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Version status: Published | Document consolidation status: Currently being formatted
Version date: 12 December 2024 - onwards

Article 20 Decisions regarding the violation of Article 3

1. The lead competent authority shall assess all information and evidence gathered pursuant to Chapter III, and, on that basis, establish whether the products, that have been placed or made available on the market or are being exported, are in violation of Article 3, within a reasonable period of time from the date it initiated the investigation pursuant to Article 18 (1). The lead competent authority shall endeavour to adopt the decision referred to in paragraph 4 of this Article or close the investigation within 9 months from the date it initiated the investigation.

2. Notwithstanding paragraph 1 of this Article, the lead competent authority may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 17(1) and Article 18(3), in particular where, in response to a request for information, an economic operator or a public authority:

(a) refuses to provide the information requested without a valid justification;

(b) fails to provide the information requested within the time limit prescribed without a valid justification;

(c) provides incomplete or incorrect information with the objective of blocking the investigation;

(d) provides misleading information; or