# Official Journal C 354/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 354 |
| | |
| English edition | Information and Notices | Volume 578 October 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 354

English edition

Information and Notices

Volume 578 October 2014

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 354/01 | Non-opposition to a notified concentration (Case M.7371 — Nordic Capital / Lindorff) (
  1
  ) | 1 |
| 2014/C 354/02 | Non-opposition to a notified concentration (Case M.7288 — Viacom/Channel 5 Broadcasting) (
  1
  ) | 1 |
| 2014/C 354/03 | Non-opposition to a notified concentration (Case M.7282 — Liberty Global/Discovery/All3Media) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 354/01

Non-opposition to a notified concentration (Case M.7371 — Nordic Capital / Lindorff) (
  1
  )

1

1

2014/C 354/02

Non-opposition to a notified concentration (Case M.7288 — Viacom/Channel 5 Broadcasting) (
  1
  )

1

1

2014/C 354/03

Non-opposition to a notified concentration (Case M.7282 — Liberty Global/Discovery/All3Media) (
  1
  )

1

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 354/04 | Euro exchange rates | 3 |
| 2014/C 354/05 | Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 17 January 2014 concerning a preliminary draft decision relating to Case COMP/C.39801 Polyurethane Foam — Rapporteur: Luxembourg | 4 |
| 2014/C 354/06 | Final Report of the Hearing Officer — Polyurethane Foam (AT.39801) | 5 |
| 2014/C 354/07 | Summary of Commission Decision of 29 January 2014 (Case AT.39801 — Polyurethane foam) (notified under document C(2014) 238 final) | 6 |
| | NOTICES FROM MEMBER STATES |
| 2014/C 354/08 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2014/C 354/09 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2014/C 354/10 | Information communicated by Member States regarding closure of fisheries | 11 |
| 2014/C 354/11 | Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 12 |
| 2014/C 354/12 | Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 13 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 354/04

Euro exchange rates

3

2014/C 354/05

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 17 January 2014 concerning a preliminary draft decision relating to Case COMP/C.39801 Polyurethane Foam — Rapporteur: Luxembourg

4

2014/C 354/06

Final Report of the Hearing Officer — Polyurethane Foam (AT.39801)

5

2014/C 354/07

Summary of Commission Decision of 29 January 2014 (Case AT.39801 — Polyurethane foam) (notified under document C(2014) 238 final)

(notified under document C(2014) 238 final)

6

NOTICES FROM MEMBER STATES

2014/C 354/08

Information communicated by Member States regarding closure of fisheries

10

2014/C 354/09

Information communicated by Member States regarding closure of fisheries

10

2014/C 354/10

Information communicated by Member States regarding closure of fisheries

11

2014/C 354/11

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

12

2014/C 354/12

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

13

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2014/C 354/13 | Notice of initiation of an anti-dumping proceeding concerning imports of certain aluminium foils originating in Russia | 14 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 354/14 | Prior notification of a concentration (Case M.7418 — Bosch/ZF Lenksysteme) — Candidate case for simplified procedure (
  1
  ) | 21 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2014/C 354/13

Notice of initiation of an anti-dumping proceeding concerning imports of certain aluminium foils originating in Russia

14

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 354/14

Prior notification of a concentration (Case M.7418 — Bosch/ZF Lenksysteme) — Candidate case for simplified procedure (
  1
  )

1

21

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.10.2014 | EN | Official Journal of the European Union | C 354/1 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/1

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Non-opposition to a notified concentration

(Case M.7371 — Nordic Capital / Lindorff)

(Text with EEA relevance)

(2014/C 354/01)

On 18 September 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No. 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7371. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7371. EUR-Lex is the online access to the European law.

---

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

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| 8.10.2014 | EN | Official Journal of the European Union | C 354/1 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/1

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Non-opposition to a notified concentration

(Case M.7288 — Viacom/Channel 5 Broadcasting)

(Text with EEA relevance)

(2014/C 354/02)

On 9 September 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No. 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7288. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7288. EUR-Lex is the online access to the European law.

