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Procedure : 2013/0103(COD)
Document stages in plenary
Document selected : A7-0053/2014

Texts tabled :

A7-0053/2014

Debates :

PV 04/02/2014 - 14
CRE 04/02/2014 - 14

Votes :

PV 05/02/2014 - 9.13
CRE 05/02/2014 - 9.13
PV 16/04/2014 - 7.25

Texts adopted :

P7_TA(2014)0420

Texts adopted
PDF 425kWORD 131k
Wednesday, 16 April 2014 - Strasbourg Final edition
Protection against dumped and subsidised imports from countries not members of the EU ***I
P7_TA(2014)0420A7-0053/2014
Resolution
 Consolidated text

European Parliament legislative resolution of 16 April 2014 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community and Council Regulation (EC) No 597/2009 on protection against subsidised imports from countries not members of the European Community (COM(2013)0192 – C7-0097/2013 – 2013/0103(COD)) (Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0192),

–  having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0097/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade (A7-0053/2014),

1.  Adopts as its position at first reading hereinafter set out(1) ;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) On the basis of the amendments adopted on 5 February 2014 (texts adopted, P7_TA(2014)0082).


Position of the European Parliament adopted at first reading on 16 April 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community and Council Regulation (EC) No 597/2009 on protection against subsidised imports from countries not members of the European Community
P7_TC1-COD(2013)0103

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1) ,

Whereas:

(1)  The common rules for protection against dumped and subsidised imports from countries which are not members of the European Union are contained in Council Regulation (EC) No 1225/2009(2) and Council Regulation (EC) No 597/2009(3) respectively (hereinafter jointly referred to as the 'Regulations'). The Regulations were initially adopted in 1995 following the conclusion of the Uruguay Round. Given that a number of amendments were made to the Regulations since then, the Council decided in 2009 to codify the Regulations in the interest of clarity and rationality.

(2)  While the Regulations have been amended, there has not been a fundamental review of their functioning since 1995. As a result, the Commission launched a review of the Regulations in 2011 in order to, inter alia, better reflect the needs of business at the beginning of the 21st century.

(3)  Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation by third countries , improve effectiveness and enforcement and optimise review practice. In addition, certain practices that in recent years have been applied in the context of anti-dumping and anti-subsidy investigations should be included in the Regulations. [Am. 1]

(4)  In order to improve transparency and predictability of anti-dumping and anti-subsidy investigations, the parties affected by the imposition of provisional anti-dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-imposition. [Am. 2]

(5)  A short period of time in advance of the imposition of provisional measures should be allowed for exporters or producers to check the calculation of their individual dumping or subsidy margin. Calculation errors could then be corrected in advance of the imposition of measures. [Am. 95]

(6)  In order to ensure effective measures to fight against retaliation, Union producers should be able to rely on the Regulations without fear of retaliation by third parties. Existing provisions, under special circumstances, in particular where diverse and fragmented sectors largely composed of small and medium-sized enterprises (SMEs) are concerned, provide for the initiation of an investigation without having received a complaint, where sufficient evidence of the existence of dumping, countervailable subsidies, injury and causal link exists. Such special circumstances should include threat of retaliation from third countries . [Am. 3]

(7)  When an investigation is not initiated by a complaint, an obligation a request for cooperation should be imposed on made to Union producers to provide the necessary information in order for the investigation to proceed, in order to ensure that sufficient information is available for carrying out the investigation in case of such threats of retaliation. Small-sized enterprises and microenterprises should be exempt from that obligation in order to spare them from unreasonable administrative burden and costs. [Am. 4]

(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.

(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 authorised 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.

(10)  In order to optimise the review practice, duties collected during the investigation should be reimbursed to importers, where measures are not prolonged after the conclusion of an expiry review investigation. This is appropriate given that the conditions required for the continuation of the measures have not been found to exist during the investigation period. [Am. 5]

(11)  Certain practices which in recent years have been applied in the context of anti-dumping and anti-subsidy investigations should be included in the Regulations.

