Hearing Officer in Trade Proceedings

What are trade proceedings?

The Commission is responsible for implementing EU legislation on international trade. It also investigates unfair practices in international trade that affect EU businesses and consumers, and dramatic shifts in trade flows into or out of the EU. The administrative procedures it follows and the measures it applies when carrying out these tasks are called 'trade proceedings' or 'investigations'.

Scope of the Hearing Officer’s mandate 

The Hearing Officer is tasked with intervening in matters specifically relating to anti-dumping measures, anti-subsidy measures, safeguards, trade barriers, the EU’s Generalised Scheme of Preferences (GSP), ensuring fair pricing of vessels and fair competition in air services, and implementing rulings of the World Trade Organisation and the European Court of Justice.

In trade proceedings, the Hearing Officer safeguards the effective exercise of the procedural rights of the interested parties. The Hearing Officer ensures that trade proceedings are handled impartially, fairly and within a reasonable timeframe. For administrative purposes, the Hearing Officer is attached to the EU commissioner responsible for trade and economic security. The Hearing Officer acts independently from the Commission service responsible for the investigation and does not take instructions in fulfilling the tasks assigned. The Hearing Officer is assisted by a Secretariat composed of a secretary/assistant and a legal adviser. 

Role and powers 

The primary role of the Hearing Officer is to guarantee the rights of defence of interested parties laid down in Article 41 of the EU Charter of Fundamental Rights, and thereby contribute to ensuring that the rules are implemented in an objective and transparent manner in trade proceedings. The Hearing Officer has access to any case file without any restrictions.

The Hearing Officer has been empowered by the president of the European Commission to take decisions, and has the power to overrule the Commission service responsible for the investigation on some matters (in particular access to files, confidentiality, non-discrimination, and the extension of deadlines). 

The Hearing Officer can make recommendations to the Commission services responsible for the investigation on any issue concerning the rights of the interested parties who have requested the intervention of the Hearing Officer. Importantly, the Hearing Officer does not review the determination made by the service on substantive matters – compliance with EU law is a matter for the EU courts to decide; rather, the Hearing Officer examines whether the Commission service respected the procedural rights granted to interested parties and fully complied with the principle of good administration. 

The Hearing Officer also issues reports of its activities (such as annual reports addressed to the EU trade and economic security commissioner, the European Parliament, and EU Member States). 

The Hearing Officer provides advice to the commissioner or director-general of the competent DG on any matter arising from a trade proceeding or otherwise relevant for the effective application of EU law in trade proceedings, as well as legislative proposals affecting his or her competences.

The Hearing Officer is a decision-maker on certain issues and a mediator/adviser on other matters. He or she is not part of the investigation team or a judge. Substantive matters are for the service to determine; the Hearing Officer only intervenes to ensure that those determinations respect the procedural rights of the parties. Therefore, interested parties (or more generally citizens or undertakings) are invited to contact the relevant Commission service responsible for an investigation (DG TRADE’s general enquiries).

Who can call upon the Hearing Officer?

The Hearing Officer may be called upon by any interested party whose interests are likely to be affected by a trade proceeding (such as exporters, EU producers, importers or users), EU Member States, other Commission services, and the authorities of any non-EU country concerned. Entities not directly affected by specific trade proceedings – such as representatives of academia, the media, lobby groups, or political parties – cannot call upon the Hearing Officer. 

Instructions for contacting the Hearing Officer

In principle, interested parties should first try to find a solution with the Commission services. If this is not possible, any request for the intervention of the Hearing Officer should be made in writing and should state the issues to be brought to the attention of the Hearing Officer, including an explanation of how the applicant's rights of defence are affected. Requests for the Hearing Officer to intervene must be submitted in good time and expeditiously, so as not to jeopardise the orderly conduct of the proceeding.

Further information

• Frequently asked questions
• Commission Decision (EU) 2019/339 outlining the function and terms of reference of the Hearing Officer in Trade Proceedings
• Annual Report