# Official Journal C 476/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 476 |
| | |
| English edition | Information and Notices | Volume 5920 December 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 476

English edition

Information and Notices

Volume 5920 December 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 476/01 | Non-opposition to a notified concentration (Case M.8285 — Bain Capital Investors/MSX International) (
  1
  ) | 1 |
| 2016/C 476/02 | Non-opposition to a notified concentration (Case M.8272 — CVC/Cinven/NewDay) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 476/01

Non-opposition to a notified concentration (Case M.8285 — Bain Capital Investors/MSX International) (
  1
  )

1

1

2016/C 476/02

Non-opposition to a notified concentration (Case M.8272 — CVC/Cinven/NewDay) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 476/03 | Euro exchange rates | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 476/03

Euro exchange rates

2

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2016/C 476/04 | Notice of initiation regarding the anti-dumping measures in force on imports of biodiesel originating in Argentina and Indonesia, following the recommendations and rulings adopted by the Dispute Settlement Body of the World Trade Organisation in the EU — Anti-Dumping Measures on Biodiesel dispute (DS473) | 3 |
| 2016/C 476/05 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of trichloroisocyanuric acid originating in the People's Republic of China | 6 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 476/06 | Prior notification of a concentration (Case M.8074 — Schneider Electric/DB Energie/inno2grid JV) — Candidate case for simplified procedure (
  1
  ) | 16 |
| 2016/C 476/07 | Prior notification of a concentration (Case M.8275 — Sompo/Endurance) — Candidate case for simplified procedure (
  1
  ) | 17 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2016/C 476/04

Notice of initiation regarding the anti-dumping measures in force on imports of biodiesel originating in Argentina and Indonesia, following the recommendations and rulings adopted by the Dispute Settlement Body of the World Trade Organisation in the EU — Anti-Dumping Measures on Biodiesel dispute (DS473)

3

2016/C 476/05

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of trichloroisocyanuric acid originating in the People's Republic of China

6

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 476/06

Prior notification of a concentration (Case M.8074 — Schneider Electric/DB Energie/inno2grid JV) — Candidate case for simplified procedure (
  1
  )

1

16

2016/C 476/07

Prior notification of a concentration (Case M.8275 — Sompo/Endurance) — Candidate case for simplified procedure (
  1
  )

1

17

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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

| 20.12.2016 | EN | Official Journal of the European Union | C 476/1 |
| --- | --- | --- | --- |

20.12.2016

EN

Official Journal of the European Union

C 476/1

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Non-opposition to a notified concentration

(Case M.8285 — Bain Capital Investors/MSX International)

(Text with EEA relevance)

(2016/C 476/01)

On 13 December 2016, 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 32016M8285. 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 32016M8285. EUR-Lex is the online access to European law.

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

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| 20.12.2016 | EN | Official Journal of the European Union | C 476/1 |
| --- | --- | --- | --- |

20.12.2016

EN

Official Journal of the European Union

C 476/1

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Non-opposition to a notified concentration

(Case M.8272 — CVC/Cinven/NewDay)

(Text with EEA relevance)

(2016/C 476/02)

On 14 December 2016, 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 32016M8272. 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 32016M8272. EUR-Lex is the online access to European law.

---

(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

| 20.12.2016 | EN | Official Journal of the European Union | C 476/2 |
| --- | --- | --- | --- |

20.12.2016

EN

Official Journal of the European Union

C 476/2

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Euro exchange rates (1)

19 December 2016

(2016/C 476/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0422 |
| JPY | Japanese yen | 122,19 |
| DKK | Danish krone | 7,4343 |
| GBP | Pound sterling | 0,84140 |
| SEK | Swedish krona | 9,7800 |
| CHF | Swiss franc | 1,0709 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0485 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 311,79 |
| PLN | Polish zloty | 4,4110 |
| RON | Romanian leu | 4,5179 |
| TRY | Turkish lira | 3,6532 |
| AUD | Australian dollar | 1,4351 |
| CAD | Canadian dollar | 1,3947 |
| HKD | Hong Kong dollar | 8,0946 |
| NZD | New Zealand dollar | 1,5023 |
| SGD | Singapore dollar | 1,5103 |
| KRW | South Korean won | 1 238,96 |
| ZAR | South African rand | 14,6690 |
| CNY | Chinese yuan renminbi | 7,2467 |
| HRK | Croatian kuna | 7,5350 |
| IDR | Indonesian rupiah | 13 963,30 |
| MYR | Malaysian ringgit | 4,6670 |
| PHP | Philippine peso | 52,165 |
| RUB | Russian rouble | 64,5075 |
| THB | Thai baht | 37,399 |
| BRL | Brazilian real | 3,5191 |
| MXN | Mexican peso | 21,2881 |
| INR | Indian rupee | 70,7225 |

