# Official Journal C 267/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 267 |
| | |
| English edition | Information and Notices | Volume 5714 August 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 267

English edition

Information and Notices

Volume 5714 August 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 267/01 | Non-opposition to a notified concentration (Case M.7261 — Goldman Sachs/Blackstone/Ipreo) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 267/01

Non-opposition to a notified concentration (Case M.7261 — Goldman Sachs/Blackstone/Ipreo) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 267/02 | Euro exchange rates | 2 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2014/C 267/03 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation) | 3 |
| 2014/C 267/04 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation) | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 267/02

Euro exchange rates

2

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2014/C 267/03

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

3

2014/C 267/04

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

5

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2014/C 267/05 | Notice of initiation of an anti-dumping proceeding concerning imports of grain-oriented flat-rolled products of silicon-electrical steel originating in the People’s Republic of China, Japan, the Republic of Korea, Russia and the United States of America | 6 |
| 2014/C 267/06 | Notice of initiation of an anti-subsidy proceeding concerning imports of stainless steel cold-rolled flat products originating in the People’s Republic of China | 17 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 267/07 | Prior notification of a concentration (Case M.7332 — BSkyB/Sky Deutschland/Sky Italia) (
  1
  ) | 27 |
| 2014/C 267/08 | Prior notification of a concentration (Case M.7340 — Ferrero International/Oltan Group) (
  1
  ) | 28 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2014/C 267/05

Notice of initiation of an anti-dumping proceeding concerning imports of grain-oriented flat-rolled products of silicon-electrical steel originating in the People’s Republic of China, Japan, the Republic of Korea, Russia and the United States of America

6

2014/C 267/06

Notice of initiation of an anti-subsidy proceeding concerning imports of stainless steel cold-rolled flat products originating in the People’s Republic of China

17

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 267/07

Prior notification of a concentration (Case M.7332 — BSkyB/Sky Deutschland/Sky Italia) (
  1
  )

1

27

2014/C 267/08

Prior notification of a concentration (Case M.7340 — Ferrero International/Oltan Group) (
  1
  )

1

28

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

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(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

| 14.8.2014 | EN | Official Journal of the European Union | C 267/1 |
| --- | --- | --- | --- |

14.8.2014

EN

Official Journal of the European Union

C 267/1

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Non-opposition to a notified concentration

(Case M.7261 — Goldman Sachs/Blackstone/Ipreo)

(Text with EEA relevance)

(2014/C 267/01)

On 30 July 2014, 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 language 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 32014M7261. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7261. EUR-Lex is the online access to the European law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 14.8.2014 | EN | Official Journal of the European Union | C 267/2 |
| --- | --- | --- | --- |

14.8.2014

EN

Official Journal of the European Union

C 267/2

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Euro exchange rates (1)

13 August 2014

(2014/C 267/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3360 |
| JPY | Japanese yen | 136,89 |
| DKK | Danish krone | 7,4556 |
| GBP | Pound sterling | 0,79970 |
| SEK | Swedish krona | 9,1884 |
| CHF | Swiss franc | 1,2135 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,2375 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,839 |
| HUF | Hungarian forint | 314,08 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1945 |
| RON | Romanian leu | 4,4361 |
| TRY | Turkish lira | 2,8830 |
| AUD | Australian dollar | 1,4375 |
| CAD | Canadian dollar | 1,4593 |
| HKD | Hong Kong dollar | 10,3555 |
| NZD | New Zealand dollar | 1,5825 |
| SGD | Singapore dollar | 1,6701 |
| KRW | South Korean won | 1 376,14 |
| ZAR | South African rand | 14,1787 |
| CNY | Chinese yuan renminbi | 8,2216 |
| HRK | Croatian kuna | 7,6320 |
| IDR | Indonesian rupiah | 15 621,81 |
| MYR | Malaysian ringgit | 4,2658 |
| PHP | Philippine peso | 58,690 |
| RUB | Russian rouble | 48,4324 |
| THB | Thai baht | 42,749 |
| BRL | Brazilian real | 3,0374 |
| MXN | Mexican peso | 17,5363 |
| INR | Indian rupee | 81,8300 |

