# Official Journal C 349/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.349.eng |
| --- | --- |
| Official Journal
  of the European Union | C 349 |
| | |
| English edition | Information and Notices | Volume 5629 November 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.349.eng

Official Journal

of the European Union

C 349

English edition

Information and Notices

Volume 5629 November 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 349/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 349/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 349/02 | Euro exchange rates | 3 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 349/03 | Merger and transfer of portfolio — Decision No 705 approving the transfer of the insurance portfolio of Alico Asigurări România SA to Metropolitan Life Asigurări SA in a merger by acquisition of the two companies and the withdrawal of the operating licence of Alico Asigurări România SA (Publication in accordance with Directive 2002/83/EC of the European Parliament and of the Council concerning life assurance) | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 349/02

Euro exchange rates

3

NOTICES FROM MEMBER STATES

2013/C 349/03

Merger and transfer of portfolio — Decision No 705 approving the transfer of the insurance portfolio of Alico Asigurări România SA to Metropolitan Life Asigurări SA in a merger by acquisition of the two companies and the withdrawal of the operating licence of Alico Asigurări România SA (Publication in accordance with Directive 2002/83/EC of the European Parliament and of the Council concerning life assurance)

(Publication in accordance with Directive 2002/83/EC of the European Parliament and of the Council concerning life assurance)

4

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2013/C 349/04 | Notice of initiation of an anti-dumping proceeding concerning imports of monosodium glutamate originating in Indonesia | 5 |
| 2013/C 349/05 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of monosodium glutamate originating in the People’s Republic of China | 14 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 349/06 | Prior notification of a concentration (Case COMP/M.7122 — Apollo/Altamira) — Candidate case for simplified procedure (
  1
  ) | 23 |
| 2013/C 349/07 | Prior notification of a concentration (Case COMP/M.7096 — Eni ULX/Liverpool Bay JV) — Candidate case for simplified procedure (
  1
  ) | 24 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2013/C 349/04

Notice of initiation of an anti-dumping proceeding concerning imports of monosodium glutamate originating in Indonesia

5

2013/C 349/05

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of monosodium glutamate originating in the People’s Republic of China

14

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 349/06

Prior notification of a concentration (Case COMP/M.7122 — Apollo/Altamira) — Candidate case for simplified procedure (
  1
  )

1

23

2013/C 349/07

Prior notification of a concentration (Case COMP/M.7096 — Eni ULX/Liverpool Bay JV) — Candidate case for simplified procedure (
  1
  )

1

24

| | |
| --- | --- |
| | (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

| 29.11.2013 | EN | Official Journal of the European Union | C 349/1 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

C 349/1

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Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 349/01

| Date of adoption of the decision | 2.10.2013 |
| --- | --- |
| Reference number of State Aid | SA.36620 (13/N) |
| Member State | France |
| Region | — | — |
| Title (and/or name of the beneficiary) | Aide à la cessation d’activité des pêcheurs professionnels en eau douce impactés par les plans nationaux anguille et PCB |
| Legal basis | — | Décision du directeur général de FranceAgriMer en date du 19 juin 2012 précisant les modalités de mise en œuvre de mesures à la cessation d’activité des pêcheurs professionnels en eau douce concernés par le plan national de gestion de l’anguille ou par les interdictions de commercialisation des poissons du fait de la pollution par les PolyChloroBiphényles (PCB). |

Date of adoption of the decision

2.10.2013

Reference number of State Aid

SA.36620 (13/N)

Member State

France

Region

—

—

Title (and/or name of the beneficiary)

Aide à la cessation d’activité des pêcheurs professionnels en eau douce impactés par les plans nationaux anguille et PCB

Legal basis

—

Décision du directeur général de FranceAgriMer en date du 19 juin 2012 précisant les modalités de mise en œuvre de mesures à la cessation d’activité des pêcheurs professionnels en eau douce concernés par le plan national de gestion de l’anguille ou par les interdictions de commercialisation des poissons du fait de la pollution par les PolyChloroBiphényles (PCB).

| — | Décision modificative en date du 8 novembre 2012 de la décision du directeur général de FranceAgriMer en date du 19 juin 2012. |
| --- | --- |

—

Décision modificative en date du 8 novembre 2012 de la décision du directeur général de FranceAgriMer en date du 19 juin 2012.

| — | Projet de décision modificative de la décision du directeur général de FranceAgriMer |
| --- | --- |

—

Projet de décision modificative de la décision du directeur général de FranceAgriMer

Type of measure

Scheme

—

Objective

SMEs

Form of aid

Direct grant

Budget

| | Overall budget: EUR 7,4 million |
| --- | --- |

Overall budget: EUR 7,4 million

| | Annual budget: EUR 7,38 million |
| --- | --- |

Annual budget: EUR 7,38 million

Intensity

90 %

Duration (period)

