Activities of Jarosław WAŁĘSA related to 2016/0351(COD)
Plenary speeches (1)
Protection against dumped and subsidised imports from countries not members of the EU (debate)
Amendments (7)
Amendment 8 #
Proposal for a regulation
Recital 2
Recital 2
(2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Members of the WTO, it is appropriate that, for those countries, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036, with effect from the date on which this Regulation enters into force, and subject to the provisions of this RegulationFor countries that are Members of the WTO, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036. In the case of countries which are, at the date of initiation, not Members of the WTO and listed in Annex I of Regulation (EU) 2015/7552 , norma1 value should be determined on the basis of paragraph 7 of Article 2 of Regulation (EU) 2016/1036, as amended by this Regulation. This Regulation should be without prejudice to establishing whether or not any WTO Member is a market economy. _________________ 2 Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
Amendment 17 #
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 and other factors of production, are not the result of free market forces because they are affected by other forces such as government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists, monopoly or oligopoly and others, creating a particular market situation that does not allow for proper comparison of export prices to domestic prices and costs. It is further appropriate to clarify that when assessing the existence of significant distortions, regard mayshould 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 - directly or indirectly - under the ownership, control or policy supervision or guidance of the authorities of the exporting country; direct or indirect state presence in firmenterprises allowing the state to interfere with respect to prices or costprices, costs, or other commercial decisions of such enterprises; public policies or measures discriminating in favour of certain or all domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives, including by way of sectoral subsidies or the existence of oligopoly or monopoly in the raw material or factors of production market, and any other circumstances the Commission considers appropriate in order to evaluate the existence of significant distortions. 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 s. All interested parties, including Union industry, and foreign exporters from, and the government of, country concerned should 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; 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. In accordance with its role, the European Parliament should monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission should update the report. In any event, the European Commission should carry out a review of the report every two years. The report should not be binding, but the Commission should duly explain its reasoning in respect of found distortions and the methodology used, when imposing measures.
Amendment 35 #
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, including the Union, 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 56 #
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 a sector or sectors therein, 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. The constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits.
Amendment 64 #
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 other factors of production, are not the result of free market forces as they are affected by government intervention. In considering whether or notother factors, such as government intervention, monopoly or oligopoly and others, creating a particular market situation that does not permit a proper comparison between export prices and domestic prices and costs . When assessing the existence of 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 - directly or indirectly - under the ownership, control or policy supervision or guidance of the authorities of the exporting country; direct or indirect state presence in firmenterprises allowing the state to interfere with respect to prices or cost, costs, or other commercial decisions of such enterprises; public policies or measures discriminating in favour of one or more domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives, including by sectoral subsidies, or the existence of an oligopoly or monopoly in the raw material or factors of production market and other circumstances the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 79 #
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 a (new)
Article 2 – paragraph 6a – point b a (new)
(ba) When determining the significance of distortions identified in point (a), the Commission shall consider, inter alia, the share that such distorted prices and costs have in the total cost of production of the product concerned and the advantage they confer on exporters of the product concerned, when compared to undistorted prices and costs.
Amendment 84 #
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, the Commission services mayshall issue a 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 there is a substantial number of anti-dumping investigations, the report shall be completed and adopted before the entry into force of this Regulation. All interested parties, including Union industry, and foreign exporters from, and the government of, the exporting country concerned 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 report shall not be binding and the determinations made shall take into account all of the relevant evidence on the file. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission shall update the report. In any event, the Commission should carry out a review of the report every two years. The report shall not be binding, but the Commission shall duly explain its reasoning in respect of found distortions and the methodology used, when imposing measures.