# Official Journal C 24/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.024.eng |
| --- | --- |
| Official Journal
  of the European Union | C 24 |
| | |
| English edition | Information and Notices | Volume 5426 January 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.024.eng

Official Journal

of the European Union

C 24

English edition

Information and Notices

Volume 5426 January 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| 2011/C 024/01 | Decision | 1 |
| | European Commission |
| 2011/C 024/02 | Euro exchange rates | 2 |
| 2011/C 024/03 | Commission Decision of 25 January 2011 setting up the EU Joint Transfer Pricing Forum expert group | 3 |
| 2011/C 024/04 | New national side of euro coins intended for circulation | 5 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 024/05 | Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 98, 29.4.2009, p. 11; OJ C 35, 12.2.2010, p. 7; OJ C 304, 10.11.2010, p. 5) | 6 |
| 2011/C 024/06 | Information from Latvia concerning the implementation of Directive 2008/68/EC of the European Parliament and of the Council | 7 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

2011/C 024/01

Decision

1

European Commission

2011/C 024/02

Euro exchange rates

2

2011/C 024/03

Commission Decision of 25 January 2011 setting up the EU Joint Transfer Pricing Forum expert group

3

2011/C 024/04

New national side of euro coins intended for circulation

5

NOTICES FROM MEMBER STATES

2011/C 024/05

Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 98, 29.4.2009, p. 11; OJ C 35, 12.2.2010, p. 7; OJ C 304, 10.11.2010, p. 5)

6

2011/C 024/06

Information from Latvia concerning the implementation of Directive 2008/68/EC of the European Parliament and of the Council

7

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2011/C 024/07 | Notice of initiation of an anti-dumping proceeding concerning imports of oxalic acid originating in India and the People's Republic of China | 8 |
| 2011/C 024/08 | Notice of initiation of an expiry review and a review of the anti-dumping measures applicable to imports of tartaric acid originating in the People's Republic of China | 14 |
| 2011/C 024/09 | Notice of termination of the safeguard investigation initiated under Council Regulations (EC) No 260/2009 and (EC) No 625/2009, concerning imports of wireless wide area networking (WWAN) modems | 19 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 024/10 | Prior notification of a concentration (Case COMP/M.5976 — Lufthansa Technik/Panasonic Avionics/Idair JV) — Candidate case for simplified procedure (
  1
  ) | 20 |
| 2011/C 024/11 | Prior notification of a concentration (Case COMP/M.6071 — INEOS/INEOS NOVA) — Candidate case for simplified procedure (
  1
  ) | 21 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2011/C 024/07

Notice of initiation of an anti-dumping proceeding concerning imports of oxalic acid originating in India and the People's Republic of China

8

2011/C 024/08

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

14

2011/C 024/09

Notice of termination of the safeguard investigation initiated under Council Regulations (EC) No 260/2009 and (EC) No 625/2009, concerning imports of wireless wide area networking (WWAN) modems

19

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 024/10

Prior notification of a concentration (Case COMP/M.5976 — Lufthansa Technik/Panasonic Avionics/Idair JV) — Candidate case for simplified procedure (
  1
  )

1

20

2011/C 024/11

Prior notification of a concentration (Case COMP/M.6071 — INEOS/INEOS NOVA) — Candidate case for simplified procedure (
  1
  )

1

21

| | Corrigenda |
| --- | --- |
| 2011/C 024/12 | Corrigendum to public holidays in 2011 (OJ C 12, 15.1.2011) | 22 |

Corrigenda

2011/C 024/12

Corrigendum to public holidays in 2011 (OJ C 12, 15.1.2011)

22

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

| 26.1.2011 | EN | Official Journal of the European Union | C 24/1 |
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26.1.2011

EN

Official Journal of the European Union

C 24/1

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DECISION

2011/C 24/01

THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,

Having regard to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 and last amended by Council Regulation (EC, Euratom) No 723/2004, and in particular Article 30 of those Staff Regulations,

Having regard to the Bureau decision on the determination of appointing authorities, last amended on 26 October 2004,

Having regard to the following notices of competition and recruitment:

PE/94/A, PE/95/A, PE/96/A, PE/97/A, PE/98/A, PE/99/A, PE/66/S, PE/67/S, PE/72/S, PE/80/S, PE/91/S, PE/97/S, PE/99/S, PE/101/S, PE/103/S, PE/104/S, PE/106/S, A/94, A/95, A/96, EUR/A/167, EUR/A/169, EUR/LA/156, EUR/LA/157, PE/34/B, PE/69/S, B/174, B/175, B/176, PE/133/C, PE/134/C, C/348, AST/1/2005 and AST/1/2006,

Having regard to the opinion delivered by the Joint Committee at its meeting of 20 October 2010,

HAS DECIDED:

Article 1

The period of validity of the reserve lists for the following competitions and recruitment procedures:

PE/96/A, PE/97/A, PE/80/S, PE/99/S, PE/101/S, PE/103/S, PE/104/S, PE/106/S, A/94, A/95, A/96, PE/69/S, B/174, B/175, B/176, C/348, AST/1/2005 and AST/1/2006

is extended until 31 December 2011.

Article 2

The period of validity of the reserve lists for the following competitions and recruitment procedures:

PE/94/A, PE/95/A, PE/98/A, PE/99/A, PE/66/S, PE/67/S, PE/72/S, PE/91/S, PE/97/SEUR/A/167, EUR/A/169, EUR/LA/156, EUR/LA/157, PE/34/B, PE/133/C and PE/134/C

is not extended.

