REPORT 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
16.7.2012 - (COM(2012)0270 – C7‑0146/2012 – 2012/0145(COD)) - ***I
Committee on International Trade
Rapporteur: Vital Moreira
(Simplified procedure – Rule 46(1) of the Rules of 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)0270 – C7‑0146/2012 – 2012/0145(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2012)0270),
– having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0146/2012),
– 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 (A7-0243/2012),
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 2 February 2012, the European Court of Justice in case C-249/10[1] P - Brosmann and others v. Council ('Brosmann') annulled Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam in so far as it relates to the applicants. In its judgement, the Court of Justice ruled that the sampling technique laid down in Article 17 of Council Regulation (EC) No 1225/2009 may not be applied for the purposes of the determination of claims of individual market economy treatment made under Article 2(7)(c).
It should also be noted that the use of the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation is not in breach of the obligations of the Union under the World Trade Organisation rules.
Therefore, it is considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of producers by using samples on the basis of Article 17 of Council Regulation (EC) No 1225/2009 also applies to the parties subject to a market economy treatment examination, in accordance with Article 2(7)(b) and (c).
Consequently, it is also appropriate to clarify that a determination under Article 2(7)(c) should not be made for producers that are not part of the sample unless such producers request and obtain individual examination in accordance with Article 17(3).
Furthermore, it is considered appropriate to clarify that the anti-dumping duty to be applied to imports from producers, which have made themselves known in accordance with Article 17 but were not included in the examination, shall not exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Articles 2(1) to 2(6) or Article 2(7)(a).
Lastly, the three month time limit by which a determination pursuant to Article 2(7)(c) should be made, should be deleted , as it has proved impracticable in many anti-dumping proceedings, in particular where sampling is applied in accordance with Article 17.
In the interest of legal certainty and the principle of sound administration, it is necessary to provide that these amendments should apply as soon as possible to all new and pending investigations. It is for these reasons that the Committee on International Trade has adopted the draft resolution in simplified procedure.
- [1] Case C-249/10 P – Brosmann Footwear (HK) and others v Council, Judgement of 2 February 2012 (not yet published in the ECR).
PROCEDURE
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Title |
Amendment of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community |
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References |
COM(2012)0270 – C7-0146/2012 – 2012/0145(COD) |
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Date submitted to Parliament |
8.6.2012 |
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Committee responsible Date announced in plenary |
INTA 14.6.2012 |
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Rapporteur(s) Date appointed |
Vital Moreira 20.6.2012 |
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Simplified procedure - date of decision |
20.6.2012 |
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Discussed in committee |
12.7.2012 |
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Date adopted |
12.7.2012 |
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Date tabled |
18.7.2012 |
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