Open on EUR-Lex ↗

Article 18 - Investigations

Article 18
Investigations

1. The lead competent authority that determines, pursuant to paragraphs 3 or 4 of Article 17, that there is a substantiated concern that there has been a violation of Article 3, shall initiate an investigation on the products and economic operators concerned and inform the economic operators subject to the investigation, within 3 working days of the date of the decision to initiate such investigation, of the following:

((a))

the initiation of the investigation and the possible consequences thereof;

((b))

the products subject to the investigation;

((c))

the reasons for the initiation of the investigation, unless it would jeopardise the outcome of the investigation;

((d))

the right of the economic operators to submit documents or information to the lead competent authority, and the date by which such information is to be submitted.

2. The lead competent authority shall communicate, through the information and communication system referred to in Article 7(1), that an investigation has been initiated pursuant to paragraph 1 of this Article.

3. Where requested by the lead competent authority, economic operators under investigation shall submit any information that is relevant and necessary for the investigation, including information identifying the products under investigation and, where appropriate, identifying the part of the product to which the investigation should be limited, as well as the manufacturer, producer, product supplier, the importer or the exporter of those products or parts thereof. In requesting such information, the lead competent authority shall, to the extent possible, prioritise the economic operators under investigation involved in the steps of the supply chain as close as possible to where the forced labour is likely occurring, and take into account the size and economic resources of the economic operators, in particular whether the economic operator is an SME, the quantity of products concerned, the complexity of the supply chain, as well as the scale of suspected forced labour. Where necessary, economic operators may request support from a contact point referred to in Article 10 on how to engage with the lead competent authority.

4. The lead competent authority shall set a deadline of at least 30 working days and no longer than 60 working days for economic operators to submit the information referred to in paragraph 3. Economic operators may request an extension of that deadline with a justification. When deciding whether to grant such an extension, the lead competent authority shall consider the size and economic resources of the economic operators concerned, including whether the economic operator is an SME.

5. The lead competent authority may collect information from or interview any relevant natural or legal person who consents to be interviewed for the purpose of collecting information relating to the subject matter of the investigation, including relevant economic operators or any other stakeholders.

6. The lead competent authority may, where necessary, carry out all necessary checks and inspections in accordance with Article 19.

Official text · the act as published Open full page ↗
8 queries · page built in 9 msInventory f82bbfa3