[ParlTrack]

Marielle DE SARNEZ, Yannick JADOT, Andrea COZZOLINO, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Recital 4

(4) In order to improve transparency and predictability of anti-dumping and anti- subsidy investigations, the parties affected by the imposition of provisional anti- dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-imposition.deleted

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Andrea COZZOLINO, Yannick JADOT, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Recital 5

(5) A short period of time in advance of the imposition of provisional measures should be allowed for exporters or producers to check the calculation of their individual dumping or subsidy margin. Calculation errors could then be corrected in advance of the imposition of measures.deleted

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Metin KAZAK

Proposal for a regulation
Recital 18 a (new)

(18a) Any draft guidelines should consist of a non-binding and non-legislative text that has the sole purpose of clarifying and supporting the existing practice of the Commission in conducting its anti-dumping and anti-subsidy proceedings. The aim of a guideline should be, in particular, to inform interested parties on the calculation of dumping and injury margins, on how the Union interest is taken into account, how the analogue country is determined, expiry reviews or any other information which may be considered useful to them.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Andrea COZZOLINO, Tokia SAÏFI, Niccolò RINALDI, Metin KAZAK

Proposal for a regulation
Article -1 (new)

Regulation (EC) No 1225/2009
Article 1 – paragraph 4b

The following Article is added: ‘Article -1 For the purpose of this Regulation, it shall be understood that a raw material is the input of a given product which has a significant impact on its cost of production.’

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Nora BERRA, Andrea COZZOLINO, Tokia SAÏFI, Metin KAZAK, Niccolò RINALDI

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

Regulation (EC) No 1225/2009
Article 1 – paragraph 4 a (new)

4a. A raw material shall be considered to be subject to structural distortion when its price is not solely the result of a normal operation of market forces reflecting supply and demand. Such distortions are the outcome of interference from third countries, which includes, inter alia, export taxes, export restrictions and dual pricing schemes.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Andrea COZZOLINO, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1225/2009
Article 5 – paragraph 6

(1a) In Article 5, paragraph 6 is replaced by the following: 6. If, in special circumstances, in particular in cases in which the industry sectors concerned consist largely of SMEs and are typically extremely diverse and fragmented, it is decided to initiate an investigation without having received a written complaint by or on behalf of the Community industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Tokia SAÏFI, Niccolò RINALDI, Metin KAZAK

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point 1 (new)

Regulation (EC) No 1225/2009
Article 6 – paragraph 10

Upon request, SMEs may obtain questionnaires translated into their own language. In this regard, the Commission shall duly inform them of this option when initiating its investigation.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Yannick JADOT, Andrea COZZOLINO, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1225/2009
Article 6 – paragraph 9

2a. In Article 6, paragraph 9 is replaced by the following: 9. For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, be concluded within onine ~~year~~months. In any event, such investigations shall in all cases be concluded within 152 months of initiation, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Yannick JADOT, Andrea COZZOLINO, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1225/2009
Article 7 – paragraph 1

a) in paragraph 1, the following sentence is added: 'Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.'deleted

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Yannick JADOT, Andrea COZZOLINO, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)

Regulation (EC) No 1225/2009
Article 7 – paragraph 1

(aa) Article 7(1) shall be replaced by the following: 1. Provisional duties ~~may~~shall be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the Community industry, and if the Community interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~six months from the initiation of the proceedings.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Niccolò RINALDI, Metin KAZAK, Tokia SAÏFI

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1225/2009
Article 11 – paragraph 2

