Activities of Marielle DE SARNEZ related to 2013/0103(COD)
Plenary speeches (1)
Protection against dumped and subsidised imports from countries not members of the EU (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community and Council Regulation (EC) No 597/2009 on protection against subsidised imports from countries not members of the European Community PDF (397 KB) DOC (526 KB)
Amendments (39)
Amendment 42 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 46 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 68 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 73 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Diverse and fragmented industrial sectors largely composed of small-and- medium-sized enterprises (SMEs) have difficulties to accede to trade-defence proceedings because of the complexity of the procedures and the high costs related thereto. The participation of SMEs should be improved by strengthening the role of the SME Help Desk, which should support SMEs in filing complaints and in reaching the necessary thresholds for investigations to be launched. Administrative procedures related to trade-defence proceedings should also be better adapted to SMEs constraints.
Amendment 78 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 83 #
Proposal for a regulation
Recital 18 a (new)
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.
Amendment 86 #
Proposal for a regulation
Article -1 (new)
Article -1 (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 4b
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.’
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 4 a (new)
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.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
-1. Third countries increasingly interfere in trade with a view to benefitting domestic producers, for instance by imposing export taxes or operating dual pricing schemes. Such interferences create additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to producers from third countries engaged in such practices, additional distortions of trade. Differences in the level of labour and environmental standards can also result in additional distortions of trade. Therefore, the lesser duty rule shall not apply in such cases, when the exporting country has an insufficient level of social and environmental standards. A sufficient level is defined by the ratification of core ILO Conventions and of Multilateral Environmental Agreements (MEAs) the EU is party to. Small-and-medium-sized enterprises (SMEs) particularly suffer from unfair competition because their small size prevents them from adapting thereto. Therefore, the lesser duty rule shall not apply when the complaint has been presented on behalf of a sector largely composed of SMEs. The lesser duty rule shall always apply, however, when structural raw material distortions are the result of a deliberate choice made by a least developed country to protect public interest.
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 1
Article 1 – paragraph 1
1a. Article 1(1) shall be replaced by the following: 1. An anti-dumping duty may be applied to any dumped product whose release for free circulation in the Community causes injury. The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. In Article 5, paragraph 1a is added: The Commission shall facilitate the participation of fragmented industrial sectors, largely composed of small-and- medium-sized enterprises, in anti- dumping proceedings through an SME Help Desk The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to file a complaint and how to better present evidence of dumping and injury, in particular through: (i) standard forms for statistics to be submitted for standing purposes and questionnaires, (ii) setting the investigation period to coincide, whenever possible, with the financial year; (iii) reducing the burden caused by language barriers. Furthermore, the Commission shall collect and provide SMEs with information on the evolution of the volume and value of imports of the product concerned, in case SMEs provide prima facie evidence of dumping.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 4 – subparagraph 2 (new)
Article 5 – paragraph 4 – subparagraph 2 (new)
1b. In Article 5(4), a new sub-paragraph is added: In the case of diverse and fragmented industrial sectors, largely composed of small-and-medium-sized enterprises, the Commission shall assist in reaching these thresholds through the support of the SME Help Desk.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 6
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.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point 1 (new)
Article 1 – paragraph 1 – point 2 – point 1 (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 10
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.
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9
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 yearmonths. 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.
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
(aa) Article 7(1) shall be replaced by the following: 1. Provisional duties mayshall 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 ninesix months from the initiation of the proceedings.
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distor, but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Community industry. 2b) Such a lesser duty shall not apply in any of the following circumstances: - structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry. ; - the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I; - the complainant represents a diverse and fragmented industry, largely composed of small-and-medium-sized enterprises; - the investigation or a separate anti- subsidy investigation has established at least provisionally that the exporting country provides one or more subsidies to exporting producers of the product concerned. 2 c) However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distor but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Community industry. 2 b) Such a lesser duty shall not apply in any of the following circumstances: - structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry; -the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I; - the complainant represents a diverse and fragmented industry, largely composed of small-and-medium-sized enterprises; - the investigation or a separate anti- subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned. 2 c) However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council.
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1225/2009
Article 11 – paragraph 2
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.’
Amendment 191 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1225/2009
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1225/2009
Article 14 – paragraph 6
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.’
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1225/2009
Article 19 a
Article 19 a
Amendment 215 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point 1 (new)
Article 1 – paragraph 1 – point 8 – point 1 (new)
Regulation (EC) No 1225/2009
Article 21
Article 21
1. Article 21 shall be replaced by the following: 1. Without prejudice to the priority given to the interests of the domestic industry affected by the unfair trade practice, a determination as to whether the CommunityUnion interest calls for intervention shall be based on an appreciation of all the various interests takenpresented as a whole, including the interests of the domestic industry and users and consumers, and a determination pursuant to this Article shall only be made where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade distorting effects of injurious dumping and to restore effective competition shall be given special consideration. Measures, as determined on the basis of the dumping and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Community interest to apply such measurUnion interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by dumped imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the CommunityUnion interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the anti-dumping investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information. 3. TOnly information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the CommunityUnion interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Article 9. 6. TOnly the parties which have acted in conformity with paragraph 2 may request the facts and considerations on which final decisions are likely to be taken to be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall only be taken into account for a determination of Union Interest under this paragraph when it is presented and where it is supported by actual evidence which substantiates its validity and is subsequently verified.
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1225/2009
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 219 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a
Article 1 – paragraph 1 – point 9 a
Regulation (EC) No 1225/2009
Article 22 – paragraph 2 (new)
Article 22 – paragraph 2 (new)
9a. In Article 22, the following new paragraph shall be added: Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures.
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 597/2009
Recital 9 a (new)
Recital 9 a (new)
-1. The following Recital 9a shall be inserted: "(9a) Within the Union, countervailable subsidies are in principle prohibited pursuant to Article 107 (1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorized by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country/countries engaged in subsidisation."
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point 1 (new)
Article 2 – paragraph 1 – point 1 – point 1 (new)
Regulation (EC) No 597/2009
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A countervailing duty may be imposed for the purpose of offsetting any subsidy granted, directly or indirectly, for the manufacture, production, export or transport of any product whose release for free circulation in the Community causes injury. The use of any subsidized products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. In Article 10, a new paragraph 1a is added: The Commission shall facilitate the participation of fragmented industrial sectors, largely composed of small-and- medium-sized enterprises, in anti-subsidy proceedings through an SME Help Desk The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to file a complaint and how to better present evidence of countervailable subsidies and injury, in particular through: (i) standard forms for statistics to be submitted for standing purposes and questionnaires, (ii) setting the investigation period to coincide, whenever possible, with the financial year; (iii) reducing the burden caused by language barriers. Furthermore, the Commission shall collect and provide SMEs with information on the evolution of the volume and value of imports of the product concerned, in case SMEs provide prima facie evidence of countervailable subsidies.
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 6 – subparagraph 2 (new)
Article 10 – paragraph 6 – subparagraph 2 (new)
1b. In Article 10(6), a new subparagraph is added: "In the case of diverse and fragmented industrial sectors, largely composed of small-and-medium-sized enterprises, the Commission shall assist in reaching these thresholds through the support of the SME Help Desk."
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 9
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 yearmonths. 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. ’
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11 (new)
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.
Amendment 274 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 301 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 597/2009
Article 24 – paragraph 6
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.’
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29b
Article 29b
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 – point 1 (new)
Article 2 – paragraph 1 – point 10 – point 1 (new)
Regulation (EC) No 597/2009
Article 33 – paragraph 2 (new)
Article 33 – paragraph 2 (new)
1a. In Article 33, the following new paragraph 2 shall be added: "Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures."