in force 2018-06-08 MODIFIED+609 −15§
Amended by Regulation (EU) 2018/825 32018R0825
applies from: unchanged
Paragraph 7 now lists Union producers and trade unions among the parties entitled to inspect information made available to the investigation, in place of the earlier reference to complainants.
Paragraph 9 shortens the outer deadline for concluding investigations from 15 months to 14 months and adds a statement that investigation periods should, where possible, coincide with the financial year, especially for diverse and fragmented sectors largely composed of SMEs.
Two new paragraphs are added: paragraph 10 asks Union producers of the like product to cooperate with the Commission in investigations initiated pursuant to Article 5(6), and paragraph 11 establishes the office of the Hearing Officer, whose powers and responsibilities are set out in a Commission mandate and who is to safeguard the effective exercise of interested parties' procedural rights.
Cited: Art. 6, v2 · Art. 6, v1
text before / after
02016R1036-20171220 → 02016R1036-20180608
Article 6
The investigation
1. Following the initiation of proceedings, the Commission, acting in cooperation with the Member States, shall commence an investigation at Union level. Such an investigation shall cover both dumping and injury, and they shall be investigated simultaneously.
For the … 485 unchanged words … any party to attend a meeting, and failure to do so shall not be prejudicial to that party's case.
Oral information provided under this paragraph shall be taken into account in so far as it is subsequently confirmed in writing.
7. The complainants, Union producers, trade unions, importers and exporters and their representative associations, users and consumer organisations, which have made themselves known in accordance with Article 5(10), as well as the representatives of the exporting country, may, upon written request, inspect all information made available by any party to an investigation, as distinct from internal documents prepared by the authorities of the Union or its Member States, which is relevant to the presentation of their cases and not confidential within the meaning of Article 19, and is used in the investigation.
Such parties may respond to such information and their comments shall be taken into consideration, wherever they are sufficiently substantiated in the response.
8. Except in the circumstances provided for in Article 18, the information which is supplied by interested parties and upon which findings are based shall be examined for accuracy as far as possible.
9. For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall in all cases be concluded within 15 14 months 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.
10. Union producers of the like product are requested to cooperate with the Commission in investigations that have been initiated pursuant to Article 5(6).
11. The Commission shall have in place the office of the Hearing Officer whose powers and responsibilities are set out in a mandate adopted by the Commission and who shall safeguard the effective exercise of the procedural rights of the interested parties.