(11a)  Any document aimed at clarifying the established practices of the Commission with regard to the application of this Regulation (including the four draft guidelines on the selection of analogue country, on expiry reviews and the duration of measures, on the injury margin and on the Union interest) should be adopted by the Commission only after the entry into force of this Regulation and proper consultation of the European Parliament and of the Council and should then fully reflect the content of this Regulation. [Am. 6]

(11b)  The Union is not party to ILO Conventions, but its Member States are. For the time being, only "core" ILO Conventions have been ratified by all Union Member States. In order to keep the definition of sufficient level of social standards based on ILO Conventions listed in Annex Ia to Regulation (EU) No 1225/2009 up to date, the Commission will, by means of delegated acts, update that Annex, as soon as Union Member States have ratified other ILO "priority" Conventions. [Am. 7]

(12)  The Union industry should no longer be defined by reference to the initiation thresholds set out in the Regulations.

(12a)  Diverse and fragmented sectors largely composed of SMEs have difficulties in acceding to trade defence proceedings due to the complexity of the procedures and the high costs related thereto. SMEs’ access to the instrument should be facilitated by strengthening the role of the SME Help Desk, which should support SMEs in filing complaints and in reaching the necessary thresholds for investigations to be launched. Administrative procedures relating to trade defence proceedings should also be better adapted to SMEs' constraints. [Am. 8]

(12b)  In anti-dumping cases, the duration of investigations should be limited to nine months and those investigations should be concluded within 12 months of initiation of the proceedings. In anti-subsidy cases, the duration of investigations should be limited to nine months and those investigations should be concluded within 10 months of initiation of the proceedings. In any event, the provisional duties should be imposed only during a period commencing 60 days after the initiation of the proceedings until six months after the initiation of the proceedings. [Am. 9]

(12c)  Non-confidential elements of undertakings submitted to the Commission should be better disclosed to the interested parties, the European Parliament and the Council. The Commission should be obliged to consult Union industry before accepting any offer of undertaking. [Am. 10]

(13)  In initial investigations where dumping or subsidy margins have been found to be less than the de minimis thresholds, the investigation should be immediately terminated in relation to exporters that will not be subject to subsequent review investigations.

(14)  In the framework of anti-dumping and anti-subsidy review investigations, it seems appropriate to be able to change methodology as compared to the investigation that led to the imposition of the measure in order to ensure that, inter alia, coherent methodologies are used across different investigations at a given point in time. This will allow, in particular, scope to change methodologies which are revised over time as situations change.

(15)  When the conditions are met for initiating an anti-circumvention investigation, imports should in all cases be made subject to registration.

(16)  In anti-circumvention investigations, it seems advisable to remove the condition that, in order to be granted an exemption from registration or extended duties, producers of the product concerned should not be related to any producer subject to the original measures. This is because experience shows that sometimes producers of the product concerned are found not to be engaged in circumvention practices but are found to be related to a producer subject to the original measures. In such cases the producer should not be denied an exemption merely on the grounds that the company is related to a producer subject to the original measures. Also, when the circumvention practice takes place in the Union, the fact that importers are related to producers subject to the measures should not be decisive in determining whether the importer may be granted an exemption.

(17)  Where the number of producers in the Union is so large that resort must be made to sampling, a sample of producers should be chosen from among all producers in the Union and not just from among producers lodging the complaint.

(18)  In making the Union interest assessment, the opportunity to provide comments should be given to all producers in the Union and not just those producers lodging the complaint. [Am. 93]

(18a)  The annual report by the Commission to the European Parliament and the Council on its implementation of Regulation (EC) No 1225/2009 and Regulation (EC) No 597/2009 allows a regular and timely monitoring of the trade defence instruments as part of the establishment of a structured interinstitutional dialogue on that issue. The public release of that report, six months after presentation to the European Parliament and the Council, ensures the transparency of the trade defence instruments for stakeholders and the public. [Am. 11]

(18b)  The Commission should ensure greater transparency with regard to proceedings, internal procedures and outcomes of investigations, and all non-confidential files should be made accessible to interested parties through a web-based platform. [Am. 12]

(18c)  The Commission should inform the European Parliament and the Council of the initiation of any investigations and of developments relating to those investigations on a regular basis. [Am. 13]

