# Official Journal C 83/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 83 |
| | |
| English edition | Information and Notices | Volume 5811 March 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 83

English edition

Information and Notices

Volume 5811 March 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 083/01 | Non-opposition to a notified concentration (Case M.7490 — Macquarie/Wren House/E.On Spain) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 083/01

Non-opposition to a notified concentration (Case M.7490 — Macquarie/Wren House/E.On Spain) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 083/02 | Euro exchange rates | 2 |
| 2015/C 083/03 | Commission Decision of 10 March 2015 designating the sites awarded the European Heritage Label in 2014 | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 083/02

Euro exchange rates

2

2015/C 083/03

Commission Decision of 10 March 2015 designating the sites awarded the European Heritage Label in 2014

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2015/C 083/04 | Notice of initiation of an anti-subsidy proceeding concerning imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 083/05 | Prior notification of a concentration (Case M.7517 — Hebei Iron & Steel Group/DPH/Duferco International Trading Holding) — Candidate case for simplified procedure (
  1
  ) | 15 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2015/C 083/04

Notice of initiation of an anti-subsidy proceeding concerning imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 083/05

Prior notification of a concentration (Case M.7517 — Hebei Iron & Steel Group/DPH/Duferco International Trading Holding) — Candidate case for simplified procedure (
  1
  )

1

15

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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

| 11.3.2015 | EN | Official Journal of the European Union | C 83/1 |
| --- | --- | --- | --- |

11.3.2015

EN

Official Journal of the European Union

C 83/1

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Non-opposition to a notified concentration

(Case M.7490 — Macquarie/Wren House/E.On Spain)

(Text with EEA relevance)

(2015/C 83/01)

On 2 March 2015, 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 the 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 32015M7490. 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 32015M7490. 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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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.3.2015 | EN | Official Journal of the European Union | C 83/2 |
| --- | --- | --- | --- |

11.3.2015

EN

Official Journal of the European Union

C 83/2

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Euro exchange rates (1)

10 March 2015

(2015/C 83/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0738 |
| JPY | Japanese yen | 130,29 |
| DKK | Danish krone | 7,4516 |
| GBP | Pound sterling | 0,71280 |
| SEK | Swedish krona | 9,1849 |
| CHF | Swiss franc | 1,0703 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,6395 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,285 |
| HUF | Hungarian forint | 307,92 |
| PLN | Polish zloty | 4,1368 |
| RON | Romanian leu | 4,4465 |
| TRY | Turkish lira | 2,8375 |
| AUD | Australian dollar | 1,4034 |
| CAD | Canadian dollar | 1,3566 |
| HKD | Hong Kong dollar | 8,3326 |
| NZD | New Zealand dollar | 1,4729 |
| SGD | Singapore dollar | 1,4889 |
| KRW | South Korean won | 1 206,66 |
| ZAR | South African rand | 13,1869 |
| CNY | Chinese yuan renminbi | 6,7236 |
| HRK | Croatian kuna | 7,6153 |
| IDR | Indonesian rupiah | 14 060,34 |
| MYR | Malaysian ringgit | 3,9786 |
| PHP | Philippine peso | 47,554 |
| RUB | Russian rouble | 65,9838 |
| THB | Thai baht | 35,100 |
| BRL | Brazilian real | 3,3690 |
| MXN | Mexican peso | 16,6847 |
| INR | Indian rupee | 67,4205 |

Currency

Exchange rate

USD

US dollar

1,0738

JPY

Japanese yen

130,29

DKK

Danish krone

7,4516

GBP

Pound sterling

0,71280

SEK

Swedish krona

9,1849

CHF

Swiss franc

1,0703

ISK

Iceland króna

NOK

Norwegian krone

8,6395

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,285

HUF

Hungarian forint

307,92

PLN

Polish zloty

4,1368

RON

Romanian leu

4,4465

TRY

Turkish lira

2,8375

AUD

Australian dollar

1,4034

CAD

Canadian dollar

1,3566

HKD

Hong Kong dollar

8,3326

NZD

New Zealand dollar

1,4729

SGD

Singapore dollar

1,4889

KRW

South Korean won

1 206,66

ZAR

South African rand

13,1869

CNY

Chinese yuan renminbi

6,7236

HRK

Croatian kuna

7,6153

IDR

Indonesian rupiah

14 060,34

MYR

Malaysian ringgit

3,9786

PHP

Philippine peso

47,554

RUB

Russian rouble

65,9838

THB

Thai baht

35,100

BRL

Brazilian real

3,3690

MXN

Mexican peso

16,6847

INR

Indian rupee

67,4205

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

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| 11.3.2015 | EN | Official Journal of the European Union | C 83/3 |
| --- | --- | --- | --- |

11.3.2015

EN

Official Journal of the European Union

C 83/3

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COMMISSION DECISION

of 10 March 2015

designating the sites awarded the European Heritage Label in 2014

(2015/C 83/03)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Decision No 1194/2011/EU of the European Parliament and of the Council of 16 November 2011 establishing a European Union action for the European Heritage Label (1), and in particular Article 14(1) thereof,

