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Regulation (EU) 2016/400 of the European Parliament and of the Council of 9 March 2016 implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part article 4 CELEX: 32016R0400 Initiation of proceedings
1. Proceedings shall be initiated by the Commission upon request by a Member State or by any legal person or any association not having legal personality acting on behalf of the Union industry, or on the Commission’s own initiative, if it is apparent to the Commission that there is sufficient prima facie evidence, as determined on the basis of the factors referred to in Article 5(5), to justify such initiation. 2. The request shall generally contain the following information: the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports and changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment regarding the Union industry. 3. Proceedings may also be initiated in the event that there is a surge in imports concentrated in one or several Member States, provided that there is sufficient prima facie evidence, as determined on the basis of the factors referred to in Article 5(5), to justify such initiation. |
Regulation (EU) 2016/400 of the European Parliament and of the Council of 9 March 2016 implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part article 4 CELEX: 32016R0400 4. A Member State shall inform the Commission if trends in imports from the Republic of Moldova appear to call for safeguard measures. That information shall include the evidence mentioned in paragraphs 1 and 2, and, if applicable, in paragraph 3. 5. The Commission shall inform the Member States when it receives a request to initiate proceedings or when it considers the initiation of proceedings to be appropriate on its own initiative pursuant to paragraph 1. 6. Where it is apparent that there is sufficient prima facie evidence to justify the initiation of proceedings, the Commission shall initiate such proceedings and shall publish a notice of initiation of investigations in the Official Journal of the European Union. Initiation of proceedings shall take place within 1 month of receipt by the Commission of the request pursuant to paragraph 1. |
Regulation (EU) 2016/400 of the European Parliament and of the Council of 9 March 2016 implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part article 4 CELEX: 32016R0400 7. The notice referred to in paragraph 6 shall: (a) contain a summary of the information received and require that all relevant information be communicated to the Commission; (b) state the period within which interested parties may make known their views in writing and submit information to the Commission, if such views and information are to be taken into account during the proceedings; (c) state the period within which interested parties may apply to be heard orally by the Commission in accordance with Article 5(9). |