Done at Luxembourg, 16 December 2010.

Klaus WELLE

Secretary-General

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European Commission

| 26.1.2011 | EN | Official Journal of the European Union | C 24/2 |
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26.1.2011

EN

Official Journal of the European Union

C 24/2

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Euro exchange rates (1)

25 January 2011

2011/C 24/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3596 |
| JPY | Japanese yen | 112,08 |
| DKK | Danish krone | 7,4539 |
| GBP | Pound sterling | 0,86200 |
| SEK | Swedish krona | 8,9074 |
| CHF | Swiss franc | 1,2871 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8480 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,222 |
| HUF | Hungarian forint | 275,22 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7028 |
| PLN | Polish zloty | 3,8755 |
| RON | Romanian leu | 4,2605 |
| TRY | Turkish lira | 2,1294 |
| AUD | Australian dollar | 1,3724 |
| CAD | Canadian dollar | 1,3595 |
| HKD | Hong Kong dollar | 10,5967 |
| NZD | New Zealand dollar | 1,7810 |
| SGD | Singapore dollar | 1,7442 |
| KRW | South Korean won | 1 524,95 |
| ZAR | South African rand | 9,6065 |
| CNY | Chinese yuan renminbi | 8,9498 |
| HRK | Croatian kuna | 7,4093 |
| IDR | Indonesian rupiah | 12 305,86 |
| MYR | Malaysian ringgit | 4,1536 |
| PHP | Philippine peso | 60,624 |
| RUB | Russian rouble | 40,5200 |
| THB | Thai baht | 42,100 |
| BRL | Brazilian real | 2,2734 |
| MXN | Mexican peso | 16,4593 |
| INR | Indian rupee | 62,3037 |

Currency

Exchange rate

USD

US dollar

1,3596

JPY

Japanese yen

112,08

DKK

Danish krone

7,4539

GBP

Pound sterling

0,86200

SEK

Swedish krona

8,9074

CHF

Swiss franc

1,2871

ISK

Iceland króna

NOK

Norwegian krone

7,8480

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,222

HUF

Hungarian forint

275,22

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7028

PLN

Polish zloty

3,8755

RON

Romanian leu

4,2605

TRY

Turkish lira

2,1294

AUD

Australian dollar

1,3724

CAD

Canadian dollar

1,3595

HKD

Hong Kong dollar

10,5967

NZD

New Zealand dollar

1,7810

SGD

Singapore dollar

1,7442

KRW

South Korean won

1 524,95

ZAR

South African rand

9,6065

CNY

Chinese yuan renminbi

8,9498

HRK

Croatian kuna

7,4093

IDR

Indonesian rupiah

12 305,86

MYR

Malaysian ringgit

4,1536

PHP

Philippine peso

60,624

RUB

Russian rouble

40,5200

THB

Thai baht

42,100

BRL

Brazilian real

2,2734

MXN

Mexican peso

16,4593

INR

Indian rupee

62,3037

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

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| 26.1.2011 | EN | Official Journal of the European Union | C 24/3 |
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26.1.2011

EN

Official Journal of the European Union

C 24/3

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COMMISSION DECISION

of 25 January 2011

setting up the EU Joint Transfer Pricing Forum expert group

2011/C 24/03

THE EUROPEAN COMMISSION,

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

Whereas:

| (1) | Commission Decision 2007/75/EC of 22 December 2006 setting up an expert group on transfer pricing (1) set up an expert group called the EU Joint Transfer Pricing Forum. That decision expires on 31 March 2011. |
| --- | --- |

(1)

Commission Decision 2007/75/EC of 22 December 2006 setting up an expert group on transfer pricing (1) set up an expert group called the EU Joint Transfer Pricing Forum. That decision expires on 31 March 2011.

| (2) | The EU Joint Transfer Pricing Forum had been informally set up in 2002. Since then, it has provided for a useful discussion forum between Member States and the private sector which has led the Commission to propose three Codes of Conduct which have been subsequently adopted by Member States in the Council. In addition, the Commission has adopted several documents based on the work of the EU Joint Transfer Pricing Forum. |
| --- | --- |

(2)

The EU Joint Transfer Pricing Forum had been informally set up in 2002. Since then, it has provided for a useful discussion forum between Member States and the private sector which has led the Commission to propose three Codes of Conduct which have been subsequently adopted by Member States in the Council. In addition, the Commission has adopted several documents based on the work of the EU Joint Transfer Pricing Forum.

| (3) | Given the importance of transfer pricing tax matters as an Internal Market issue, the positive experience with the EU Joint Transfer Pricing Forum in assisting and advising the Commission, and the Commission's continuous need for such a body, it is necessary to set up a new expert group EU Joint Transfer Pricing Forum for the continuation of the work of the forum and to define its tasks and its structure. |
| --- | --- |

(3)

Given the importance of transfer pricing tax matters as an Internal Market issue, the positive experience with the EU Joint Transfer Pricing Forum in assisting and advising the Commission, and the Commission's continuous need for such a body, it is necessary to set up a new expert group EU Joint Transfer Pricing Forum for the continuation of the work of the forum and to define its tasks and its structure.

| (4) | The EU Joint Transfer Pricing Forum should assist and advise the Commission in transfer pricing tax issues. |
| --- | --- |

(4)

The EU Joint Transfer Pricing Forum should assist and advise the Commission in transfer pricing tax issues.

