1.   For the purposes of this Regulation, the following definitions apply:

2.   For the purposes of this Regulation, the notion of ‘providers of services’ in the context of both the term ‘Union industry’ and the term ‘Union enterprise’ is without prejudice to the non-commercial nature which the provision of any particular service may have according to the legislation or regulation of a Member State.

1.   Any natural or legal person, or any association not having legal personality, acting on behalf of a Union industry which considers that it has suffered injury as a result of obstacles to trade that have an effect on the market of the Union may lodge a written complaint.

2.   The complaint shall contain sufficient evidence of the existence of the obstacles to trade and of the injury resulting therefrom. Evidence of injury shall be given on the basis of the illustrative list of factors set out in Article 11, where applicable.

1.   Any Union enterprise, or any association, having or not legal personality, acting on behalf of one or more Union enterprises, which considers that such Union enterprises have suffered adverse trade effects as a result of obstacles to trade that have an effect on the market of a third country may lodge a written complaint.

2.   The complaint shall contain sufficient evidence of the existence of the obstacles to trade and of the adverse trade effects resulting therefrom. Evidence of adverse trade effects shall be given on the basis of the illustrative list of factors set out in Article 11, where applicable.

1.   The complaints referred to in Articles 3 and 4 shall be submitted to the Commission, which shall send a copy thereof to the Member States.

2.   The complaint may be withdrawn, in which case the procedure may be terminated unless such termination would not be in the interests of the Union.

3.   Where it becomes apparent that the complaint does not provide sufficient evidence to justify initiating an investigation, the complainant shall be informed accordingly.

The Commission shall inform the Member States where it decides that the complaint does not provide sufficient evidence to justify initiating an investigation.

4.   The Commission shall take a decision as soon as possible on the opening of a Union examination procedure following any complaint made in accordance with Article 3 or 4.

The decision shall be taken within 45 days of the lodging of the complaint. That period may be suspended at the request, or with the agreement, of the complainant, in order to allow for the provision of complementary information which may be needed to fully assess the validity of the complainant’s case.

1.   Any Member State may ask the Commission to initiate the procedures referred to in Article 1.

2.   The Member State shall supply the Commission with sufficient evidence to support its request, as regards obstacles to trade and of any effects resulting therefrom. Where evidence of injury or of adverse trade effects is appropriate, it shall be given on the basis of the illustrative list of factors set out in Article 11, where applicable.

3.   The Commission shall notify the other Member States of the requests without delay.

4.   Where it becomes apparent that the request does not provide sufficient evidence to justify initiating an investigation, the Member State shall be informed accordingly.

The Commission shall inform the Member States where it decides that the request does not provide sufficient evidence to justify initiating an investigation.

5.   The Commission shall take a decision as soon as possible on the opening of a Union examination procedure following any request by a Member State made in accordance with this Article. The decision shall be taken within 45 days of the request. That period may be suspended at the request, or with the agreement, of the referring Member State, in order to allow for the provision of complementary information which may be needed to fully assess the validity of the case presented by the referring Member State.

1.   The Commission shall be assisted by the Trade Barriers Committee (‘the Committee’). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

1.   Where it is apparent to the Commission that there is sufficient evidence to justify initiating an examination procedure and that it is necessary in the interest of the Union, the Commission shall:

The Commission shall inform the Member States where it decides that the complaint provides sufficient evidence to justify initiating an investigation.

2.   Where necessary, the Commission shall:

The Commission shall be assisted in its investigations by officials of the Member State in whose territory the checks are carried out, provided that the Member State in question so requests.

3.   Member States shall supply the Commission, upon request, with all information necessary for the examination, in accordance with the detailed arrangements laid down by the Commission.

4.   The complainants and the exporters and importers concerned and the representatives of the country or countries concerned may:

5.   The Commission may hear the parties concerned. It shall hear them if they have, within the period prescribed in the notice published in the Official Journal of the European Union, made a written request for a hearing showing that they are a party primarily concerned by the result of the procedure.

6.   The Commission shall, on request, give the parties primarily concerned an opportunity to meet, so that opposing views may be presented and any rebuttal argument put forward. In providing this opportunity the Commission shall take account of the wishes of the parties and of the need to preserve confidentiality. There shall be no obligation on any party to attend a meeting and failure to do so shall not be prejudicial to that party’s case.

7.   Where the information requested by the Commission is not supplied within a reasonable time or where the investigation is significantly impeded, findings may be made on the basis of the facts available.

8.   When it has concluded its examination the Commission shall report to the Committee. The report shall be presented within five months of the announcement of initiation of the procedure, unless the complexity of the examination is such that the Commission extends the period to seven months.

1.   Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.

2.   The Commission and the Member States, including the officials of either, shall not reveal any information of a confidential nature received pursuant to this Regulation, or any information provided on a confidential basis by a party to an examination procedure, without specific permission from the party submitting such information.

Each request for confidential treatment shall indicate why the information is confidential and shall be accompanied by a non-confidential summary of the information or a statement of the reasons why the information is not capable of being summarised.

3.   Information shall be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.

4.   Where it appears that a request for confidentiality is not warranted and if the supplier is unwilling either to make the information public or to authorise its disclosure in generalised or summary form, the information in question may be disregarded.