(18d)  Where the number of producers in the Union is so large that resort must be made to sampling, the Commission should, when choosing a sample of producers, fully take into account the proportion of SMEs in the sample, in particular in the case of diverse and fragmented industry sectors largely composed of SMEs. [Am. 14]

(18e)  In order to improve the effectiveness of trade defence instruments, trade unions should be allowed to submit written complaints jointly with the Union industry. [Am. 92]

(19)  Regulation (EC) No 1225/2009 and Regulation (EC) No 597/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1225/2009 is amended as follows:

-1. The title is replaced by the following: "

"Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Union"; [Am. 15]

"

-1a. The following recital is inserted: "

"(11a) Third countries increasingly interfere in trade with a view to benefitting domestic producers, for instance by imposing export taxes or operating dual pricing schemes. Such interference creates additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to producers from third countries engaged in such practices, additional distortions of trade. Differences in the level of labour and environmental standards can also result in additional distortions of trade. Therefore, the lesser duty rule should not apply in such cases, when the exporting country has an insufficient level of social and environmental standards. A sufficient level is defined by the ratification of core International Labour Organisation (ILO) Conventions and of Multilateral Environmental Agreements (MEAs) to which the Union is party. Small and medium-sized enterprises (SMEs) particularly suffer from unfair competition because their small size prevents them from adapting to it. Therefore, the lesser duty rule should not apply when the complaint has been presented on behalf of a sector largely composed of SMEs. The lesser duty rule should always apply, however, when structural raw material distortions are the result of a deliberate choice made by a least developed country to protect the public interest."; [Am. 16]

"

-1b. In Article 1(1), the following subparagraph is added: "

"The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under this Regulation and shall be charged to duty accordingly, when causing injury to the Union industry."; [Am. 17]

"

-1c. In Article 1, the following paragraph is added: "

"4a. For the purpose of this Regulation, it shall be understood that a raw material is the input of a given product which has a significant impact on its cost of production."; [Am. 18]

"

-1d. In Article 1, the following paragraph is added: "

"4b. A raw material shall be considered to be subject to structural distortion when its price is not solely the result of a normal operation of market forces reflecting supply and demand. Such distortions are the outcome of interference from third countries, which includes, inter alia, export taxes, export restrictions and dual pricing schemes."; [Am. 19]

"

-1e. In Article 2(7)(a), the second subparagraph is replaced by the following: "

"An appropriate market economy 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. The selected country shall also have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification and effective implementation by the third country of the MEAs, and protocols thereunder, the Union is party to at any point in time and of ILO Conventions listed in Annex Ia. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used."; [Ams. 70 and 86]

"

1.  In Article 4(1), the introductory wording is replaced by the following:"

"1. For the purposes of this Regulation, the term ‘Union industry’ shall be interpreted as referring to the Union producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total Union production of those products, except that:";

"

1a.  In Article 5(1), the first subparagraph is replaced by the following: "

"Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Union industry. Complaints may also be submitted jointly by the Union industry, or by any natural or legal person or any association not having legal personality acting on behalf thereof, and trade unions."; [Ams. 87 and 90]

"

1b.  In Article 5, the following paragraph is inserted: "

"1a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of SMEs, in the context of anti-dumping cases, through an SME Help Desk.

The SME Help Desk shall raise awareness of the instrument, provide information and explanations on cases, how to file a complaint and how to better present evidence of dumping and injury.

The SME Help Desk shall make available standard forms for statistics to be submitted for standing purposes and questionnaires.

After the initiation of an investigation, the SME Help Desk shall inform SMEs and their relevant associations likely to be affected by the initiation of proceedings and the relevant deadlines for registering as an interested party.

The SME Help Desk shall assist in addressing questions regarding the completion of questionnaires, where special attention shall be given to queries of SMEs as regards investigations initiated under Article 5(6). To the extent possible, it shall assist in reducing the burden caused by language barriers.

In the event that SMEs provide prima facie evidence of dumping, the SME Help Desk shall provide SMEs with information on the evolution of the volume and value of imports of the product concerned in accordance with Article 14(6).