Currency

Exchange rate

USD

US dollar

1,3360

JPY

Japanese yen

136,89

DKK

Danish krone

7,4556

GBP

Pound sterling

0,79970

SEK

Swedish krona

9,1884

CHF

Swiss franc

1,2135

ISK

Iceland króna

NOK

Norwegian krone

8,2375

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,839

HUF

Hungarian forint

314,08

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1945

RON

Romanian leu

4,4361

TRY

Turkish lira

2,8830

AUD

Australian dollar

1,4375

CAD

Canadian dollar

1,4593

HKD

Hong Kong dollar

10,3555

NZD

New Zealand dollar

1,5825

SGD

Singapore dollar

1,6701

KRW

South Korean won

1 376,14

ZAR

South African rand

14,1787

CNY

Chinese yuan renminbi

8,2216

HRK

Croatian kuna

7,6320

IDR

Indonesian rupiah

15 621,81

MYR

Malaysian ringgit

4,2658

PHP

Philippine peso

58,690

RUB

Russian rouble

48,4324

THB

Thai baht

42,749

BRL

Brazilian real

3,0374

MXN

Mexican peso

17,5363

INR

Indian rupee

81,8300

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

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 14.8.2014 | EN | Official Journal of the European Union | C 267/3 |
| --- | --- | --- | --- |

14.8.2014

EN

Official Journal of the European Union

C 267/3

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

(2014/C 267/03)

PART I

| Aid reference | GBER 4/2014/R&D |
| --- | --- |
| EFTA State | Norway |
| Granting authority | Name | Buskerud fylkeskommune
  (Buskerud County Authority) |
| | Address | Postboks 3563 |
| N-3007 Drammen |
| NORWAY |

Aid reference

GBER 4/2014/R&D

EFTA State

Norway

Granting authority

Name

Buskerud fylkeskommune

(Buskerud County Authority)

Address

Postboks 3563

N-3007 Drammen

NORWAY

Webpage

www.bfk.no

Title of the aid measure

Aid to Regional- knowledge- and business cluster within osteoporosis

National legal basis (Reference to the relevant national official publication)

Letter of commitment from Buskerud County Authority to Papirbredden Innovasjon AS, dated 20.3.2014

Web link to the full text of the aid measure

Minutes of Meeting U.27.11.2013, PS 13/81 (Case 2013/871) - Allocation of regional development funds to Drammen Region 2013 – Further interaction with Drammen Region (1)

http://www.bfk.no/Politikk-1/Motekalender/Fylkesutvalget/#moter/2013/569

Type of measure

Ad hoc aid

Papirbredden Innovasjon AS

Date of granting

Ad hoc aid

20.3.2014

Economic sector(s) concerned

Limited to specific sectors — Please specify in accordance with NACE Rev. 2.

NACE 70.220

Type of beneficiary

SME

X

Budget

Overall amount of the ad hoc aid awarded to the undertaking

NOK 0,150 in millions

Aid instrument

(Article 5)

Grant

X

PART II

| General Objectives (list) | Objectives (list) | Maximum aid intensity in % or Maximum aid amount in NOK | SME
  – bonuses in % |
| --- | --- | --- | --- |
| Aid for research, development and innovation
  (Articles 30-37) | Aid for research and development projects
  (Article 31) | Fundamental research
  (Article 31(2)(a)) | ... % | |
| | | Industrial research
  (Article 31(2)(b)) | ... % | |
| | | Experimental development
  (Article 31(2)(c)) | 25 % | 35 % |

General Objectives (list)

Objectives (list)

Maximum aid intensity in % or Maximum aid amount in NOK

SME

– bonuses in %

Aid for research, development and innovation

(Articles 30-37)

Aid for research and development projects

(Article 31)

Fundamental research

(Article 31(2)(a))

... %

Industrial research

(Article 31(2)(b))

... %

Experimental development

(Article 31(2)(c))

25 %

35 %

---

(1)  In Norwegian: ‘Møteprotokoll U 27.11.2013, PS 13/81 (Arkivsak 2013/871) - Tildeling av regionale utviklingsmidler til Drammensregionen 2013 – Videre samhandling med Drammensregionen’.