| (5) | The EU Joint Transfer Pricing Forum should be composed of governmental and private sector experts in the field of transfer pricing. It is also desirable to introduce the possibility to replace Members in order to maintain a balanced representation of relevant areas of expertise and areas of interest. |
| --- | --- |

(5)

The EU Joint Transfer Pricing Forum should be composed of governmental and private sector experts in the field of transfer pricing. It is also desirable to introduce the possibility to replace Members in order to maintain a balanced representation of relevant areas of expertise and areas of interest.

| (6) | Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2). |
| --- | --- |

(6)

Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2).

| (7) | Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3). |
| --- | --- |

(7)

Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

| (8) | Decision 2007/75/EC should be repealed. |
| --- | --- |

(8)

Decision 2007/75/EC should be repealed.

| (9) | It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension, |
| --- | --- |

(9)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

The group of experts called the EU Joint Transfer Pricing Forum, hereinafter referred to as ‘the group’, is hereby set up.

Article 2

Task

The group's task shall be:

| 1. | to create a platform where business and national tax administration experts can discuss transfer pricing problems which constitute obstacles to cross-border business activities within the Union; |
| --- | --- |

1.

to create a platform where business and national tax administration experts can discuss transfer pricing problems which constitute obstacles to cross-border business activities within the Union;

| 2. | to advise the Commission on transfer pricing tax issues; |
| --- | --- |

2.

to advise the Commission on transfer pricing tax issues;

| 3. | to assist the Commission in finding practical solutions, compatible with the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, in order to achieve a more uniform application of transfer pricing rules within the Union. |
| --- | --- |

3.

to assist the Commission in finding practical solutions, compatible with the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, in order to achieve a more uniform application of transfer pricing rules within the Union.

Article 3

Consultation

1.   The Commission may consult the group on any matter relating to transfer pricing.

2.   The Chairperson of the group may advise the Commission to consult the group on a specific question.

Article 4

Membership — Appointment

1.   The group shall comprise:

| (a) | one representative from each Member State; |
| --- | --- |

(a)

one representative from each Member State;

| (b) | 16 representatives from the private sector; |
| --- | --- |

(b)

16 representatives from the private sector;

| (c) | a Chairperson. |
| --- | --- |

(c)

a Chairperson.

2.   Members representing the Member States shall be appointed by the national authorities concerned. Those members shall be civil servants dealing with transfer pricing matters.

3.   Private sector members shall be appointed by the Director-General of the Directorate-General for Taxation and Customs Union from specialists with experience and competence in the areas referred to in Article 2 and Article 3(1) and who have responded to the call for applications.

4.   Applicants deemed suitable for membership but not appointed may be placed on a reserve list, which the Commission may use for the appointment of replacements.

5.   Members are appointed for two years. They shall remain in office until such time as they are replaced or their term of office ends. Their term of office may be renewed.

6.   Members may be replaced for the remainder of their term of office in any of the following cases:

| (a) | where the member resigns; |
| --- | --- |

(a)

where the member resigns;

| (b) | where the member is no longer capable of contributing effectively to the group's deliberations; |
| --- | --- |

(b)

where the member is no longer capable of contributing effectively to the group's deliberations;

| (c) | where the member does not comply with the conditions set out in Article 339 of the Treaty; |
| --- | --- |

(c)

where the member does not comply with the conditions set out in Article 339 of the Treaty;

| (d) | where the member is not independent of any outside influence; |
| --- | --- |

(d)

where the member is not independent of any outside influence;

| (e) | where the member has failed to inform the Commission in good time of a conflict of interest; |
| --- | --- |

(e)

where the member has failed to inform the Commission in good time of a conflict of interest;

| (f) | where it is desirable in order to maintain a balanced representation of relevant areas of expertise and areas of interest. |
| --- | --- |

(f)

where it is desirable in order to maintain a balanced representation of relevant areas of expertise and areas of interest.

7.   Private sector members shall be appointed in a personal capacity, and shall act independently and in the public interest.

8.   The names of individuals appointed in a personal capacity shall be published in the Register of Commission expert groups and other similar entities, hereinafter referred to as ‘Register’, as well as on a dedicated website;

9.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 5

Operation

1.   The Director-General of the Directorate-General for Taxation and Customs Union shall appoint the Chairperson of the group.

2.   In agreement with the services of the Commission, the group may set up subgroups to examine specific questions on the basis of the terms of reference defined by the group. Such subgroups shall be disbanded as soon as their mandate is fulfilled.

3.   The Commission's representative may invite on an ad hoc basis experts from outside the group with specific competence in a subject on the agenda to participate in the work of the group or subgroup. In addition, the Commission's representative may give observer status to individuals, organisations as defined in rule 8(3) of the horizontal rules on expert groups, EU agencies and accession countries. In particular, representatives of accession countries and from the OECD Secretariat may be invited as observers.

4.   Members of expert groups and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Decision 2001/844/EC, ECSC, Euratom. Should they fail to respect these obligations, the Commission may take all appropriate measures.

5.   The meetings of the group and its subgroups shall be held normally on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings of the group or its subgroups.

6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.

7.   The Commission publishes relevant information on the activities carried out by the group either by including it in the Register or by placing it on a dedicated website.

Article 6

Meeting expenses

1.   Participants in the activities of the group shall not be remunerated for the services they render.

2.   Travel and, where appropriate, subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.

3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

Article 7

Repeal

Decision 2007/75/EC is repealed.

Article 8

Applicability

This Decision shall apply until 31 March 2015.

Done at Brussels, 25 January 2011.

