The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

In cases where one or more States Parties have conducted an investigation of an ambiguous event in an area beyond the jurisdiction or control of any State before a request is made for an on-site inspection in that area, any results of such investigation may be taken into account by the Executive Council in its deliberations pursuant to Article IV.

The co-operation may - in addition to the exchange of operational information - involve all other tasks of Europol mentioned in the Europol Convention, in particular the exchange of specialist knowledge, strategic intelligence, general situation reports, information on investigative procedures, information on crime prevention methods, participation in training activities as well as providing advice and support in individual investigations.

During the on-site investigation at Republica's premises it was found that certain domestic sales, which were wrongly reported as having been made subject to standard cash payment terms, were found in fact to have been settled by means of compensation in a compensatory agreement.

On-site investigations may be made under the authority of the Commission and in accordance with the relevant provisions of Article 21.

Furthermore, as the present investigation is an expiry review, it allows analysis of a situation in which anti-dumping measures have already been in place and to assess any undue negative impact on the parties concerned by the current anti-dumping measures.

(1) If an undertaking against which procedure has been initiated unjustifiably supplies to the Office incorrect data, if it refuses to submit to the investigative procedure, if it in any other way obstructs the investigation, if it fails to submit the required documents by the specified deadline, or if an individual person obliged to give an oral explanation fails to do so, the Office may by order impose on the offender a monetary fine of from SIT 500,000 to SIT 1,000,000.

The Commission received four questionnaire replies from ethanolamines users, two of which were considered complete and were followed up by an on-site investigation.

During the second and more detailed on-site investigation, by which the reply to the exporters' questionnaire was verified and after MET had been granted, the Commission found that certain cost elements, i.e. the prices paid for the zinc raw material, were unreliable.

(17) During the on-site investigation at Republica's premises it was found that certain domestic sales, which were wrongly reported as having been made subject to standard cash payment terms, were found in fact to have been settled by means of compensation in a compensatory agreement.

The present investigation has shown that the latter had a positive effect on the situation of the Community industry.

It should be noted that the Community industry was in a loss making situation of around - 7 % on turnover during the investigation period of the original investigation (July to December 1993).

The purpose of the investigation is to evaluate the effect of the dumped imports on the economic situation of the Community industry during the IP.

(4) The Botswanan authorities are carrying out emergency vaccination and investigations on the outbreak in order to assess the situation in the country.

The purpose of the injury investigation is to evaluate the effect of the dumped imports on the economic situation of the Community industry during the IP.

However, the. purpose of the investigation is to evaluate the effect of the countervailable imports on the economic situation of the Community industry during the IP.

In its assessment of whether or not a company should be granted MET, the Commission bases its conclusions mostly on the situation during the investigation period (IP).

As concerns the impact on the situation of the Community industry of the magnitude of the actual margin of dumping found during the investigation period, it should be noted that the margin found for China is significantly higher than that found in the original investigation.

(39) It should be noted that the purpose of the injury investigation is to evaluate the effect of the dumped imports on the economic situation of the Community industry during the IP.

Therefore, in line with the approach taken in the original investigation, it was decided to express the economic indicators relating to the situation of the Community industry and the situation on the Community market in terms of numbers of television camera heads ('TCHs').

In this case the antidumping duty was based on the dumping margin mentioned above since the investigation, pursuant to Article 11 (4) of the Basic Regulation, was limited to the examination of the situation of dumping of the company concerned and the country-wide injury margin of the original investigation was higher.

The present investigation is a review, analysing a situation in which anti-dumping measures were already in place and its remit is thus to assess any undue negative impact of the measures on the parties concerned.

The purpose of an anti-dumping investigation is to evaluate the effect of the dumped imports on the situation of the Community industry during the IP, which is the period for which the existence of dumping is examined.

Where the task consists of monitoring the examinations referred to in Article 6, monitoring the inspections referred to in Article 13(1), or making the investigations referred to in Article 15(1) and Article 16(3), no decision may be taken on-site.

In assessing the situation of the Community industry it should be noted that, since the imposition of antidumping measures on imports of bicycles originating in China, imports from other third countries have also been subject to anti-dumping investigations.

Furthermore, as the present investigation is an expiry review, it allows analysis of a situation in which anti-dumping measures have already been in place and to assess any undue negative impact on the parties concerned by the current anti-dumping measures.

As concerns the impact on the situation of the Community industry of the magnitude of the actual margin of dumping found during the investigation period, it should be noted that the margins found for Japan and the Peo` le's Republic of China are not negligible.

On the basis of a further examination of the financial situation of the Community industry the Commission established that profits increased from 2,58 % in 1988 to 4 % in 1989 and further to 5,11 % in 1990. In the investigation period profits decreased to 4,81 %.

Furthermore, the fact that the present investigation is a review, thus analysing a situation in which anti-dumping measures have already been in place, allows the assessment of any undue negative impact on the parties concerned by the current anti- dumping measures.

Furthermore, the fact that the present investigation is a review, thus analysing a situation in which anti-dumping measures have already been in place, would allow the assessment of any undue negative impact on the parties concerned by the current anti-dumping measures.