Currency

Exchange rate

USD

US dollar

1,0422

JPY

Japanese yen

122,19

DKK

Danish krone

7,4343

GBP

Pound sterling

0,84140

SEK

Swedish krona

9,7800

CHF

Swiss franc

1,0709

ISK

Iceland króna

NOK

Norwegian krone

9,0485

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

311,79

PLN

Polish zloty

4,4110

RON

Romanian leu

4,5179

TRY

Turkish lira

3,6532

AUD

Australian dollar

1,4351

CAD

Canadian dollar

1,3947

HKD

Hong Kong dollar

8,0946

NZD

New Zealand dollar

1,5023

SGD

Singapore dollar

1,5103

KRW

South Korean won

1 238,96

ZAR

South African rand

14,6690

CNY

Chinese yuan renminbi

7,2467

HRK

Croatian kuna

7,5350

IDR

Indonesian rupiah

13 963,30

MYR

Malaysian ringgit

4,6670

PHP

Philippine peso

52,165

RUB

Russian rouble

64,5075

THB

Thai baht

37,399

BRL

Brazilian real

3,5191

MXN

Mexican peso

21,2881

INR

Indian rupee

70,7225

---

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 20.12.2016 | EN | Official Journal of the European Union | C 476/3 |
| --- | --- | --- | --- |

20.12.2016

EN

Official Journal of the European Union

C 476/3

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Notice of initiation regarding the anti-dumping measures in force on imports of biodiesel originating in Argentina and Indonesia, following the recommendations and rulings adopted by the Dispute Settlement Body of the World Trade Organisation in the EU — Anti-Dumping Measures on Biodiesel dispute (DS473)

(2016/C 476/04)

This notice is published pursuant to Articles 1(1)(a) and 2 of Regulation (EU) 2015/476 of the European Parliament and of the Council of 11 March 2015 on the measures that the Union may take following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (1) (‘the WTO enabling Regulation’).

On 26 October 2016, the WTO Dispute Settlement Body (DSB) adopted the panel report, as modified by the Appellate Body report (‘Reports’) (2), in the European Union — Anti-Dumping Measures on Biodiesel from Argentina dispute (DS473).

In the Appellate Body report, it was found, inter alia, that the EU acted inconsistently with:

| — | Article 2.2.1.1 of the WTO Anti-Dumping Agreement (‘ADA’) by failing to calculate the cost of production of the product under investigation on the basis of the records kept by the producers, |
| --- | --- |

—

Article 2.2.1.1 of the WTO Anti-Dumping Agreement (‘ADA’) by failing to calculate the cost of production of the product under investigation on the basis of the records kept by the producers,

| — | Article 2.2 of the ADA and Article VI:1(b)(ii) of the GATT 1994 by not using the cost of production in Argentina when constructing the normal value of biodiesel, |
| --- | --- |

—

Article 2.2 of the ADA and Article VI:1(b)(ii) of the GATT 1994 by not using the cost of production in Argentina when constructing the normal value of biodiesel,

| — | Article 9.3 of the ADA and Article VI:2 of the GATT 1994 by imposing anti-dumping duties in excess of the margin of dumping that should have been established under Article 2 of the ADA and Article VI:1 of the GATT 1994, respectively. |
| --- | --- |

—

Article 9.3 of the ADA and Article VI:2 of the GATT 1994 by imposing anti-dumping duties in excess of the margin of dumping that should have been established under Article 2 of the ADA and Article VI:1 of the GATT 1994, respectively.

In the panel report, it was found, inter alia, that the EU acted inconsistently with:

| — | Articles 3.1 and 3.4 of the ADA in its examination of the impact of the dumped imports on the domestic industry, insofar as it relates to production capacity and capacity utilisation. |
| --- | --- |

—

Articles 3.1 and 3.4 of the ADA in its examination of the impact of the dumped imports on the domestic industry, insofar as it relates to production capacity and capacity utilisation.