The SME Help Desk shall also provide guidance on additional methods of contact and liaison with the Hearing Officer and national customs authorities. The SME Help Desk shall also inform SMEs on the possibilities and conditions under which they can request a review of the measures and refund of the anti-dumping duties paid."; [Am. 20]

"

1c.  In Article 5(4), the following subparagraph is added: "

"In the case of diverse and fragmented industrial sectors, largely composed of SMEs, the Commission shall assist in reaching those thresholds through the support of the SME Help Desk."; [Am. 21]

"

1d.  In Article 5, paragraph 6 is replaced by the following: "

"6. If in special circumstances, in particular where diverse and fragmented sectors largely composed of SMEs are concerned, the Commission decides to initiate an investigation without having received a written complaint by or on behalf of the Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation."; [Am. 22]

"

1e.  In Article 6, paragraph 9 is replaced by the following: "

"9. For proceedings initiated pursuant to Article 5(9), an investigation shall be concluded within nine months. In any event, such an investigation shall in all cases be concluded within one year of initiation, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action. Investigation periods shall, whenever possible, especially in the case of diverse and fragmented sectors largely composed of SMEs, coincide with the financial year."; [Am. 23]

"

2.  In Article 6, the following paragraphs are added:"

"10. Union producers of the like product with the exception of small-sized and micro-sized Union producers are obliged requested to cooperate in proceedings that have been initiated pursuant to Article 5(6). [Am. 24]

   10a. The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non-confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform. [Am. 25]
   10b. The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer, where appropriate. [Am. 26]
   10c. The Commission shall issue questionnaires used in investigations, in all official languages of the Union, upon request of interested parties."; [Am. 27]

"

3.  Article 7 is amended as follows:

(a)  paragraph 1 is replaced by the following: "

"1. Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the Union industry, and if the Union interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than six months from the initiation of the proceedings."; [Am. 28]

"

(a)  in paragraph 1, the following sentence is added: "

'Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.' [Am. 29]

"

(b)  paragraph 2 is replaced by the following:"

"2. 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 , but it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.

Such a lesser duty shall not apply in any of the following circumstances:

   (a) structural distortions or significant State interference regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, are found to exist with regard to the product concerned in the exporting country;
   (b) the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of MEAs, and protocols thereunder, to which the Union is party any point in time, and of ILO Conventions listed in Annex Ia;
   (c) the complainant represents a diverse and fragmented industry, largely composed of SMEs;
   (d) the investigation or a separate anti-subsidy investigation has established at least provisionally that the exporting country provides one or more subsidies to exporting producers of the product concerned.

However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council * .

__________

* Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008."; [Am. 30]

"

3a.  In Article 8, paragraph 1 is replaced by the following: "

"1. Upon condition that a provisional affirmative determination of dumping and injury has been made, the Commission may accept voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices, after specific consultation of the Advisory Committee, provided that such offers effectively eliminate the injurious effect of the dumping. In such a case and as long as such undertakings are in force, provisional duties imposed by the Commission in accordance with Article 7(1) or definitive duties imposed by the Council in accordance with Article 9(4) as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they shall be less than the margin of dumping if such increases would be adequate to remove the injury to the Union industry, unless the Commission, in the imposition of provisional or definitive duties, has decided that that lesser duty is not to be applied."; [Am. 31]

"

3b.  In Article 8, paragraph 4 is replaced by the following: "

"4. Parties which offer an undertaking shall be required to provide a meaningful non-confidential version of such undertaking, so that it may be made available to interested parties to the investigation, the European Parliament and the Council. The parties shall be requested to disclose as much information as possible regarding the content and nature of the undertaking with due regard to the protection of confidential information within the meaning of Article 19. Furthermore, before accepting any such offer the Commission shall consult the Union industry with regard to the main features of the undertaking."; [Am. 32]

"

4.  Article 9 is amended as follows:

(a)  paragraph 3 is replaced by the following:"

"3. For a proceeding initiated pursuant to Article 5(9), injury shall normally be regarded as negligible where the imports concerned represent less than the volumes set out in Article 5(7). For the same proceeding, there shall be immediate termination where it is determined that the margin of dumping is less than 2 %, expressed as a percentage of the export price.";

"

(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 , but it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.