For the Commission

Algirdas ŠEMETA

Member of the Commission

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(1)  OJ L 32, 6.2.2007, p. 189.

1

(2)  OJ L 317, 3.12.2001, p. 1.

2

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

3

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| 26.1.2011 | EN | Official Journal of the European Union | C 24/5 |
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26.1.2011

EN

Official Journal of the European Union

C 24/5

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New national side of euro coins intended for circulation

2011/C 24/04

Image

National side of the new commemorative 2-euro coin intended for circulation and issued by Germany

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

| Issuing country | : | Germany |
| --- | --- | --- |
| Subject of commemoration | : | Nordrhein-Westfalen |
| Description of the design | : | The design shows the Köln cathedral in its entirety, as a masterpiece of the Gothic architecture, emphasizing the beauty of the south portal. The name NORDRHEIN-WESTFALEN, just below the building, links the pictured building with the state. The mint mark, represented by the letter A, D, F, G or J, is located in the right upper core region, the initials of the artist, Heinz Hoyer, in the right central core area.
  The coin’s outer ring depicts the 12 stars of the European Union flag. Between the stars, at the bottom, the year ‘2011’ and at the top the indication of the issuing country reference ‘D’. |
| Volume of issuance | : | 30 million coins |
| Date of issue | : | January 2011 |

Issuing country

:

Germany

Subject of commemoration

:

Nordrhein-Westfalen

Description of the design

:

The design shows the Köln cathedral in its entirety, as a masterpiece of the Gothic architecture, emphasizing the beauty of the south portal. The name NORDRHEIN-WESTFALEN, just below the building, links the pictured building with the state. The mint mark, represented by the letter A, D, F, G or J, is located in the right upper core region, the initials of the artist, Heinz Hoyer, in the right central core area.

The coin’s outer ring depicts the 12 stars of the European Union flag. Between the stars, at the bottom, the year ‘2011’ and at the top the indication of the issuing country reference ‘D’.

Volume of issuance

:

30 million coins

Date of issue

:

January 2011

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(1)  For the other national sides of euro circulation coins, see: http://ec.europa.eu/economy_finance/euro/cash/coins/index_en.htm

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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NOTICES FROM MEMBER STATES

| 26.1.2011 | EN | Official Journal of the European Union | C 24/6 |
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26.1.2011

EN

Official Journal of the European Union

C 24/6

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Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 98, 29.4.2009, p. 11; OJ C 35, 12.2.2010, p. 7; OJ C 304, 10.11.2010, p. 5)

2011/C 24/05

The publication of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.

In addition to publication in the Official Journal, a monthly update is available on the website of the Directorate-General for Home Affairs.

SPAIN

Replacement of the information published in OJ C 35, 12.2.2010

The Order of the Ministry of the Presidency (PRE/1282/2007) of 10 May 2007 on the financial means aliens are required to have in order to enter Spain specifies the amount that aliens have to prove is available to them in order to be able to enter Spain.

| (a) | For the costs of their stay in Spain, the amount they have available to them must represent, in euro, 10 % of the gross national minimum wage (EUR 64,14 for 2011) or its legal equivalent in foreign currency multiplied by the number of days they intend to stay in Spain and by the number of dependent persons travelling with them. The minimum amount at their disposal must represent 90 % of the gross national minimum wage (EUR 577,26 for 2011) or its legal equivalent in foreign currency per person, regardless of the intended duration of the stay. |
| --- | --- |

(a)

For the costs of their stay in Spain, the amount they have available to them must represent, in euro, 10 % of the gross national minimum wage (EUR 64,14 for 2011) or its legal equivalent in foreign currency multiplied by the number of days they intend to stay in Spain and by the number of dependent persons travelling with them. The minimum amount at their disposal must represent 90 % of the gross national minimum wage (EUR 577,26 for 2011) or its legal equivalent in foreign currency per person, regardless of the intended duration of the stay.

| (b) | For their return to the state of provenance or for transit via third states, aliens must be able to produce a personal, untransferable and fixed-date ticket or tickets for the planned means of transport. |
| --- | --- |

(b)

For their return to the state of provenance or for transit via third states, aliens must be able to produce a personal, untransferable and fixed-date ticket or tickets for the planned means of transport.

Aliens must prove that they have the above means of subsistence either by producing them if they are in cash, or by producing certified cheques, traveller's cheques, receipts or credit cards, which must be accompanied by a recent bank statement (bank letters or Internet bank statements are not acceptable) or by other evidence clearly showing the amount of credit available on the card or bank account.

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| 26.1.2011 | EN | Official Journal of the European Union | C 24/7 |
| --- | --- | --- | --- |

26.1.2011

EN

Official Journal of the European Union

C 24/7

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Information from Latvia concerning the implementation of Directive 2008/68/EC of the European Parliament and of the Council

2011/C 24/06

The Republic of Latvia has informed the Commission according to Annex II, Section II.2.8 to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods that:

| — | In accordance to the requirements set out in Annex II, Section II.2.8 to Directive 2008/68/EC Latvia uses Annex II to SMGS regarding the transport of dangerous goods by rail from and to contracting parties of the OSJD which are not Member States of the European Union. |
| --- | --- |

—

In accordance to the requirements set out in Annex II, Section II.2.8 to Directive 2008/68/EC Latvia uses Annex II to SMGS regarding the transport of dangerous goods by rail from and to contracting parties of the OSJD which are not Member States of the European Union.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 26.1.2011 | EN | Official Journal of the European Union | C 24/8 |
| --- | --- | --- | --- |

26.1.2011

EN

Official Journal of the European Union

C 24/8

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Notice of initiation of an anti-dumping proceeding concerning imports of oxalic acid originating in India and the People's Republic of China

2011/C 24/07

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 oxalic acid, originating in India and the People's Republic of China, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 13 December 2010 by the European Chemical Industry Council (CEFIC) (the complainant) on behalf of a producer representing a major proportion, in this case more than 25 % of the total Union production of oxalic acid.

