Procedure : 2016/2667(RSP)
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Document selected : B8-0607/2016

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PV 12/05/2016 - 9.6
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See also joint motion for a resolution RC-B8-0607/2016

to wind up the debate on the statements by the Council and the Commission

pursuant to Rule 123(2) of the Rules of Procedure

on China’s market economy status (2016/2667(RSP))

Alexander Graf Lambsdorff, Marietje Schaake, Marielle de Sarnez, Dita Charanzová, Hannu Takkula, Johannes Cornelis van Baalen on behalf of the ALDE Group

European Parliament resolution on China’s market economy status (2016/2667(RSP))  

The European Parliament,

–  having regard to the EU’s anti-dumping legislation (Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community(1)) and to its anti-subsidy regulation (Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community(2)),

–  having regard to China’s Protocol of Accession to the World Trade Organisation (WTO), in particular Section 15 thereof,

–  having regard to its previous resolutions on EU-China trade relations,

–  having regard to the Commission communication of 10 October 2012 entitled ‘A Stronger European Industry for Growth and Economic Recovery’ (COM(2012)0582), which sets out the objectives of raising industry’s share of EU GDP to 20 % by 2020,

–  having regard to Rule 123(2) of its Rules of Procedure,

A.  whereas the European Union and China are two of the largest traders in the world, China being the EU’s second trading partner and the EU China’s leading trading partner, with a trade exchange standing at well over EUR 1 billion a day;

B.  whereas any decision on how to take account of the expiry of Section 15(a)(ii) of China’s WTO accession protocol and how to deal with illegally dumped imports from China after December 2016 must, as a key principle, ensure the compliance of EU law with WTO law;

C.  whereas, when China joined the WTO, a transitional arrangement for its accession allowed for a specific methodology for the calculation of dumping, which was introduced in Section 15 of the accession protocol and serves as a basis for treating Chinese imports differently;

D.  whereas China does not currently fulfil the EU’s criteria for granting market economy status and will certainly not fulfil them by the end of 2016;

E.  whereas an assessment must be made of the exact legal consequences arising from the expiry of Section 15(a)(ii) in terms of the current method used to determine the normal value of Chinese goods exported to the EU for the purposes of determining anti-dumping measures, and as regards the legal effect of the remaining parts of Section 15;

F.  whereas given the current level of influence of the state on the Chinese economy, companies’ decisions involving prices, costs, outputs and inputs often do not respond to market signals reflecting supply and demand;

G.  whereas a lack of transparency and cooperation often make it difficult for the EU to properly verify claims of price manipulation and government intervention in China’s industrial sector;

H.  whereas China’s overcapacity of production in some sectors depresses world prices and Chinese exports at such low prices have an impact on certain EU industries, as evidenced by the recent detrimental impact on the EU steel sector;

I.  whereas the recently launched public consultation and study on the consequences of possible changes to EU anti-dumping procedures concerning China could provide additional information which may be useful in addressing the issue;

1.  Reiterates the importance of the EU strategic partnership with China in which trade and investment play a central role, the importance of China in global value chains and the fact that many jobs in the EU depend on trade relations with China;

2.  Notes the expiry of Section 15(a)(ii) of China’s Protocol of Accession to the WTO on 11 December 2016; invites the Commission, as appropriate, to consider what legal changes may need to be made to take account of this expiry;

3.  Demands that any envisaged Commission proposal be firmly founded on the following four key principles:

•  The need to ensure that EU law remains fully compliant with the EU’s obligations stemming from WTO law and from the legal consequences of changes to certain parts of Section 15 of China’s accession protocol;

•  The need not only to take account of the specific legal effects of the expiry of Section 15(a)(ii) but also to ensure that correct legal interpretation is given to those sections of the Protocol which will remain in force after 11 December 2016;

•  The need to ensure that the EU, as a matter of critical and crucial importance, retains the full and continued ability to take timely, necessary and effective measures to tackle dumping practices, and to upgrade its ability to tackle subsidies and overcapacities by EU trading partners which result in injury to EU industry and ensure that EU companies continue to operate on a global level playing field;

•  That any legislative proposal be based on a careful and considered assessment of the impact of the legal aspects of any decision, and of the medium and long-term economic, social, industrial, political and strategic impacts that may arise as a consequence;

4.  Requests that such a reflection be without prejudice to the imminent need for the more general reform of the European Union’s trade defence instruments;

5.  Calls on the Commission to continue dialogue with all the EU’s industry sectors concerned, such as the steel, ceramics and paper industries, regarding the next steps to be taken;

6.  Urges the Commission to coordinate with its major trading partners, including in the context of the upcoming G7 summit, on the steps to be taken following the expiry of certain provisions of Section 15;

7.  Demands that no possible proposal be made by the Commission while Parliament is in recess;

8.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.


OJ L 343, 22.12.2009, p. 51.


OJ L 188, 18.7.2009, p. 93.

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