Such a lesser duty shall not apply in any of the following circumstances:

   (a) structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, is found to exist with regard to the product concerned in the exporting country;
   (b) the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of MEAs, and protocols thereunder, to which the Union is party any point in time, and of ILO Conventions listed in Annex Ia;
   (c) the complainant represents a diverse and fragmented industry, largely composed of SMEs;
   (d) the investigation or a separate anti-subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned.

However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and that country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012."; [Am. 33]

"

5.  Article 11 is amended as follows:

(-a)  in paragraph 2, the second subparagraph is replaced by the following: "

"An expiry review shall be initiated where the request contains sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Such likelihood may, for example, be indicated by evidence of continued dumping and injury or evidence that the removal of injury is partly or solely due to the existence of measures or evidence that the circumstances of the exporters, or market conditions, are such that they would indicate the likelihood of further injurious dumping. Such likelihood may also be indicated by continuing interference by the exporting country."; [Am. 77/rev]

"

(a)  in paragraph 5, the following subparagraph is added: "

'If following an investigation pursuant to paragraph 2, the measure expires, any duties collected from the date of the initiation of such investigation shall be repaid provided that this is requested from national customs authorities and granted by those authorities in accordance with the applicable Union customs legislation concerning repayment and remission of duty. Such repayment does not give rise to the payment of interest by the national customs authorities concerned.' [Am. 35]

"

(b)  paragraph 9 is deleted.

6.  Article 13 is amended as follows:

(a)  in paragraph 3, the second sentence is replaced by the following:"

"Initiations shall be made, after consultation of the Advisory Committee, by Commission Regulation which shall also instruct the customs authorities to make imports subject to registration in accordance with Article 14(5) or to request guarantees." ;

"

(b)  in paragraph 4, the first subparagraph is replaced by the following:"

"Imports shall not be subject to registration pursuant to Article 14(5) or measures where they are traded by companies which benefit from exemptions. Requests for exemptions duly supported by evidence shall be submitted within the time-limits established in the Commission regulation initiating the investigation. Where the circumventing practice, process or work takes place outside the Union, exemptions may be granted to producers of the product concerned that are found not to be engaged in circumvention practices as defined in paragraphs 1 and 2 of this Article. Where the circumventing practice, process or work takes place inside the Union, exemptions may be granted to importers that can show that they are not engaged in circumvention practices as defined in paragraphs 1 and 2 of this Article.";

"

6a.  In Article 14, paragraph 3 is replaced by the following: "

"3. Special provisions, in particular with regard to the common definition of the concept of origin, as contained in Regulation (EEC) No 2913/92 or in accordance with Article 2 thereof, may be adopted pursuant to this Regulation."; [Am. 36]

"

6b.  In Article 14, paragraph 5 is replaced by the following: "

"5. The Commission may, after having informed the Member States in due time, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports shall be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission’s own initiative.

Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Union industry contains a request for registration and sufficient evidence to justify such action.

Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months."; [Am. 79]

"

6c.  In Article 14, paragraph 6 is replaced by the following: "

"6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after receiving the opinion of the Committee referred to in Article 15(2) on it, decide to provide them with information concerning the volume and import values of those products."; [Am. 75]

"

6d.  In Article 14, the following paragraph is added: "

"7a. Whenever the Commission intends to adopt or publish any document aimed at clarifying the established practice of the Commission with regard to the application of this Regulation in any of its elements, the Commission, prior to the adoption or publication, shall consult the European Parliament and the Council, aiming at a consensus with a view to the approval of the given document. Any subsequent modification of such documents shall be subject to such procedural requirements. In any event, any of those documents shall be in full conformity with the provisions of this Regulation. No such document shall broaden the discretion of the Commission, as interpreted by the Court of Justice of the European Union, in adopting measures."; [Am. 39]

"

7.  In Article 17, paragraph 1 is replaced by the following:"

"1. In cases where the number of Union producers, exporters or importers that cooperate in the investigation with their consent , types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. In the case of diverse and fragmented industry sectors, largely composed of SMEs, the final selection of parties should, where possible, take into account their proportion of the sector concerned. "; [Am. 40]

"