1.   Initiation of a review

After informing the Member States in accordance with Articles 1(3) and 2(3) of the WTO enabling Regulation, the Commission hereby initiates a review based on Articles 1(3) and 2(3) of the WTO enabling Regulation. The purpose of the review is to bring the anti-dumping measures imposed on imports of biodiesel from Argentina into conformity with the above recommendations and rulings contained in the Reports. The Commission notes that anti-dumping measures imposed on imports of biodiesel from Indonesia are subject to the pending WTO dispute European Union — Anti-Dumping Measures on Biodiesel from Indonesia (DS480). In that dispute, Indonesia raised essentially the same claims as Argentina in DS473. As the legal interpretations contained in the Reports appear to be also relevant for the investigation concerning Indonesia, the Commission considers it appropriate that also the anti-dumping measures imposed on imports of biodiesel from Indonesia are examined in the context of this review. The measure which needs to be brought into conformity with WTO law is Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (3). The scope of the present review is limited to the cost of production of the product under investigation when constructing its normal value, and to the production capacity and capacity utilisation in the context of establishing the impact of the dumped imports on the domestic industry. This is without prejudice to the consequences the review may have on other elements of the Implementing Regulation (EU) No 1194/2013. The review will be made based on facts existing in the investigation period of Implementing Regulation (EU) No 1194/2013, namely the period from 1 July 2011 to 30 June 2012, and in the period 1 January 2009 to 30 June 2012, which is the period considered for the examination of trends relevant for the assessment of injury.

Implementing Regulation (EU) No 1194/2013 may be repealed or amended in order to comply with the recommendations, rulings and legal interpretations of the DSB. However, pursuant to Article 3 of the WTO enabling Regulation, any measures adopted as a consequence of the present review will not have retroactive effects, that is, they shall take effect from the date of their entry into force and shall not serve as a basis for the reimbursement of the duties collected prior to that date.

2.   Procedure

In accordance with Articles 1(2) and 2(2) of the WTO enabling Regulation, the Commission hereby requests interested parties, including the exporting producers in Argentina and Indonesia and the Union industry, to provide all necessary information in order to complete the information obtained during the investigation that resulted in the adoption of Implementing Regulation (EU) No 1194/2013. In order to do so and to participate in the present review all interested parties are hereby invited to contact the Commission, preferably by email, immediately but no later than 15 days after the publication of this Notice in the Official Journal of the European Union, in order to make themselves known.

All interested parties may also 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 review 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.

3.   Disclosure

All interested parties will be informed of the essential facts and considerations on the basis of which it will be intended to repeal or amend the Implementing Regulation (EU) No 1194/2013 and will be given an opportunity to comment within a period of at least 10 days.

4.   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’ (4).

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 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 |
| BELGIUM |
| Email: Trade-R658-Biodiesel@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Brussels

BELGIUM

Email: Trade-R658-Biodiesel@ec.europa.eu

5.   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 shall 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.

6.   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.

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/

7.   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 (5).

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(1)  OJ L 83, 27.3.2015, p. 6.

(2)  WTO, Report of the Appellate Body, AB-2016-4, WT/DS473/AB/R, 6 October 2016 (‘Appellate Body report’). WTO, Report of the Panel, WT/DS473/R, 29 March 2016 (‘panel report’).

(3)  OJ L 315, 26.11.2013, p. 2.

(4)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of the 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) (‘basic Regulation’) and Article 6 of the ADA. 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).

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

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| 20.12.2016 | EN | Official Journal of the European Union | C 476/6 |
| --- | --- | --- | --- |

20.12.2016

EN

Official Journal of the European Union

C 476/6

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of trichloroisocyanuric acid originating in the People's Republic of China

(2016/C 476/05)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of trichloroisocyanuric acid originating in the People's Republic of China, the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) 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 (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 30 September 2016 by Ercros S.A. and Inquide S.A. (‘the applicants’), representing more than 25 % of the total Union production of trichloroisocyanuric acid.

2.   Product under review

The product subject to this review is trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN) (‘the product under review’), currently falling within CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933698070, 3808942020).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 1389/2011 (3), as last amended by Commission Implementing Regulation (EU) No 569/2014 (4).

4.   Grounds for the review

The request is based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and continuation of injury to the Union industry.

