Protection Against Dumped Imports from Countries Not Members of the European Community I

TEXTS ADOPTED

Part 1

at the sitting of

Thursday

10 May 2012

P7_TA-PROV(2012)05-10PROVISIONAL EDITIONPE486.812

CONTENTS

TEXTS ADOPTED

P7_TA-PROV(2012)0148

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

(A7-0140/2012 - Rapporteur: Vital Moreira)

European Parliament legislative resolution of 10 May 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))

P7_TA-PROV(2012)0149

Restrictions on imports of certain steel products from Russia ***I

(A7-0085/2012 - Rapporteur: Robert Sturdy)

European Parliament legislative resolution of 10 May 2012 on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EC) No 1342/2007 on administering certain restrictions on imports of certain steel products from the Russian Federation (COM(2011)0715 – C7-0396/2011 – 2011/0315(COD))

P7_TA-PROV(2012)0150

Electronic publication of the Official Journal of the European Union ***

(A7-0087/2012 - Rapporteur: Zbigniew Ziobro)

European Parliament legislative resolution of 10 May 2012 on the draft Council regulation on the electronic publication of the Official Journal of the European Union (10222/5/2011 – C7-0076/2012 – 2011/0070(APP))

P7_TA-PROV(2012)0151

Request for defence of the immunity and privileges of Corneliu Vadim Tudor

(A7-0151/2012 - Rapporteur: Cecilia Wikström)

European Parliament decision of 10 May 2012 on the request for defence of the immunity and privileges of CorneliuVadimTudor (2011/2100(IMM))

P7_TA-PROV(2012)0152

Future of regional airports and air services in the EU

(A7-0094/2012 - Rapporteur: Philip Bradbourn)

European Parliament resolution of 10 May 2012 on the future of regional airports and air services in the EU (2011/2196(INI))

P7_TA-PROV(2012)0153

2010 discharge: EU general budget, Section III, Commission

(A7-0098/2012 - Rapporteur: Christofer Fjellner)

1. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section III – Commission (COM(2011)0473 – C7-0256/2011 – 2011/2201(DEC))

2. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2010 (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

3. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the budget of the Executive Agency for Competitiveness and Innovation for the financial year 2010 (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

4. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the budget of the Executive Agency for Health and Consumers for the financial year 2010 (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

5. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the budget of the European Research Council Executive Agency for the financial year 2010 (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

6. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the budget of the Research Executive Agency for the financial year 2010 (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

7. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the budget of the Trans-European Transport Network Executive Agency for the financial year 2010 (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

8. European Parliament decision of 10 May 2012 on the closure of the accounts of the general budget of the European Union for the financial year 2010, Section III – Commission (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

9. European Parliament resolution of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section III – Commission and executive agencies (COM(2011)0473 – C70256/2011 – 2011/2201(DEC))

P7_TA-PROV(2012)0154

ECA special reports in the context of the 2010 Commission discharge

(A7-0102/2012 - Rapporteur: Christofer Fjellner)

European Parliament resolution of 10 May 2012 on the Court of Auditors' special reports in the context of the 2010 Commission discharge (2011/2225(DEC))

P7_TA-PROV(2012)0155

Discharge 2010: EU general budget, European Parliament

(A7-0120/2012 - Rapporteur: Bogusław Liberadzki)

European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section I – European Parliament (COM(2011)0473 – C7-0257/2011 – 2011/2202(DEC))

2. European Parliament resolution of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section I – European Parliament (COM(2011)0473 – C70257/2011 – 2011/2202(DEC))

P7_TA-PROV(2012)0156

Discharge 2010: 8th, 9th and 10th European Development Funds

(A7-0100/2012 - Rapporteur: Martin Ehrenhauser)

1. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the budget of the Eighth, Ninth and Tenth European Development Funds for the financial year 2010 (COM(2011)0471 – C7-0273/2011 – 2011/2212(DEC))

2. European Parliament decision of 10 May 2012 on the closure of the accounts of the Eighth, Ninth and Tenth European Development Funds for the financial year 2010 (COM(2011)0471 – C70273/2011 – 2011/2212(DEC))

3. European Parliament resolution of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Eighth, Ninth and Tenth European Development Funds for the financial year 2010 (COM(2011)0471 – C70273/2011 – 2011/2212(DEC))

P7_TA-PROV(2012)0157

Discharge 2010: EU general budget – Council

(A7-0095/2012 - Rapporteur: Inés Ayala Sender)