8.  The following article is inserted:"

"Article 19a

Information about provisional measures

   1. The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include:
   (a) a summary of the proposed duties for information purposes only, and
   (b) details of the calculation of the dumping margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 19. Parties shall have a period of three working days to provide comments on the accuracy of the calculations. [Am. 41]
   2. In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties.";

"

9.  Article 21(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 interest, the Union producers, 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.' [Am. 42]

"

9a.  In Article 22, the following paragraph is added: "

"1a. As soon as all Member States have ratified new ILO Conventions, the Commission shall update Annex Ia accordingly, in conformity with the procedure set out in Article 290 TFEU."; [Am. 43]

"

9b.  The following article is inserted: "

"Article 22a

Report

   1. In order to facilitate the monitoring of the implementation of the Regulation by the European Parliament and the Council, the Commission shall, with due regard to the protection of confidential information within the meaning of Article 19, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council, as a part of a trade defence instrument dialogue between the Commission, the European Parliament and the Council. The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, undertakings, reinvestigations, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom. The report shall also cover the use of trade defence instruments by third countries targeting the Union, information on the recovery of the Union industry concerned by the measures imposed and appeals against the measures imposed. It shall include the activities of the Hearing Officer of the Commission's Directorate General for Trade and those of the SME Help Desk in relation to the application of this Regulation.
   2. The European Parliament may, within one month of the Commission's presentation of the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. The report may also be subject to a resolution.
   3. No later than six months after presenting the report to the European Parliament and to the Council, the Commission shall make the report public."; [Am. 44]

"

9c.  The following annex is added: "

"Annex Ia

ILO Conventions referred to in Articles 7, 8 and 9

   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)"; [Am. 45]

"

Article 2

Regulation (EC) No 597/2009 is amended as follows:

-1. The title is replaced by the following: "

"Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Union"; [Am. 46]

"

-1a. The following recital is inserted: "

"(9a) Within the Union, countervailable subsidies are as a general rule prohibited pursuant to Article 107(1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorised 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 or countries engaged in subsidisation."; [Am. 47]

"

-1b. In Article 1(1), the following subparagraph shall be added: "

"The use of any subsidised products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under this Regulation and shall be charged to duty accordingly, when it causes injury to the Union industry."; [Am. 48]

"

1.  In Article 9(1), the introductory wording is replaced by the following:"

"1. For the purposes of this Regulation, the term ‘Union industry’ shall be interpreted as referring to the Union producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total Union production of those products, except that:";

"

1a.  In Article 10(1), the first subparagraph is replaced by the following: "

"1. Except as provided for in paragraph 8, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Union industry. Complaints may also be submitted jointly by the Union industry, or by any natural or legal person or any association not having legal personality acting on behalf thereof, and trade unions."; [Am. 91]

"

1b.  In Article 10(6), the following subparagraph is added: "

"In the case of diverse and fragmented industrial sectors, largely composed of small-and-medium-sized enterprises (SMEs), the Commission shall assist in reaching these thresholds through the support of the SME Help Desk."; [Am. 94]

"

1c.  In Article 10, paragraph 8 shall be replaced by the following: "

"8. If in special circumstances, in particular where diverse and fragmented sectors largely composed of SMEs are concerned, the Commission decides to initiate an investigation without having received a written complaint by or on behalf of the Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of countervailable subsidies, injury and a causal link, as described in paragraph 2, to justify such initiation."; [Am. 49]

"

1d.  In Article 11, paragraph 9 shall be replaced by the following: "

"9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within nine months. In any event, such investigations shall in all cases be concluded within 10 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action. Investigation periods shall, whenever possible, especially in the case of diverse and fragmented sectors largely composed of SMEs, coincide with the financial year. "; [Am. 51]

"

2.  In Article 11, the following paragraphs are added:"

"11. Union producers of the like product with the exception of small-sized and micro-sized Union producers are obliged requested to cooperate in proceedings that have been initiated pursuant to Article 10(8). [Am. 50]

   11a. The Commission shall facilitate the access to the instrument for diverse and fragmented sectors, largely composed of SMEs, in the context of anti-subsidy cases, through the SME Help Desk.

