PERMISSION FROM THE SUPPLIER OF SUCH INFORMATION .
( B ) EACH REQUEST FOR CONFIDENTIALITY SHALL STATE THE REASONS WHY THE INFORMATION IS CONFIDENTIAL .
HOWEVER , IF IT APPEARS THAT A REQUEST FOR CONFIDENTIALITY IS UNJUSTIFIED AND IF THE SUPPLIER OF THE INFORMATION WISHES NEITHER TO MAKE IT PUBLIC NOR TO AUTHORIZE ITS DISCLOSURE IN GENERAL TERMS OR IN THE FORM OF A SUMMARY , THE INFORMATION CONCERNED MAY BE DISREGARDED .
3 . INFORMATION WILL IN ANY CASE BE CONSIDERED TO BE CONFIDENTIAL IF ITS DISCLOSURE IS LIKELY TO HAVE A SIGNIFICANTLY ADVERSE EFFECT UPON THE SUPPLIER OR THE SOURCE OF SUCH INFORMATION .
4 . THE ABOVE PARAGRAPHS SHALL NOT PRECLUDE REFERENCE BY THE COMMUNITY AUTHORITIES TO GENERAL INFORMATION AND IN PARTICULAR TO REASONS ON WHICH DECISIONS TAKEN IN PURSUANCE OF THIS REGULATION ARE BASED . THESE AUTHORITIES MUST , HOWEVER , TAKE INTO ACCOUNT THE LEGITIMATE INTEREST OF THE LEGAL AND NATURAL PERSONS CONCERNED THAT THEIR BUSINESS SECRETS SHOULD NOT BE DIVULGED .
ARTICLE 9
1 . THE EXAMINATION OF THE TREND OF IMPORTS , OF THE CONDITIONS IN WHICH THEY TAKE PLACE AND OF THE SUBSTANTIAL INJURY OR THREAT OF SUBSTANTIAL INJURY TO COMMUNITY PRODUCERS RESULTING FROM SUCH IMPORTS , SHALL COVER IN PARTICULAR THE FOLLOWING FACTORS :
( A ) THE VOLUME OF IMPORTS , IN PARTICULAR WHERE THERE HAS BEEN A SIGNIFICANT INCREASE , EITHER IN ABSOLUTE TERMS OR RELATIVE TO PRODUCTION OR CONSUMPTION IN THE COMMUNITY ;
( B ) THE PRICES OF THE IMPORTS , IN PARTICULAR WHERE THERE HAS BEEN A SIGNIFICANT PRICE UNDERCUTTING AS COMPARED WITH THE PRICE OF A LIKE PRODUCT IN THE COMMUNITY ;
( C ) THE CONSEQUENT IMPACT ON THE COMMUNITY PRODUCERS OF SIMILAR OR DIRECTLY COMPETITIVE PRODUCTS AS INDICATED BY TRENDS IN CERTAIN ECONOMIC FACTORS SUCH AS :
- PRODUCTION ,
- UTILIZATION OF CAPACITY ,
- STOCKS ,
- SALES ,
- MARKET SHARE ,
- PRICES ( I.E . DEPRESSION OF PRICES OR PREVENTION OF PRICE INCREASES WHICH WOULD NORMALLY HAVE OCCURRED ) ,
- PROFITS ,
- RETURN ON CAPITAL EMPLOYED ,
- CASH FLOW ,
- EMPLOYMENT .
2 . WHERE A THREAT OF SERIOUS INJURY IS ALLEGED THE COMMISSION SHALL ALSO EXAMINE WHETHER IT IS CLEARLY FORESEEABLE THAT A PARTICULAR SITUATION IS LIKELY TO DEVELOP INTO ACTUAL INJURY . IN THIS REGARD ACCOUNT MAY BE TAKEN OF FACTORS SUCH AS :
( A ) RATE OF INCREASE OF THE EXPORTS TO THE COMMUNITY ;
( B ) EXPORT CAPACITY IN THE COUNTRY OF ORIGIN OR EXPORT , ALREADY IN EXISTENCE OR WHICH WILL BE OPERATIONAL IN THE FORESEEABLE FUTURE , AND THE LIKELIHOOD THAT THE RESULTING EXPORTS WILL BE TO THE COMMUNITY .
TITLE IV
SURVEILLANCE
ARTICLE 10
1 . WHERE DEVELOPMENTS ON THE MARKET IN RESPECT OF A PRODUCT ORIGINATING IN A THIRD COUNTRY COVERED BY THIS REGULATION THREATEN TO CAUSE INJURY TO COMMUNITY PRODUCERS OF LIKE OR DIRECTLY COMPETING PRODUCTS AND WHERE THE INTERESTS OF THE COMMUNITY