# Official Journal C 271/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 271 |
| | |
| English edition | Information and Notices | Volume 6017 August 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 271

English edition

Information and Notices

Volume 6017 August 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 271/01 | Non-opposition to a notified concentration (Case M.8551 — Advent International/Faerch Plast Group) (
  1
  ) | 1 |
| 2017/C 271/02 | Non-opposition to a notified concentration (Case M.8582 — Letterone/Holland & Barrett) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 271/01

Non-opposition to a notified concentration (Case M.8551 — Advent International/Faerch Plast Group) (
  1
  )

1

1

2017/C 271/02

Non-opposition to a notified concentration (Case M.8582 — Letterone/Holland & Barrett) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 271/03 | Euro exchange rates | 2 |
| 2017/C 271/04 | Euro exchange rates | 3 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2017/C 271/05 | Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licenses on the Norwegian Continental Shelf — 24th licensing round | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 271/03

Euro exchange rates

2

2017/C 271/04

Euro exchange rates

3

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2017/C 271/05

Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licenses on the Norwegian Continental Shelf — 24th licensing round

4

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2017/C 271/06 | Action brought on 2 June 2017 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-4/17) | 7 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2017/C 271/07 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia | 9 |
| 2017/C 271/08 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia | 15 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 271/09 | Prior notification of a concentration (Case M.8587 — Bridgepoint/Groupe Primonial) — Candidate case for simplified procedure (
  1
  ) | 26 |
| 2017/C 271/10 | Prior notification of a concentration (Case M.8414 — DNB/Nordea/Luminor Group) (
  1
  ) | 27 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2017/C 271/06

Action brought on 2 June 2017 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-4/17)

7

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2017/C 271/07

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia

9

2017/C 271/08

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia

15

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 271/09

Prior notification of a concentration (Case M.8587 — Bridgepoint/Groupe Primonial) — Candidate case for simplified procedure (
  1
  )

1

26

2017/C 271/10

Prior notification of a concentration (Case M.8414 — DNB/Nordea/Luminor Group) (
  1
  )

1

27

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 17.8.2017 | EN | Official Journal of the European Union | C 271/1 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/1

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Non-opposition to a notified concentration

(Case M.8551 — Advent International/Faerch Plast Group)

(Text with EEA relevance)

(2017/C 271/01)

On 2 August 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8551. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8551. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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| 17.8.2017 | EN | Official Journal of the European Union | C 271/1 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/1

---

Non-opposition to a notified concentration

(Case M.8582 — Letterone/Holland & Barrett)

(Text with EEA relevance)

(2017/C 271/02)

On 10 August 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8582. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8582. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 17.8.2017 | EN | Official Journal of the European Union | C 271/2 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/2

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Euro exchange rates (1)

15 August 2017

(2017/C 271/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1744 |
| JPY | Japanese yen | 129,67 |
| DKK | Danish krone | 7,4371 |
| GBP | Pound sterling | 0,91145 |
| SEK | Swedish krona | 9,4835 |
| CHF | Swiss franc | 1,1417 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,3538 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,142 |
| HUF | Hungarian forint | 304,15 |
| PLN | Polish zloty | 4,2791 |
| RON | Romanian leu | 4,5725 |
| TRY | Turkish lira | 4,1457 |
| AUD | Australian dollar | 1,4980 |
| CAD | Canadian dollar | 1,4960 |
| HKD | Hong Kong dollar | 9,1874 |
| NZD | New Zealand dollar | 1,6121 |
| SGD | Singapore dollar | 1,6042 |
| KRW | South Korean won | 1 336,43 |
| ZAR | South African rand | 15,6499 |
| CNY | Chinese yuan renminbi | 7,8488 |
| HRK | Croatian kuna | 7,3933 |
| IDR | Indonesian rupiah | 15 694,68 |
| MYR | Malaysian ringgit | 5,0452 |
| PHP | Philippine peso | 60,359 |
| RUB | Russian rouble | 70,4414 |
| THB | Thai baht | 39,090 |
| BRL | Brazilian real | 3,7540 |
| MXN | Mexican peso | 20,9441 |
| INR | Indian rupee | 75,3025 |

Currency

Exchange rate

USD

US dollar

1,1744

JPY

Japanese yen

129,67

DKK

Danish krone

7,4371

GBP

Pound sterling

0,91145

SEK

Swedish krona

9,4835

CHF

Swiss franc

1,1417

ISK

Iceland króna

NOK

Norwegian krone

9,3538

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,142

HUF

Hungarian forint

304,15

PLN

Polish zloty

4,2791

RON

Romanian leu

4,5725

TRY

Turkish lira

4,1457

AUD

Australian dollar

1,4980

CAD

Canadian dollar

1,4960

HKD

Hong Kong dollar

9,1874

NZD

New Zealand dollar

1,6121

SGD

Singapore dollar

1,6042

KRW

South Korean won

1 336,43

ZAR

South African rand

15,6499

CNY

Chinese yuan renminbi

7,8488

HRK

Croatian kuna

7,3933

IDR

Indonesian rupiah

15 694,68

MYR

Malaysian ringgit

5,0452

PHP

Philippine peso

60,359

RUB

Russian rouble

70,4414

THB

Thai baht

39,090

BRL

Brazilian real

3,7540

MXN

Mexican peso

20,9441

INR

Indian rupee

75,3025

---

(1)  Source: reference exchange rate published by the ECB.