---

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

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| 8.10.2014 | EN | Official Journal of the European Union | C 354/2 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/2

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Non-opposition to a notified concentration

(Case M.7282 — Liberty Global/Discovery/All3Media)

(Text with EEA relevance)

(2014/C 354/03)

On 16 September 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7282. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7282. EUR-Lex is the online access to the European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.10.2014 | EN | Official Journal of the European Union | C 354/3 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/3

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Euro exchange rates (1)

7 October 2014

(2014/C 354/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2607 |
| JPY | Japanese yen | 136,90 |
| DKK | Danish krone | 7,4440 |
| GBP | Pound sterling | 0,78400 |
| SEK | Swedish krona | 9,0668 |
| CHF | Swiss franc | 1,2115 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1650 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,470 |
| HUF | Hungarian forint | 307,92 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1840 |
| RON | Romanian leu | 4,4060 |
| TRY | Turkish lira | 2,8657 |
| AUD | Australian dollar | 1,4329 |
| CAD | Canadian dollar | 1,4054 |
| HKD | Hong Kong dollar | 9,7765 |
| NZD | New Zealand dollar | 1,6102 |
| SGD | Singapore dollar | 1,6103 |
| KRW | South Korean won | 1 348,06 |
| ZAR | South African rand | 14,1425 |
| CNY | Chinese yuan renminbi | 7,7406 |
| HRK | Croatian kuna | 7,6440 |
| IDR | Indonesian rupiah | 15 425,28 |
| MYR | Malaysian ringgit | 4,1158 |
| PHP | Philippine peso | 56,472 |
| RUB | Russian rouble | 50,3533 |
| THB | Thai baht | 41,129 |
| BRL | Brazilian real | 3,0562 |
| MXN | Mexican peso | 16,9022 |
| INR | Indian rupee | 77,4385 |

Currency

Exchange rate

USD

US dollar

1,2607

JPY

Japanese yen

136,90

DKK

Danish krone

7,4440

GBP

Pound sterling

0,78400

SEK

Swedish krona

9,0668

CHF

Swiss franc

1,2115

ISK

Iceland króna

NOK

Norwegian krone

8,1650

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,470

HUF

Hungarian forint

307,92

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1840

RON

Romanian leu

4,4060

TRY

Turkish lira

2,8657

AUD

Australian dollar

1,4329

CAD

Canadian dollar

1,4054

HKD

Hong Kong dollar

9,7765

NZD

New Zealand dollar

1,6102

SGD

Singapore dollar

1,6103

KRW

South Korean won

1 348,06

ZAR

South African rand

14,1425

CNY

Chinese yuan renminbi

7,7406

HRK

Croatian kuna

7,6440

IDR

Indonesian rupiah

15 425,28

MYR

Malaysian ringgit

4,1158

PHP

Philippine peso

56,472

RUB

Russian rouble

50,3533

THB

Thai baht

41,129

BRL

Brazilian real

3,0562

MXN

Mexican peso

16,9022

INR

Indian rupee

77,4385

---

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

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| 8.10.2014 | EN | Official Journal of the European Union | C 354/4 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/4

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 17 January 2014 concerning a preliminary draft decision relating to Case COMP/C.39801 Polyurethane Foam

Rapporteur: Luxembourg

(2014/C 354/05)

| 1. | The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU.

| 2. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

| 3. | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU.

| 5. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU.

| 6. | The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
| --- | --- |

6.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

| 7. | The Advisory Committee agrees with the Commission’s draft decision as regards the addressees. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees.

| 8. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

8.

The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

| 9. | The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

| 10. | The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
| --- | --- |

10.

The Advisory Committee agrees with the Commission on the basic amounts of the fines.

| 11. | The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines. |
| --- | --- |

11.

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines.

| 12. | The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case. |
| --- | --- |

12.

The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case.

| 13. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
| --- | --- |

13.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

| 14. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
| --- | --- |

14.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

| 15. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
| --- | --- |

15.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

| 16. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

16.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

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| 8.10.2014 | EN | Official Journal of the European Union | C 354/5 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/5

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Final Report of the Hearing Officer (1)

Polyurethane Foam

(AT.39801)

(2014/C 354/06)

On 15 November 2012, the European Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 (2) against Carpenter Co., Carpenter S.A.S., Carpenter GmbH, Carpenter Belgium NV and Carpenter Limited (‘Carpenter’), Vita Cayman Limited, Caligen Europe BV, Draka Interfoam B.V., ICOA France S.A.S., Koepp Schaum GmbH, Metzeler Schaum GmbH, Tramico S.A.S., UAB Vita Baltic International, Vita Polymers Poland Sp. z o.o., Veenendaal Schaumstoffwerk GmbH, Vita Cellular Foams (UK) Limited and Vita Industrial (UK) Limited (‘Vita’), Eurofoam GmbH, Eurofoam Deutschland GmbH Schaumstoffe, Eurofoam KFM GmbH, Eurofoam Hungary Kft, Eurofoam Polska Sp. z o.o. and S.C. Eurofoam S.r.l. (‘Eurofoam’), Recticel N.V./S.A., Recticel s.a.s., Recticel OÜ, Recticel Limited, Recticel Verwaltung GmbH & Co. KG and Recticel B.V. (‘Recticel’), and Greiner Holding AG (‘Greiner’), (together ‘the parties’).

