65Although, under the Basic Regulation, it is for the Commission, as the investigating authority, to determine whether the product involved in the anti-dumping procedure has been dumped and causes injury when put into free circulation in the Community, and it may not therefore offload part of the burden of proof which it bears in that regard (see, to that effect, Case T-121/95 EFMA v Council [1997] ECR II-2391, paragraph 74, and Acme v Council, paragraph 64 above, paragraph 40), the fact remains that the Basic Regulation does not give the Commission any power of investigation allowing it to compel the producers or exporters complained of to participate in the investigation or to produce information. In those circumstances, the Council and the Commission depend on the voluntary cooperation of the parties in supplying the necessary information within the time-limits set. In that context, the replies of those parties to the questionnaire referred to in Article 6(2) of the Basic Regulation, and the subsequent on-the-spot verification which the Commission may carry out under Article 16 of that regulation, are essential to the operation of the anti-dumping procedure. The risk that, where the undertakings concerned in the investigation do not cooperate, the institutions may take into account information other than that supplied in reply to the questionnaire is inherent in the anti-dumping procedure and is designed to encourage the honest and diligent cooperation of those undertakings (see, to that effect, Acme v Council, paragraph 64 above, paragraphs 42 to 44, and Case T-210/95 EFMA v Council [1999] ECR II-3291, paragraph 71).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.