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| 14.8.2014 | EN | Official Journal of the European Union | C 267/5 |
| --- | --- | --- | --- |

14.8.2014

EN

Official Journal of the European Union

C 267/5

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

(2014/C 267/04)

PART I

| Aid reference | GBER 5/2014/R&D |
| --- | --- |
| EFTA State | Norway |
| Granting authority | Name | Buskerud fylkeskommune
  (Buskerud County Authority) |
| | Address | Postboks 3563 |
| N-3007 Drammen |
| NORWAY |

Aid reference

GBER 5/2014/R&D

EFTA State

Norway

Granting authority

Name

Buskerud fylkeskommune

(Buskerud County Authority)

Address

Postboks 3563

N-3007 Drammen

NORWAY

Webpage

www.bfk.no

Title of the aid measure

Establishment of business cluster for creative industries

National legal basis (Reference to the relevant national official publication)

Letter of commitment from Buskerud County Authority to Papirbredden Innovasjon AS, 21.2.2014

Web link to the full text of the aid measure

http://www.bfk.no/Politikk-1/Motekalender/Hovedutvalget-for-regionalutvikling-og-kultur/#moter/2013/530

‘PS 13/97 (09/300) Application for project aid to the establishment of a business cluster for creative businesses’ (1)

Type of measure

Ad hoc aid

Papirbredden Innovasjon AS

Date of granting

Ad hoc aid

21.2.2014

Economic sector(s) concerned

Limited to specific sectors — Please specify in accordance with NACE Rev. 2.

NACE 70.220

Type of beneficiary

SME

X

Budget

Overall amount of the ad hoc aid awarded to the undertaking

NOK 0,4 in millions

Aid instrument

(Article 5)

Grant

X

PART II

| General Objectives (list) | Objectives (list) | Maximum aid intensity in % or Maximum aid amount in NOK | SME
  –bonuses in % |
| --- | --- | --- | --- |
| Aid for research, development and innovation
  (Articles 30-37) | Aid for research and development projects
  (Article 31) | Experimental development
  (Article 31(2)(c)) | 25 % | 20 % |

General Objectives (list)

Objectives (list)

Maximum aid intensity in % or Maximum aid amount in NOK

SME

–bonuses in %

Aid for research, development and innovation

(Articles 30-37)

Aid for research and development projects

(Article 31)

Experimental development

(Article 31(2)(c))

25 %

20 %

---

(1)  In Norwegian ‘PS 13/97 (09/300) Søknad om prosjektstøtte til etablering av næringsklynge for kreative næringer’.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 14.8.2014 | EN | Official Journal of the European Union | C 267/6 |
| --- | --- | --- | --- |

14.8.2014

EN

Official Journal of the European Union

C 267/6

---

Notice of initiation of an anti-dumping proceeding concerning imports of grain-oriented flat-rolled products of silicon-electrical steel originating in the People’s Republic of China, Japan, the Republic of Korea, Russia and the United States of America

(2014/C 267/05)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of grain-oriented flat-rolled products of silicon-electrical steel, originating in the People’s Republic of China, Japan, the Republic of Korea, Russia and the United States of America, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 30 June 2014 by the European Steel Association (EUROFER) (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of grain-oriented flat-rolled products of silicon-electrical steel.

2.   Product under investigation

The product subject to this investigation is grain-oriented flat-rolled products of silicon-electrical steel, of a thickness of more than 0,16 mm (‘the product under investigation’).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China, Japan, the Republic of Korea, Russia and the United States of America (‘the countries concerned’), currently falling within CN codes ex 7225 11 00 and ex 7226 11 00. These CN codes are given for information only.

In the absence of reliable data on domestic prices for Japan, the Republic of Korea, Russia and the United States of America, the allegation of dumping is based on a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs — SG&A — and profit) with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China is considered to be a non-market economy country, the complainant has established a normal value for the imports from the People’s Republic of China on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs — SG&A — and profit) in a market economy third country, namely the Republic of Korea. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margins calculated are significant for all the countries concerned.

4.   Allegation of injury and causation

The complainant has provided evidence that imports of the product under investigation from the countries concerned have increased overall in absolute terms and in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation from the countries concerned have had, among other consequences, a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.

5.   Procedure

Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the countries concerned is being dumped and whether the dumped imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1.   
  Procedure for the determination of dumping

Exporting producers (2) of the product under investigation from the countries concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

5.1.1.1.   Procedure for selecting exporting producers to be investigated in the countries concerned

(a)   Sampling

In view of the potentially large number of exporting producers in the countries concerned involved in this proceeding 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, 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 information on their companies requested in Annex I to this notice.

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the countries concerned 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 countries concerned and associations of exporting producers will be notified by the Commission, via the authorities of the countries concerned if appropriate, of the companies selected to be in the sample.

In order to obtain 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 the countries concerned.

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’). Without prejudice to Section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample.

