# Official Journal C 195/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.195.eng |
| --- | --- |
| Official Journal
  of the European Union | C 195 |
| | |
| English edition | Information and Notices | Volume 566 July 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.195.eng

Official Journal

of the European Union

C 195

English edition

Information and Notices

Volume 566 July 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 195/01 | Non-opposition to a notified concentration (Case COMP/M.6739 — Allianz/VW Financial Services/JV) (
  1
  ) | 1 |
| 2013/C 195/02 | Non-opposition to a notified concentration (Case COMP/M.6900 — Borealis/Rosier/GPN) (
  1
  ) | 1 |
| 2013/C 195/03 | Non-opposition to a notified concentration (Case COMP/M.6908 — Randstad/USG assets) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 195/01

Non-opposition to a notified concentration (Case COMP/M.6739 — Allianz/VW Financial Services/JV) (
  1
  )

1

1

2013/C 195/02

Non-opposition to a notified concentration (Case COMP/M.6900 — Borealis/Rosier/GPN) (
  1
  )

1

1

2013/C 195/03

Non-opposition to a notified concentration (Case COMP/M.6908 — Randstad/USG assets) (
  1
  )

1

2

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 195/04 | Euro exchange rates | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 195/04

Euro exchange rates

3

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2013/C 195/05 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of powdered activated carbon (PAC) originating in the People’s Republic of China | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 195/06 | Prior notification of a concentration (Case COMP/M.6975 — DUBAL Holding/MDCI/EGA JV) — Candidate case for simplified procedure (
  1
  ) | 13 |
| 2013/C 195/07 | Prior notification of a concentration (Case COMP/M.6961 — Goldman Sachs/Gávea Investimentos/JV) — Candidate case for simplified procedure (
  1
  ) | 14 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2013/C 195/05

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of powdered activated carbon (PAC) originating in the People’s Republic of China

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 195/06

Prior notification of a concentration (Case COMP/M.6975 — DUBAL Holding/MDCI/EGA JV) — Candidate case for simplified procedure (
  1
  )

1

13

2013/C 195/07

Prior notification of a concentration (Case COMP/M.6961 — Goldman Sachs/Gávea Investimentos/JV) — Candidate case for simplified procedure (
  1
  )

1

14

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.7.2013 | EN | Official Journal of the European Union | C 195/1 |
| --- | --- | --- | --- |

6.7.2013

EN

Official Journal of the European Union

C 195/1

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Non-opposition to a notified concentration

(Case COMP/M.6739 — Allianz/VW Financial Services/JV)

(Text with EEA relevance)

2013/C 195/01

On 7 March 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German 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/en/index.htm) under document number 32013M6739. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6739. EUR-Lex is the on-line access to the European law.

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| 6.7.2013 | EN | Official Journal of the European Union | C 195/1 |
| --- | --- | --- | --- |

6.7.2013

EN

Official Journal of the European Union

C 195/1

---

Non-opposition to a notified concentration

(Case COMP/M.6900 — Borealis/Rosier/GPN)

(Text with EEA relevance)

2013/C 195/02

On 3 June 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32013M6900. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6900. EUR-Lex is the on-line access to the European law.

---

| 6.7.2013 | EN | Official Journal of the European Union | C 195/2 |
| --- | --- | --- | --- |

6.7.2013

EN

Official Journal of the European Union

C 195/2

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Non-opposition to a notified concentration

(Case COMP/M.6908 — Randstad/USG assets)

(Text with EEA relevance)

2013/C 195/03

On 6 June 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32013M6908. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6908. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.7.2013 | EN | Official Journal of the European Union | C 195/3 |
| --- | --- | --- | --- |

6.7.2013

EN

Official Journal of the European Union

C 195/3

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Euro exchange rates (1)

5 July 2013

2013/C 195/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2883 |
| JPY | Japanese yen | 128,97 |
| DKK | Danish krone | 7,4593 |
| GBP | Pound sterling | 0,86055 |
| SEK | Swedish krona | 8,6562 |
| CHF | Swiss franc | 1,2348 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,9525 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,875 |
| HUF | Hungarian forint | 294,80 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7019 |
| PLN | Polish zloty | 4,2847 |
| RON | Romanian leu | 4,4408 |
| TRY | Turkish lira | 2,5110 |
| AUD | Australian dollar | 1,4049 |
| CAD | Canadian dollar | 1,3554 |
| HKD | Hong Kong dollar | 9,9892 |
| NZD | New Zealand dollar | 1,6450 |
| SGD | Singapore dollar | 1,6431 |
| KRW | South Korean won | 1 471,44 |
| ZAR | South African rand | 12,8890 |
| CNY | Chinese yuan renminbi | 7,9006 |
| HRK | Croatian kuna | 7,4998 |
| IDR | Indonesian rupiah | 12 851,20 |
| MYR | Malaysian ringgit | 4,1077 |
| PHP | Philippine peso | 55,882 |
| RUB | Russian rouble | 42,7630 |
| THB | Thai baht | 40,131 |
| BRL | Brazilian real | 2,8987 |
| MXN | Mexican peso | 16,6126 |
| INR | Indian rupee | 77,7680 |