---

| 17.8.2017 | EN | Official Journal of the European Union | C 271/3 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/3

---

Euro exchange rates (1)

16 August 2017

(2017/C 271/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1710 |
| JPY | Japanese yen | 129,79 |
| DKK | Danish krone | 7,4367 |
| GBP | Pound sterling | 0,90993 |
| SEK | Swedish krona | 9,4820 |
| CHF | Swiss franc | 1,1406 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,3115 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,044 |
| HUF | Hungarian forint | 304,05 |
| PLN | Polish zloty | 4,2749 |
| RON | Romanian leu | 4,5821 |
| TRY | Turkish lira | 4,1319 |
| AUD | Australian dollar | 1,4903 |
| CAD | Canadian dollar | 1,4908 |
| HKD | Hong Kong dollar | 9,1597 |
| NZD | New Zealand dollar | 1,6151 |
| SGD | Singapore dollar | 1,6022 |
| KRW | South Korean won | 1 334,97 |
| ZAR | South African rand | 15,4975 |
| CNY | Chinese yuan renminbi | 7,8393 |
| HRK | Croatian kuna | 7,3935 |
| IDR | Indonesian rupiah | 15 656,22 |
| MYR | Malaysian ringgit | 5,0335 |
| PHP | Philippine peso | 60,146 |
| RUB | Russian rouble | 69,6423 |
| THB | Thai baht | 38,971 |
| BRL | Brazilian real | 3,7129 |
| MXN | Mexican peso | 20,8174 |
| INR | Indian rupee | 75,1665 |

Currency

Exchange rate

USD

US dollar

1,1710

JPY

Japanese yen

129,79

DKK

Danish krone

7,4367

GBP

Pound sterling

0,90993

SEK

Swedish krona

9,4820

CHF

Swiss franc

1,1406

ISK

Iceland króna

NOK

Norwegian krone

9,3115

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,044

HUF

Hungarian forint

304,05

PLN

Polish zloty

4,2749

RON

Romanian leu

4,5821

TRY

Turkish lira

4,1319

AUD

Australian dollar

1,4903

CAD

Canadian dollar

1,4908

HKD

Hong Kong dollar

9,1597

NZD

New Zealand dollar

1,6151

SGD

Singapore dollar

1,6022

KRW

South Korean won

1 334,97

ZAR

South African rand

15,4975

CNY

Chinese yuan renminbi

7,8393

HRK

Croatian kuna

7,3935

IDR

Indonesian rupiah

15 656,22

MYR

Malaysian ringgit

5,0335

PHP

Philippine peso

60,146

RUB

Russian rouble

69,6423

THB

Thai baht

38,971

BRL

Brazilian real

3,7129

MXN

Mexican peso

20,8174

INR

Indian rupee

75,1665

---

(1)  Source: reference exchange rate published by the ECB.

---

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 17.8.2017 | EN | Official Journal of the European Union | C 271/4 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/4

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Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Announcement of invitation to apply for petroleum production licenses on the Norwegian Continental Shelf — 24th licensing round

(2017/C 271/05)

The Norwegian Ministry of Petroleum and Energy hereby announces an invitation to apply for petroleum production licenses in accordance with Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons, Article 3(2)(a).

Production licenses will only be awarded to joint stock companies registered in Norway or in another state party to the Agreement on the European Economic Area (the EEA-Agreement), or to natural persons domiciled in a state party to the EEA-Agreement.

Companies which are not licensees on the Norwegian Continental Shelf may be awarded production licenses if they are prequalified as licensees on the Norwegian Continental Shelf.

Individual companies and companies applying as part of a group will be treated on equal terms by the Ministry. Applicants submitting an individual application, or applicants being part of a group submitting a joint application, will all be considered as an applicant for a production license. The Ministry may, on the basis of applications submitted by groups or individual applicants, compose groups of licensees to be awarded a new production license, including removing applicants in a group application and adding individual applicants, as well as appoint the operator for such groups.

The award of a participating interest in a production license will be subject to the licensees' entering into an Agreement for Petroleum Activities, including a Joint Operating Agreement and an Accounting Agreement. If the production license is stratigraphically divided, the licensees of the two stratigraphically divided licenses will also be required to enter into a specific Joint Operating Agreement, regulating the relationship between them in this respect.