(b)   Individual dumping margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins. The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the non-market economy countries who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in Section 5.1.2.2 below.

However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.1.2.   Additional procedure with regard to exporting producers in the non-market economy country concerned

5.1.2.1.   Selection of a market economy third country

Subject to the provisions of Section 5.1.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People’s Republic of China normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The Commission has provisionally chosen the Republic of Korea. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union are inter alia Japan, Russia and the United States of America. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in these and other market economy third countries for which there are indications that the production of the product under investigation is taking place.

5.1.2.2.   Treatment of exporting producers in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (3) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

The Commission will send MET claim forms to all the exporting producers in the People’s Republic of China selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the People’s Republic of China. The Commission will assess only MET claim forms submitted by the exporting producers in the People’s Republic of China selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.

All exporting producers claiming MET must submit a completed MET claim form within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

5.1.3.   Investigating unrelated importers
   (4)
   (5)

Unrelated importers of the product under investigation from the countries concerned to the Union are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this proceeding 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 companies 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 investigation 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 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.

5.2.   
  Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

In order to obtain information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to known Union producers or representative Union producers and to any known association of Union producers, namely to: ArcelorMittal Frýdek-Mistek a.s., Stalprodukt SA, Tata Steel UK Limited, ThyssenKrupp Electrical Steel GmbH and ThyssenKrupp Electrical Steel UGO S.A.S. and EUROFER.

The aforementioned Union producers and the associations of Union producers 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.

Any Union producer and association of Union producers not listed above is invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make itself known and request a questionnaire.

5.3.   
  Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.4.   
  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.

5.5.   
  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 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 the specific deadlines set by the Commission in its communication with the parties.

5.6.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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 should 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 e-mail 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 e-mail, 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 e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail 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 e-mail, 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: N105 08/020 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail injury: Trade-AD608-Injury@ec.europa.eu |
| E-mail dumping: Trade-AD608-Dumping@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail injury: Trade-AD608-Injury@ec.europa.eu

E-mail dumping: Trade-AD608-Dumping@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, provisional or final 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 for the Directorate-General for Trade. 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, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

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/commission_2010-2014/degucht/contact/hearing-officer/

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from 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 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 343, 22.12.2009, p. 51.

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

(3)  The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability; and (v) exchange rate conversions are carried out at market rates.

(4)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person 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 directly or indirectly control a third person; or (h) they are members of the same family. 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. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

(6)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343 22.12.2009 p. 51) 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 I

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ANNEX II

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| 14.8.2014 | EN | Official Journal of the European Union | C 267/17 |
| --- | --- | --- | --- |

14.8.2014

EN

Official Journal of the European Union

C 267/17

---

Notice of initiation of an anti-subsidy proceeding concerning imports of stainless steel cold-rolled flat products originating in the People’s Republic of China

(2014/C 267/06)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 10 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of stainless steel cold-rolled flat products, originating in the People’s Republic of China, are being subsidised and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 1 July 2014 by Eurofer (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of stainless steel cold-rolled flat products.

2.   Product under investigation

The product subject to this investigation is flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) (‘the product under investigation’).

3.   Allegation of subsidisation

The product allegedly being subsidised is the product under investigation, originating in the People’s Republic of China (‘the country concerned’), currently falling within CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81 and 7220 20 89. These CN codes are given for information only.

The prima facie evidence provided by the complainant shows that the producers of the product under investigation from the People’s Republic of China have benefitted from a number of subsidies granted by the Government of the People’s Republic of China.

The subsidies consist of the following:

| — | Direct transfer of funds and potential direct transfer of funds or liabilities, for example Policy loans to the stainless steel cold rolled flat products industry; Equity programmes (2): for example Debt-for-equity swaps, Equity infusion, Unpaid dividends for SOEs; Grant programmes: for example China World Top Brand Programme, Famous Brands Programmes/sub-central Government programmes to promote famous export brands (for example Chongqing; Hubei; Ma'anshan: Wuhan Famous Brands and Shandong Province Top Brands Programme), Programmes to rebate antidumping legal fees, The State Key Technology Project Fund, Export assistance grants; Regional Programmes (3): for example The Northeast Revitalization Programme, Export Interest Subsidies, Export Loans, Grants under the Science and Technology Programme of Jiangsu Province, Liaoning Province Grants — Five Point One Line Programme, Subsidies provided in the Tianjin Binhai New Area (TBNA) and the Tianjin Economic and Technological Development Area: Science and Technology Fund, |
| --- | --- |