Currency

Exchange rate

USD

US dollar

1,2883

JPY

Japanese yen

128,97

DKK

Danish krone

7,4593

GBP

Pound sterling

0,86055

SEK

Swedish krona

8,6562

CHF

Swiss franc

1,2348

ISK

Iceland króna

NOK

Norwegian krone

7,9525

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,875

HUF

Hungarian forint

294,80

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7019

PLN

Polish zloty

4,2847

RON

Romanian leu

4,4408

TRY

Turkish lira

2,5110

AUD

Australian dollar

1,4049

CAD

Canadian dollar

1,3554

HKD

Hong Kong dollar

9,9892

NZD

New Zealand dollar

1,6450

SGD

Singapore dollar

1,6431

KRW

South Korean won

1 471,44

ZAR

South African rand

12,8890

CNY

Chinese yuan renminbi

7,9006

HRK

Croatian kuna

7,4998

IDR

Indonesian rupiah

12 851,20

MYR

Malaysian ringgit

4,1077

PHP

Philippine peso

55,882

RUB

Russian rouble

42,7630

THB

Thai baht

40,131

BRL

Brazilian real

2,8987

MXN

Mexican peso

16,6126

INR

Indian rupee

77,7680

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 6.7.2013 | EN | Official Journal of the European Union | C 195/4 |
| --- | --- | --- | --- |

6.7.2013

EN

Official Journal of the European Union

C 195/4

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of powdered activated carbon (PAC) originating in the People’s Republic of China

2013/C 195/05

Following the publication of a notice of impeding expiry (1) of the anti-dumping measures in force on the imports of powdered activated carbon (PAC) 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 Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 9 April 2013 by Cabot Norit Nederland BV and Cabot Norit (UK) Ltd (‘the applicants’) on behalf of producers representing more than 25 % of the total Union production of powdered activated carbon.

2.   Product under review

The product subject to this review is powdered activated carbon (‘the product under review’), currently falling within CN code ex 3802 10 00.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 649/2008 (3).

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 recurrence of injury to the Union industry.

4.1.   
  Allegation of likelihood of continuation of dumping

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China is considered to be a non-market economy country, the applicants established normal value for the imports from the People’s Republic of China on the basis of the price in a market economy third country, namely the United States of America. The allegation of likelihood of continuation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under review when sold for export to the Union.

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

4.2.   
  Allegation of likelihood of recurrence of injury

The applicants allege the likelihood of recurrence of injury. In this respect the applicants have 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 existence of unused capacity of the manufacturing facilities of the exporting producers in the People’s Republic of China.

It is also alleged that the flow of imports of the product concerned is likely to rise should measures be allowed to lapse due to the recent extension of the anti-dumping measures in force on imports of similar products in traditional market other than the EU, i.e. in the United States of America.

The applicants finally allege that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, 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 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. In that respect, the Commission will also investigate the causal link between any dumping and any material injury found during the investigation period.

5.1.   
  Procedure for the determination of a likelihood of continuation or recurrence of dumping

Exporting producers (4) 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.

5.1.1.   Investigating exporting producers

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

(a)   Sampling

In view of the potentially large number of exporting producers in the People’s Republic of China involved in this 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 A 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 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 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 country concerned.

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

The questionnaire will request information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under review, the cost of production, the sales of the product under review on the domestic market of the country concerned and the sales of the product under review to the Union.

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’).

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

5.1.2.1.   Selection of a market economy third country

In the previous investigation the United States of America were 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 the United States of America. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union.

5.1.3.   Investigating unrelated importers
   (5)
   (6)

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

In view of the potentially large number of unrelated importers involved in this 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 (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, 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 B 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.

The questionnaire will request information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under review and the sales of the product under review.

5.2.   
  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.

5.2.1.   Investigating Union producers

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.6 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation(s) leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

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

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

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

The questionnaire will request information on, inter alia, the structure of their company(ies) and the financial and economic situation of the company(ies).

5.3.   
  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, 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. Parties are also invited to submit comments concerning the Union interest in maintaining the measures in force.

5.4.   
  Other written submissions

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

5.5.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard 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.

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

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

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

Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying MET claim forms or questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission in compliance with Article 18(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 08/020 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22979618 |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22979618

| E-mail | : | trade-pac-dumping@ec.europa.eu
  trade-pac-injury@ec.europa.eu |
| --- | --- | --- |

E-mail

:

trade-pac-dumping@ec.europa.eu

trade-pac-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.

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of dumping and injury, 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/tackling-unfair-trade/hearing-officer/index_en.htm

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 level of 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 level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of 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 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

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(1)  OJ C 349, 15.11.2012, p. 19.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  OJ L 181, 10.7.2008, p. 1.