Following settlement discussions and settlement submissions in accordance with Article 10a(2) of Regulation (EC) No 773/2004 (3), on 23 October 2013 the European Commission adopted a Statement of Objections (‘SO’) addressed to the parties, stating that they had participated in one single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union.

The infringement concerned a cartel in the sale of specific types of flexible polyurethane foam and covered ten Member States. It was aimed at passing on increases in raw material prices to end customers and avoiding aggressive price competition between the polyurethane foam producers with regard to customers. The cartel lasted from October 2005 until July 2010.

The parties' respective replies to the SO confirmed that the SO addressed to them reflected the contents of their settlement submissions.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views, and I have come to a positive conclusion.

In view of the above, and taking into account that the parties have not addressed any requests or complaints to me (4), I consider that the effective exercise of the procedural rights of all the parties in this case has been respected.

Brussels, 17 January 2014.

Wouter WILS

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

1

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

2

(3)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

3

(4)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C 167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

4

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| 8.10.2014 | EN | Official Journal of the European Union | C 354/6 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/6

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Summary of Commission Decision

of 29 January 2014

(Case AT.39801 — Polyurethane foam)

(notified under document C(2014) 238 final)

(Only the English text is authentic)

(2014/C 354/07)

On 29 January 2014, the Commission adopted a decision relating to a proceeding under Article 101 of the Treat on the Functioning of the European Union. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1)
  , the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decision relates to a single and continuous infringement of Article 101 of the Treaty in the sector of flexible polyurethane foam. Flexible polyurethane foam can be sub-divided according to two types of applications: comfort foam applications (foam used for example in upholstered furniture, beds, mattresses, pillows and mats) and technical foam applications (foam used for example in the automotive, aviation and medical product industries). The anticompetitive conduct identified in this case covers, on the one hand, polyurethane comfort foam and, on the other hand, basic polyurethane technical foam supplied in the form of rolls and blocks. The Decision is addressed to thirty entities of the four undertakings: (i) Carpenter (2); (ii) Vita (3); (iii) Recticel (4) and (iv) Greiner (5) as well as (v) Eurofoam (6), a 50/50 joint venture of Recticel and Greiner. |
| --- | --- |

(1)

The Decision relates to a single and continuous infringement of Article 101 of the Treaty in the sector of flexible polyurethane foam. Flexible polyurethane foam can be sub-divided according to two types of applications: comfort foam applications (foam used for example in upholstered furniture, beds, mattresses, pillows and mats) and technical foam applications (foam used for example in the automotive, aviation and medical product industries). The anticompetitive conduct identified in this case covers, on the one hand, polyurethane comfort foam and, on the other hand, basic polyurethane technical foam supplied in the form of rolls and blocks. The Decision is addressed to thirty entities of the four undertakings: (i) Carpenter (2); (ii) Vita (3); (iii) Recticel (4) and (iv) Greiner (5) as well as (v) Eurofoam (6), a 50/50 joint venture of Recticel and Greiner.

2.   CASE DESCRIPTION

2.1.   Procedure

| (2) | The case was opened on the basis of an immunity application of Vita on 30 April 2010. |
| --- | --- |

(2)

The case was opened on the basis of an immunity application of Vita on 30 April 2010.

| (3) | Following the information provided, between 27 and 31 July 2010, the Commission carried out unannounced inspections at the premises of Eurofoam, Recticel, Carpenter and another undertaking. A further unannounced inspection was carried out in April 2011. |
| --- | --- |

(3)

Following the information provided, between 27 and 31 July 2010, the Commission carried out unannounced inspections at the premises of Eurofoam, Recticel, Carpenter and another undertaking. A further unannounced inspection was carried out in April 2011.

| (4) | On 1 August 2010, following the inspections, the Commission received a joint leniency application from Recticel, Greiner and Eurofoam. |
| --- | --- |

(4)

On 1 August 2010, following the inspections, the Commission received a joint leniency application from Recticel, Greiner and Eurofoam.

| (5) | During the investigation, the Commission also sent several requests for information under Article 18 of Regulation (EC) No 1/2003. |
| --- | --- |

(5)

During the investigation, the Commission also sent several requests for information under Article 18 of Regulation (EC) No 1/2003.

| (6) | On 15 November 2012, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the addressees of the Decision with a view to engage in settlement discussions with them. Settlement meetings took place between [...] and [...]. Between [...] and [...], the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (7).
  On 23 October 2013 the Commission adopted a Statement of Objections and all the parties confirmed that it reflected the contents of their submissions and that they therefore remained committed to following the settlement procedure. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 17 January 2014 and the Commission adopted the Decision on 29 January 2014. |
| --- | --- |

(6)

On 15 November 2012, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the addressees of the Decision with a view to engage in settlement discussions with them. Settlement meetings took place between [...] and [...]. Between [...] and [...], the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (7).