1. European Parliament decision of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section II – Council (COM(2011)0473 – C7-0258/2011 – 2011/2203(DEC))

2. European Parliament resolution of 10 May 2012 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section II – Council (COM(2011)0473 – C70258/2011 – (2011)2203(DEC))

P7_TA-PROV(2012)0158

Discharge 2010: EU general budget, Court of Justice

(A7-0088/2012 - Rapporteur: Inés Ayala Sender)

1. European Parliament decision of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV – Court of Justice (COM(2011)0473 – C7-0259/2011 – 2011/2204(DEC))

2. European Parliament decision of 10 May 2012 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV – Court of Justice (COM(2011)0473 – C70259/2011 – 2011/2204(DEC))

P7_TA-PROV(2012)0159

Discharge 2010: EU general budget, Court of Auditors

(A7-0091/2012 - Rapporteur: Inés Ayala Sender)

1. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the European Union general budget for the financial year 2010, Section V – Court of Auditors (COM(2011)0473 – C7-0260/2011 – 2011/2205(DEC))

2. European Parliament resolution of 10 May 2012 with observations forming an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2010, Section V – Court of Auditors (COM(2011)0473 – C7-0260/2011 – 2011/2205(DEC))

P7_TA-PROV(2012)0160

Discharge 2010: EU general budget, Economic and Social Committee

(A7-0092/2012 - Rapporteur: Inés Ayala Sender)

1. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the European Union general budget for the financial year 2010, Section VI – European Economic and Social Committee (COM(2011)0473 – C7-0261/2011 – 2011/2206(DEC))

2. European Parliament resolution of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2010, Section VI – European Economic and Social Committee (COM(2011)0473 – C7-0261/2011 – 2011/2206(DEC))

P7_TA-PROV(2012)0161

Discharge 2010: EU general budget, Committee of the Regions

(A7-0090/2012 - Rapporteur: Inés Ayala Sender)

1. European Parliament decision of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII – Committee of the Regions (COM(2011)0473 – C7-0262/2011 – 2011/2207(DEC))

2. European Parliament resolution of 10 May 2012 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII – Committee of the Regions (COM(2011)0473 – C70262/2011 – 2011/2207(DEC))

P7_TA-PROV(2012)0162

Discharge 2010: EU general budget, European Ombudsman

(A7-0089/2012 - Rapporteur: Inés Ayala Sender)

1. European Parliament decision of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section VIII – European Ombudsman (COM(2011)0473 – C7-0263/2011 – 2011/2208(DEC))

2. European Parliament resolution of 10 May 2012 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section VIII – European Ombudsman (COM(2011)0473 – C70263/2011 – 2011/2208(DEC))

P7_TA-PROV(2012)0163

Discharge 2010: EU general budget, European Data Protection Supervisor

(A7-0093/2012 - Rapporteur: Inés Ayala Sender)

1. European Parliament decision of 10 May 2012 on discharge in respect of the implementation of the European Union general budget for the financial year 2010, Section IX – European Data Protection Supervisor (COM(2011)0473 – C7-0264/2011 – 2011/2209(DEC))

2. European Parliament resolution of 10 May 2012 with observations forming an integral part of its decision on discharge in respect of the implementation of the European Union general budget for the financial year 2010, Section IX – European Data Protection Supervisor (COM(2011)0473 – C70264/2011 – 2011/2209(DEC))

PE 486.812\ 1

P7_TA-PROV(2012)0148

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

Committee on International Trade

PE486.060

European Parliament legislative resolution of 10 May 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))

(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 Article294(2) and Article207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C70030/2012),

–having regard to Article294(3) of the Treaty on the Functioning of the European Union,

–having regard to the undertaking given by the Council representative by letter of 25 April 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–having regard to Rules55 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 hereinafter set out;

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.

P7_TC1-COD(2012)0019

Position of the European Parliament adopted at first reading on 10 May 2012 with a view to the adoption of Regulation (EU) No .../2012 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

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 Article207(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)On 28 July 2011, the Dispute Settlement Body (‘DSB’) of the World Trade Organisation (‘WTO’) adopted the Appellate Body Report and the Panel Report as modified by the Appellate Body Report (‘the Reports’) in the dispute ‘European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China’[2].