Until 31.12.2014

Economic sectors

Fishing, Freshwater fishing

Name and address of the granting authority

| Ministère de l'écologie, du développement durable et de l'énergie |
| --- |
| Direction générale de l'aménagement, du logement et de la nature |
| Direction de l'eau et de la biodiversité |
| La Grande Arche |
| 92055 La Défense Cedex |
| FRANCE |

Ministère de l'écologie, du développement durable et de l'énergie

Direction générale de l'aménagement, du logement et de la nature

Direction de l'eau et de la biodiversité

La Grande Arche

92055 La Défense Cedex

FRANCE

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 29.11.2013 | EN | Official Journal of the European Union | C 349/3 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

C 349/3

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Euro exchange rates (1)

28 November 2013

2013/C 349/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3592 |
| JPY | Japanese yen | 139,06 |
| DKK | Danish krone | 7,4586 |
| GBP | Pound sterling | 0,83215 |
| SEK | Swedish krona | 8,9301 |
| CHF | Swiss franc | 1,2323 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,2760 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,350 |
| HUF | Hungarian forint | 299,46 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7029 |
| PLN | Polish zloty | 4,1942 |
| RON | Romanian leu | 4,4361 |
| TRY | Turkish lira | 2,7424 |
| AUD | Australian dollar | 1,4915 |
| CAD | Canadian dollar | 1,4376 |
| HKD | Hong Kong dollar | 10,5375 |
| NZD | New Zealand dollar | 1,6668 |
| SGD | Singapore dollar | 1,7067 |
| KRW | South Korean won | 1 442,46 |
| ZAR | South African rand | 13,8975 |
| CNY | Chinese yuan renminbi | 8,2809 |
| HRK | Croatian kuna | 7,6275 |
| IDR | Indonesian rupiah | 16 025,14 |
| MYR | Malaysian ringgit | 4,3936 |
| PHP | Philippine peso | 59,437 |
| RUB | Russian rouble | 45,0515 |
| THB | Thai baht | 43,662 |
| BRL | Brazilian real | 3,1566 |
| MXN | Mexican peso | 17,8184 |
| INR | Indian rupee | 84,8280 |

Currency

Exchange rate

USD

US dollar

1,3592

JPY

Japanese yen

139,06

DKK

Danish krone

7,4586

GBP

Pound sterling

0,83215

SEK

Swedish krona

8,9301

CHF

Swiss franc

1,2323

ISK

Iceland króna

NOK

Norwegian krone

8,2760

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,350

HUF

Hungarian forint

299,46

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7029

PLN

Polish zloty

4,1942

RON

Romanian leu

4,4361

TRY

Turkish lira

2,7424

AUD

Australian dollar

1,4915

CAD

Canadian dollar

1,4376

HKD

Hong Kong dollar

10,5375

NZD

New Zealand dollar

1,6668

SGD

Singapore dollar

1,7067

KRW

South Korean won

1 442,46

ZAR

South African rand

13,8975

CNY

Chinese yuan renminbi

8,2809

HRK

Croatian kuna

7,6275

IDR

Indonesian rupiah

16 025,14

MYR

Malaysian ringgit

4,3936

PHP

Philippine peso

59,437

RUB

Russian rouble

45,0515

THB

Thai baht

43,662

BRL

Brazilian real

3,1566

MXN

Mexican peso

17,8184

INR

Indian rupee

84,8280

---

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

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NOTICES FROM MEMBER STATES

| 29.11.2013 | EN | Official Journal of the European Union | C 349/4 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

C 349/4

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Merger and transfer of portfolio

Decision No 705 approving the transfer of the insurance portfolio of Alico Asigurări România SA to Metropolitan Life Asigurări SA in a merger by acquisition of the two companies and the withdrawal of the operating licence of Alico Asigurări România SA

(Publication in accordance with Directive 2002/83/EC of the European Parliament and of the Council concerning life assurance)

2013/C 349/03

| Insurance undertaking | Alico Asigurări România SA, with its registered office in Bucharest, Bdul Lascăr Catargiu nr. 47-53, et. 4, sector 1, România, J40/12746/15.12.1998, CUI 11304080 (company identification number)
  Metropolitan Life Asigurări SA, with its registered office in Bucharest, Bdul Lascăr Catargiu nr. 47-53, et. 4, Unitatea 4Bprim, sector 1, România, J40/9186/18.10.1999, CUI 12295479 |
| --- | --- |
| Date, entry into force and nature of the decision | Decision No 705 of 11 September 2013 approving the transfer of the insurance portfolio of Alico Asigurări România SA to Metropolitan Life Asigurări SA in a merger by acquisition of the two companies and the withdrawal of the operating licence of Alico Asigurări România SA |
| Competent authority | Financial Supervisory Authority, with its registered offices in Bucharest, Str. Amiral Constantin Bălescu nr. 18, sectorul 1, România |
| Supervisory authority | Financial Supervisory Authority, with its registered offices in Bucharest, Str. Amiral Constantin Bălescu nr. 18, sectorul 1, România |
| Applicable law | Law No 32/2000 on insurance and insurance supervision, as amended |

