4 Amendments of Kathleen VAN BREMPT related to 2016/0351(COD)
Amendment 31 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted or established on any reasonable basis, including information from other representative markets or from international prices or benchmarks. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. It is especially the case in the absence of equivalent environmental and social standards or when overcapacities have an important impact on prices and costs. Overcapacities are defined when the commercial surpluses start being structural without any comparative advantage in the country, when domestic prices and export prices are lower than the prices on the world market or when investments in new production capacities are realised in discordance with a growing commercial surplus. Notes that trade unions can provide a specific insight in terms of health and safety conditions as well as environmental and social standards.
Amendment 43 #
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 domestic prices and costs in the exporting country due to the existence of significant distortions, 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 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. Indirect environmental costs such as CO2 emissions shall be taken into account and estimated as a rate of the total cost for the same amount in Europe; in case of no cooperation from the exporting country, the maximal cost will be applied. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits.
Amendment 49 #
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, when reported prices or costs, including the costs of raw materials and energy, are not the result of free market forces as they are affected by government intervention or as they are the result of social and environmental dumping. In considering whether or not 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, decision, 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; market share beyond 40% of the sector world market is held by the industry of the exporting country which could be a sign of abuse of a dominant position; 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; distortion in the operation of the privatised economy; lack of implementation of company law with adequate corporate governance rules; lack of effective legal framework for the conduct of business and non-proper functioning of a free-market economy including intellectual property rights or bankruptcy laws; lack of existence of a genuine financial sector by devaluation of the national currency and low social and environmental standards leading to unfair competition.
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EU) 2016/1036
Article 2 - paragraph 6 a - point b b (new)
Article 2 - paragraph 6 a - point b b (new)
(bb) Insists that the EU should impose stiffer duties on dumped or subsidised imported goods or put in place a border adjustment mechanism if the exporting third country which does not have a sufficient level of social and environmental standards assessed on the basis of environmental and labour rights conventions compared to what it is designed within the European Union.