5.   This Article shall not preclude the disclosure of general information by the Union authorities and in particular of the reasons on which decisions taken pursuant to this Regulation are based. Such disclosure shall take into account the legitimate interest of the parties concerned that their business secrets shall not be divulged.

1.   An examination of injury shall involve, where applicable, the following factors:

2.   Where a threat of injury is alleged, the Commission shall also examine whether it is clearly foreseeable that a particular situation is likely to develop into actual injury. In this regard, account may also be taken of factors such as:

3.   Injury caused by other factors which, either individually or in combination, are also adversely affecting the Union industry shall not be attributed to the practices under consideration.

4.   Where adverse trade effects are alleged, the Commission shall examine the impact of such adverse effects on the economy of the Union or of a region of the Union, or on a sector of economic activity therein. To this effect, the Commission may take into account, where relevant, factors of the type listed in paragraphs 1 and 2. Adverse trade effects may arise, inter alia, in situations in which trade flows concerning a product or service are prevented, impeded or diverted as a result of any obstacle to trade, or from situations in which obstacles to trade have materially affected the supply or inputs, for example parts and components or raw materials, to Union enterprises. Where a threat of adverse trade effects is alleged, the Commission shall also examine whether it is clearly foreseeable that a particular situation is likely to develop into actual adverse trade effects.

5.   The Commission shall also, in examining evidence of adverse trade effects, have regard to the provisions, principles or practice which govern the right of action under relevant international rules referred to in Article 2(1)(a).

6.   The Commission shall further examine any other relevant evidence contained in the complaint or in the request. In this respect, the list of factors and the indications given in paragraphs 1 to 5 are not exhaustive, nor can one or several of such factors and indications necessarily give decisive guidance as to the existence of injury or of adverse trade effects.

1.   When it is found, as a result of the examination procedure conducted pursuant to Article 9, that the interests of the Union do not require any action to be taken, the procedure shall be terminated by the Commission acting in accordance with the examination procedure referred to in Article 7(3).

2.   When, after an examination procedure conducted pursuant to Article 9, the third country or countries concerned take(s) measures which are considered satisfactory, and therefore no action by the Union is required, the procedure may be suspended by the Commission acting in accordance with the advisory procedure referred to in Article 7(2).

The Commission shall supervise the application of those measures, where appropriate on the basis of information supplied at intervals, which it may request from the third countries concerned and check as necessary.

Where the measures taken by the third country or countries concerned have been rescinded, suspended or improperly implemented or where the Commission has grounds for believing this to be the case or, where information requested by the Commission pursuant to the second subparagraph of this paragraph has not been provided, the Commission shall inform the Member States, and where necessary and justified by the results of the investigation and the new facts available, any measures shall be taken in accordance with Article 14(2).

3.   Where, either after an examination procedure conducted pursuant to Article 9, or at any time before, during or after an international dispute settlement procedure, it appears that the most appropriate means of resolving a dispute arising from an obstacle to trade is the conclusion of an agreement with the third country or countries concerned which may change the substantive rights of the Union and of the third country or countries concerned, the procedure shall be suspended by the Commission acting in accordance with the advisory procedure referred to in Article 7(2), and negotiations shall be carried out in accordance with the provisions of Article 207 of the Treaty.

1.   Where it is found, as a result of the examination procedure conducted pursuant to Article 9, unless the factual and legal situation is such that an examination procedure may not be required, that action is necessary in the interests of the Union in order to ensure the exercise of the Union’s rights under international trade rules, with a view to removing the injury or the adverse trade effects resulting from obstacles to trade that are adopted or maintained by third countries, the appropriate measures shall be determined in accordance with the procedure laid down in Article 14.

2.   Where the Union’s international obligations require the prior discharge of an international procedure for consultation or for the settlement of disputes, the measures referred to in paragraph 3 shall only be determined after that procedure has been terminated, and taking account of the results of the procedure. In particular, where the Union has requested an international dispute settlement body to indicate and authorise the measures which are appropriate for the implementation of the results of an international dispute settlement procedure, the Union commercial policy measures which may be needed in consequence of such authorisation shall be in accordance with the recommendation of such international dispute settlement body.

3.   Any commercial policy measures may be taken which are compatible with existing international obligations and procedures, notably:

4.   The corresponding decisions shall state the reasons on which they are based and shall be published in the Official Journal of the European Union. Publication shall also be deemed to constitute notification to the countries and parties primarily concerned.

1.   Where the Union, as a result of a complaint pursuant to Article 3 or Article 4, or of a request pursuant to Article 6, follows formal international consultation or dispute settlement procedures, decisions relating to the initiation, conduct or termination of such procedures shall be taken by the Commission.

The Commission shall inform the Member States in the event that it decides to initiate, conduct or terminate formal international consultations or dispute settlement procedures.

2.   Where the Union, having acted in accordance with Article 13(2), has to take a decision on the measures of commercial policy to be adopted pursuant to the third subparagraph of Article 12(2) or pursuant to Article 13, it shall act, without delay, in accordance with Article 207 of the Treaty and, as appropriate, Regulation (EU) No 654/2014 of the European Parliament and of the Council (6) or any other applicable procedures.