4.1.1.   Allegation of likelihood of continuation of dumping

The applicants established normal value for the exporting producers from the People's Republic of China which were not granted market economy treatment during the investigation leading to the measures in force on the basis of the price in a market economy third country, namely Japan, in accordance with Article 2(7) of the basic Regulation. The applicants also submitted evidence of dumping on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) using the United States of America as the analogue country. For those companies which were granted market economy treatment during the investigation leading to the measures in force, normal value has been established on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in the People's Republic of China. The allegation of likelihood of continuation of dumping is based on a comparison of the normal value, as set out in preceding sentences, with the export price (at ex-works level) of the product under review when sold for export to the Union.

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

4.1.2.   Allegation of likelihood of continuation of injury

The applicants have also provided prima facie evidence that imports of the product under review from the country concerned to the Union have remained significant in absolute terms and in terms of market shares.

The prima facie evidence provided by the applicant shows that the volume and prices of the imported product under review have, among other consequences, had 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 and the financial situation of the Union industry.

The applicants also allege the likelihood of further injury. In this respect the applicants have also provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the potential of the manufacturing facilities of the exporting producers in the People's Republic of China.

In addition, the applicants allege that any further substantial increase of imports at dumped prices from the country concerned would be likely to cause further injury to the Union industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

5.1.   
  Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 October 2015 to 30 September 2016 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2013 to the end of the investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of a likelihood of continuation or recurrence of dumping

Exporting producers (5) of the product under review from the country concerned, 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.   Investigating exporting producers

Procedure for selecting exporting producers to be investigated in the People's Republic of China

Sampling

In view of the potentially large number of exporting producers in the People's Republic of China involved in this expiry 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 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 will be selected based on the largest representative volume of production, sales or exports 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 the People's Republic of China.

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’).

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

Selection of a market economy third country

For the companies which were not granted market economy treatment in the original investigation, normal value will be determined on the basis of the price or constructed value in a market economy third country, in accordance with Article 2(7)(a) of the basic Regulation.

In the previous investigation Japan was used as a market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. For the purpose of the current investigation, the Commission envisages using again Japan. According to the information available to the Commission, other market economy producers may be located, inter alia, in 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 review in those market economy third countries for which there are indications that production of the product under review is taking place. Interested parties are hereby invited to comment on the choice of the analogue country within 10 days of the date of publication of this Notice in the Official Journal of the European Union.

5.2.3.   Investigating unrelated importers
   (6)
   (7)

Unrelated importers of the product under review from the People's Republic of China 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 expiry 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. 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, 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 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.

5.3.   
  Procedure for the determination of a likelihood of a continuation or recurrence of injury

In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.

5.3.1.   Investigating Union producers

In order to obtain the information it deems necessary for its investigation with regard to Union producers, the Commission will send questionnaires to known Union producers including the ones who did not cooperate in the investigation leading to the measures subject to the present review, namely to: Ercros S.A., Inquide S.A., 3V Sigma S.p.A. and Electroquímica de Hernani S.A.

The aforementioned 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 not listed above is invited to contact the Commission, preferably by email, 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.

5.4.   
  Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest. Union producers and their representative associations, 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 review.

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.

5.5.   
  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’ (8).

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-R656-TCCA-DUMPING@ec.europa.eu
  TRADE-R656-TCCA-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail

:

TRADE-R656-TCCA-DUMPING@ec.europa.eu

TRADE-R656-TCCA-INJURY@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 the likelihood of a continuation or recurrence of dumping and injury, causal link and Union interest.

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.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this Notice, may contact the Commission at the address given above.

10.   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 (9).

---

(1)  OJ C 117, 2.4.2016, p. 9.

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

(3)  Council Implementing Regulation (EU) No 1389/2011 of 19 December 2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 346, 30.12.2011, p. 6).

(4)  Commission Implementing Regulation (EU) No 569/2014 of 23 May 2014 amending Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China following a ‘new exporter’ review pursuant to Article 11(4) of Council Regulation (EC) No 1225/2009 (OJ L 157, 27.5.2014, p. 80).

(5)  An exporting producer is any company in the country 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.

(6)  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).

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

(8)  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).

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

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ANNEX I

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF TRICHLOROISOCYANURIC ACID ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF EXPORTING PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA

This form is designed to assist exporting producers in the People’s Republic of China in responding to the request for sampling information made in point 5.2.1 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 PRODUCTION CAPACITY

As regards the product under review as defined in the Notice of Initiation and originating in the country concerned, for the review investigation period defined in section 5.1 of the Notice, please indicate export sales to the Union for each of the 28 Member States (2) separately and in total, export sales to the rest of the world (total and the 5 biggest importing countries), domestic sales, production and production capacity. State the unit of weight or volume and the currency used.