Upon signing the said agreements the licensees will form a joint venture in which the size of their participating interest will at all times be identical to their participating interest in the production license.

The license documents will mainly be based on relevant documents from the Awards in Predefined Areas 2016 and 23rd licensing round. The aim is to make the main elements of any adjustments to the framework available to the industry prior to the time of application.

Criteria for the award of a production license

To promote good resource management and rapid and efficient exploration for and production of petroleum on the Norwegian Continental Shelf, including the composition of license groups to ensure this, the following criteria shall apply to the award of participating interests in production licenses and to the appointment of operator:

| (a) | The applicant's geological understanding of the geographical area in question, and how the licensees propose to perform efficient exploration for petroleum. |
| --- | --- |

(a)

The applicant's geological understanding of the geographical area in question, and how the licensees propose to perform efficient exploration for petroleum.

| (b) | The relevant technical expertise of the applicant, and how this expertise may actively contribute to cost effective exploration and, as appropriate, the production of petroleum from the geographical area in question. |
| --- | --- |

(b)

The relevant technical expertise of the applicant, and how this expertise may actively contribute to cost effective exploration and, as appropriate, the production of petroleum from the geographical area in question.

| (c) | The applicant's experience on the Norwegian Continental Shelf or equivalent relevant experience from other areas. |
| --- | --- |

(c)

The applicant's experience on the Norwegian Continental Shelf or equivalent relevant experience from other areas.

| (d) | That the applicant has the satisfactory financial capacity to carry out exploration for and, as appropriate, production of petroleum in the geographical area in question. |
| --- | --- |

(d)

That the applicant has the satisfactory financial capacity to carry out exploration for and, as appropriate, production of petroleum in the geographical area in question.

| (e) | If the applicant is or has been a licensee in a production license, the Ministry may take into account any form of inefficiency or lack of accountability demonstrated by the applicant as a licensee. |
| --- | --- |

(e)

If the applicant is or has been a licensee in a production license, the Ministry may take into account any form of inefficiency or lack of accountability demonstrated by the applicant as a licensee.

| (f) | Production licenses will mainly be awarded to a joint venture where at least one licensee has drilled at least one well on the Norwegian Continental Shelf as operator or has equivalent relevant operational experience outside the NCS. |
| --- | --- |

(f)

Production licenses will mainly be awarded to a joint venture where at least one licensee has drilled at least one well on the Norwegian Continental Shelf as operator or has equivalent relevant operational experience outside the NCS.

| (g) | Production licenses will mainly be awarded to two or more licensees, where at least one has experience as mentioned under f). |
| --- | --- |

(g)

Production licenses will mainly be awarded to two or more licensees, where at least one has experience as mentioned under f).

| (h) | The appointed operator for production licenses in the Barents Sea must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. |
| --- | --- |

(h)

The appointed operator for production licenses in the Barents Sea must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS.

| (i) | For production licenses in deep waters, both the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production license one licensee must have drilled in deep waters as operator. |
| --- | --- |

(i)

For production licenses in deep waters, both the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production license one licensee must have drilled in deep waters as operator.

| (j) | For production licenses where drilling of exploration wells in high pressure and/or high temperature (HPHT) is expected, the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production license one licensee must have drilled a HTHP-well as operator. |
| --- | --- |

(j)

For production licenses where drilling of exploration wells in high pressure and/or high temperature (HPHT) is expected, the appointed operator and at least one other licensee must have drilled at least one well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the NCS. In the production license one licensee must have drilled a HTHP-well as operator.

Blocks available for application

Applications for petroleum production licences may be submitted for the following blocks or parts of blocks in the Norwegian Sea and the Barents Sea:

| | 6201/6 |
| --- | --- |

6201/6

| | 6202/4 |
| --- | --- |

6202/4

| | 6408/4, 7 |
| --- | --- |

6408/4, 7

| | 6503/8, 11, 12 |
| --- | --- |

6503/8, 11, 12

| | 6504/10, 11 |
| --- | --- |

6504/10, 11

| | 7018/1, 4, 5 |
| --- | --- |

7018/1, 4, 5

| | 7116/6 |
| --- | --- |

7116/6

| | 7117/4, 5 |
| --- | --- |

7117/4, 5

| | 7130/6, 9, 12 |
| --- | --- |

7130/6, 9, 12

| | 7131/1, 2, 3, 4, 7, 8, 10, 11, 12 |
| --- | --- |

7131/1, 2, 3, 4, 7, 8, 10, 11, 12

| | 7218/1, 2, 3 |
| --- | --- |

7218/1, 2, 3

| | 7225/2, 3 |
| --- | --- |

7225/2, 3

| | 7226/1, 4, 5, 6, 7, 8, 9 |
| --- | --- |

7226/1, 4, 5, 6, 7, 8, 9

| | 7227/4, 7, 12 |
| --- | --- |

7227/4, 7, 12

| | 7228/10 |
| --- | --- |

7228/10

| | 7233/3 |
| --- | --- |

7233/3

| | 7234/1 |
| --- | --- |

7234/1

| | 7318/4, 5, 6, 7 |
| --- | --- |

7318/4, 5, 6, 7

| | 7319/4, 5, 6 |
| --- | --- |

7319/4, 5, 6

| | 7320/1, 2, 3, 4, 5, 6 |
| --- | --- |

7320/1, 2, 3, 4, 5, 6

| | 7321/1, 2, 3, 6 |
| --- | --- |

7321/1, 2, 3, 6

| | 7322/1, 2, 4, 5, 8 |
| --- | --- |

7322/1, 2, 4, 5, 8

| | 7323/5, 6 |
| --- | --- |

7323/5, 6

| | 7324/4 |
| --- | --- |

7324/4

| | 7325/2, 3, 6, 8, 9 |
| --- | --- |

7325/2, 3, 6, 8, 9

| | 7326/4, 7, 8, 9 |
| --- | --- |

7326/4, 7, 8, 9

| | 7327/7, 8 |
| --- | --- |

7327/7, 8

| | 7329/2, 3 |
| --- | --- |

7329/2, 3

| | 7330/1, 2 |
| --- | --- |

7330/1, 2

| | 7332/9 |
| --- | --- |

7332/9

| | 7333/7 |
| --- | --- |

7333/7

| | 7334/10, 11 |
| --- | --- |

7334/10, 11

| | 7335/4, 5, 6 |
| --- | --- |

7335/4, 5, 6

| | 7420/12 |
| --- | --- |

7420/12

| | 7421/10, 11, 12 |
| --- | --- |

7421/10, 11, 12

| | 7422/10, 11, 12 |
| --- | --- |

7422/10, 11, 12

| | 7423/10 |
| --- | --- |

7423/10

| | 7426/10, 11 |
| --- | --- |

7426/10, 11

Each production license may comprise one or more blocks or part of block(s).

The full text of the announcement, including detailed maps of available areas may be found on the web-page of the Norwegian Petroleum Directorate www.npd.no

Applications for petroleum production licenses shall be submitted to:

| Ministry of Petroleum and Energy |
| --- |
| P.O. Box 8148 Dep. |
| NO-0033 Oslo |
| NORWAY |

Ministry of Petroleum and Energy

P.O. Box 8148 Dep.

NO-0033 Oslo

NORWAY

Two copies shall be submitted to

| The Norwegian Petroleum Directorate |
| --- |
| Professor Olav Hanssens vei 10 |
| 4021 Stavanger |
| NORWAY |

The Norwegian Petroleum Directorate

Professor Olav Hanssens vei 10

4021 Stavanger

NORWAY

Deadline: 12.00 (noon) on 30 November 2017.

The award of petroleum production licenses in the 24th licensing round on the Norwegian Continental Shelf is planned to take place first half of 2018.

The work program for each new license in the 24th licensing round will be made public at the time of awards.

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 17.8.2017 | EN | Official Journal of the European Union | C 271/7 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/7

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Action brought on 2 June 2017 by the EFTA Surveillance Authority against the Kingdom of Norway

(Case E-4/17)

(2017/C 271/06)

An action against the Kingdom of Norway was brought before the EFTA Court on 2 June 2017 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Maria Moustakali, Øyvind Bø and Marlene Lie Hakkebo, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

| 1. | The Kingdom of Norway has breached provisions of the Act referred to at point 2 of Annex XVI to the EEA Agreement, Directive 2004/18/EC of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (1), by incorrectly classifying a public contract and by carrying out a tender procedure for the construction and operation of an underground car park under Torvet in Kristiansand which is not in line with the requirements under the EEA rules on public procurement. Specifically, the Kingdom of Norway has:






  i. | incorrectly described the subject matter of the public contract by failing to use the correct, or at any rate a complete and sufficiently precise, set of CPV codes, in breach of Article 58(2) of the Directive, in conjunction with Article 1(14) of the Directive and the Act referred to at point 6a of Annex XVI to the EEA Agreement (Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the CPV); |
| --- | --- | --- |

1.