(2)In the Reports, it was found, inter alia, that Article9(5) of Council Regulation (EC) No1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community[3] (‘Basic Anti-Dumping Regulation’) was inconsistent with Articles6.10, 9.2 and 18.4 of the WTO Anti-Dumping Agreement and Article XVI:4 of the WTO Agreement. Article9(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 point (c) of Article2(7) of the Basic Anti-Dumping Regulation will be subject to a country-wide duty rate unless such exporters can demonstrate that they meet the conditions for individual treatment (‘IT’) set out in Article9(5) of the Basic Anti-Dumping Regulation.

(3)The Appellate Body found that Article9(5) of the Basic Anti-Dumping Regulation establishes a presumption that exporting producers operating in non-market economy countries are not entitled to IT and that in order to qualify for IT, the onus is on them to demonstrate that they satisfy the criteria of the IT test. According to the Appellate Body, no legal basis for such a presumption is provided for in the relevant WTO agreements.

(4)However, the Appellate Body clarified that, when determining a single dumping margin and a single anti-dumping duty for a number of exporters, the consistency of that determination with Articles6.10 and 9.2 of the WTO Anti-Dumping Agreement will depend on the existence of situations indicating that two or more exporters, albeit legally distinct, are in such a relationship that they should be treated as a single entity. Such situations may include: (i) the existence of corporate and structural links between the exporters, such as common control, shareholding and management; (ii) the existence of corporate and structural links between the State and the exporters, such as common control, shareholding and management; and (iii) control or material influence by the State in respect of pricing and output. In this regard, the terms in the proposed amendments to Article 9(5) of the Basic Anti-Dumping Regulation reflecting these situations should be read in the light of the Appellate Body's clarifications without prejudice to terms using the same or a similar wording in other provisions of the Basic Anti-Dumping Regulation.

(5)On 18 August 2011, the 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.

(6)For that purpose, it is necessary to amend the provisions of Article9(5) of the Basic Anti-Dumping Regulation,

HAVE ADOPTED THIS REGULATION:

Article 1

Article 9(5) of Regulation (EC) No 1225/2009 is replaced by the following:

"5.An anti-dumping duty shall be imposed in the appropriate amounts in each case, on a non-discriminatory basis on imports of a product from all sources found to be dumped and causing injury, except for imports from those sources from which undertakings under the terms of this Regulation have been accepted.

The Regulation imposing anti-dumping measures shall specify the duty for each supplier or, if that is impracticable, the supplying country concerned. Suppliers which are legally distinct from other suppliers or which are legally distinct from the State may nevertheless be considered as a single entity for the purpose of specifying the duty. For the application of this subparagraph, account may be taken of factors such as the existence of structural or corporate links between the suppliers and the State or between suppliers, control or material influence by the State in respect of pricing and output, or the economic structure of the supplying country.".

Article 2

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

It shall apply to all investigations initiated pursuant to Regulation (EC) No1225/2009 following the 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 ParliamentFor the Council

The PresidentThe President

P7_TA-PROV(2012)0149

Restrictions on imports of certain steel products from Russia ***I

Committee on International Trade

PE480.820

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2011)0715),

–having regard to Article294(2) and Article207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0396/2011),

–having regard to Article294(3) of the Treaty on the Functioning of the European Union,

–having regard to Rule55 of its Rules of Procedure,

–having regard to the report of the Committee on International Trade (A7-0085/2012),

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

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.

P7_TC1-COD(2011)0315

Position of the European Parliament adopted at first reading on 10 May 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council repealing Council Regulation (EC) No 1342/2007 on administering certain restrictions on imports of certain steel products from the Russian Federation

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 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[4],

Whereas:

(1)The Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part[5], (hereinafter “the PCA”), entered into force on 1 December 1997.

(2)Article 21(1) of the PCA provides that trade in certain steel products is to be governed by Title III of the PCA, with the exception of Article 15 thereof, and by the provisions of an agreement on quantitative arrangements.

(3)On 26 October 2007, the European Community and the Government of the Russian Federation concluded such an Agreement on trade in certain steel products[6], (hereinafter “the Agreement”).

(4)On 22 October 2007, the Council adopted Regulation (EC) No 1342/2007[7] in order to implement the Agreement.

(5)The Agreement stipulates that in the event that the Russian Federation accedes to the World Trade Organization before the expiry of the Agreement, the Agreement will be terminated and, as a consequence, the quantitative limits will be abolished as of the date of accession.

(6)On the date when the Russian Federation accedes to the World Trade Organization, the Regulation to implement the Agreement will no longer be necessary. Regulation (EC) No 1342/2007 should therefore be repealed with effect from that date,