On 23 October 2013 the Commission adopted a Statement of Objections and all the parties confirmed that it reflected the contents of their submissions and that they therefore remained committed to following the settlement procedure. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 17 January 2014 and the Commission adopted the Decision on 29 January 2014.

2.2.   Addressees and duration

| (7) | Twenty-eight of the addressees of the Decision have participated in a cartel, infringing therefore Article 101 of the Treaty, during the periods indicated below:






  Entity | Duration |
| --- | --- | --- |
| Carpenter S.A.S.
  Carpenter GmbH
  Carpenter Limited
  Carpenter Belgium NV | 26 October 2005-27 July 2010 |
| Vita Cayman Limited
  Caligen Europe BV
  Draka Interfoam B.V.
  ICOA France S.A.S.
  Koepp Schaum GmbH
  Metzeler Schaum GmbH
  Tramico S.A.S.
  Vita Polymers Poland Sp. z o.o.
  Veenendaal Schaumstoffwerk GmbH
  Vita Cellular Foams (UK) Limited
  Vita Industrial (UK) Limited | 26 October 2005-30 April 2010
  (with the exception of sales from these entities to Romania, for which the duration is 1 January 2007-30 April 2010) |
| Vita Baltic International | 9 July 2007-30 April 2010 |
| Eurofoam GmbH
  Eurofoam Deutschland GmbH Schaumstoffe
  Eurofoam KFM GmbH
  Eurofoam Hungary Kft
  Eurofoam Polska Sp. z o.o.
  S.C. Eurofoam S.r.l. | 26 October 2005-27 July 2010
  (with the exception of sales from these entities to Romania, for which the duration is 1 January 2007-27 July 2010) |
| Recticel N.V./S.A.
  Recticel s.a.s.
  Recticel Limited
  Recticel Verwaltung GmbH & Co. KG
  Recticel B.V. | 26 October 2005-27 July 2010 |
| Recticel OÜ | 9 July 2007-27 July 2010 |

(7)

Twenty-eight of the addressees of the Decision have participated in a cartel, infringing therefore Article 101 of the Treaty, during the periods indicated below:

Entity

Duration

Carpenter S.A.S.

Carpenter GmbH

Carpenter Limited

Carpenter Belgium NV

26 October 2005-27 July 2010

Vita Cayman Limited

Caligen Europe BV

Draka Interfoam B.V.

ICOA France S.A.S.

Koepp Schaum GmbH

Metzeler Schaum GmbH

Tramico S.A.S.

Vita Polymers Poland Sp. z o.o.

Veenendaal Schaumstoffwerk GmbH

Vita Cellular Foams (UK) Limited

Vita Industrial (UK) Limited

26 October 2005-30 April 2010

(with the exception of sales from these entities to Romania, for which the duration is 1 January 2007-30 April 2010)

Vita Baltic International

9 July 2007-30 April 2010

Eurofoam GmbH

Eurofoam Deutschland GmbH Schaumstoffe

Eurofoam KFM GmbH

Eurofoam Hungary Kft

Eurofoam Polska Sp. z o.o.

S.C. Eurofoam S.r.l.

26 October 2005-27 July 2010

(with the exception of sales from these entities to Romania, for which the duration is 1 January 2007-27 July 2010)

Recticel N.V./S.A.

Recticel s.a.s.

Recticel Limited

Recticel Verwaltung GmbH & Co. KG

Recticel B.V.

26 October 2005-27 July 2010

Recticel OÜ

9 July 2007-27 July 2010

| (8) | In addition, Carpenter Co. is jointly and severally liable as parent company for the participation of its subsidiary entities from 26 October 2005 to 27 July 2010, with the exception of Carpenter Belgium NV, for which Carpenter Co. is jointly and severally liable from 9 July 2007 to 27 July 2010. |
| --- | --- |

(8)

In addition, Carpenter Co. is jointly and severally liable as parent company for the participation of its subsidiary entities from 26 October 2005 to 27 July 2010, with the exception of Carpenter Belgium NV, for which Carpenter Co. is jointly and severally liable from 9 July 2007 to 27 July 2010.

| (9) | Furthermore, Greiner Holding AG is jointly and severally liable as joint parent for the participation of the Eurofoam entities from 26 October 2005 to 27 July 2010. |
| --- | --- |

(9)

Furthermore, Greiner Holding AG is jointly and severally liable as joint parent for the participation of the Eurofoam entities from 26 October 2005 to 27 July 2010.

