[ParlTrack]

Proposal for a regulation
Recital 8

(8) Third countries increasingly interfere in trade of raw materials with a view to keeping raw materials in those countries for the benefit of domestic downstream users, for instance by imposing export taxes or operating dual pricing schemes. As a result, the costs of raw materials do not result from the operation of normal market forces reflecting supply and demand for a given raw material. Such interference creates additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, additional distortions of trade. In order to protect trade adequately, the lesser duty rule shall not apply in such cases of structural raw material distortions.deleted

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Recital 9

(9) 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.deleted

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

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

Regulation (EC) No 1225/2009
Article 7 – paragraph 2

(b) paragraph 2 is replaced by the following: ‘The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions 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.’deleted

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b

Regulation (EC) No 1225/2009
Article 9 – paragraph 4

(b) in paragraph 4, the last sentence is replaced by the following: ‘The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions 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.’deleted

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

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

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 3

~~(a) subparagraph 3 is replaced by the following: ‘The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established.’~~deleted

2013/12/20
Committee: INTA

Daniel CASPARY, Bendt BENDTSEN

Proposal for a regulation
Article 2 – paragraph 1 – point 5

Regulation (EC) No 597/2009
Article 15 – paragraph 1

~~5. In Article 15(1), the last subparagraph is replaced by the following: "The amount of the countervailing duty shall not exceed the amount of countervailable subsidies established."~~deleted

2013/12/20
Committee: INTA

6 Amendments of Bendt BENDTSEN related to 2013/0103(COD)

ParlTrack - 2011-2024