The Kingdom of Norway has breached provisions of the Act referred to at point 2 of Annex XVI to the EEA Agreement, Directive 2004/18/EC of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (1), by incorrectly classifying a public contract and by carrying out a tender procedure for the construction and operation of an underground car park under Torvet in Kristiansand which is not in line with the requirements under the EEA rules on public procurement. Specifically, the Kingdom of Norway has:

i.

incorrectly described the subject matter of the public contract by failing to use the correct, or at any rate a complete and sufficiently precise, set of CPV codes, in breach of Article 58(2) of the Directive, in conjunction with Article 1(14) of the Directive and the Act referred to at point 6a of Annex XVI to the EEA Agreement (Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the CPV);

| ii. | failed to publish a contract notice EEA-wide in the Official Journal of the European Union and the TED database in accordance with the legal requirements laid down in Article 58 of the Directive and; |
| --- | --- |

ii.

failed to publish a contract notice EEA-wide in the Official Journal of the European Union and the TED database in accordance with the legal requirements laid down in Article 58 of the Directive and;

| iii. | not respected the minimum time limit for the submission of applications in an award procedure, as prescribed by Article 59 of the Directive. |
| --- | --- |

iii.

not respected the minimum time limit for the submission of applications in an award procedure, as prescribed by Article 59 of the Directive.

| 2. | The Kingdom of Norway bears the costs of the proceedings. |
| --- | --- |

2.

The Kingdom of Norway bears the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | In April 2015, the Municipality of Kristiansand in southern Norway launched a tender procedure for the construction and operation of a large underground car park underneath the main town square, known as ‘Torvet’, in Kristiansand. |
| --- | --- |

—

In April 2015, the Municipality of Kristiansand in southern Norway launched a tender procedure for the construction and operation of a large underground car park underneath the main town square, known as ‘Torvet’, in Kristiansand.

| — | ESA claims that the project was not tendered out as a public works concession. Instead, the project was incorrectly described as being merely for the provision of ‘parking services’ and the tender procedure did not comply with the detailed rules laid down in EEA law governing public works concession tenders, notably Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. |
| --- | --- |

—

ESA claims that the project was not tendered out as a public works concession. Instead, the project was incorrectly described as being merely for the provision of ‘parking services’ and the tender procedure did not comply with the detailed rules laid down in EEA law governing public works concession tenders, notably Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts.

| — | ESA seeks a declaration that Norway has: incorrectly described the subject matter of the public contract by failing to use the correct, or at any rate a complete and sufficiently precise set of CPV codes; failed to publish a contract notice EEA-wide in the Official Journal of the European Union and the TED database; and not respected the minimum time limit for the submission of applications in an award procedure. |
| --- | --- |

—

ESA seeks a declaration that Norway has: incorrectly described the subject matter of the public contract by failing to use the correct, or at any rate a complete and sufficiently precise set of CPV codes; failed to publish a contract notice EEA-wide in the Official Journal of the European Union and the TED database; and not respected the minimum time limit for the submission of applications in an award procedure.

| — | The specific contract in issue was expressed as concerning the ‘design, construction, financing and the operation of an underground car park’. The tender was published in the Norwegian national notification database for public procurement, Doffin, on 20 April 2015, using the CPV code equivalent for ‘parking services’. |
| --- | --- |

—

The specific contract in issue was expressed as concerning the ‘design, construction, financing and the operation of an underground car park’. The tender was published in the Norwegian national notification database for public procurement, Doffin, on 20 April 2015, using the CPV code equivalent for ‘parking services’.

| — | According to the contract notice, the value of the contract has been estimated to be between 24 000 000 and 100 000 000 NOK. |
| --- | --- |

—

According to the contract notice, the value of the contract has been estimated to be between 24 000 000 and 100 000 000 NOK.

| — | Only one tender was submitted within the prescribed deadline on 15 May 2015. The tender was revised after negotiations, and the contract was eventually awarded on 24 June 2015 and signed by the parties on 29 June 2015. |
| --- | --- |

—

Only one tender was submitted within the prescribed deadline on 15 May 2015. The tender was revised after negotiations, and the contract was eventually awarded on 24 June 2015 and signed by the parties on 29 June 2015.

---

(1)  OJ L 134, 30.4.2004, p. 114

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 17.8.2017 | EN | Official Journal of the European Union | C 271/9 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/9

---

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia

(2017/C 271/07)

The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’).

1.   Request for review

The request for review was lodged by PJSC Acron and PJSC Dorogobuzh, exporting producers from Russia (‘the country concerned’) and their affiliated trading company Agronova Europe AG, Switzerland (collectively referred to as ‘the applicant’).

The partial interim review is limited in scope to the examination of dumping as far as the applicant is concerned.

2.   Product under review

The product subject to this review is solid fertilisers with an ammonium nitrate content exceeding 80 % by weight (‘the product under review’), currently falling within CN codes ex 3102 29 00, 3102 30 90, 3102 40 90, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 20. These CN codes are only given for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) No 999/2014 (2) as last amended by Commission Implementing Regulation (EU) 2016/226 (3).