Whereas:

| (1) | On 17 December 2014, the European panel transmitted to the Commission its report regarding the selection process of sites for the attribution of the European Heritage Label in 2014 and, taking into account its recommendations, the Commission should designate the sites to be awarded the label. |
| --- | --- |

(1)

On 17 December 2014, the European panel transmitted to the Commission its report regarding the selection process of sites for the attribution of the European Heritage Label in 2014 and, taking into account its recommendations, the Commission should designate the sites to be awarded the label.

| (2) | In accordance with Article 15 of Decision No 1194/2011/EU, each site awarded the label should be monitored on a regular basis in order to ensure that it continues to meet the criteria and that it respects the project and work plan submitted in its application for the selection, |
| --- | --- |

(2)

In accordance with Article 15 of Decision No 1194/2011/EU, each site awarded the label should be monitored on a regular basis in order to ensure that it continues to meet the criteria and that it respects the project and work plan submitted in its application for the selection,

HAS DECIDED AS FOLLOWS:

Sole Article

The European Heritage Label is awarded to the heart of Ancient Athens (Greece), the Abbey of Cluny (France), the Archive of the crown of Aragon (Spain), the Union of Lublin (Poland), the Sites of the Peace of Westphalia (Germany), the Biblioteca Geral da Universidade de Coimbra (Portugal), the 3 May 1791 Constitution (Poland), the Hambach Castle (Germany), the Charter of Law of Abolition of the Death Penalty (Portugal), the Residencia de Estudiantes (Spain), the Kaunas of 1919-40 (Lithuania), the Franja Partisan Hospital (Slovenia), the Robert Schuman’s House (France), the Museo Casa Alcide de Gasperi (Italy), the Historic Gdansk Shipyard (Poland) and the Pan-European Picnic Memorial Park (Hungary).

Done at Brussels, 10 March 2015.

For the Commission

Tibor NAVRACSICS

Member of the Commission

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(1)  OJ L 303, 22.11.2011, p. 1.

1

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 11.3.2015 | EN | Official Journal of the European Union | C 83/4 |
| --- | --- | --- | --- |

11.3.2015

EN

Official Journal of the European Union

C 83/4

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Notice of initiation of an anti-subsidy proceeding concerning imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India

(2015/C 83/04)

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 tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India, are being subsidised and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 26 January 2015 by Saint-Gobain PAM, Saint-Gobain PAM Deutschland GmbH and Saint-Gobain PAM España SA (‘the complainants’) on behalf of producers representing more than 25 % of the total Union production of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron).

2.   Product under investigation

The product subject to this investigation is tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), hereinafter referred to as ‘the product under investigation’.

3.   Allegation of subsidisation

The product allegedly being subsidized is the product under investigation, originating in India (‘the country concerned’), currently falling within CN codes ex 7303 00 10 and ex 7303 00 90. 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 India have benefitted from a number of subsidies granted by the Government of India (GOI) and the Governments of the Indian States of Gujarat, Jharkhand, Rajasthan and West Bengal.

The subsidies consist, inter alia, of:

| — | Direct transfer of funds and potential direct transfer of funds, for example: loans granted under the Steel Development Fund (SDF), loan guarantees granted by the State Bank of India, grants under the Technology Development and Demonstration Program (TDDP), Promotion of R & D in the Iron and Steel Sector scheme, scheme of interest subsidy (State of Gujarat), assistance for core infrastructure scheme (State of Gujarat), assistance in setting up common facilities scheme (State of Gujarat) and facilitation of land acquisition process scheme (State of Rajasthan). |
| --- | --- |

—

Direct transfer of funds and potential direct transfer of funds, for example: loans granted under the Steel Development Fund (SDF), loan guarantees granted by the State Bank of India, grants under the Technology Development and Demonstration Program (TDDP), Promotion of R & D in the Iron and Steel Sector scheme, scheme of interest subsidy (State of Gujarat), assistance for core infrastructure scheme (State of Gujarat), assistance in setting up common facilities scheme (State of Gujarat) and facilitation of land acquisition process scheme (State of Rajasthan).

| — | Government revenue that is otherwise due is forgone or not collected, for example: The Special Economic Zones Scheme (SEZS), Export Oriented Units Scheme (EOUS), Focus Product Scheme (FPS), Focus Market Scheme (FMS), Duty Free Import Authorisation scheme (DFIA), Export Promotion Capital Goods Scheme (EPCGS), Duty Drawback Scheme (DDS), Advance Authorisation Scheme (AAS), Incremental Exports Incentivisation Scheme (IEIS), Electricity duty exemption (Government of Gujarat), exemption from electricity duty and tax benefits (Government of Gujarat), sales tax exemption and VAT remission (Government of Gujarat) and exemptions from VAT according to the State of West Bengal VAT Act 2003. |
| --- | --- |