—

Direct transfer of funds and potential direct transfer of funds or liabilities, for example Policy loans to the stainless steel cold rolled flat products industry; Equity programmes (2): for example Debt-for-equity swaps, Equity infusion, Unpaid dividends for SOEs; Grant programmes: for example China World Top Brand Programme, Famous Brands Programmes/sub-central Government programmes to promote famous export brands (for example Chongqing; Hubei; Ma'anshan: Wuhan Famous Brands and Shandong Province Top Brands Programme), Programmes to rebate antidumping legal fees, The State Key Technology Project Fund, Export assistance grants; Regional Programmes (3): for example The Northeast Revitalization Programme, Export Interest Subsidies, Export Loans, Grants under the Science and Technology Programme of Jiangsu Province, Liaoning Province Grants — Five Point One Line Programme, Subsidies provided in the Tianjin Binhai New Area (TBNA) and the Tianjin Economic and Technological Development Area: Science and Technology Fund,

| — | Government revenue that is otherwise due is forgone or not collected, for example Loans and interest forgiveness for SOEs; Income and other direct taxes programmes: for example Income tax credit for the purchase of domestically manufactured production equipment, Preferential tax policies for companies that are recognised as high and new technology enterprises, Tax policies for the deduction of research and development expenses, Income tax concessions for enterprises engaged in comprehensive resource utilisation (‘special raw materials’), Tax credit concerning the purchase of special equipment, Preferential Income Tax Policy for Enterprises in the Northeast Region, Various local tax discounts, such as those of the Shandong province the Chongqing City, the Guangxi Region Zhuang and the Tax privileges to develop central and western regions, Dividend exemption between qualified resident enterprises; Indirect tax and tariff exemption programmes (for example Import tariff and VAT exemptions for foreign invested enterprises (FIEs) and certain domestic enterprises using imported equipment in encouraged industries, VAT refunds for FIEs purchasing domestically produced equipment, Tax concessions for Central and Western Regions, VAT deduction on fixed assets in the Central Region); Regional Programmes: for example Subsidies provided in the Tianjin Binhai New Area (TBNA) and the Tianjin Economic and Technological Development Area (‘Accelerated Depreciation Programme’), |
| --- | --- |

—

Government revenue that is otherwise due is forgone or not collected, for example Loans and interest forgiveness for SOEs; Income and other direct taxes programmes: for example Income tax credit for the purchase of domestically manufactured production equipment, Preferential tax policies for companies that are recognised as high and new technology enterprises, Tax policies for the deduction of research and development expenses, Income tax concessions for enterprises engaged in comprehensive resource utilisation (‘special raw materials’), Tax credit concerning the purchase of special equipment, Preferential Income Tax Policy for Enterprises in the Northeast Region, Various local tax discounts, such as those of the Shandong province the Chongqing City, the Guangxi Region Zhuang and the Tax privileges to develop central and western regions, Dividend exemption between qualified resident enterprises; Indirect tax and tariff exemption programmes (for example Import tariff and VAT exemptions for foreign invested enterprises (FIEs) and certain domestic enterprises using imported equipment in encouraged industries, VAT refunds for FIEs purchasing domestically produced equipment, Tax concessions for Central and Western Regions, VAT deduction on fixed assets in the Central Region); Regional Programmes: for example Subsidies provided in the Tianjin Binhai New Area (TBNA) and the Tianjin Economic and Technological Development Area (‘Accelerated Depreciation Programme’),

| — | Provision of goods or services for less than adequate remuneration, for example the Provision of stainless steel cold rolled flat products raw materials (such as ferrochrome, nickel and nickel pig iron, molybdenum and stainless steel scrap) for less than adequate remuneration; Provision of inputs for less than adequate remuneration: for example Stainless steel hot rolled and slabs, Land use rights, Water and Electricity, Provision of electricity and water in the Jiangsu Province. |
| --- | --- |

—

Provision of goods or services for less than adequate remuneration, for example the Provision of stainless steel cold rolled flat products raw materials (such as ferrochrome, nickel and nickel pig iron, molybdenum and stainless steel scrap) for less than adequate remuneration; Provision of inputs for less than adequate remuneration: for example Stainless steel hot rolled and slabs, Land use rights, Water and Electricity, Provision of electricity and water in the Jiangsu Province.