4.   Grounds for the review

The request pursuant to Article 11(3) is based on prima facie evidence, provided by the applicant, that, as far as the applicant is concerned, and as far as dumping is concerned, the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature.

The applicant alleges that circumstances have changed since the last investigation period and that they are of a lasting nature since they relate to: (i) the withdrawal of the applicant's undertaking on 23 March 2016 and subsequent substantial changes in its EU sales structure, notably the re-direction of all direct sales to the EU via its related sales company, Agronova Europe AG, as well as changes to its corporate and domestic sales' structure; and (ii) significant increases of the prices of the main raw material, namely natural gas, in Russia.

Therefore, the applicant alleges that the continued imposition of the measures at the existing level, which was based on the level of injury previously established, appears to be no longer necessary to offset the effects of injurious dumping as previously established.

5.   Procedure

Having determined, after informing the Member States, that sufficient evidence exists to justify the initiation of a partial interim review limited to the examination of dumping, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation.

The investigation will also assess the need for the continuation, removal or amendment of the existing measures in respect of the applicant.

5.1.   
  Review investigation period and period considered

The investigation of dumping will cover the period from 1 July 2016 to 30 June 2017 (‘the review investigation period’).

5.2.   
  Procedure for the determination of the applicant's dumping margin

5.2.1.   Investigating the exporting producer

In order to obtain the information it deems necessary for its investigation with regard to the applicant, the Commission will send a questionnaire to the applicant.

The applicant must submit the completed questionnaire within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

5.2.2.   Investigating unrelated importers
   (4)
   (5)

Unrelated importers of the product under review from Russia to the Union, including those that did not cooperate in the investigation(s) leading to the measures in force, are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this Interim review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to this Notice.

In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.

5.3.   
  Written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.

In order to obtain the information it deems necessary for its investigation with regard to the applicant, the Commission will send questionnaires to the applicant. In addition, the Commission may send questionnaires to interested parties that have come forward. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.

5.4.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.5.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (6).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1049 Brussels |
| BELGIQUE/BELGIË |
| E-mail: TRADE-AN-R669@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Brussels

BELGIQUE/BELGIË

E-mail: TRADE-AN-R669@ec.europa.eu

6.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to dumping.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7).

---

(1)  OJ L 176, 30.6.2016, p. 21.

(2)  Commission Implementing Regulation (EU) No 999/2014 of 23 September 2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 280, 24.9.2014, p. 19).

(3)  Commission Implementing Regulation (EU) 2016/226 of 17 February 2016 amending Commission Implementing Regulation (EU) No 999/2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 41, 18.2.2016, p. 13).

(4)  Importers that are related to exporting producer have to fill in the questionnaire in the Annex for this exporting producer. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

(5)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of export price.

(6)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(7)  OJ L 8, 12.1.2001, p. 1.

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ANNEX

Image

☐ ‘Limited’ version (1)

☐ ‘Version for inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF AMMONIUM NITRATE ORIGINATING IN RUSSIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.2.2 of the Notice of Initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER AND SALES VOLUME

Describe the types of ammonium nitrate imported by your company (for example agricultural, technical, stabilised/‘dirty’...).

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight or volume for imports into the Union (2) and resales on the Union market after importation from Russia, during the review investigation period (1 July 2016 to 30 June 2017), of ammonium nitrate as defined in the Notice of Initiation and the corresponding weight or volume. State the unit of weight or volume used. Distinguish by type of ammonium nitrate as applicable.

Unit of measurement: Tonne

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under review into the Union

Resales on the Union market after importation from Russia of the product under review

(1) This document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Croatia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the United Kingdom.

Image

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location

Activities

Relationship

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

4. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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| 17.8.2017 | EN | Official Journal of the European Union | C 271/15 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/15

---

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia

(2017/C 271/08)

The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’).

1.   Request for review

The request for review was lodged by eight farmers' associations namely IFA, UPA, NFU, Coop de France, Confagricoltura, AGPB, MTK and Agricoltori Italiani representing users from Ireland, Spain, the United Kingdom, France, Italy and Finland (‘the applicants’).

The partial interim review is limited in scope to the examination of injury.

2.   Product under review

The product subject to this review is solid fertilisers with an ammonium nitrate content exceeding 80 % by weight (‘the product under review’), currently falling within CN codes ex 3102 29 00, 3102 30 90, 3102 40 90, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 20. These CN codes are only given for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) No 999/2014 (2) as last amended by Commission Implementing Regulation (EU) 2016/226 (3).

4.   Grounds for the review

The request pursuant to Article 11(3) is based on prima facie evidence, provided by the applicants, that, as far as the applicants are concerned, and as far as injury is concerned, the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature.

The applicants allege that circumstances have changed as compared to the market situation in 2002, as the current level of the measures was established in that year, and that they are of a lasting nature.