2.3.   Summary of the infringement

| (10) | The Decision concerns a cartel, the ultimate aim of which was to pass on raw material price increases to their customers and to avoid aggressive price competition between them with regard to customers. In order to achieve this aim, an overall European-wide understanding was in place between the cartel participants. In the framework of this overall understanding, the cartel participants engaged in anticompetitive behaviour at various management levels leading to price coordination in a total of 10 Member States. |
| --- | --- |

(10)

The Decision concerns a cartel, the ultimate aim of which was to pass on raw material price increases to their customers and to avoid aggressive price competition between them with regard to customers. In order to achieve this aim, an overall European-wide understanding was in place between the cartel participants. In the framework of this overall understanding, the cartel participants engaged in anticompetitive behaviour at various management levels leading to price coordination in a total of 10 Member States.

| (11) | In order to achieve the overall aim of passing on raw material price increases to customers and avoiding aggressive price competition, the cartel participants engaged in anticompetitive practices in direct and indirect price coordination. These covered in particular:






  (a) | the coordination of:






  — | the timing and the magnitude of target price increases, and |
| --- | --- | --- | --- |

(11)

In order to achieve the overall aim of passing on raw material price increases to customers and avoiding aggressive price competition, the cartel participants engaged in anticompetitive practices in direct and indirect price coordination. These covered in particular:

(a)

the coordination of:

—

the timing and the magnitude of target price increases, and

| — | the prices to be charged to certain specific customers; and |
| --- | --- |

—

the prices to be charged to certain specific customers; and

| (b) | at times refraining from poaching each other’s customers during periods of price increases. |
| --- | --- |

(b)

at times refraining from poaching each other’s customers during periods of price increases.

| (12) | Within this overall European framework, price increases were discussed mainly in the margins of the meetings of their European Trade Association both between senior European managers as well as between regional and national managers.
  The overall geographic scope of the infringement concerned 10 EU Member States, which are France, Belgium, the Netherlands, the UK, Germany, Austria, Hungary, Romania, Poland and Estonia. While each of the undertakings was involved in the cartel contacts at European level, they did not all have an individual presence in all 10 affected Member States. |
| --- | --- |

(12)

Within this overall European framework, price increases were discussed mainly in the margins of the meetings of their European Trade Association both between senior European managers as well as between regional and national managers.

The overall geographic scope of the infringement concerned 10 EU Member States, which are France, Belgium, the Netherlands, the UK, Germany, Austria, Hungary, Romania, Poland and Estonia. While each of the undertakings was involved in the cartel contacts at European level, they did not all have an individual presence in all 10 affected Member States.

2.4.   Remedies

| (13) | The Decision applies the 2006 Guidelines on Fines (8). With the exception of Vita, the Decision imposes fines on all the entities of the companies listed under points (8) to (10) above. |
| --- | --- |

(13)

The Decision applies the 2006 Guidelines on Fines (8). With the exception of Vita, the Decision imposes fines on all the entities of the companies listed under points (8) to (10) above.

2.4.1.   Basic amount of the fine

| (14) | In setting the fines, the Commission took into account the sales of the participating entities in the markets concerned in the last year prior to the end of the cartel, the fact that price coordination arrangements are amongst the most harmful restrictions of competition, the duration of the cartel and an additional amount to deter undertakings from entering into price coordination practices. |
| --- | --- |

(14)

In setting the fines, the Commission took into account the sales of the participating entities in the markets concerned in the last year prior to the end of the cartel, the fact that price coordination arrangements are amongst the most harmful restrictions of competition, the duration of the cartel and an additional amount to deter undertakings from entering into price coordination practices.

2.4.2.   Adjustments to the basic amount

| (15) | The Commission did not apply any aggravating or mitigating circumstances in this case. |
| --- | --- |

(15)

The Commission did not apply any aggravating or mitigating circumstances in this case.

2.4.3.   Application of the 10 % turnover limit

| (16) | Where the fine would have exceeded the legal maximum of 10 % the total turnover of the undertaking in the latest year for which figures were available, it was reduced to this level. |
| --- | --- |

(16)

Where the fine would have exceeded the legal maximum of 10 % the total turnover of the undertaking in the latest year for which figures were available, it was reduced to this level.

| (17) | Furthermore, the Commission exercise its margin of appreciation, as reflected in point 37 of the Guidelines on fines, to reduce the level of that part of the fine for which one of the Carpenter entities was solely liable to 10 % of its own turnover. |
| --- | --- |

(17)

Furthermore, the Commission exercise its margin of appreciation, as reflected in point 37 of the Guidelines on fines, to reduce the level of that part of the fine for which one of the Carpenter entities was solely liable to 10 % of its own turnover.

| (18) | As regards the impact of the 10 % turnover limit on Eurofoam and its joint parents Greiner and Recticel, as well as the separate fine for the participation of Recticel, the Commission used its discretion to limit their maximum fines to the level of 10 % of their respective total turnovers in the latest year for which figures were available. |
| --- | --- |

(18)

As regards the impact of the 10 % turnover limit on Eurofoam and its joint parents Greiner and Recticel, as well as the separate fine for the participation of Recticel, the Commission used its discretion to limit their maximum fines to the level of 10 % of their respective total turnovers in the latest year for which figures were available.