The Commission reserves the right to investigate other subsidies which are linked with the practices illustrated above should such practices be found to exist in the course of the investigation.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of the People’s Republic of China or other regional or local governments (including public bodies) and confer a benefit to the recipients. They are alleged to be contingent upon the use of domestic over imported goods and/or contingent upon export performance and/or limited to certain enterprises or groups of enterprises and/or products and/or regions, and therefore specific and countervailable.

4.   Allegation of injury and causation

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.

5.   Procedure

Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 10 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the country concerned is being subsidised and whether these subsidised imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

The Government of the People’s Republic of China has been invited for consultations.

5.1.   
  Procedure for the determination of subsidisation

Exporting producers (4) of the product under investigation from the country concerned and the authorities of the country concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

5.1.1.1.   Procedure for selecting exporting producers to be investigated in the People’s Republic of China

(a)   Sampling

In view of the potentially large number of exporting producers in the People’s Republic of China involved in this proceeding 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 27 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, 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 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 exporting producers, the Commission will also contact the authorities of the People’s Republic of China 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 People’s Republic of China and associations of exporting producers will be notified by the Commission, via the authorities of the People’s Republic of China if appropriate, of the companies selected to be in the sample.

In order to obtain 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 the People’s Republic of China.

All exporting producers, selected to be in the sample, and the authorities of the country concerned 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 application of Article 28 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’). Without prejudice to section (b) below, the countervailing duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of subsidisation established for the exporting producers in the sample (5).

(b)   Individual subsidy margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 27(3) of the basic Regulation, that the Commission establish their individual subsidy margins. The exporting producers wishing to claim an individual subsidy margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified.

However, exporting producers claiming an individual subsidy margin should be aware that the Commission may nonetheless decide not to determine their individual subsidy margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.1.2.   Investigating unrelated importers
   (6)
   (7)

Unrelated importers of the product under investigation from the People’s Republic of China to the Union are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this proceeding 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 27 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 investigation 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 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.

5.2.   
  Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the subsidised imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

5.2.1.   Investigating Union producers

In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 27 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.6 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union. All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of Union producers. 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.   
  Procedure for the assessment of Union interest

Should the existence of subsidisation and injury caused thereby be established, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether the adoption of anti-subsidy measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

5.4.   
  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.

5.5.   
  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 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 the specific deadlines set by the Commission in its communication with the parties.

5.6.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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’ (8).

Interested parties providing ‘Limited’ information are required to furnish non- confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should 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 confidential information may be disregarded.

Interested parties are invited to make all submissions and requests by e-mail 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 e-mail, 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 e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail 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 e-mail, 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 04/034 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: TRADE-AS609-SSCR-SUBSIDY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/034

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: TRADE-AS609-SSCR-SUBSIDY@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, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 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 28 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 for the Directorate-General for Trade. 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 subsidisation, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

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/commission_2010-2014/degucht/contact/hearing-officer/

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 11(9) of the basic Regulation within 13 months of the date of the publication of this notice in the Official Journal of the European Union. In accordance with Article 12(1) of the basic Regulation, provisional measures may be imposed no later than nine months from 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 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 (9).

---

(1)  OJ L 188, 18.7.2009, p. 93.

(2)  It should be noted that certain aspects of these equity programmes could also constitute a financial contribution in the meaning of Article 3(1)(a)(ii) of the basic Regulation (government revenue forgone or not collected).

(3)  It should be noted that certain aspects of these regional programmes, such as fee/tax exemptions, could also constitute a financial contribution in the meaning of Article 3(1)(a)(ii) of the basic Regulation (government revenue forgone or not collected).

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

(5)  Pursuant to Article 15(3) of the basic Regulation, any zero and de minimis amounts of countervailable subsidies and amounts of countervailable subsidies established in the circumstances referred to in Article 28 of the basic Regulation shall be disregarded.

(6)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another’s businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person 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 directly or indirectly control a third person; or (h) they are members of the same family. 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 (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person

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

(8)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. 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).

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

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ANNEX I

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ANNEX II

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 14.8.2014 | EN | Official Journal of the European Union | C 267/27 |
| --- | --- | --- | --- |

14.8.2014

EN

Official Journal of the European Union

C 267/27

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Prior notification of a concentration

(Case M.7332 — BSkyB/Sky Deutschland/Sky Italia)

(Text with EEA relevance)

(2014/C 267/07)

| 1. | On 6 August 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sky Broadcasting Group plc (‘BSkyB’, UK) acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Sky Deutschland AG (‘Sky Deutschland’, Germany) and Sky Italia S.r.l. (‘Sky Italia’, Italy) by way of purchase of shares. |
| --- | --- |

1.

