| REGULATION (EU) 2023/956 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL |
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Article 27 Circumvention規避行為 1. The Commission shall take action in accordance with this Article, based on relevant and objective data, to address practices of circumvention of this Regulation.委員會應依本條規定,基於相關客觀數據,採取行動應對規避本條例的行為。 2. Practices of circumvention shall be defined as a change in the pattern of trade in goods, which stems from a practice, process or work, for which there is insufficient due cause or economic justification other than to avoid, wholly or partially, any of the obligations laid down in this Regulation. Such practice, process or work may consist of, but is not limited to:規避行為是指貨物貿易模式的改變,這種改變源於某種做法、過程或作業,且除全部或部分規避本條例規定的任何義務外,並無充分的正當理由或經濟依據。此類做法、流程或作業包括但不限於:
3. The Commission shall continuously monitor the situation at Union level with a view to identifying practices of circumvention, including by way of market surveillance or on the basis of any relevant source of information, such as submissions by, and reporting from, civil society organisations.委員會應持續監測歐盟層面的情況,以識別規避行為,包括透過市場監管或依據任何相關資訊來源(例如民間社會組織的提交和報告)進行監測。 4. A Member State or any party that has been affected by, or has benefited from, any of the situations referred to in paragraph 2 may notify the Commission if it is confronted with practices of circumvention. Interested parties other than directly affected or benefited parties, such as environmental organisations and non-governmental organisations, which find concrete evidence of practices of circumvention may also notify the Commission任何會員國或任何受第2款所述情況影響或從中受益的當事方,如發現規避行為,均可向委員會發出通知。除直接受影響或受益方外的其他利害關係人,例如環境組織和非政府組織,如發現規避行為的具體證據,也可向委員會發出通知。 5. The notification referred to in paragraph 4 shall state the reasons on which it is based and shall include relevant data and statistics to support the claim of circumvention of this Regulation. The Commission shall initiate an investigation into a claim of circumvention either where it has been notified by a Member State, or by an affected, benefited or other interested party, provided that the notification meets the requirements referred to in this paragraph, or where the Commission itself determines that such an investigation is necessary. In carrying out the investigation, the Commission may be assisted by the competent authorities and customs authorities. The Commission shall conclude the investigation within nine months from the date of notification. Where an investigation has been initiated, the Commission shall notify all competent authorities.第4款所述的通知應說明其依據,並應包含支持規避本條例指控的相關數據和統計資料。委員會應就規避指控展開調查,無論該指控是由成員國、受影響方、受益方或其他利害關係人通知,且該通知符合本款所述要求;或由委員會自行認定有必要展開調查。在進行調查時,主管機關和海關當局可協助委員會。委員會應自收到通知之日起九個月內完成調查。調查啟動後,委員會應通知所有主管機關。 6. Where the Commission, taking into account the relevant data, reports and statistics, including those provided by customs authorities, has sufficient reasons to believe that the circumstances referred to in paragraph 2, point (a) of this Article, are occurring in one or more Member States by way of an established pattern, it is empowered to adopt delegated acts in accordance with Article 28 to amend the list of goods in Annex I by adding the relevant slightly modified products referred to in paragraph 2, point (a), of this Article, for anti-circumvention purposes.如果委員會考慮到相關數據、報告和統計資料(包括海關當局提供的數據、報告和統計資料),並有充分理由相信本條第2款(a)項所述情況在一個或多個成員國以既定模式發生,則委員會有權根據第28條通過授權法案,修訂以反規貨物清單,將本條第2款(a)項所述的其中作修改。 |