2.4.4.   Application of the 2006 Leniency Notice: reduction of fines

| (19) | The Commission granted full immunity from the fine to Vita and a 50 % reduction of the fine for cooperation to Recticel, Greiner and Eurofoam. |
| --- | --- |

(19)

The Commission granted full immunity from the fine to Vita and a 50 % reduction of the fine for cooperation to Recticel, Greiner and Eurofoam.

2.4.5.   Application of the Settlement Notice

| (20) | As a result of the application of the Settlement Notice, the amount of the fine to be imposed on Carpenter, Recticel, Greiner and Eurofoam was reduced by 10 %. This reduction was in addition to the leniency reduction granted to Recticel, Greiner and Eurofoam. |
| --- | --- |

(20)

As a result of the application of the Settlement Notice, the amount of the fine to be imposed on Carpenter, Recticel, Greiner and Eurofoam was reduced by 10 %. This reduction was in addition to the leniency reduction granted to Recticel, Greiner and Eurofoam.

3.   CONCLUSION

| (21) | The following fines were imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:






  (a) | Vita Cayman Limited, Caligen Europe BV, Draka Interfoam B.V., ICOA France S.A.S., Koepp Schaum GmbH, Metzeler Schaum GmbH, Tramico S.A.S., Vita Polymers Poland Sp. z o.o., Veenendaal Schaumstoffwerk GmbH, Vita Cellular Foams (UK) Limited, Vita Industrial (UK) Limited and UAB Vita Baltic International jointly and severally liable for EUR 0; |
| --- | --- | --- |

(21)

The following fines were imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:

(a)

Vita Cayman Limited, Caligen Europe BV, Draka Interfoam B.V., ICOA France S.A.S., Koepp Schaum GmbH, Metzeler Schaum GmbH, Tramico S.A.S., Vita Polymers Poland Sp. z o.o., Veenendaal Schaumstoffwerk GmbH, Vita Cellular Foams (UK) Limited, Vita Industrial (UK) Limited and UAB Vita Baltic International jointly and severally liable for EUR 0;

| (b) | Carpenter Co., Carpenter S.A.S., Carpenter GmbH, Carpenter Belgium NV and Carpenter Limited jointly and severally liable for EUR 71 800 000; |
| --- | --- |

(b)

Carpenter Co., Carpenter S.A.S., Carpenter GmbH, Carpenter Belgium NV and Carpenter Limited jointly and severally liable for EUR 71 800 000;

| (c) | Carpenter Belgium NV liable for EUR 3 209 000; |
| --- | --- |

(c)

Carpenter Belgium NV liable for EUR 3 209 000;

| (d) | Eurofoam GmbH, Eurofoam Deutschland GmbH Schaumstoffe, Eurofoam KFM GmbH, Eurofoam Hungary Kft, Eurofoam Polska Sp. z o.o. and S.C. Eurofoam S.r.l. jointly and severally liable with Recticel N.V./S.A., Recticel Verwaltung GmbH & Co. KG and Greiner Holding AG for EUR 14 819 000; |
| --- | --- |

(d)

Eurofoam GmbH, Eurofoam Deutschland GmbH Schaumstoffe, Eurofoam KFM GmbH, Eurofoam Hungary Kft, Eurofoam Polska Sp. z o.o. and S.C. Eurofoam S.r.l. jointly and severally liable with Recticel N.V./S.A., Recticel Verwaltung GmbH & Co. KG and Greiner Holding AG for EUR 14 819 000;

| (e) | Recticel N.V./S.A., Recticel Verwaltung GmbH & Co. KG and Greiner Holding AG jointly and severally liable for EUR 9 364 000; |
| --- | --- |

(e)

Recticel N.V./S.A., Recticel Verwaltung GmbH & Co. KG and Greiner Holding AG jointly and severally liable for EUR 9 364 000;

| (f) | Recticel N.V./S.A. and Recticel Verwaltung GmbH & Co. KG jointly and severally liable for EUR 7 443 000; |
| --- | --- |