The applicants claim, among others, that since 2002 the Union industry restructured and a significant market concentration took place. In addition, the applicants claim that the determination of the injury margin in 2002 was based on a narrower product scope covering only two CN codes. Finally, they claim that the cost structure of production in the Union changed, since the cost of gas, the main raw material, decreased significantly over the past years, which had a positive impact on the economic situation of the Union producers.

Therefore, the applicants allege that the continued imposition of the measures at the existing level, which was based on the level of injury previously established, appears to be no longer necessary to offset the effects of injurious dumping as previously established.

5.   Procedure

Having determined, after informing the Member States, that sufficient evidence exists to justify the initiation of a partial interim review limited to the examination of injury, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation.

5.1.   
  Review investigation period and period considered

The investigation of injury will cover the period from 1 July 2016 to 30 June 2017 (‘the review investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2014 to the end of the review investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of injury

5.2.1.   Investigating exporting producers

Exporting producers (4) of the product under review from Russia, including those that did not cooperate in the investigation(s) leading to the measures in force, are invited to participate in the Commission investigation.

5.2.1.1.   Procedure for selecting exporting producers to be investigated in Russia

Sampling

In view of the potentially large number of exporting producers in the Russia involved in this interim review and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to this Notice.

In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of Russia and may contact any known associations of exporting producers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers and to the authorities of Russia.

All exporting producers selected to be in the sample, will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’).

5.3.   
  Investigating unrelated importers

   (5)
   (6)

Unrelated importers of the product under review from Russia to the Union, including those that did not cooperate in the investigation(s) leading to the measures in force, are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this Interim review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex II to this Notice.

In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.

5.4.   
  Investigating Union producers

Sampling

In view of the potentially large number of Union producers involved in this interim review and in order to complete the investigation within the statutory time limits, the Commission may limit the Union producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all Union producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation(s) leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex III to this Notice.

In order to obtain the information it deems necessary for the selection of the sample of Union producers, the Commission may contact any known associations of Union producers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the Union producers may be selected based on the largest representative volume of sales in the Union which can reasonably be investigated within the time available. All known Union producers and associations of Union producers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation with regard to Union producers, the Commission will send questionnaires to the Union producers selected to be in the sample and to any known association of Union producers.

All Union producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

5.5.   
  Other written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.

5.6.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.7.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: TRADE-AN-R674@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: TRADE-AN-R674@ec.europa.eu

6.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to injury.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

---

(1)  OJ L 176, 30.6.2016, p. 21.

(2)  Commission Implementing Regulation (EU) No 999/2014 of 23 September 2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 280, 24.9.2014, p. 19).

(3)  Commission Implementing Regulation (EU) 2016/226 of 17 February 2016 amending Commission Implementing Regulation (EU) No 999/2014 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 41, 18.2.2016, p. 13).

(4)  An exporting producer is any company in the country(ies) concerned which produces and exports the product under review to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(5)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

(6)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of export price.

(7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(8)  OJ L 8, 12.1.2001, p. 1.

---

ANNEX I

Image

☐ ‘Limited’ version (1)

☐ ‘Version for inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF AMMONIUM NITRATE ORIGINATING IN RUSSIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF EXPORTING PRODUCERS IN RUSSIA

This form is designed to assist exporting producers in Russia in responding to the request for sampling information made in point 5.2.1.1 of the Notice of Initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER, SALES VOLUME, PRODUCTION AND CAPACITY

Describe the types of ammonium nitrate produced by your company (for example agricultural, technical, stabilised/‘dirty’...).

Indicate the turnover in the accounting currency of the company during the review investigation period (1 July 2016 to 30 June 2017) of ammonium nitrate as defined in the Notice of Initiation and the corresponding weight or volume: export sales to the Union, for each of the 28 Member States (2) separately, and in total, and domestic sales. State the unit of weight or volume and the currency used. Distinguish by type of ammonium nitrate as applicable.

Unit of measurement: Tonnes

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under review, manufactured by your company

Total:

Name each Member State (1):

Domestic sales of the product under review, manufactured by your company

(1) Add additional rows where necessary.

(1) This document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia Slovenia, Spain, Sweden, and the United Kingdom.

Image

Indicate your company’s production and production capacity. Explain how the capacity was calculated.

Unit of measurement: Tonnes

Your company’s overall production of the product under review

Your company’s production capacity of the product under review

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

---

ANNEX II

Image

☐ ‘Limited’ version (1)

☐ ‘Version for inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF AMMONIUM NITRATE ORIGINATING IN RUSSIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3 of the Notice of Initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER AND SALES VOLUME

Describe the types of ammonium nitrate imported by your company (for example agricultural, technical, stabilised/‘dirty’...).

