10 Amendments of Yannick JADOT related to 2016/0351(COD)
Amendment 16 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists 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, 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; 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. It is further appropriate to provide that the Commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. extent free market forces may be deemed to exist. Significant distortions for the product concerned are distortions that occur when reported prices or costs of one or more factors of production are not the result of free market forces as they are affected by government intervention or are significantly low due to the lack of compliance with core international social and environmental standards. It is appropriate to clarify that in considering whether or not such a situation exists regard should be had, inter alia, to the potential impact of the following: state- induced distortions in the operation of enterprises linked to privatization and the use of non-market trading or compensation system; a lack of transparent and non-discriminatory company law ensuring adequate corporate governance; the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which is operated independently from the state and which, in law and in practice, is subject to sufficient guarantee provisions and adequate supervision; the lack of ratification and of correct implementation of core International Labour Organisation (ILO) Conventions and of Multilateral Environmental Agreements (MEA) to which the Union is party, and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions. It is also appropriate to clarify that the existence of one or more significant distortions in the economy as a whole or in a sector of the economy of the exporting country should lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each factor of production in the construction of the normal value. In the event that an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted, such costs should be used in the construction of the normal value. It is further appropriate to provide that the Commission services should issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that Union industry and trade unions should be consulted during the drafting process; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The Commission should update that report every two years. Upon request of the European Parliament, Union industry or trade unions, or at the Commission's own initiative when the circumstances in a specific country or sector have changed, the Commission should also update the report. The Commission should include an analysis on the implementation and effect of this Regulation in its annual report on the Union's anti-dumping, anti-subsidy and safeguard activities and should present it to the European Parliament.
Amendment 37 #
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 orshould be 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.
Amendment 40 #
Proposal for a regulation
Recital 6
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a7 of Article 2, the reasonable period of time provided for in the first sub-paragraph of Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated. With a view to reducing the risk of circumvention of the provisions of this Regulation, the same approach should apply with respect to reviews conducted pursuant to Article 11(4) of Regulation (EU) 2016/1036. It is also appropriate to recall that a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a7 of Article 2 would not in itself constitute sufficient evidence within the meaning of Article 11(3) of Regulation (EU) 2016/1036. Such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
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 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 one or more significant distortions in the economy as a whole or in sectors therein, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production. 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. An appropriate representative country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available ast the exporting country, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profitstime of selection. The selected country shall also have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification by the third country of the MEAs and protocols to which the Union is party at any point in time and of the ILO Conventions listed in Annex -I. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. The existence of one or more significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each factor of production in the construction of the normal value. If an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted, those costs shall be used in the construction of the normal value. The reliability of the costs and prices of a given factor to be considered undistorted shall be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production.
Amendment 67 #
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, are not the result of free market forces as they are affected by government interventionare those distortions that occur when reported prices or costs of one or more factors of production are not the result of free market forces as they are affected by government intervention or are significantly low due to the lack of compliance with core international social and environmental standards. In considering whether or not significant distortions exist regard mayshall 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, 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; 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 objectivestate-induced distortions in the operation of enterprises linked to privatization and the use of non-market trading or compensation system; the lack of a transparent and non discriminatory company law which ensures adequate corporate governance; the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which is operated independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; the lack of implementation of MEAs to which the Union is party at any point in time and of the ILO Conventions listed in Annex -I, and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 86 #
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 c
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services mayshall issue a detailed report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been opened, the report shall be completed and published before the entry into force of this Regulation. Union industry and trade unions shall be consulted during the report drafting process. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into account all of the relevant evidence on the file. The Commission shall update the report every two years. The Commission shall also update the report upon request of the European Parliament, Union industry or trade unions, or at the Commission's own initiative when the circumstances in a specific country or sector have changed. The Commission shall include an analysis on the implementation of this Regulation in its annual report on the Union's anti- dumping, anti-subsidy and safeguard activities and shall present it to the European Parliament.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) of this paragraph for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the report shows the existence of one or more significant distortions, it shall constitute sufficient evidence to justify the calculation of the normal value pursuant to the methodology referred to in point (a) of this paragraph. In any event, no additional burdens shall be imposed upon the Union industry.
Amendment 112 #
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 e
Article 2 – paragraph 6a – point e
(e) The parties to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point (a) andAt the initiation of an investigation related to imports from a country or sector in which the Commission has indications of the possible existence of significant distortions, the Commission shall make a provisional determination as to the existence of significant distortions for that country or sectors and inform the parties to the investigation. The parties shall be given 10 days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19. The definitive determination shall be made by the Commission and communicated to the parties no later than two months following the initiation of the investigation.
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
An appropriate market economyrepresentative third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. AcThe selected country shall also be taken of time-limits; where appropriate, a market economhave a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification by thirdat country which is subject to the same investigation shall be usedof the MEAs and protocols thereunder to which the Union is party at any point in time and of the ILO Conventions listed in Annex -I.
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2016/1036
Annex – I a (new)
Annex – I a (new)
(5a) The following Annex is inserted: "Annex -I Conventions referred to in point (b) of Article 2 (7) and in Article 2 (8): 1. Convention concerning Forced or Compulsory Labour, No 29 (1930) 2. Convention concerning Freedom of Association and Protection of the Right to Organise, No 87 (1948) 3. Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively, No 98 (1949) 4. Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value, No 100 (1951) 5. Convention concerning the Abolition of Forced Labour, No 105 (1957) 6. Convention concerning Discrimination in Respect of Employment and Occupation, No 111 (1958) 7. Convention concerning Minimum Age for Admission to Employment, No 138 (1973) 8. Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, No 182 (1999)."