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Decision of the President of the European Commission of 29 February 2012 on the function and terms of reference of the hearing officer in certain trade proceedings (2012/199/EU)
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Article 4Principles of intervention of the hearing officer
1.In performing his duties, the hearing officer shall act independently. The hearing officer shall not take instructions in fulfilling his tasks.
2.In performing his duties, the hearing officer shall take account of the need for effective application of the basic Regulations in accordance with the Union legislation in force and the principles laid down by the Court of Justice of the European Union.
3.In the exercise of his function, the hearing officer shall have access without restriction and undue delay to any files pertaining to a trade proceeding at any time of the proceeding.
4.The hearing officer shall make decisions as provided for in this Decision and may make recommendations to the Commission services responsible for the investigation on any issue concerning the rights of the interested parties who requested his intervention. The hearing officer shall seek to ensure that in the preparation of draft Commission legal acts or proposals, due account is taken of all the relevant facts, whether favourable or unfavourable to the parties concerned.
5.The hearing officer shall be kept informed by the Director responsible or his delegate about the development of the procedure in which the hearing officer has intervened until the adoption of a final legal act by the Commission or the Council, as applicable. The hearing officer shall be informed without delay of any substantial change of the Commission’s position at the definitive stage of the trade proceedings in order to assess any potential impact on the rights of the interested parties.
6.The hearing officer shall advise the member of the Commission responsible for trade policy and where appropriate the Director-General concerning the follow-up on his recommendations and, when necessary, on possible remedies.
7.The hearing officer shall be consulted by the Director responsible on changes or updates of policy regarding procedural matters and substantive issues having an impact on the rights of interested parties as defined in Article 2 of this Decision. The hearing officer may be consulted on any other issue arising from a trade proceeding.
8.The hearing officer may present to the member of the Commission responsible for trade policy, and the Director-General for Trade where necessary, observations and recommendations on any matter arising out of a trade proceeding.
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