The SME Help Desk shall raise awareness of the instrument, provide information and explanations on cases, how to file a complaint and how to better present evidence of countervailable subsidies and injury. The SME Help Desk shall make available standard forms for statistics to be submitted for standing purposes and questionnaires.

After the initiation of an investigation, the SME Help Desk shall inform SMEs and their relevant associations likely to be affected by the initiation of proceedings and the relevant deadlines for registering as an interested party.

The SME Help Desk shall assist addressing questions regarding the completion of questionnaires, where special attention shall be given to queries of SMEs as regards investigations initiated under Article 10(8). To the extent possible, it shall assist reducing the burden caused by language barriers.

In case SMEs provide prima facie evidence of countervailable subsidies, the SME Help Desk shall provide SMEs with information on the evolution of the volume and value of imports of the product concerned in accordance with Article 24(6).

The SME Help Desk shall also provide guidance on additional methods of contact and liaison with the Hearing Officer and national customs authorities. The SME Help Desk shall also inform SMEs on the possibilities and conditions under which they could request a review of the measures and refund of the countervailable duties paid. [Am. 52]

   11b. The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non-confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform. [Am. 53]
   11c. The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer, where appropriate. [Am. 54]
   11d. The Commission shall issue questionnaires used in investigations, in all official languages of the Union upon request of interested parties."; [Am. 55]

"

3.  Article 12(1) is amended as follows:

(-a)  the second subparagraph shall be replaced by the following: "

"The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than six months from the initiation of the proceedings."; [Am. 56]

"

(a)  the third subparagraph is replaced by the following:"

"The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established.";

"

(b)  he following subparagraph is added at the end: "

'Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.' [Am. 57]

"

3a.  In Article 13, paragraph 1 is replaced by the following: "

"1. Upon condition that a provisional affirmative determination of subsidisation and injury has been made, the Commission may accept voluntary undertakings offers under which:

   (a) the country of origin and/or export agrees to eliminate or limit the subsidy or take other measures concerning its effects; or
   (b) any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies, provided that the Commission, after specific consultation of the Advisory Committee, has determined that the injurious effect of the subsidies is thereby effectively eliminated.

In such a case and as long as such undertakings are in force, the provisional duties imposed by the Commission in accordance with Article 12(3) and the definitive duties imposed by the Council in accordance with Article 15(1) shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings and in any subsequent amendment of such decision.

The lesser duty rule shall not apply to prices agreed under such undertakings in the framework of anti-subsidy proceedings ."; [Am. 58]

"

3b.  In Article 13, paragraph 4 is replaced by the following: "

"4. Parties which offer an undertaking shall be required to provide a meaningful non-confidential version of such undertaking, so that it may be made available to interested parties to the investigation, the European Parliament and the Council. The parties shall be requested to disclose as much information as possible regarding the content and nature of the undertaking with due regard to the protection of confidential information within the meaning of Article 29. Furthermore, before accepting any such offer the Commission shall consult the Union industry with regard to the main features of such undertaking."; [Am. 59]

"

4.  In Article 14, paragraph 5 is replaced by the following:"

"5. The amount of the countervailable subsidies shall be considered to be de minimis if such amount is less than 1 % ad valorem, except where, as regards investigations concerning imports from developing countries, the de minimis threshold shall be 2 % ad valorem.";

"

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.";

"

6.  Article 22 is amended as follows:

(a)  in paragraph 1 the following subparagraph is added: "

'If following an investigation pursuant to Article 18, the measure expires, any duties collected after the date of the initiation of such investigation shall be reimbursed. The reimbursement should be requested from national customs authorities in accordance with the applicable Union customs legislation.' [Am. 60]

"

(b)  paragraph 6 is deleted.

7.  Article 23 is amended as follows:

(a)  in the second sentence of paragraph 4, the word “may” is replaced by “shall”.

