Article 19 — Right to be heard and access to the file in the procedure for imposing fines or periodic penalty payments

1. Before adopting a decision pursuant to Article 15 or 16, the Commission shall give the licensee the opportunity to be heard on the alleged infringement. 2. The licensee may submit observations on the alleged infringement within a reasonable period set by the Commission. That period shall not be less than 14 days from the notification of the invitation to submit observations. 3. The Commission shall base its decision pursuant to Article 15 or 16 only on arguments on which the parties concerned have been given an opportunity to comment. 4. The rights of defence of the parties shall be fully respected in the proceedings. They shall be entitled to have access to the Commission’s file under the terms of a negotiated disclosure, subject to the legitimate interests of the right holder or of the licensee, or of any other person concerned in the protection of their commercially sensitive information and trade secrets. The Commission shall have the power to adopt decisions setting out such terms of a negotiated disclosure in the event of disagreement between the parties. The right of access to the Commission’s file referred to in the first subparagraph shall not extend to confidential information and internal documents of the Commission, of other competent authorities or of public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement. 5. If the Commission considers it necessary, it may also hear natural or legal persons other than the licensee. Applications to be heard on the part of such persons shall be granted, where those persons show a sufficient interest.