(f)

Recticel N.V./S.A. and Recticel Verwaltung GmbH & Co. KG jointly and severally liable for EUR 7 443 000;

| (g) | Recticel N.V./S.A., Recticel s.a.s., Recticel Limited and Recticel B.V. jointly and severally liable for EUR 7 116 000; |
| --- | --- |

(g)

Recticel N.V./S.A., Recticel s.a.s., Recticel Limited and Recticel B.V. jointly and severally liable for EUR 7 116 000;

| (h) | Recticel N.V./S.A. and Recticel OÜ jointly and severally liable for EUR 326 000. |
| --- | --- |

(h)

Recticel N.V./S.A. and Recticel OÜ jointly and severally liable for EUR 326 000.

---

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  Carpenter Co. and relevant subsidiaries.

(3)  Vita Cayman Limited and relevant subsidiaries.

(4)  Recticel N.V./S.A. and relevant subsidiaries.

(5)  Greiner Holding AG.

(6)  Eurofoam GmbH and associated Eurofoam entities.

(7)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

(8)  OJ C 210, 1.9.2006, p. 2.

---

NOTICES FROM MEMBER STATES

| 8.10.2014 | EN | Official Journal of the European Union | C 354/10 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/10

---

Information communicated by Member States regarding closure of fisheries

(2014/C 354/08)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 10.9.2014 |
| --- | --- |
| Duration | 10.9.2014-31.12.2014 |
| Member State | Belgium |
| Stock or group of stocks | PLE/7HJK. |
| Species | Plaice (Pleuronectes platessa) |
| Zone | VIIh, VIIj and VIIk |
| Type(s) of fishing vessels | — |
| Reference number | 38/TQ43 |

Date and time of closure

10.9.2014

Duration

10.9.2014-31.12.2014

Member State

Belgium

Stock or group of stocks

PLE/7HJK.

Species

Plaice (Pleuronectes platessa)

Zone

VIIh, VIIj and VIIk

Type(s) of fishing vessels

—

Reference number

38/TQ43

---

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

---

| 8.10.2014 | EN | Official Journal of the European Union | C 354/10 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/10

---

Information communicated by Member States regarding closure of fisheries

(2014/C 354/09)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 10.9.2014 |
| --- | --- |
| Duration | 10.9.2014-31.12.2014 |
| Member State | Belgium |
| Stock or group of stocks | LEZ/2AC4-C |
| Species | Megrims (Lepidorhombus spp.) |
| Zone | Union waters of IIa and IV |
| Type(s) of fishing vessels | — |
| Reference number | 39/TQ43 |

Date and time of closure

10.9.2014

Duration

10.9.2014-31.12.2014

Member State

Belgium

Stock or group of stocks

LEZ/2AC4-C

Species

Megrims (Lepidorhombus spp.)

Zone

Union waters of IIa and IV

Type(s) of fishing vessels

—

Reference number

39/TQ43

---

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

---

| 8.10.2014 | EN | Official Journal of the European Union | C 354/11 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/11

---

Information communicated by Member States regarding closure of fisheries

(2014/C 354/10)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 10.9.2014 |
| --- | --- |
| Duration | 10.9.2014-31.12.2014 |
| Member State | Belgium |
| Stock or group of stocks | MAC/2A34. |
| Species | Mackerel (Scomber scombrus) |
| Zone | IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32 |
| Type(s) of fishing vessels | — |
| Reference number | 40/TQ43 |

Date and time of closure

10.9.2014

Duration

10.9.2014-31.12.2014

Member State

Belgium

Stock or group of stocks

MAC/2A34.

Species

Mackerel (Scomber scombrus)

Zone

IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32

Type(s) of fishing vessels

—

Reference number

40/TQ43

---

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

---

| 8.10.2014 | EN | Official Journal of the European Union | C 354/12 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/12

---

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2014/C 354/11)

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block E7 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block E7 of the Dutch continental shelf.

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:

| The Minister for Economic Affairs |
| --- |
| attn.: Mr P. Jongerius, Energy Market Directorate |
| Bezuidenhoutseweg 73 |
| Postbus 20401 |
| 2500 EK Den Haag |
| NEDERLAND |

The Minister for Economic Affairs

attn.: Mr P. Jongerius, Energy Market Directorate

Bezuidenhoutseweg 73

Postbus 20401

2500 EK Den Haag

NEDERLAND

Applications received after the expiry of this period will not be considered.

A decision on the applications will be taken not later than 12 months after this period has expired.

Further information can be obtained by calling Mr E. J. Hoppel on the following telephone number: +31 703797762.