2.   Product under investigation

The product subject to this investigation is oxalic acid, whether in dihydrate (CUS number 0028635-1 and CAS number 6153-56-6) or anhydrous form (CUS number 0021238-4 and CAS number 144-62-7) and whether or not in aqueous solution (the product under investigation).

3.   Allegation of dumping
   (2)

The product allegedly being dumped is the product under investigation, originating in India and the People's Republic of China (the countries concerned), currently falling within CN code ex 2917 11 00. This CN code is given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China is considered to be a non-market economy country, the complainant 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 India. The allegation of dumping is based on a comparison of the normal value thus established with the export prices (at ex-works level) of the product under investigation when sold for export to the Union.

The allegation of dumping for India is based on a comparison of domestic prices with the export prices (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 both exporting countries concerned.

4.   Allegation of injury

The complainant has provided evidence that imports of the product under investigation from the countries concerned have increased overall in absolute terms and have increased 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, among other consequences, had a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the financial situation and the employment 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 countries concerned is being dumped and whether this dumping has 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 (3) of the product under investigation from the countries concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

(a)   Sampling

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

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

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (IP), i.e. during the period 1 January 2010 to 31 December 2010 for each of the 27 Member States (4) separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (IP), i.e. during the period 1 January 2010 to 31 December 2010 for each of the 27 Member States (4) separately and in total,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the IP, i.e. during the period 1 January 2010 to 31 December 2010, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the IP, i.e. during the period 1 January 2010 to 31 December 2010,

| — | the precise activities of the company worldwide with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the product under investigation,

| — | the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

The exporting producers should also indicate whether, in the event that they are not selected to be in the sample, they would like to receive a questionnaire and other claim forms in order to fill these in and thus claim an individual dumping margin in accordance with Section (b) below.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (on-spot verification). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that party than if it had cooperated.

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 countries concerned and may contact any known associations of exporting producers.

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

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the countries concerned and associations of exporting producers will be notified by the Commission, via the authorities of the countries concerned if appropriate, of the companies selected to be in the sample.

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.

Companies that had agreed to their possible inclusion in the sample but were not selected to be in the sample shall be considered to be cooperating (non-sampled cooperating exporting producers). Without prejudice to Section (b) below, the anti-dumping duties that may be applied to imports from the non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample pursuant to Article 9(6) of the basic Regulation.

(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 other claim forms in accordance with Section (a) above and return them duly completed within the deadlines specified below. The completed questionnaire reply must be submitted within 37 days of the date of the notification of the sample selection, unless otherwise specified. It must be underlined that, in order for the Commission to be able to establish individual dumping margins for those exporting producers in the non-market economy country, it must be proven that they fulfil the criteria for being granted market economy treatment (MET) or at least individual treatment (IT) as specified in Section 5.1.2.2. below.

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

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

5.1.2.1.   Selection of a Market Economy Country

Subject to the provisions of Section 5.1.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People's Republic of China normal value shall be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission shall select an appropriate market economy third country. The Commission has provisionally chosen India. 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.

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

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated claim to this effect (MET claim). Market economy treatment (MET) will be granted if the assessment of the MET claim shows that criteria laid down in Article 2(7)(c) of the basic Regulation (6) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

Individual exporting producers in the country concerned may also, or as an alternative, claim individual treatment (IT). To be granted IT these exporting producers must provide evidence that they fulfil the criteria set out in Article 9(5) of the basic Regulation (7). The dumping margin of the exporting producers granted IT will be calculated on the basis of their own export prices. The normal value for exporting producers granted IT will be based on the values established for the market economy third country selected as outlined above.

(a)   Market economy treatment (MET)

The Commission will send MET claim forms to all the exporting producers in the country concerned selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, as well as to the authorities of the People's Republic of China. All exporting producers claiming MET should submit a completed MET claim form within 15 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

(b)   Individual treatment (IT)

To apply for IT, exporting producers in the country concerned selected to be in the sample and non-sampled cooperating exporting producers that wish to apply for an individual dumping margin should submit the MET claim form with the sections relevant for IT duly completed within 15 days of the date of the notification of sample selection, unless otherwise specified.

5.1.3.   Investigating unrelated importers
   (8)
   (9)

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 17of 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 should 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 following information on their company or companies:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the precise activities of the company with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company with regard to the product under investigation,

| — | the volume in tonnes and value in euro of imports into and resales made on the Union market during the period 1 January 2010 to 31 December 2010 of the imported product under investigation originating in the countries concerned, |
| --- | --- |

—

the volume in tonnes and value in euro of imports into and resales made on the Union market during the period 1 January 2010 to 31 December 2010 of the imported product under investigation originating in the countries concerned,

| — | the names and the precise activities of all related companies (10) involved in the production and/or sales of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (10) involved in the production and/or sales of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (on-spot verification). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission findings for non-cooperating importers are based on the facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the 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 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 completed questionnaire will contain information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation and on the sales of the product under investigation.