Insurance undertaking

Alico Asigurări România SA, with its registered office in Bucharest, Bdul Lascăr Catargiu nr. 47-53, et. 4, sector 1, România, J40/12746/15.12.1998, CUI 11304080 (company identification number)

Metropolitan Life Asigurări SA, with its registered office in Bucharest, Bdul Lascăr Catargiu nr. 47-53, et. 4, Unitatea 4Bprim, sector 1, România, J40/9186/18.10.1999, CUI 12295479

Date, entry into force and nature of the decision

Decision No 705 of 11 September 2013 approving the transfer of the insurance portfolio of Alico Asigurări România SA to Metropolitan Life Asigurări SA in a merger by acquisition of the two companies and the withdrawal of the operating licence of Alico Asigurări România SA

Competent authority

Financial Supervisory Authority, with its registered offices in Bucharest, Str. Amiral Constantin Bălescu nr. 18, sectorul 1, România

Supervisory authority

Financial Supervisory Authority, with its registered offices in Bucharest, Str. Amiral Constantin Bălescu nr. 18, sectorul 1, România

Applicable law

Law No 32/2000 on insurance and insurance supervision, as amended

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 29.11.2013 | EN | Official Journal of the European Union | C 349/5 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

C 349/5

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Notice of initiation of an anti-dumping proceeding concerning imports of monosodium glutamate originating in Indonesia

2013/C 349/04

The European Commission (the Commission) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), alleging that imports of monosodium glutamate, originating in Indonesia, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 16 October 2013 by Ajinomoto Foods Europe SAS (the complainant) the sole producer of monosodium glutamate, thus representing 100 % of the total Union production of monosodium glutamate.

2.   Product under investigation

The product subject to this investigation is monosodium glutamate (the product under investigation).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in Indonesia ‘the country concerned’, currently falling within CN code ex 2922 42 00. This CN code is given for information only.

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

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

4.   Allegation of injury and causation

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

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

5.   Procedure

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

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

5.1.   
  Procedure for the determination of dumping

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

5.1.1.   Investigating exporting producers

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

(a)   Sampling

In view of the potentially large number of exporting producers 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 17 of the basic Regulation.

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

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the 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.

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 investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation 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). Without prejudice to Section b below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (3).

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

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (individual dumping margin). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified.

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

5.1.2.   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 17 of the basic Regulation.

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

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

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

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under 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.

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 investigation and the sales of the product under investigation.

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

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

In order to obtain information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to the known Union producer.

The aforementioned Union producer 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.

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

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

5.3.   
  Procedure for the assessment of Union interest

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

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

5.4.   
  Other written submissions

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

5.5.   
  Possibility to be heard by the Commission investigation services

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

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

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

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

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

E-mail for dumping issues and Annex I: TRADE-MSG-ART5-DUMPING@ec.europa.eu

E-mail for all other issues and Annex II: TRADE-MSG-ART5-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 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 dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on the website of the Directorate-General for trade (http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/).

8.   Schedule of the investigation

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

9.   Processing of personal data

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

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

(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 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will 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 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife; (ii) parent and child; (iii) brother and sister (whether by whole or half blood); (iv) grandparent and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-in-law and son-in-law or daughter-in-law; (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

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

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

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ANNEX I

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ANNEX II

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| 29.11.2013 | EN | Official Journal of the European Union | C 349/14 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

C 349/14

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of monosodium glutamate originating in the People’s Republic of China

2013/C 349/05

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on the imports of monosodium glutamate 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 2 September 2013 by Ajinomoto Foods Europe SAS (the applicant) the sole producer of monosodium glutamate in the Union, thus representing 100 % of the Union production.

2.   Product under review

The product subject to this review is monosodium glutamate (the product under review) originating in the People’s Republic of China, currently falling within CN code ex 2922 42 00.

3.   Existing measures

The measure currently in force is a definitive anti-dumping duty imposed by Council Regulation (EC) No 1187/2008 (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 or recurrence of dumping and injury to the Union industry.