---

| 8.10.2014 | EN | Official Journal of the European Union | C 354/13 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/13

---

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2014/C 354/12)

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block D9 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block D9 of the Dutch continental shelf.

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:

| The Minister for Economic Affairs |
| --- |
| attn.: Mr P. Jongerius, Energy Market Directorate |
| Bezuidenhoutseweg 73 |
| Postbus 20401 |
| 2500 EK Den Haag |
| NEDERLAND |

The Minister for Economic Affairs

attn.: Mr P. Jongerius, Energy Market Directorate

Bezuidenhoutseweg 73

Postbus 20401

2500 EK Den Haag

NEDERLAND

Applications received after the expiry of this period will not be considered.

A decision on the applications will be taken not later than 12 months after this period has expired.

Further information can be obtained by calling Mr E. J. Hoppel on the following telephone number: +31 703797762.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 8.10.2014 | EN | Official Journal of the European Union | C 354/14 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/14

---

Notice of initiation of an anti-dumping proceeding concerning imports of certain aluminium foils originating in Russia

(2014/C 354/13)

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 certain aluminium foils, originating in Russia, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 25 August 2014 by AFM Aluminiumfolie Merseburg GmbH, Alcomet AD, Eurofoil Luxembourg SA, Hydro Aluminium Rolled Products GmbH and Impold.o.o. (‘the complainants’) on behalf of producers representing more than 25 % of the total Union production of aluminium foils which are subject to this investigation.

2.   Product under investigation

The product subject to this investigation is aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg (‘the product under investigation’).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in Russia (‘the country concerned’), currently falling within CN code ex 7607 11 19. This CN code is given for information only.

The allegation of dumping from Russia is based on a comparison of the domestic price with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

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

On these bases the dumping margins calculated are significant for the country concerned.

4.   Allegation of injury and causation

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

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

5.   Procedure

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

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

5.1.   
  Procedure for the determination of dumping

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

5.1.1.   Investigating exporting producers in the country concerned

All exporting producers and associations of exporting producers in the country concerned are invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make themselves known and request a questionnaire. In order to obtain information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to known exporting producers in the country concerned, to any known association of exporting producers, and to the authorities of that country.

The exporting producers and, where applicable, the associations of exporting 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.

5.1.2.   Investigating unrelated importers
   (3)
   (4)

Unrelated importers of the product under investigation from the country concerned to the Union are invited to participate in this investigation.

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

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

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

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

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

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

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

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

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.6 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

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

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

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

5.3.   
  Procedure for the assessment of Union interest

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

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

5.4.   
  Other written submissions

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

5.5.   
  Possibility to be heard by the Commission investigation services

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

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

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (5).

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

Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail for dumping: TRADE-ALUFOIL-AD610-DUMPING@ec.europa.eu |
| E-mail for injury: TRADE-ALUFOIL-AD610-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail for dumping: TRADE-ALUFOIL-AD610-DUMPING@ec.europa.eu

E-mail for injury: TRADE-ALUFOIL-AD610-INJURY@ec.europa.eu

6.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/

8.   Schedule of the investigation

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

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

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

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

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

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

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

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ANNEX

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 8.10.2014 | EN | Official Journal of the European Union | C 354/21 |
| --- | --- | --- | --- |

8.10.2014

EN

Official Journal of the European Union

C 354/21

---

Prior notification of a concentration

(Case M.7418 — Bosch/ZF Lenksysteme)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 354/14)

| 1. | On 1 October 2014, 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 Robert Bosch GmbH (of Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking ZF Lenksysteme GmbH (of Germany) by way of purchase of shares. |
| --- | --- |

1.

On 1 October 2014, 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 Robert Bosch GmbH (of Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking ZF Lenksysteme GmbH (of Germany) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Robert Bosch GmbH: globally active supplier for the automotive industry, supplier of consumer goods (electric tools) and active in the areas of energy, building, thermo, safety, industry, steering and packaging technology,
  —   for ZF Lenksysteme GmbH: joint venture founded in 1999 between Robert Bosch GmbH and ZF Friedrichshafen AG, which is active mainly in the production and sale of steering systems, columns and pumps for passenger and commercial vehicles on a global scale. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Robert Bosch GmbH: globally active supplier for the automotive industry, supplier of consumer goods (electric tools) and active in the areas of energy, building, thermo, safety, industry, steering and packaging technology,

—   for ZF Lenksysteme GmbH: joint venture founded in 1999 between Robert Bosch GmbH and ZF Friedrichshafen AG, which is active mainly in the production and sale of steering systems, columns and pumps for passenger and commercial vehicles on a global scale.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7418 — Bosch/ZF Lenksysteme, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7418 — Bosch/ZF Lenksysteme, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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