5.2.   
  Procedure for the determination of injury

Injury means material injury to the Union industry, or threat of material injury to the industry, or material retardation of the establishment of such an industry. A determination of injury is based on positive evidence and involves an objective determination of the volume of 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 materially injured, Union producers of the product under investigation 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 the known Union producers and to any known association of Union producers. All Union producers and associations of Union producers are invited to contact the Commission immediately by fax or by e-mail, 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 themselves known and request a questionnaire.

The Union producers and the associations of Union producers must submit the completed questionnaire within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production and the sales of the product under investigation.

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 as to whether the adoption of anti-dumping measures would be against the Union interest pursuant to Article 21 of the basic Regulation. Union producers, importers and their representative associations, users and their representative user organisations 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 whether the imposition of measures would not be against 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 should 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 should be submitted within the specific deadlines set by the Commission in its communication with the parties.

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

All submissions, including information submitted for the selection of the sample, completed MET claim forms, completed questionnaires and updates thereof, made by interested parties must be made in writing in both paper and electronic format, and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. If an interested party cannot provide its submissions and requests in electronic format for technical reasons, it must immediately inform the Commission.

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 (11)’.

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.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N-105 04/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22967621 |
| E-mail: TRADE-AD-OXALIC-ACID@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22967621

E-mail: TRADE-AD-OXALIC-ACID@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 of 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 on 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 others, 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 Directorate-General for Trade’s website: (http://ec.europa.eu/trade/issues/respectrules/ho/index_en.htm).

8.   Schedule of the investigation

The investigation will be concluded, according 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. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (12) 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.

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

(2)  Dumping is the practice of selling a product for export (the product concerned) at a price below its ‘normal value’. The normal value is usually taken to be a comparable price for the ‘like’ product on the domestic market of the exporting country. The term ‘like product’ is interpreted to mean a product which is alike in all respects to the product concerned or, in the absence of such a product, a product which closely resembles the product.

(3)  An exporting producer is any company in the countries 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 concerned. Non-producing exporters are normally not entitled to an individual duty rate.

(4)  The 27 Member States of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

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

(7)  The exporting producers have to demonstrate in particular that: (i) in the case of wholly or partly foreign-owned firms or joint ventures, exporters are free to repatriate capital and profits; (ii) export prices and quantities and conditions and terms of sale are freely determined; (iii) the majority of the shares belong to private persons. State officials appearing on the Board of Directors or holding key management positions shall either be in a minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference; (iv) exchange rate conversions are carried out at the market rate; and (v) State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty.

(8)  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. For the definition of a related party see footnote 5.

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

(10)  For the definition of a related party see footnote 5.

(11)  This document is a confidential document 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).

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

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| 26.1.2011 | EN | Official Journal of the European Union | C 24/14 |
| --- | --- | --- | --- |

26.1.2011

EN

Official Journal of the European Union

C 24/14

---

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

2011/C 24/08

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of tartaric acid originating in the People’s Republic of China (‘country concerned’), 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 27 October by the following producers (‘the applicants’): Distillerie Bonollo SpA, Industria Chimica Valenzana SpA, Distillerie Mazzari SpA, Caviro Distillerie S.r.l. and Comercial Quimica Sarasa s.l. representing a major proportion, in this case more than 50 %, of the Union production of tartaric acid.

2.   Product

The product under review is tartaric acid, excluding D-(-)-tartaric acid with a negative optical rotation of at least 12,0 degrees, measured in a water solution according to the method described in the European Pharmacopoeia, originating in the People’s Republic of China (‘the product concerned’), currently falling within CN code ex 2918 12 00 (TARIC code 2918120090).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 130/2006 (3) as last amended by Council Regulation (EC) No 150/2008 (4) (‘Council Regulation (EC) No 130/2006’).

4.   Grounds for the review

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

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the exporting producers from the People’s Republic of China which were not granted market economy treatment during the investigation leading to the measures in force on the basis of domestic sales prices in an appropriate market economy country, which is mentioned in point 5.1(d). For those companies which were granted market economy treatment during the investigation, normal value has been established on the basis of a constructed normal value in the People’s Republic of China. The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentences, with the export prices of the product concerned when sold for export to the European Union.

On this basis, the dumping margins calculated are significant.

The applicants have provided evidence that imports of the product concerned from the People’s Republic of China have increased overall in absolute terms and in terms of market share.

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

5.   Procedure

Having determined, after 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.

5.1.   
  Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation of dumping and a continuation of injury.

(a)   Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 17 of the basic Regulation.

(i)   Sampling for exporters/producers in the People’s Republic of China

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| | name, address, e-mail address, telephone, and fax numbers, and contact person, |
| --- | --- |

name, address, e-mail address, telephone, and fax numbers, and contact person,

| | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 January 2010 to 31 December 2010 for each of the 27 Member States (5) separately and in total, |
| --- | --- |

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 January 2010 to 31 December 2010 for each of the 27 Member States (5) separately and in total,

| | the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 January 2010 to 31 December 2010, |
| --- | --- |

the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 January 2010 to 31 December 2010,

| | the turnover in local currency and the volume in tonnes of the product concerned sold to other third countries during the period 1 January 2010 to 31 December 2010, |
| --- | --- |

the turnover in local currency and the volume in tonnes of the product concerned sold to other third countries during the period 1 January 2010 to 31 December 2010,

| | the precise activities of the company worldwide with regard to the product concerned, |
| --- | --- |

the precise activities of the company worldwide with regard to the product concerned,

| | the names and the precise activities of all related companies (6) involved in the production and/or sales (export and/or domestic) of the product concerned, |
| --- | --- |

the names and the precise activities of all related companies (6) involved in the production and/or sales (export and/or domestic) of the product concerned,

| | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the People’s Republic of China, and any known associations of exporters/producers.

