European Parliament
2014-2019
Committee on Industry, Research and Energy
2016/0351(COD)
2.2.2017
DRAFT OPINION
of the Committee on Industry, Research and Energy
for the Committee on International Trade
on the proposal for a regulation of the European Parliament and of the Council
amending Regulation (EU) 2016/1036 on protection against dumped imports
from countries not members of the European Union and Regulation (EU)
2016/1037 on protection against subsidised imports from countries not
members of the European Union
(COM(2016)0721 – C8-0456/2016 – 2016/0351(COD))
Rapporteur: Paloma López Bermejo
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SHORT JUSTIFICATION
Industry is fundamental in creating a robust productive structure, ensuring balanced growth
and in fostering quality employment. Yet, only a fair and robust international trade system can
deliver on the environmental and socio-economic challenges currently facing industry and the
world economy.
We require a balanced approach to trade that benefits both the EU and its trading partners,
upholding the standards underpinning our social and environmental model. Hence, the EU has
to adapt its instruments to fight dumping both in relation to market-economy and non-market
economy countries within the WTO and in relation to other countries: only if we use trade as
a vehicle to promote fair standards for industry and to cooperate at a global level, will we also
be able to improve the relationships between our economies and our societies.
AMENDMENTS
The Committee on Industry, Research and Energy calls on the Committee on International
Trade, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 2
Text proposed by the Commission
Amendment
(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 Regulation. 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
(2)
In view of developments in world
trade, concerning also Members of the
WTO, including their effects on domestic
industry, it is appropriate to determine
normal value 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 Regulation.
In the case of non-market-economy
countries which are Members of the WTO
or that, at the date of initiation, are 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.
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establishing whether or not any WTO
Member is a market economy.
__________________
__________________
2
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).
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).
Or. en
Justification
The rapporteur maintains an explicit reference to market or non-market economy status for
WTO Members, as provided for instance by Article 15.d of the Protocol of Accession of China
to the WTO.
Amendment 2
Proposal for a regulation
Recital 3
Text proposed by the Commission
Amendment
(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
(3)
In the light of experience gained in
past proceedings, it is appropriate to clarify
the circumstances in which significant
distortions affecting costs or prices 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 or energy, are not the
result of free market forces because they
are affected by unfair government
intervention, including low environmental,
social and tax standards. 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: there are
significant differences in the
environmental performance of
production, such as with regard to carbon
emissions, or in labour standards,
including as a result of non-ratification or
non-implementation of Core ILO
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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.
conventions, or corporate tax standards,
including low levels of taxation and lack
of transparency; and state interference
with respect to export prices or costs. It is
further appropriate to provide that the
Commission services 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 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.
Or. en
Justification
The rapporteur considers that low environmental, social or tax standards are also the basis of
price distortions -and thus, a cause of dumping. She also believes that state interference
should be determined through its effects on export prices or costs.
Amendment 3
Proposal for a regulation
Recital 4
Text proposed by the Commission
Amendment
(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
(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
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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.
the provisions introduced by this
regulation, due account should be taken of
all relevant evidence, including any
relevant assessment reports regarding the
circumstances prevailing on the domestic
market, including environmental and
taxation standards and working
conditions 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.
Or. en
Justification
All relevant assessments that could inform anti-dumping investigations should be included.
Amendment 4
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
Text proposed by the Commission
Amendment
(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 intervention. 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, 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
(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 or energy, are not
the result of free market forces as they are
affected by government intervention. 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, 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;
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to finance granted by institutions
implementing public policy objectives.
and access to finance granted by
institutions implementing public policy
objectives.
Or. en
Justification
The level of energy prices is a core issue for dumping calculations, as it could strongly distort
prices in energy-intensive sectors.
Amendment 5
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
Text proposed by the Commission
Amendment
(c)
When appropriate, the Commission
services may issue a report describing the
specific situation concerning the criteria
listed in point (b) in a certain country or a
certain sector. 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.
(c)
When appropriate, the Commission
services shall issue a public report
describing the specific situation concerning
the criteria listed in point (b) in a certain
country or a certain sector. That report
shall also include data on lack of respect
for internationally-recognised standards
on taxation, labour and the environment
that may unduly reduce the cost of
production, as well as other, unjustified
low tax arrangements or environmental or
labour costs. 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.
Or. en
Justification
The report needs to be public and contain all relevant information for dumping calculations
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and to ensure transparency and accountability to stakeholders and the public.
Amendment 6
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – introductory part
Text proposed by the Commission
Amendment
(2)
In Article 2, paragraph 7 is replaced
by the following:
(2)
In Article 2, point (a) of paragraph
7 is replaced by the following:
Or. en
Justification
The Rapporteur maintains an explicit reference to market or non-market economy status for
WTO Members, as provided for instance by Article 15.d of the Protocol of Accession of China
to the WTO.