5a. In Article 11, paragraph 2 is replaced by the following: ‘2. A definitive anti-dumping measure shall expire five years from its imposition or five years from the date of the conclusion of the most recent review which has covered both dumping and injury, unless it is determined in a review that the expiry would be likely to lead to a continuation or recurrence of dumping and injury. Such an expiry review shall be initiated on the initiative of the Commission, or upon request made by or on behalf of Community producers, and the measure shall remain in force pending the outcome of such review. An expiry review shall be initiated where the request contains sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Such likelihood may, for example, be indicated by evidence of continued dumping and injury or evidence that the removal of injury is partly or solely due to the existence of measures or evidence that the circumstances of the exporters, or market conditions, are such that they would indicate the likelihood of further injurious dumping. Such likelihood may also be indicated by continuing interference by other countries. In carrying out investigations under this paragraph, the exporters, importers, the representatives of the exporting country and the Community producers shall be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request, and conclusions shall be reached with due account taken of all relevant and duly documented evidence presented in relation to the question as to whether the expiry of measures would be likely, or unlikely, to lead to the continuation or recurrence of dumping and injury. A notice of impending expiry shall be published in the Official Journal of the European Union at an appropriate time in the final year of the period of application of the measures as defined in this paragraph. Thereafter, the Community producers shall, no later than three months before the end of the five-year period, be entitled to lodge a review request in accordance with the second subparagraph. A notice announcing the actual expiry of measures pursuant to this paragraph shall also be published.’

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Tokia SAÏFI, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1225/2009
Article 14 – paragraph 6

6a. In Article 14, paragraph 6 is replaced by the following: ‘6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after receiving the opinion of the Advisory Committee, decide to provide them with information concerning the volume and import values of these products.’

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Tokia SAÏFI, Metin KAZAK, Niccolò RINALDI, Andrea COZZOLINO, Yannick JADOT

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1225/2009
Article 19 a

8. After Article 19, the following Article is inserted: ‘Article 19 a Information about provisional measures 1. The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include: a) a summary of the proposed duties for information purposes only, and b) details of the calculation of the dumping margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 19. Parties shall have a period of three working days to provide comments on the accuracy of the calculations. 2. In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties.'deleted

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Metin KAZAK, Niccolò RINALDI, Andrea COZZOLINO

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 597/2009
Article 10 – paragraph 8

~~8. If, in special circumstances, the Commission~~1a. In Article 10, paragraph 8 is replaced by the following: ‘8. If, in special circumstances, in particular in cases in which the industry sectors concerned are typically extremely diverse and fragmented and consist largely of SMEs, the authorities decides to initiate an investigation without having received a written complaint by or on behalf of the Community industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of ~~countervailable subsidies~~dumping, injury and causal link, as described in paragraph 2, to justify such initiation’.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Andrea COZZOLINO, Yannick JADOT, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)

Regulation (EC) No 597/2009
Article 11 – paragraph 9

2a. In Article 11, paragraph 9 is replaced by the following: ‘9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within onine ~~year~~months. In any event, such investigations shall in all cases be concluded within 130 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action. ’

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Tokia SAÏFI, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)

Regulation (EC) No 597/2009
Article 11 – paragraph 11 (new)

2b. Upon request, SMEs may obtain questionnaires translated into their own language. In this regard, the Commission shall duly inform them of this option when initiating its investigation.

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Yannick JADOT, Andrea COZZOLINO, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b

b) the following subparagraph is added at the end: 'Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.'deleted

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Yannick JADOT, Andrea COZZOLINO, Metin KAZAK, Niccolò RINALDI

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2

’’3a. In Article 12(1), the second sub- paragraph is replaced by the following: ‘The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~six months from the initiation of the proceedings.’

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Niccolò RINALDI, Metin KAZAK, Tokia SAÏFI

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)

Regulation (EC) No 597/2009
Article 24 – paragraph 6

7a. Article 24(6) shall be replaced by the following: ‘6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after consulting the Advisory Committee, take decide to inform the interested parties about the volume and import values of these products.’

2013/12/20
Committee: INTA

Marielle DE SARNEZ, Tokia SAÏFI, Niccolò RINALDI, Metin KAZAK, Yannick JADOT, Andrea COZZOLINO

Proposal for a regulation
Article 2 – paragraph 1 – point 9

Regulation (EC) No 597/2009
Article 29b

9. After Article 29, the following Article is inserted: Article 29 b Information about provisional measures 1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties. Such information shall include: a) a summary of the proposed duties for information purposes only, and b) details of the calculation of the subsidy margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 29. Parties shall have a period of three working days to provide comments on the accuracy of the calculations. 2. In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.'deleted

2013/12/20
Committee: INTA

20 Amendments of Metin KAZAK related to 2013/0103(COD)

ParlTrack - 2011-2024