(ii)   Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| | name, address, e-mail address, telephone, and fax numbers and contact person, |
| --- | --- |

name, address, e-mail address, telephone, and fax numbers and contact person,

| | the precise activities of the company with regard to the product concerned, |
| --- | --- |

the precise activities of the company with regard to the product concerned,

| | the volume in tones and value in euro of imports into and resales made on the Union market during the period 1 January 2010 to 31 December 2010 of the imported product concerned originating in the People's Republic of China, |
| --- | --- |

the volume in tones and value in euro of imports into and resales made on the Union market during the period 1 January 2010 to 31 December 2010 of the imported product concerned originating in the People's Republic of China,

| | the names and the precise activities of all related companies (7) involved in the production and/or sales of the product concerned, |
| --- | --- |

the names and the precise activities of all related companies (7) involved in the production and/or sales of the product concerned,

| | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Sampling for Union producers

In view of the large number of Union producers supporting the request, the Commission intends to investigate injury to the Union industry by applying sampling.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all Union producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| | name, address, e-mail address, telephone, and fax numbers, and contact person, |
| --- | --- |

name, address, e-mail address, telephone, and fax numbers, and contact person,

| | the precise activities of the company worldwide with regard to the like product (produced in the Union), |
| --- | --- |

the precise activities of the company worldwide with regard to the like product (produced in the Union),

| | the value in euro of sales of the like product made on the Union market during the period 1 January 2010 to 31 December 2010, |
| --- | --- |

the value in euro of sales of the like product made on the Union market during the period 1 January 2010 to 31 December 2010,

| | the volume in tonnes of sales of the like product made on the Union market during the period 1 January 2010 to 31 December 2010, |
| --- | --- |

the volume in tonnes of sales of the like product made on the Union market during the period 1 January 2010 to 31 December 2010,

| | the volume in tonnes of the production of the like product during the period 1 January 2010 to 31 December 2010, |
| --- | --- |

the volume in tonnes of the production of the like product during the period 1 January 2010 to 31 December 2010,

| | the volume in tones imported into the Union of the product concerned produced in the country concerned during the period 1 January 2010 to 31 December 2010, if applicable, |
| --- | --- |

the volume in tones imported into the Union of the product concerned produced in the country concerned during the period 1 January 2010 to 31 December 2010, if applicable,

| | the names and the precise activities of all related companies (8) involved in the production and/or sales of the like product (produced in the Union) and the product concerned (produced in the country concerned), |
| --- | --- |

the names and the precise activities of all related companies (8) involved in the production and/or sales of the like product (produced in the Union) and the product concerned (produced in the country concerned),

| | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of Union producers, the Commission will, in addition, contact any known associations of Union producers.

(iv)   Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in point 6(b)(iii) and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union industry and to any known association of producers in the Union, to the sampled exporters/producers in the People’s Republic of China and to any known association of exporters/producers, to the sampled importers, to any known association of importers, and to the authorities of the country concerned.

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).

(d)   Selection of the market economy country

In the previous investigation Argentina was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People’s Republic of China. The Commission envisages using Argentina again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(c).

5.2.   
  Procedure for the assessment of Union interest

In accordance with Article 21 of the basic Regulation and in the event that the likelihood of a continuation of dumping and continuation of injury is confirmed, a determination will be made as to whether maintaining the anti-dumping measures would not be against the Union interest. For this reason the Commission may send questionnaires to the known Union industry, importers, their representative associations, representative users and representative consumer organisations. Such parties, including those not known to the Commission, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the preceding sentence may request a hearing, setting out the particular reasons why they should be heard, within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 21 of the basic Regulation will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire or other claim forms as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party’s making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limit specified in point 6(b)(iii).

Hearings

All interested parties may also apply to be heard by the Commission within the same 37-day time limit.

(b)   Specific time limit in respect of sampling

The information specified in point 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample, unless otherwise specified.

(c)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of Argentina which, as mentioned in point 5.1(d), is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People’s Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (9) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N-105 04/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

8.   Non-cooperation

In cases in which 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 in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according 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.

10.   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 party to the proceeding 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 in accordance with 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.

11.   Review of existing measures on Hangzhou Bioking Biochemical Engineering Co., Ltd

According to Council Regulation (EC) No 130/2006, the duty rate for Hangzhou Bioking Biochemical Engineering Co., Ltd (‘Hangzhou Bioking’) is 0 %.

In light of the report of the Appellate Body of the WTO in Mexico — Beef and Rice (10), the continued imposition of the measures imposed on Hangzhou Bioking by Council Regulation (EC) No 130/2006 is no longer appropriate and Council Regulation (EC) No 130/2006 should be amended accordingly. A review should thus be opened as regards Council Regulation (EC) No 130/2006 in order to allow any amendment necessary in the light of the Mexico — Beef and Rice Appellate Body report.

Therefore, the Commission hereby initiates, pursuant to Article 2(3) of Regulation (EC) No 1515/2001, a review of Council Regulation (EC) No 130/2006.

12.   Processing of personal data

Please note that 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 (11).

13.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of the Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer’s web pages of the website of the Directorate-General for Trade (http://ec.europa.eu/trade).