—

Government revenue that is otherwise due is forgone or not collected, for example: The Special Economic Zones Scheme (SEZS), Export Oriented Units Scheme (EOUS), Focus Product Scheme (FPS), Focus Market Scheme (FMS), Duty Free Import Authorisation scheme (DFIA), Export Promotion Capital Goods Scheme (EPCGS), Duty Drawback Scheme (DDS), Advance Authorisation Scheme (AAS), Incremental Exports Incentivisation Scheme (IEIS), Electricity duty exemption (Government of Gujarat), exemption from electricity duty and tax benefits (Government of Gujarat), sales tax exemption and VAT remission (Government of Gujarat) and exemptions from VAT according to the State of West Bengal VAT Act 2003.

| — | Provision of goods or services for less than adequate remuneration, for example: Granting of captive mining rights for coal and iron ore (GOI and State of Jharkhand) and provision of land (State of Rajasthan). |
| --- | --- |

—

Provision of goods or services for less than adequate remuneration, for example: Granting of captive mining rights for coal and iron ore (GOI and State of Jharkhand) and provision of land (State of Rajasthan).

| — | Entrustment and/or direction of a private body by the Indian Government, for example: Provision of high grade iron ore for less than adequate remuneration and direct transfer of funds under the Export Credit Scheme (ECS). |
| --- | --- |

—

Entrustment and/or direction of a private body by the Indian Government, for example: Provision of high grade iron ore for less than adequate remuneration and direct transfer of funds under the Export Credit Scheme (ECS).

The Commission reserves the right to investigate other subsidies which may be revealed during the course of the investigation.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of India or other regional 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 complainants have provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainants 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 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 India has been invited for consultations.

5.1.   
  Procedure for the determination of subsidisation

Exporting producers (2) 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

(a)   Sampling

In view of the potentially large number of exporting producers in the country 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 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 the information 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 country 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 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 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 country 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 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 anti-subsidy 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 (3).

(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 (‘individual subsidy margin’). 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
   (4)
   (5)

Unrelated importers of the product under investigation from the country 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 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 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 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:

| — | Saint-Gobain PAM |
| --- | --- |

—

Saint-Gobain PAM

| — | Saint-Gobain PAM Deutschland GmbH |
| --- | --- |

—

Saint-Gobain PAM Deutschland GmbH

| — | Saint-Gobain PAM España SA |
| --- | --- |

—

Saint-Gobain PAM España SA

| — | Duktus Rohrsysteme Wetzlar GmbH |
| --- | --- |

—

Duktus Rohrsysteme Wetzlar GmbH

| — | Tiroler Rohre GmbH |
| --- | --- |

—

Tiroler Rohre GmbH

| — | Jindal Saw Italia SPA |
| --- | --- |

—

Jindal Saw Italia SPA

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 subsidisation and injury caused thereby be established, a decision will be made, pursuant to Article 31 of the basic Regulation, as to whether the adoption of anti-subsidy measures would not be in the Union interest. Therefore, 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 which have made themselves known within the deadlines specified above 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

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 right of defence.

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

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 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 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 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

| E-mail | : | TRADE-DCIT-INDIA-SUBSIDY@ec.europa.eu
  TRADE-DCIT-INDIA-INJURY@ec.europa.eu |
| --- | --- | --- |

E-mail

:

TRADE-DCIT-INDIA-SUBSIDY@ec.europa.eu

TRADE-DCIT-INDIA-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, 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 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 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/trade/trade-policy-and-you/contacts/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 of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7).

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

(2)  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.

(3)  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.

(4)  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 143 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing 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 recognized 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 subsidisation.

(6)  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).

(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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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 11.3.2015 | EN | Official Journal of the European Union | C 83/15 |
| --- | --- | --- | --- |

11.3.2015

EN

Official Journal of the European Union

C 83/15

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Prior notification of a concentration

(Case M.7517 — Hebei Iron & Steel Group/DPH/Duferco International Trading Holding)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 83/05)

| 1. | On 3 March 2015, 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 Hebei Iron & Steel Group (‘HBIS’, China) and Duferco Participations Holding S.A. (‘DPH’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Duferco International Trading Holding (‘DITH’, Luxembourg) by way of purchase of shares. DITH is currently controlled by DPH. |
| --- | --- |

1.

On 3 March 2015, 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 Hebei Iron & Steel Group (‘HBIS’, China) and Duferco Participations Holding S.A. (‘DPH’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Duferco International Trading Holding (‘DITH’, Luxembourg) by way of purchase of shares. DITH is currently controlled by DPH.

| 2. | The business activities of the undertakings concerned are:
  —   for Hebei Iron & Steel Group (HBIS): production and sale of iron and steel goods,
  —   for Duferco Participations Holding S.A. (DPH): holding company owning activities including the steel sector,
  —   for Duferco International Trading Holding (DITH): trading and non-stockholding distribution of steel goods. |
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2.

The business activities of the undertakings concerned are:

—   for Hebei Iron & Steel Group (HBIS): production and sale of iron and steel goods,

—   for Duferco Participations Holding S.A. (DPH): holding company owning activities including the steel sector,

—   for Duferco International Trading Holding (DITH): trading and non-stockholding distribution of steel goods.

| 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 the 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 the 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7517 — Hebei Iron & Steel Group/DPH/Duferco International Trading Holding, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7517 — Hebei Iron & Steel Group/DPH/Duferco International Trading Holding, 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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