If the court considers that the evidence provided is insufficient, it may, where national law so allows, request the creditor to provide additional documentary evidence.

(44) In order to ensure uniform conditions for the implementation of this Regulation as regards imports, implementing powers should be conferred on the Commission in respect of measures determining the processed agricultural products to which additional import duties should apply in order to prevent or counteract adverse effects on the Union market, measures for the application of those additional import duties as regards time limits for proving the import price, for the submission of documentary evidence, and for determining the level of the additional import duties, measures fixing the representative prices and trigger volumes for the ...[+++]purposes of applying additional import duties , measures on the format and the content of the import licence for ovalbumin and lactalbumin, on the submission of applications and the issuing and use of those import licences, on their period of validity, on the procedure for lodging a security in respect of those licences and its amount, on the evidence needed to prove that the requirements for the use of those licences have been fulfilled, on the level of tolerance as regards compliance with the obligation to import the quantity mentioned in the import licence, and on the issuing of replacement and duplicate import licences, measures on the treatment of import licences by the Member States, as well as on the exchange of information needed for the management of the system of import licences for ovalbumin and lactalbumin, including the procedures relating to specific administrative assistance between Member States , to the calculation of import duties and to the fixing of the level of import duties for processed agricultural products in the implementation of international arrangements.

The danger is that US interlocutors accept the EU’s own narrative as fact, rather than as a story presented as a documentary but with a lot of misleading and fictional content.

In that context, it should be mandatory for the claimant to cite some evidence he could rely on to prove the correctness of his allegations without having to actually submit documentary evidence to the court.

In the amendment we clarified with respect to documentation presented at the hearing that the documentation could be both written and oral, documentation as differing from evidence.

(a) in those cases where there is a presumption of overpayment, on-the-spot checks are required to supplement the (inadequate) documentary evidence currently available;