Amendment 7
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation 2016/1036
Article 2 – paragraph 7 – point a – subparagraph 1
Text proposed by the Commission
Amendment
In the case of imports from countries which
are, at the date of initiation, not members
of the WTO and listed in Annex I of
Regulation (EU) 2015/755, normal value
shall be determined on the basis of the
price or constructed value in a market
economy third country, or the price from
such a third country to other countries,
including the Union, or where those are not
possible, on any other reasonable basis,
including the price actually paid or payable
in the Union for the like product, duly
adjusted if necessary to include a
reasonable profit margin.
'In the case of imports from non-marketeconomy countries which are members of
the WTO or which, at the date of initiation,
are not members of the WTO and listed in
Annex I of Regulation (EU) 2015/755,
normal value shall be determined on the
basis of the price or constructed value in a
market economy third country, or the price
from such a third country to other
countries, including the Union, or where
those are not possible, on any other
reasonable basis, including the price
actually paid or payable in the Union for
the like product, duly adjusted if necessary
to include a reasonable profit margin.
Or. en
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Justification
The Rapporteur maintains an explicit reference to market or non-market economy status for
WTO Members, as provided for instance by Article 15.d of the Protocol of Accession of China
to the WTO
Amendment 8
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation 2016/1036
Article 2 – paragraph 7 – point b
Present text
Amendment
(2a) In Article 2, point (b) of paragraph
7 is replaced by the following:
‘(b)
In anti-dumping investigations
concerning imports from the People's
Republic of China, Vietnam and
Kazakhstan and any non-market-economy
country which is a member of the WTO at
the date of the initiation of the
investigation, the normal value shall be
determined in accordance with paragraphs
1 to 6, if it is shown, on the basis of
properly substantiated claims by one or
more producers subject to the investigation
and in accordance with the criteria and
procedures set out in point (c), that marketeconomy conditions prevail for this
producer or producers in respect of the
manufacture and sale of the like product
concerned. When that is not the case, the
rules set out under point (a) shall apply.’
'(b)
In anti-dumping investigations
concerning any non-market-economy
country which is a member of the WTO at
the date of the initiation of the
investigation, the normal value shall be
determined in accordance to paragraphs 1
to 6a, if it is shown, on the basis of
properly substantiated claims by one or
more producers subject to the investigation
and in accordance with the criteria and
procedures set out in point (c), that marketeconomy conditions prevail for this
producer or producers in respect of the
manufacture and sale of the like product
concerned. When that is not the case, the
rules set out under point (a) shall apply'.
Or. en
Justification
The Rapporteur maintains an explicit reference to market or non-market economy status for
WTO Members, as provided for instance by Article 15.d of the Protocol of Accession of China
to the WTO.
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Amendment 9
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation 2016/1036
Article 11 – paragraph 3 – subparagraph 1a
Text proposed by the Commission
Amendment
In the case of a transition from a normal
value calculated pursuant to the former
Articles 2(7)(a) or 2(7)(b) to a normal
value calculated pursuant to paragraphs 1
to 6a of Article 2, the reasonable period of
time shall be deemed to elapse on the date
on which the first expiry review following
such transition is initiated.
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 6a of
Article 2, the reasonable period of time
shall be deemed to elapse on the date on
which the first expiry review following
such transition is initiated.
Or. en
Justification
In the Rapporteur’s proposal, old Articles 7(a) and 7(b) -as amended- remain part of the new
Regulation.
Amendment 10
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation 2016/1036
Article 11 – paragraph 4 –subparagraph 4a
Text proposed by the Commission
Amendment
In the case of a transition from a normal
value calculated pursuant to the former
Articles 2(7)(a) or 2(7)(b) to a normal
value calculated pursuant to paragraphs 1
to 6a of Article 2, any review pursuant to
this paragraph shall be deferred to the date
on which the first expiry review following
such transition is initiated.
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 6a of
Article 2, any review pursuant to this
paragraph shall be deferred to the date on
which the first expiry review following
such transition is initiated.
Or. en
Justification
In the Rapporteur’s, old Articles 7(a) and 7(b) -as amended- remain part of the new
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Regulation.
Amendment 11
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Regulation 2016/1036
Article 21 – paragraph 1
Present text
Amendment
(5a) In Article 21, paragraph 1 is
replaced by the following:
‘1.
A determination as to whether the
Union's interest calls for intervention shall
be based on an appreciation of all the
various interests taken as a whole,
including the interests of the domestic
industry and users and consumers. 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 Union's interest to apply such
measures.’
‘1.
A determination as to whether the
Union's interest calls for intervention shall
be based on an appreciation of all the
various interests taken as a whole,
including the interests of the domestic
industry, workers and users and
consumers. 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 Union's interest to apply such
measures.’
Or. en
Justification
Workers' representatives should be considered a legitimately interested party.
Amendment 12
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Regulation 2016/1036
Article 21 – paragraph 1
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Present text
Amendment
(5b) In Article 21, paragraph 2 is
replaced by the following:
‘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 Union's 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.’
‘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 Union's interest, the
complainants, importers and their
representative associations, representative
trade unions, 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 shall be made available
to the other parties specified in this Article,
and they shall be entitled to respond to
such information.’
Or. en
Justification
Workers' representatives should be considered a legitimately interested party.
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