---

(1)  OJ C 211, 4.8.2010, p. 11.

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

(3)  OJ L 23, 27.1.2006, p. 1.

(4)  OJ L 48, 22.2.2008, p. 1.

(5)  The 27 Member States of the European Union are: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

(6)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(7)  See footnote 5.

(8)  See footnote 5.

(9)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

(10)  Mexico — Definitive Anti-dumping Measures on Beef and Rice, Report of the Appellate Body, WT/DS295/AB/R, 29 November 2005.

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

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| 26.1.2011 | EN | Official Journal of the European Union | C 24/19 |
| --- | --- | --- | --- |

26.1.2011

EN

Official Journal of the European Union

C 24/19

---

Notice of termination of the safeguard investigation initiated under Council Regulations (EC) No 260/2009 and (EC) No 625/2009, concerning imports of wireless wide area networking (WWAN) modems

2011/C 24/09

Further to a request from the Kingdom of Belgium, a safeguard investigation under Council Regulations (EC) No 260/2009 and (EC) No 625/2009, published in Notice 2010/C 171/07 and concerning imports of wireless wide area networking (WWAN) modems was initiated on 30 June 2010 (1).

In accordance with the applicable provisions under Chapter III of Council Regulation (EC) No 260/2009 and Chapter III of Council Regulation (EC) No 625/2009, the Commission commenced an investigation procedure seeking to determine whether, as a result of unforeseen developments, WWAN modems are imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to the Union producers concerned.

On 29 October 2010, the Kingdom of Belgium withdrew its request for safeguard measures.

Considering that the request for safeguard measures has been withdrawn and taking into account the outcome of the consultation with the Member States, the Commission sees no reason to further pursue the present investigation. The safeguard investigation concerning imports of WWAN modems, initiated on 30 June 2010, shall hereby be terminated.

---

(1)  OJ C 171, 30.6.2010, p. 6.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 26.1.2011 | EN | Official Journal of the European Union | C 24/20 |
| --- | --- | --- | --- |

26.1.2011

EN

Official Journal of the European Union

C 24/20

---

Prior notification of a concentration

(Case COMP/M.5976 — Lufthansa Technik/Panasonic Avionics/Idair JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 24/10

| 1. | On 18 January 2011, 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 Lufthansa Technik AG (‘LHT’, Germany) and Panasonic Avionics Corporation (‘PAC’, United States of America) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Idair GmbH (‘Idair’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 18 January 2011, 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 Lufthansa Technik AG (‘LHT’, Germany) and Panasonic Avionics Corporation (‘PAC’, United States of America) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Idair GmbH (‘Idair’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for LHT: aircraft, engine and component maintenance, repair and overhaul. LHT's activities also include the development, design, manufacture and supply of cabin management and in-flight entertainment (CMS/IFE) systems and CMS/IFE components, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for LHT: aircraft, engine and component maintenance, repair and overhaul. LHT's activities also include the development, design, manufacture and supply of cabin management and in-flight entertainment (CMS/IFE) systems and CMS/IFE components,

| — | for PAC: CMS/IFE systems integrator, |
| --- | --- |

—

for PAC: CMS/IFE systems integrator,

| — | for Idair: design, manufacture and supply of specialised aircraft cabin equipment. |
| --- | --- |

—

for Idair: design, manufacture and supply of specialised aircraft cabin equipment.

| 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.5976 — Lufthansa Technik/Panasonic Avionics/Idair JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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.5976 — Lufthansa Technik/Panasonic Avionics/Idair JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(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’).

---

| 26.1.2011 | EN | Official Journal of the European Union | C 24/21 |
| --- | --- | --- | --- |

26.1.2011

EN

Official Journal of the European Union

C 24/21

---

Prior notification of a concentration

(Case COMP/M.6071 — INEOS/INEOS NOVA)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 24/11

| 1. | On 17 January 2011, 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 INEOS Industries Holdings Limited (United Kingdom) belonging to the INEOS group of companies (‘INEOS’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of INEOS NOVA (Switzerland) by way of purchase of shares. |
| --- | --- |

1.

On 17 January 2011, 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 INEOS Industries Holdings Limited (United Kingdom) belonging to the INEOS group of companies (‘INEOS’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of INEOS NOVA (Switzerland) by way of purchase of shares.

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






  — | for INEOS: global manufacturer of petrochemicals, specialty chemicals and oil products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for INEOS: global manufacturer of petrochemicals, specialty chemicals and oil products,

| — | for INEOS NOVA: manufacturer of styrene monomer, polystyrene and expanded polystyrene and certain related products. |
| --- | --- |

—

for INEOS NOVA: manufacturer of styrene monomer, polystyrene and expanded polystyrene and certain related 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.6071 — INEOS/INEOS NOVA, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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.6071 — INEOS/INEOS NOVA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(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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Corrigenda

| 26.1.2011 | EN | Official Journal of the European Union | C 24/22 |
| --- | --- | --- | --- |

26.1.2011

EN

Official Journal of the European Union

C 24/22

---

Corrigendum to public holidays in 2011

(
  Official Journal of the European Union C 12 of 15 January 2011
  )

2011/C 24/12

On page 10, ‘España’:

for:

‘21.4, 22.4, 25.4, 9.5, 2.6, 3.6, 13.6, 21.7, 1.11, 26.12, 27.12, 28.12, 29.12, 30.12’,

read:

‘1.1, 6.1, 21.4, 22.4, 25.7, 15.8, 12.10, 1.11, 6.12, 8.12’.

---