in force 2018-06-08 MODIFIED+606 −13§
Amended by Regulation (EU) 2018/825 32018R0825
applies from: unchanged
Paragraph 7 changes the list of parties entitled to inspect the investigation file, replacing the reference to complainants and to importers and exporters with a reference to Union producers, the government of the country of origin and/or export, trade unions, importers and exporters and their representative associations, users and consumer organisations.
Paragraph 9 adds a sentence stating that investigation periods shall, whenever possible, especially in the case of diverse and fragmented sectors largely composed of SMEs, coincide with the financial year.
Two new paragraphs are added, one asking Union producers of the like product to cooperate with the Commission in investigations initiated pursuant to Article 10(8), and another establishing the office of the Hearing Officer, whose powers and responsibilities are set out in a mandate adopted by the Commission and who is to safeguard the effective exercise of interested parties' procedural rights.
Cited: Art. 11, v1 · Art. 11, v2
text before / after
02016R1037-20171220 → 02016R1037-20180608
Article 11
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 subsidisation and injury, and they shall be investigated simultaneously.
For the … 495 unchanged words … 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 by the Commission in so far as it is subsequently confirmed in writing.
7. The complainants, Union producers, the government of the country of origin and/or export, trade unions, importers and exporters and their representative associations, users and consumer organisations, which have made themselves known in accordance with the second subparagraph of Article 10(12), may, upon written request, inspect all information made available to the Commission 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 is not confidential within the meaning of Article 29, 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 circumstances provided for in Article 28, 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 10(11), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall in all cases be concluded within 13 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 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. Throughout the investigation, the Commission shall afford the country of origin and/or export a reasonable opportunity to continue consultations with a view to clarifying the factual situation and arriving at a mutually agreed solution.11. Union producers of the like product are requested to cooperate with the Commission in investigations that have been initiated pursuant to Article 10(8).
12. 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.