4.1.1.   Allegation of likelihood of continuation or recurrence of dumping

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China (the country concerned) is considered to be a non-market economy country, the applicant established normal value for the imports from the country concerned on the basis of the price in a market economy third country, namely Thailand. The allegation of likelihood of continuation/recurrence 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 margin calculated is significant for the country concerned.

4.1.2.   Allegation of likelihood of continuation or recurrence of injury

The applicant provides sufficient 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 prices of the imported product under review have, among other consequences, had a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance of the Union industry.

The applicant also alleges the likelihood of further injury. In this respect, the applicant provides 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 and potential of the manufacturing facilities of the exporting producers in the country concerned.

In addition, the applicant alleges 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 Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article11(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.

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 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 country concerned 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 in 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 accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned, normal value will be determined on the basis of the price or constructed value in a market economy third country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin. An appropriate market economy third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time limits; where appropriate, a market economy third country which is subject to the same investigation shall be used.

In the previous investigation Thailand was used as a market economy third country for the purpose of establishing normal value in respect of the country concerned. It should also be noted that, on 29 November 2013, the Commission initiated an anti-dumping proceeding on imports into the Union of monosodium glutamate originating in Indonesia (5).

In the light of the above, for the purpose of the current investigation, the Commission envisages using Thailand or Indonesia as market economy third country.

Interested parties are hereby invited to comment on the appropriateness of the above suggestions 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
   (6)
   (7)

Unrelated importers of the product under review 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 review and in order to complete the investigation within the statutory time limits, the Commission may limit the investigation 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 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.

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 order to obtain the information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to known Union producer and to any known association of Union producers.

The Union producer 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.

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

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 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.

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’ (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 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: N-105 08/020 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

E-mail for dumping issues and Annex I: TRADE-MSG-DUMPING@ec.europa.eu

E-mail for all other issues and Annex II: TRADE-MSG-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 the website of the Directorate-General for trade (http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/).

8.   Schedule of the investigation

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

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council 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).

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(1)  OJ C 60, 1.3.2013, p. 10.

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

(3)  OJ L 322, 2.12.2008, p. 1.

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

(5)  See page 5 of this Official Journal.

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

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

(8)  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).

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

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ANNEX I

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ANNEX II

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 29.11.2013 | EN | Official Journal of the European Union | C 349/23 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

C 349/23

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Prior notification of a concentration

(Case COMP/M.7122 — Apollo/Altamira)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 349/06

| 1. | On 22 November 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 undertaking Apollo EPF Partnership, managed by Apollo EPF Advisors II, LP, which itself is an affiliate of Apollo Management, LP (‘Apollo’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Altamira Santander Real Estate Distribucion, SA (‘Altamira’, Spain) by way of purchase of shares. |
| --- | --- |

1.

On 22 November 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 undertaking Apollo EPF Partnership, managed by Apollo EPF Advisors II, LP, which itself is an affiliate of Apollo Management, LP (‘Apollo’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Altamira Santander Real Estate Distribucion, SA (‘Altamira’, Spain) by way of purchase of shares.

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






  — | for Apollo: portfolio investments, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Apollo: portfolio investments,

| — | for Altamira: provision of debt management services. |
| --- | --- |

—

for Altamira: provision of debt management services.

| 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.7122 — Apollo/Altamira, 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.7122 — Apollo/Altamira, 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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| 29.11.2013 | EN | Official Journal of the European Union | C 349/24 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

C 349/24

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Prior notification of a concentration

(Case COMP/M.7096 — Eni ULX/Liverpool Bay JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 349/07

| 1. | On 22 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Eni ULX Ltd, a wholly owned subsidiary of Eni SpA (‘ENI’, Italy), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Liverpool Bay Ltd (‘LBL’, UK) by way of a purchase of shares. |
| --- | --- |

1.

On 22 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Eni ULX Ltd, a wholly owned subsidiary of Eni SpA (‘ENI’, Italy), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Liverpool Bay Ltd (‘LBL’, UK) by way of a purchase of shares.

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






  — | for ENI: an Italian integrated energy group operating worldwide in the activities of finding, producing, transporting, transforming and marketing oil and gas, electricity generation, petrochemicals, oilfield services, construction and engineering industries, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for ENI: an Italian integrated energy group operating worldwide in the activities of finding, producing, transporting, transforming and marketing oil and gas, electricity generation, petrochemicals, oilfield services, construction and engineering industries,

| — | for LBL: active in the offshore production of oil and gas fields located in Liverpool Bay, UK. |
| --- | --- |

—

for LBL: active in the offshore production of oil and gas fields located in Liverpool Bay, UK.

| 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.7096 — Eni ULX/Liverpool Bay JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| MADO 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.7096 — Eni ULX/Liverpool Bay JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

MADO 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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