in force 2018-06-08 MODIFIED+914 −0§
Amended by Regulation (EU) 2018/825 32018R0825
applies from: unchanged
The text now allows complaints to be submitted jointly by the Union industry, or by a person or association acting on its behalf, together with trade unions, or to be supported by trade unions, while stating that this does not affect the Union industry's ability to withdraw the complaint.
A new paragraph 1a has been added describing a dedicated SME Helpdesk that facilitates access to the trade defence instrument for diverse and fragmented industry sectors largely composed of small and medium-sized enterprises, through activities such as awareness raising, general information and explanations on procedures, release of standard questionnaires in all official Union languages, replies to general non-case-specific queries, and provision of standard forms for statistics and questionnaires.
The substantive content of paragraphs (1)(2), (1)(3) and (1)(4) as listed remains otherwise the same as in the prior version.
Cited: Art. 5, v2 · Art. 5, v1
text before / after
02016R1036-20171220 → 02016R1036-20180608
Article 5 Initiation of proceedings 1. 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, or be supported by trade unions. This does not affect the possibility for the Union industry to withdraw the complaint. The complaint may be submitted to the Commission or to a Member State, which shall forward it to the Commission. The Commission shall send Member States a copy of any complaint it receives. The complaint shall be deemed to have been lodged on the first working day following its delivery to the Commission by registered mail or the issuing of an acknowledgement of receipt by the Commission. Where, in the absence of any complaint, a Member State is in possession of sufficient evidence of dumping and of resultant injury to the Union industry, it shall immediately communicate such evidence to the Commission. 1a. The Commission shall facilitate access to the trade defence instrument for diverse and fragmented industry sectors, largely composed of small and medium-sized enterprises (SMEs), through a dedicated SME Helpdesk, for example by awareness raising, by providing general information and explanations on procedures and on how to submit a complaint, by releasing standard questionnaires in all official languages of the Union and by replying to general, non-case-specific queries. The SME Helpdesk shall make available standard forms for statistics to be submitted for standing purposes and questionnaires. 2. A complaint under paragraph 1 shall include evidence of dumping, injury and a causal link between the allegedly dumped imports and the alleged injury. The complaint shall contain such information as is reasonably available to the complainant on the … 966 unchanged words … involved is particularly high, the full text of the written complaint may instead be provided only to the authorities of the exporting country or to the relevant trade association. 12. An anti-dumping investigation shall not hinder the procedures of customs clearance.