(4)  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 a third party, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(5)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

(7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

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ANNEX A

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ANNEX B

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 6.7.2013 | EN | Official Journal of the European Union | C 195/13 |
| --- | --- | --- | --- |

6.7.2013

EN

Official Journal of the European Union

C 195/13

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Prior notification of a concentration

(Case COMP/M.6975 — DUBAL Holding/MDCI/EGA JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 195/06

| 1. | On 26 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings MDC Industry Holding Company LLC (‘MDCI’, UAE), a wholly-owned subsidiary of Mubadala Development Company PJSC, and DUBAL Holding LLC (‘DUBAL Holding’, UAE), ultimately wholly-owned by Investment Corporation of Dubai, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Dubai Aluminium (‘DUBAL’, UAE), through the newly created joint venture Emirates Global Aluminium PJSC (‘EGA JV’, UAE), by way of purchase of shares. DUBAL is currently solely controlled by DUBAL Holding. |
| --- | --- |

1.

On 26 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings MDC Industry Holding Company LLC (‘MDCI’, UAE), a wholly-owned subsidiary of Mubadala Development Company PJSC, and DUBAL Holding LLC (‘DUBAL Holding’, UAE), ultimately wholly-owned by Investment Corporation of Dubai, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Dubai Aluminium (‘DUBAL’, UAE), through the newly created joint venture Emirates Global Aluminium PJSC (‘EGA JV’, UAE), by way of purchase of shares. DUBAL is currently solely controlled by DUBAL Holding.

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






  — | MDCI is a wholly-owned subsidiary of Mubadala Development Company PJSC, an investment and development company wholly owned by the Government of the Emirate of Abu Dhabi, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

MDCI is a wholly-owned subsidiary of Mubadala Development Company PJSC, an investment and development company wholly owned by the Government of the Emirate of Abu Dhabi,

| — | DUBAL Holding is a wholly-owned subsidiary of the Investment Corporation of Dubai, an investment company wholly owned by the Government of the Emirate of Dubai, |
| --- | --- |

—

DUBAL Holding is a wholly-owned subsidiary of the Investment Corporation of Dubai, an investment company wholly owned by the Government of the Emirate of Dubai,

| — | DUBAL is active in the production and sale of aluminium products. |
| --- | --- |

—

DUBAL is active in the production and sale of aluminium products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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 EC 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 EC Merger Regulation (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 their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6975 — DUBAL Holding/MDCI/EGA 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 their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6975 — DUBAL Holding/MDCI/EGA JV, 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 ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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| 6.7.2013 | EN | Official Journal of the European Union | C 195/14 |
| --- | --- | --- | --- |

6.7.2013

EN

Official Journal of the European Union

C 195/14

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Prior notification of a concentration

(Case COMP/M.6961 — Goldman Sachs/Gávea Investimentos/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 195/07

| 1. | On 24 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and Gávea Investimentos Ltda (‘Gávea Investimentos’, Brazil), indirectly controlled by JP Morgan (USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Cell Sites Solutions ‘Cessão de Infraestrutura SA’ (‘Cell Sites Solutions’, Brazil) by way of purchase of shares. |
| --- | --- |

1.

On 24 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and Gávea Investimentos Ltda (‘Gávea Investimentos’, Brazil), indirectly controlled by JP Morgan (USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Cell Sites Solutions ‘Cessão de Infraestrutura SA’ (‘Cell Sites Solutions’, Brazil) by way of purchase of shares.

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






  — | Goldman Sachs is a global investment banking, securities and investment management firm active in the provision of financial services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Goldman Sachs is a global investment banking, securities and investment management firm active in the provision of financial services,

| — | Gávea Investimentos is an investment management firm with a focus on private equity, hedge funds, equity funds, and real estate funds, |
| --- | --- |

—

Gávea Investimentos is an investment management firm with a focus on private equity, hedge funds, equity funds, and real estate funds,

| — | JP Morgan is a financial holding company active in a wide range of business segments including investment banking, retail financial services, card services and commercial banking, treasury & security services, asset management and corporate/private equity, |
| --- | --- |

—

JP Morgan is a financial holding company active in a wide range of business segments including investment banking, retail financial services, card services and commercial banking, treasury & security services, asset management and corporate/private equity,

| — | Cell Sites Solutions is a recently formed corporation which will be active in the acquisition, construction and hosting of wireless telecommunication sites in Latin America. |
| --- | --- |

—

Cell Sites Solutions is a recently formed corporation which will be active in the acquisition, construction and hosting of wireless telecommunication sites in Latin America.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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 EC 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 EC Merger Regulation (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 their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6961 — Goldman Sachs/Gávea Investimentos/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| Place Madou/Madouplein 1 |
| 1210 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6961 — Goldman Sachs/Gávea Investimentos/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

Place Madou/Madouplein 1

1210 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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