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight or volume for imports into the Union (2) and resales on the Union market after importation from Russia, during the review investigation period (1 July 2016 to 30 June 2017), of ammonium nitrate as defined in the Notice of Initiation and the corresponding weight or volume. State the unit of weight or volume used. Distinguish by type of ammonium nitrate as applicable.

Unit of measurement: Tonne

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under review into the Union

Resales on the Union market after importation from Russia of the product under review

(1) This document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Croatia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the United Kingdom.

Image

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

---

ANNEX III

Image

☐ ‘Limited’ version (1)

☐ ‘Version for inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF AMMONIUM NITRATE ORIGINATING IN RUSSIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNION PRODUCERS

This form is designed to assist Union producers in responding to the request for sampling information made in point 5.4 of the Notice of Initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. PRODUCTION, SALES, TURNOVER, EMPLOYMENT

Describe the types of ammonium nitrate produced by your company (for example agricultural, technical, stabilised/‘dirty’...).

With reference to ammonium nitrate as defined in the Notice of Initiation and in relation to the review investigation period (1 July 2016 to 30 June 2017), please fill in the table below. Figures should refer to all Member States (2). Distinguish by type of ammonium nitrate as applicable.

The information below refers to the product concerned and your company only

Review investigation period

Total volume of production in the EU (tonnes)

Of which for captive use (1)

Volume of sales in the EU (tonnes) produced by your company in the EU

Value of sales in the EU (in EUR) produced by your company in the EU

Production capacity in the EU (tonnes)

Employment in the EU (number of persons)

(1) Production for captive use is either transferred or sold captively, i.e. without entering the free market.

(1) This document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia Slovenia, Spain, Sweden, and the United Kingdom.

Image

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating Union producers are based on facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 17.8.2017 | EN | Official Journal of the European Union | C 271/26 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/26

---

Prior notification of a concentration

(Case M.8587 — Bridgepoint/Groupe Primonial)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 271/09)

| 1. | On 7 August 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bridgepoint (United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the Primonial Group (France). |
| --- | --- |

1.

On 7 August 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bridgepoint (United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the Primonial Group (France).

| 2. | The business activities of the undertakings concerned are:






  — | Bridgepoint is an independent private equity company, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Bridgepoint is an independent private equity company,

| — | the Primonial Group operates in France providing selection, design, management and advisory services in the field of investment solutions. |
| --- | --- |

—

the Primonial Group operates in France providing selection, design, management and advisory services in the field of investment solutions.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit to it their observations on the proposed operation.
  Observations must reach the Commission not later than 10 days following the date of publication of this notification. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8587 — Bridgepoint/Groupe Primonial, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit to it their observations on the proposed operation.

Observations must reach the Commission not later than 10 days following the date of publication of this notification. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8587 — Bridgepoint/Groupe Primonial, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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| 17.8.2017 | EN | Official Journal of the European Union | C 271/27 |
| --- | --- | --- | --- |

17.8.2017

EN

Official Journal of the European Union

C 271/27

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Prior notification of a concentration

(Case M.8414 — DNB/Nordea/Luminor Group)

(Text with EEA relevance)

(2017/C 271/10)

| 1. | On 9 August 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which DNB Bank ASA (‘DNB’, Norway) and Nordea Bank AB (‘Nordea’ Sweden) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over Luminor Group AB (‘Luminor’, Sweden) a holding company of DNB’s and Nordea’s banking operations in Estonia, Latvia and Lithuania by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 9 August 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which DNB Bank ASA (‘DNB’, Norway) and Nordea Bank AB (‘Nordea’ Sweden) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over Luminor Group AB (‘Luminor’, Sweden) a holding company of DNB’s and Nordea’s banking operations in Estonia, Latvia and Lithuania by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for DNB: the provision of a full range of financial services, including loans, savings, advisory services, insurance and pension products for retail and corporate customers, mainly in Norway and also in Baltic Sea countries,
  —   for Nordea: the provision of a full range of financial services, including retail and corporate banking, investment banking, capital markets services, asset management and insurance; primarily in the Nordics and the Baltic Sea countries,
  —   for Luminor: the provision of financial services, including retail and corporate banking in Estonia, Latvia and Lithuania. |
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2.

The business activities of the undertakings concerned are:

—   for DNB: the provision of a full range of financial services, including loans, savings, advisory services, insurance and pension products for retail and corporate customers, mainly in Norway and also in Baltic Sea countries,

—   for Nordea: the provision of a full range of financial services, including retail and corporate banking, investment banking, capital markets services, asset management and insurance; primarily in the Nordics and the Baltic Sea countries,

—   for Luminor: the provision of financial services, including retail and corporate banking in Estonia, Latvia and Lithuania.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8414 — DNB/Nordea/Luminor Group to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8414 — DNB/Nordea/Luminor Group to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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