report shall include, as one of the mandatory conditions to be fulfilled by the geographical area before it can be certified under Annex IV, compliance with core human and labour rights UN/ILO conventions, including: (a) International Covenant on Civil and Political Rights; (b) International Covenant on Economic, Social and Cultural Rights; (c) International Convention on the Elimination of All Forms of Racial Discrimination; (d) Convention on the Elimination of All Forms of Discrimination Against Women; (e) Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; (f) Convention on the Rights of the Child; (g) Convention on the Prevention and Punishment of the Crime of Genocide; (h) Convention concerning Minimum Age for Admission to Employment (No 138); (i) Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No 182); (j) Convention concerning the Abolition of Forced Labour (No 105); (k) Convention concerning Forced or Compulsory Labour (No 29); (l) Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (No 100); (m) Convention concerning Discrimination in Respect of Employment and Occupation (No 111); (n) Convention concerning Freedom of Association and Protection of the Right to Organise (No 87); (o) Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98); (p) International Convention on the Suppression and Punishment of the Crime of Apartheid; and (q) any other conventions listed therein, and if not, the reasons therefore. 3. The Report shall also specify whether workers in the proposed area enjoy the fundamental rights set out in Article 13.4(3)(a) to (d) in the Agreement, and how compliance with the criteria referred to in paragraph 2 will be monitored after the designation of an area as an "outward processing zone." 4. The Commission shall notify the Council and the European Parliament of any proposal by Korea that a specific geographical area be designated by the Committee as an "outward processing zone" pursuant to Article 1 of Annex IV within 30 days of receiving such proposal from Korea, and at least 180 days prior to the meetings of the Committee in which the matter will be discussed. 5. Within 90 days of submitting the notification pursuant to paragraph 4 , the Commission shall present to the Council and to the European Parliament a detailed report assessing whether the proposed area complies with each of the conditions set out by the Committee. In addition, the report shall identify the labour conditions prevalent in the proposed area, including: (a) average wages paid in the proposed area, in comparison to average wages paid in Korea and any adjacent country; and (b) an assessment on whether core human and labour rights UN/ILO conventions listed in paragraph 2 are complied with in the proposed area. 6. The Commission shall obtain the European Parliament's consent before deciding on Korea's proposals on designating a specific geographical area under Annex IV. Or. enJustification

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 11 b (new)

Article 11b Transition Period for Authorities Within 6 months of the coming into force of the Agreement, the Commission shall present to the Council and the European Parliament a report on the effect of the 5- year transition period afforded to the parties for bringing certain technical regulations on automotive products, set out in Appendix 2-C-2 and 2-C-3 of the Agreement, into compliance with international standards, reach a conclusion on the extent to which this extended period of transition will cause competitive harm to the Union automotive industry, and express an opinion on the desirability and the feasibility of accelerating compliance by both parties to a 1-year period.

2010/06/10
Committee: INTA

Gianluca SUSTA

Proposal for a regulation
Article 11 c (new)

Article 11c Availability of the European Globalization Adjustment Fund For the purposes of the Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund ("EGAF Regulation"), it shall be understood that: (a)"major structural changes in world trade patterns due to globalisation", as used in Article 1(1) of the EGAF Regulation shall include an increase in Korean imports to Europe, or failure to increase EU exports to Korea; (b) redundancies in the automotive industry: – have "significant adverse impact on the regional or local economy," and "serious impact on employment and the local economy", as used in, respectively, Articles 1(1) and 2(c) of the EGAF Regulation; and – are "exceptional circumstances" as used in Article 2(c) of the EFAF Regulation.

2010/06/10
Committee: INTA

Activities of Gianluca SUSTA related to 2010/0032(COD)

Plenary speeches (1)

Amendments (11)

ParlTrack - 2011-2024