Table 1

Turnover, sales volume

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):

Export sales of the product under review, manufactured by your company to the rest of the world

Total:

Name the 5 biggest importing countries and give the respective volumes and values

(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

Tonnes

Value in accounting currency

Specify the currency used

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

(1) Add additional rows where necessary.

Table 2

Production and production capacity

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).

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ANNEX II

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF TRICHLOROISOCYANURIC ACID ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

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 5.2.3 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

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 the People’s Republic of China, during the review investigation period, of trichloroisocyanuric acid as defined in the Notice of Initiation and the corresponding weight or volume. State the unit of weight or volume used.

Tonnes

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 the People’s Republic Of China 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).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 20.12.2016 | EN | Official Journal of the European Union | C 476/16 |
| --- | --- | --- | --- |

20.12.2016

EN

Official Journal of the European Union

C 476/16

---

Prior notification of a concentration

(Case M.8074 — Schneider Electric/DB Energie/inno2grid JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 476/06)

| 1. | On 9 December 2016, 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 undertakings Schneider Electric GmbH (Germany), a subsidiary of Schneider Electric SE, and DB Energie GmbH (Germany), a subsidiary of Deutsche Bahn AG, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking inno2grid (Germany). |
| --- | --- |

1.

On 9 December 2016, 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 undertakings Schneider Electric GmbH (Germany), a subsidiary of Schneider Electric SE, and DB Energie GmbH (Germany), a subsidiary of Deutsche Bahn AG, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking inno2grid (Germany).

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






  — | Schneider Electric SE operates in the electricity distribution, energy management and industrial automation sectors and offers integrated solutions for energy infrastructures, industrial processes, industrial equipment and systems, building automation, data centres and networks, and homes, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Schneider Electric SE operates in the electricity distribution, energy management and industrial automation sectors and offers integrated solutions for energy infrastructures, industrial processes, industrial equipment and systems, building automation, data centres and networks, and homes,

| — | Deutsche Bahn AG is a passenger and logistics company in Europe with many subsidiaries in the passenger, infrastructure, transport and logistics sectors. DB Energie GmbH is the energy division of Deutsche Bahn AG. DB Energie GmbH manages the generation and purchase of energy, as well as the provision of energy sources, |
| --- | --- |

—

Deutsche Bahn AG is a passenger and logistics company in Europe with many subsidiaries in the passenger, infrastructure, transport and logistics sectors. DB Energie GmbH is the energy division of Deutsche Bahn AG. DB Energie GmbH manages the generation and purchase of energy, as well as the provision of energy sources,

| — | inno2grid offers design, consulting, planning and testing services, as well as the deployment, operation and distribution of decentralised intelligent energy infrastructures and the corresponding sustainable, connected mobility solutions. |
| --- | --- |

—

inno2grid offers design, consulting, planning and testing services, as well as the deployment, operation and distribution of decentralised intelligent energy infrastructures and the corresponding sustainable, connected mobility 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 no later than 10 days following the date on which this notification is published. 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.8074 — Schneider Electric/DB Energie/inno2grid JV 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 no later than 10 days following the date on which this notification is published. 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.8074 — Schneider Electric/DB Energie/inno2grid JV 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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| 20.12.2016 | EN | Official Journal of the European Union | C 476/17 |
| --- | --- | --- | --- |

20.12.2016

EN

Official Journal of the European Union

C 476/17

---

Prior notification of a concentration

(Case M.8275 — Sompo/Endurance)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 476/07)

| 1. | On 13 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sompo Holdings, Inc. (‘Sompo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Endurance Speciality Holdings Ltd (‘Endurance’, Bermuda) by way of purchase of shares. |
| --- | --- |

1.

On 13 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sompo Holdings, Inc. (‘Sompo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Endurance Speciality Holdings Ltd (‘Endurance’, Bermuda) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Sompo: provision of a variety of insurance, reinsurance, financial and other services, active globally,
  —   for Endurance: provision of speciality non-life insurance and reinsurance, active globally. |
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2.

The business activities of the undertakings concerned are:

—   for Sompo: provision of a variety of insurance, reinsurance, financial and other services, active globally,

—   for Endurance: provision of speciality non-life insurance and reinsurance, active globally.

| 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 this Notice. |
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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. 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 this Notice.

| 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.8275 — Sompo/Endurance, 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 M.8275 — Sompo/Endurance, 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’).

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

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