Thus, should a review of the measures in place be carried out in the future, the situation of these products would have to be re-examined, on the basis of the information gathered in that investigation, in order to determine whether such exclusion would still be justified.

In the present investigation, it was found that anti-dumping duties should be imposed on imports of the product concerned originating in Indonesia and therefore, it is necessary to determine whether, and to what extent, the subsidy and the dumping margins arise from the same situation.

Consequently, the fact that the deterioration of the Community industry has been attributed during this investigation period to Indonesia does not affect the analysis of the future behaviour in the Community market of Chinese exporters and its likely effect on the situation of the Community industry.

Consequently, the fact that the deterioration of the Community industry has been attributed during this investigation period to Indonesia, does not affect the analysis of the future behaviour in the Community market of Chinese exporters and its likely effect on the situation of the Community industry.

Therefore, it was concluded that the deterioration in sales prices observed in the investigation on the Community market, in particular as from 1997, and the deterioration in the economic situation of the Community industry cannot be explained by a general weakness in the overall market for the product concerned.

In the present investigation, it was found that a definitive anti-dumping duty should be imposed on imports of the product concerned originating in Australia, Indonesia and Thailand and therefore, it is necessary to determine whether, and to what extent, the subsidy and the dumping margins arise from the same situation.

Accordingly, the Commission, while maintaining the same calculation methodology, made an adaptation of the production and export sales figures of this company, based on verified data from companies in a normal commercial production situation in order to allocate the benefit conferred by the subsidy during the investigation period.

The rationale behind Article 14(1) of the basic Regulation is indeed to avoid any duplication of duties intended to counteract the same situation arising from dumping or export subsidisation, and therefore, countervailing duties resulting from export subsidies have to be deducted regardless of the investigation period on the basis of which they were determined.

In accordance with Article 8(7) of the basic Regulation, the Commission services have examined whether factors other than the subsidised imports from India might have had an effect on the situation of the Community industry, with particular regard to the role of other Community producers not cooperating in the investigation and of imports from other third countries.

In accordance with Article 8(7) of the Basic Regulation, the Commission services have examined whether factors other than the subsidised imports from India might have had an effect on the situation of the Community industry, with particular regard to the role of other Community producers not cooperating in the investigation and of imports from other third countries.

Upon notification of the final findings of the investigation and before applying safeguard measures pursuant to the provisions of Article XIX of the GATT 1994 and of the WTO Agreement on Safeguards, the Party intending to apply such measures shall refer the matter to the Association Committee for a thorough examination of the situation with a view to seeking a mutually acceptable solution.

It was also claimed that measures were against the Community interest as the production capacity of the Community industry was insufficient to meet Community demand and as a possible duopolistic situation based on the two Community producers could result from the closure of the market to imports from India and also from the PRC, which is itself subject to the parallel anti-dumping investigation.

It also follows from the purpose of this type of investigation where, inter alia, the effect of dumped imports from one or more countries into the Community are at issue (and not the effect of dumped imports into third country markets) that injury of the Community industry must be found to exist on the domestic market only and that the situation with respect to exports or on export markets is therefore irrelevant in the context of the injury assessment.

The significant increase of the sales volume (around 1 250 %) and of the market shares of the subsidised imports (from 0,3 % to 3,3 %) between 1994 and the investigation period as well as the substantial price undercutting found (26 % on weighted average for India) coincided with the deterioration of the situation of the Community industry in terms of loss of market shares, price depression as well as deteriorating profitability.

Consequently, with regard to the current expiry investigation, the fact that the deterioration of the Community industry has been attributed during a certain period to the presence of other third countries, namely Poland and Ukraine, in the context of another anti-dumping proceeding, does not affect the analysis of the future behaviour in the Community market of Russian exporters and its likely effect on the situation of the Community industry.

On-site investigations may be made under the authority of the Commission and in accordance with the relevant provisions of Article 21. The necessary measures may be adopted, including those whereby it may be decided whether measures taken by the Member States should be rescinded or amended, under the procedure laid down in Article 19. The Commission shall follow the development of the situation and, under the same procedure, shall amend or repeal, as that development requires, the said measures.

Therefore, on the basis of their administrative autonomy, all the institutions, bodies and offices and agencies should entrust to the Office the task of conducting internal administrative investigations with a view to bringing to light serious situations relating to the discharge of professional duties which may constitute a failure to comply with the obligations of officials and servants of the Communities, as referred to in Articles 11, 12, second and third paragraphs, 13, 14, 16 and 17, first paragraph, of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (hereinafter referred to as 'the Staff Regulations'), detrimental to the interests of those Communities and liable to result in disciplinary or, in appropriate cases, criminal proceedings, or serious misconduct, as referred to in Article 22 of the Staff Regulations, or a failure to comply with the analogous obligations of the Members or staff of the European Parliament not subject to the Staff Regulations;

During the on-site investigation at Republica's premises it was found that certain domestic sales, which were wrongly reported as having been made subject to standard cash payment terms, were found in fact to have been settled by means of compensation in a compensatory agreement.

The Botswanan authorities are carrying out emergency vaccination and investigations on the outbreak in order to assess the situation in the country.

However, the purpose of the investigation is to evaluate the effect of the countervailable imports on the economic situation of the Community industry during the IP.