Article 16Non-cooperation

1. The Commission may take a decision pursuant to Article 10, Article 11, Article 25(3), point (c) or Article 31(2), on the basis of the facts available, where an undertaking under investigation or a third country that granted the foreign subsidy:

(a)

provides incomplete, incorrect or misleading information in response to a request for information under Article 13;

(b)

fails to provide the information requested within the time limit prescribed by the Commission;

(c)

refuses to submit to the Commission’s inspection within or outside the Union ordered under Article 14 or Article 15; or

(d)

otherwise impedes the preliminary review or the in-depth investigation.

2. Where an undertaking or association of undertakings, a Member State or the third country has supplied incorrect or misleading information to the Commission, that information shall be disregarded.

3. Where an undertaking, including a public undertaking which is directly or indirectly controlled by the State, fails to provide the necessary information to determine whether a financial contribution confers a benefit on it, that undertaking may be deemed to have received such benefit.

4. When applying facts available, the result of the procedure may be less favourable to the undertaking than if it had cooperated.