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Regulation (EU) 2016/1035 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2016/1035 of the European Parliament and of the Council of 8 June 2016 on protection against injurious pricing of vessels (codification)
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Article 4U.K.Definition of Union industry
1.For the purposes of this Regulation, the term ‘Union industry’ shall be interpreted as referring to the Union producers as a whole capable of producing a like vessel with their present facilities or whose facilities can be adapted in a timely manner to produce a like vessel, or to those of them whose collective capability to produce a like vessel constitutes a major proportion, as defined in Article 5(6), of the total Union capability to produce a like vessel. However, when producers are related to the shipbuilder, exporters or buyers, or are themselves buyers of the allegedly injuriously priced vessel, the term ‘Union industry’ may be interpreted as referring to the rest of the producers.
2.For the purpose of paragraph 1, producers shall be considered to be related to the shipbuilder, exporters or buyers only if:
(a)one of them directly or indirectly controls the other;
(b)both of them are directly or indirectly controlled by a third person; or
(c)together they directly or indirectly control a third person, provided that there are grounds for believing or suspecting that the effect of the relationship is such as to cause the producer concerned to behave differently from non-related producers.
For the purpose of this paragraph, one shall be deemed to control another when the former is legally or operationally in a position to exercise restraint or direction over the latter.
3.The provisions of Article 3(8) shall be applicable to this Article.
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