On 6 August 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sky Broadcasting Group plc (‘BSkyB’, UK) acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Sky Deutschland AG (‘Sky Deutschland’, Germany) and Sky Italia S.r.l. (‘Sky Italia’, Italy) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for BSkyB (active in particular in the UK and Ireland): licensing and acquisition of audiovisual programmes, wholesale supply of TV channels, retail distribution of audiovisual programmes, provision of technical platform services, sale of TV advertising airtime and provision of other services such as fixed-line retail telephony and broadband services,
  —   for Sky Deutschland (active in particular in Germany): licensing and acquisition of audiovisual programmes, retail distribution of audiovisual programmes in particular in Germany, provision of technical platform services and sale of TV advertising airtime,
  —   for Sky Italia (active in particular in Italy): licensing and acquisition of audiovisual programmes, retail distribution of audiovisual programmes in particular in Italy and sale of TV advertising airtime. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for BSkyB (active in particular in the UK and Ireland): licensing and acquisition of audiovisual programmes, wholesale supply of TV channels, retail distribution of audiovisual programmes, provision of technical platform services, sale of TV advertising airtime and provision of other services such as fixed-line retail telephony and broadband services,

—   for Sky Deutschland (active in particular in Germany): licensing and acquisition of audiovisual programmes, retail distribution of audiovisual programmes in particular in Germany, provision of technical platform services and sale of TV advertising airtime,

—   for Sky Italia (active in particular in Italy): licensing and acquisition of audiovisual programmes, retail distribution of audiovisual programmes in particular in Italy and sale of TV advertising airtime.

| 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. |
| --- | --- |

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 number M.7332 — BSkyB/Sky Deutschland/Sky Italia, 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 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 number M.7332 — BSkyB/Sky Deutschland/Sky Italia, 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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| 14.8.2014 | EN | Official Journal of the European Union | C 267/28 |
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14.8.2014

EN

Official Journal of the European Union

C 267/28

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Prior notification of a concentration

(Case M.7340 — Ferrero International/Oltan Group)

(Text with EEA relevance)

(2014/C 267/08)

| 1. | On 7 August 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Ferrero International S.A. (‘Ferrero International’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Oltan Gida Maddeleri İhracat İthalat ve Ticaret Anonim Şirketi, the undertaking Oltan Fındık İşletmeleri Sanayi Ve Ticaret Anonim Şirketi, the undertaking Oltan Fındık Sanayi ve Ticaret Anonim Şirketi, the undertaking Oltan Boyer SAS and the undertaking Oltan Grout Limited (together ‘the Oltan Group’) by way of purchase of shares. |
| --- | --- |

1.

On 7 August 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Ferrero International S.A. (‘Ferrero International’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Oltan Gida Maddeleri İhracat İthalat ve Ticaret Anonim Şirketi, the undertaking Oltan Fındık İşletmeleri Sanayi Ve Ticaret Anonim Şirketi, the undertaking Oltan Fındık Sanayi ve Ticaret Anonim Şirketi, the undertaking Oltan Boyer SAS and the undertaking Oltan Grout Limited (together ‘the Oltan Group’) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Ferrero International: the holding company of the Ferrero group, a producer of foodstuffs, active worldwide in the manufacturing and sale of confectionery and other sweet products (e.g. chocolate confectionery, candies, snacks and sweet spreadable products), and in the purchase and commercialization of edible nuts, and in particular hazelnuts, all over the world.
  —   for the Oltan Group: a group of companies active in the purchase, processing and commercialization of edible nuts, and in particular hazelnuts, all over the world. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Ferrero International: the holding company of the Ferrero group, a producer of foodstuffs, active worldwide in the manufacturing and sale of confectionery and other sweet products (e.g. chocolate confectionery, candies, snacks and sweet spreadable products), and in the purchase and commercialization of edible nuts, and in particular hazelnuts, all over the world.

—   for the Oltan Group: a group of companies active in the purchase, processing and commercialization of edible nuts, and in particular hazelnuts, all over the world.

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

3.

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

| 4. | The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
  Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7340 — Ferrero International/Oltan Group to the following address:





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

4.

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

Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7340 — Ferrero International/Oltan 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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