CHAPTER 7

INTERIM REPORT AND RIGHT TO MAKE OBSERVATIONS

Interim report and observations
Article 14
1
The hearing officer shall submit an interim report to the competent member of the Commission on the hearing and the conclusions he or she draws with regard to the respect for the effective exercise of procedural rights. The observations in this report shall concern procedural issues including the following:
a
disclosure of documents and access to the file;
b
time limits for replying to the statement of objections;
c
the observance of the right to be heard;
d
the proper conduct of the oral hearing.
A copy of the report shall be given to the Director-General for Competition, to the director responsible and to the other competent services of the Commission.
2
In addition to, and separately from, the report referred to in paragraph 1, the hearing officer may make observations on the further progress and impartiality of the proceedings. In so doing, the hearing officer shall seek to ensure in particular that, in the preparation of draft Commission decisions, due account is taken of all the relevant facts, whether favourable or unfavourable to the parties concerned, including the factual elements relevant to the gravity and duration of any infringement. Such observations may relate to, inter alia, the need for further information, the withdrawal of certain objections, the formulation of further objections or suggestions for further investigative measures pursuant to Chapter V of Regulation (EC) No 1/2003.
The Director-General for Competition, the director responsible and the Legal Service shall be informed of such observations.