Procedure : 2012/0019(COD)
Document stages in plenary
Document selected : A7-0140/2012

Texts tabled :

A7-0140/2012

Debates :

Votes :

PV 10/05/2012 - 12.1
Explanations of votes

Texts adopted :


REPORT     ***I
PDF 137kWORD 68k
16 April 2012
PE 486.060v02-00 A7-0140/2012

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community

(COM(2012)0041 – C7-0030/2012 – 2012/0019(COD))

Committee on International Trade

Rapporteur: Vital Moreira

(Simplified procedure – Rule 46(1) of the Rules of Procedure)

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community

(COM(2012)0041 – C7-0030/2012 – 2012/0019(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0041),

–   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 (C7-0030/2012),

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

–   having regard to Rules 55 and 46(1) of its Rules of Procedure,

–   having regard to the report of the Committee on International Trade (A7-0140/2012),

1.  Adopts its position at first reading, taking over the Commission proposal;

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.


EXPLANATORY STATEMENT

On 28 July 2011, the Dispute Settlement Body of the World Trade Organisation ('DSB') adopted the Appellate Body Report and the Panel Report as modified by the Appellate Body Report in the case ‘European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China'(1)

(‘Reports’).

In the Reports, it was found, inter alia, that Article 9(5) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community ('the Basic Anti-Dumping Regulation')(2) was inconsistent with Articles 6.10, 9.2 and 18.4 of the WTO Anti-Dumping Agreement and Article XVI:4 of the WTO Agreement. Article 9(5) of the Basic Anti-Dumping Regulation provides that individual exporting producers in non-market economy countries which do not receive market economy treatment pursuant to Article 2(7)(c) of the Basic Anti-Dumping Regulation will be subject to a countrywide duty rate unless such exporters can demonstrate that they meet the conditions for individual treatment laid out in Article 9(5) of the Basic Anti-Dumping Regulation ('the DSB finding on Article 9(5) of the Basic Anti-Dumping Regulation').

On 18 August 2011 the European Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations.

On 19 January 2012 the European Union and China agreed that the reasonable period of time for implementing the DSB recommendations and rulings would be 14 months and two weeks from the date the DSB adopted the Reports. The reasonable period of time will therefore expire on 12 October 2012.

It is in order to facilitate that the the reasonable period of time for implementing the DSB recommendations and rulings, which was agreed between the European Union and China on 19 January 2012, can be respected by the European Union that the Committee for International Trade has adopted the draft resolution in simplified procedure.

(1)

              WTO, Report of the Appellate Body, AB-2011-2,         WT/DS397/AB/R, 15 July 2011. WTO, Report of the Panel,

  WT/DS397/R, 29 September 2010. The reports can be downloaded from the WTO's website (http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds397_e.htm)

(2)

              OJ L 343, 22.12.2009, p. 51.


PROCEDURE

Title

Protection against dumped imports from countries not members of the European Community

References

COM(2012)0041 – C7-0030/2012 – 2012/0019(COD)

Date submitted to Parliament

7.2.2012

 

 

 

Committee responsible

       Date announced in plenary

INTA

16.2.2012

 

 

 

Rapporteur(s)

       Date appointed

Vital Moreira

29.2.2012

 

 

 

Simplified procedure - date of decision

27.3.2012

Discussed in committee

26.3.2012

 

 

 

Date adopted

27.3.2012

 

 

 

Date tabled

16.4.2012

Last updated: 27 April 2012Legal notice