(b)  in paragraph 6, the second subparagraph is replaced by the following:"

"Where the circumventing practice, process or work takes place outside the Union, exemptions may be granted to producers of the product concerned that are found not to be engaged in circumvention practices as defined in paragraph 3." ;

"

(c)  in paragraph 6, the third subparagraph is replaced by the following:"

"Where the circumventing practice, process or work takes place inside the Union, exemptions may be granted to importers that can show that they are not engaged in circumvention practices as defined in paragraph 3.";

"

7a.  In Article 24, paragraph 3 is replaced by the following: "

"3. Special provisions, in particular with regard to the common definition of the concept of origin, as contained in Regulation (EEC) No 2913/92 or in accordance with Article 2 thereof, may be adopted pursuant to this Regulation."; [Am. 61]

"

7b.  In Article 24, paragraph 5 is replaced by the following: "

"5. The Commission may, after having informed the Member States in due time direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration.

Imports shall be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission’s own initiative.

Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Union industry contains a request for registration and sufficient evidence to justify such action.

Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months."; [Am. 78]

"

7c.  In Article 24, paragraph 6 is replaced by the following: "

"6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after receiving the opinion of the Committee referred to in Article 25(2) on it, decide to provide them with information concerning the volume and import values of those products."; [Am. 76]

"

7d.  In Article 24, the following paragraph is added: "

"7a. Whenever the Commission intends to adopt or publish any document aimed at clarifying the established practice of the Commission with regard to the application of this Regulation in any of its elements, the Commission, prior to the adoption or publication, shall consult the European Parliament and the Council, aiming at a consensus with a view to the approval of the given document. Any subsequent modification of such documents shall be subject to such procedural requirements. In any event, any of these documents shall be in full conformity with the provisions of this Regulation. No such document can broaden the discretion of the Commission, as interpreted by the Court of Justice of the European Union, in adopting measures."; [Am. 64]

"

8.  In Article 27(1) , the first subparagraph paragraph 1 is replaced by the following:"

"1. In cases where the number of Union producers, exporters or importers, that cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to:

   (a) a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection; or
   (b) the largest representative volume of the production, sales or exports which can reasonably be investigated within the time available.

In the case of diverse and fragmented industry sectors, largely composed of SMEs, the final selection of parties shall, where possible, take into account their proportion of the sector concerned."; [Am. 65]

"

9.  After Article 29, the following Article is inserted: "

'Article 29b

Information about provisional measures

   1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.

Such information shall include:

   (a) a summary of the proposed duties for information purposes only, and
   (b) details of the calculation of the subsidy margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 29. Parties shall have a period of three working days to provide comments on the accuracy of the calculations.
   2. In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.' [Am. 66]

"

10.  Article 31(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 interest, the Union producers, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the countervailing 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 paragraph, and they shall be entitled to respond to such information.' [Am. 67]

"

10a.  The following article is inserted: "

"Article 33a

Report

   1. In order to facilitate the monitoring of the implementation of the Regulation by the European Parliament and the Council, the Commission shall, with due regard to the protection of confidential information within the meaning of Article 19, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council, as a part of a trade defence instrument dialogue between the Commission, the European Parliament and the Council. The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, undertakings, reinvestigations, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom. The report shall also cover the use of trade defence instruments by third countries targeting the Union, information on the recovery of the Union industry concerned by the measures imposed and appeals against the measures imposed. It shall include the activities of the Hearing Officer of the Commission's Directorate General for Trade and those of the SME Help Desk in relation to the application of this Regulation.
   2. The European Parliament may, within one month of the Commission's presentation of the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. The report may also be subject to a resolution.
   3. No later than six months after presenting the report to the European Parliament and to the Council, the Commission shall make the report public.". [Am. 68]

"

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

It shall be consolidated with Regulation (EC) No 1225/2009 and Regulation (EC) No 597/2009 by … (4) . [Am. 69]

Article 4

This Regulation shall apply to all investigations for which the notice of initiation pursuant to Article 10(11) of Regulation (EC) No 597/2009 or Article 5(9) of Regulation (EC) No 1225/2009 has been published in the Official Journal of the European Union after the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …,

For the European Parliament For the Council

The President The President

(1) Position of the European Parliament of 16 April 2014.
(2)Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).
(3)Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (OJ L 188, 18.7.2009, p. 93).
(4) Three months after the date of entry into force of this Regulation.

Last updated: 30 March 2016Legal notice