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Tackling unfair trade

Hearing officer

Hearing-officer - Illustration credit: faungg

The EU Commission uses an independent mediator – the Hearing Officer – to guarantee due process and the right of defence in trade proceedings.

For guidance on the hearings process, see Practical information

This web page is intended to offer guidance. It is not a legal text. It will be reviewed and updated periodically in the light of the evolution of the Hearing Officer's function.

The Hearing Officer has two main roles:

  • Guarantor of rights of defence (in trade proceedings before the EU Commission)
    • The hearing officer ensures that:
      • interested parties are duly heard (in writing and orally; he chairs on request hearings with an individual interested party or a group of interested parties with similar interests and all hearings among interested parties with different interests)
      • all relevant arguments and facts presented by interested parties are duly considered
      • interested parties have access to the file
      • information is treated confidentially when necessary and business secrets are protected, and
      • the affairs of interested parties are handled impartially, fairly and within a reasonable time
  • Advisory role:
    • The hearing officer:
      • advises the Commissioner and the Director General for Trade at the European Commission on issues related to due process and good administration in trade proceedings
      • presents observations on any matter arising out of trade proceedings
Why a hearing officer for DG Trade?

The Hearing Officer responds to requests for greater transparency and impartiality. He reinforces the Commission's commitment to guaranteeing due process in trade proceedings.

The function builds upon the existing legal framework and a Decision of the President of the European Commission of 29 February 2012 on the function and terms of reference of the hearing officer in certain trade proceedings. The right of defence is a basic principle in trade proceedings and part of the right to due process in administrative proceedings enshrined in Article 41 of the EU Charter of Fundamental Rights. The possibility to refer a case to the hearing officer is an additional guarantee that these rights will be respected by the Commission.

Who is the hearing officer?

The hearing officer:

  • is an official of the Commission experienced in trade defence issues
  • works independently from the Commission departments conducting trade proceedings
  • is attached, for administrative purposes, to the EU Commissioner for Trade

Supporting information