# Official Journal C 251/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 251 |
| | |
| English edition | Information and Notices | Volume 513 October 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 251

English edition

Information and Notices

Volume 513 October 2008

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RECOMMENDATIONS |
| | European Central Bank |
| 2008/C 251/01 | Recommendation for a Council Regulation amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank (ECB/2008/9) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RECOMMENDATIONS

European Central Bank

2008/C 251/01

Recommendation for a Council Regulation amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank (ECB/2008/9)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 251/02 | Non-opposition to a notified concentration (Case COMP/M.5284 — Klépierre/ABP/Steen & Strøm) (
  1
  ) | 6 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 251/02

Non-opposition to a notified concentration (Case COMP/M.5284 — Klépierre/ABP/Steen & Strøm) (
  1
  )

1

6

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 251/03 | Euro exchange rates | 7 |
| 2008/C 251/04 | Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 23 November 2007 regarding a draft decision relating to Case COMP/38.629 — Chloroprene Rubber (1) — Rapporteur: France | 8 |
| 2008/C 251/05 | Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 30 November 2007 regarding a draft decision relating to Case COMP/38.629 — Chloroprene Rubber (2) — Rapporteur: France | 9 |
| 2008/C 251/06 | Final report of the Hearing Officer in Case COMP/38.629 — Chloroprene Rubber (Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21) | 10 |
| 2008/C 251/07 | Summary of Commission Decision of 5 December 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber) (
  1
  ) | 11 |
| | NOTICES FROM MEMBER STATES |
| 2008/C 251/08 | Contact details for submitting applications for action by the customs authorities against goods suspected of infringing certain intellectual property rights | 14 |
| 2008/C 251/09 | Winding-up proceedings — Decision to open winding-up proceedings in respect of Black Sea and Baltic General Insurance Company Limited (Publication made in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings) | 18 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 251/03

Euro exchange rates

7

2008/C 251/04

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 23 November 2007 regarding a draft decision relating to Case COMP/38.629 — Chloroprene Rubber (1) — Rapporteur: France

8

2008/C 251/05

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 30 November 2007 regarding a draft decision relating to Case COMP/38.629 — Chloroprene Rubber (2) — Rapporteur: France

9

2008/C 251/06

Final report of the Hearing Officer in Case COMP/38.629 — Chloroprene Rubber (Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

10

2008/C 251/07

Summary of Commission Decision of 5 December 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber) (
  1
  )

1

11

NOTICES FROM MEMBER STATES

2008/C 251/08

Contact details for submitting applications for action by the customs authorities against goods suspected of infringing certain intellectual property rights

14

2008/C 251/09

Winding-up proceedings — Decision to open winding-up proceedings in respect of Black Sea and Baltic General Insurance Company Limited (Publication made in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)

(Publication made in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)

18

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2008/C 251/10 | Call for proposals — Pilot project to step up cooperation between Member States on combating forest fires | 19 |
| 2008/C 251/11 | Training of national judges in EC competition law and judicial cooperation between national judges | 20 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2008/C 251/12 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam | 21 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2008/C 251/10

Call for proposals — Pilot project to step up cooperation between Member States on combating forest fires

19

2008/C 251/11

Training of national judges in EC competition law and judicial cooperation between national judges

20

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2008/C 251/12

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam

21

| | |
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| 2008/C 251/13 | Note to the reader(see page 3 of the cover) | s3 |

2008/C 251/13

Note to the reader(see page 3 of the cover)

Note to the reader

s3

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

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(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

RECOMMENDATIONS

European Central Bank

| 3.10.2008 | EN | Official Journal of the European Union | C 251/1 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/1

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Recommendation for a Council Regulation amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank

(ECB/2008/9)

(2008/C 251/01)

EXPLANATORY MEMORANDUM

1.   INTRODUCTION

On 23 November 1998, the Council of the European Union adopted Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank (ECB) (1). A number of amendments should now be considered to maintain Regulation (EC) No 2533/98 as an effective instrument to carry out the statistical information collection tasks of the European System of Central Banks (ESCB).

In line with Article 107(6) of the Treaty establishing the European Community, the ECB previously submitted to the Council its Recommendation ECB/1998/10 for a Council Regulation (EC) concerning the collection of statistical information by the European Central Bank (2). It is therefore appropriate to follow the same procedure to introduce the proposed amendments to Regulation (EC) No 2533/98.

2.   COMMENTS ON THE ARTICLES

Article 1

General reference to the ESCB tasks

Article 5.4 of the Statute of the European System of Central Banks and the European Central Bank (hereinafter the ‘ESCB Statute’) provides that the Council defines the natural and legal persons subject to reporting requirements. Article 5.1 of the ESCB Statute and Article 2(1) of Regulation (EC) No 2533/98 provide that the ECB may collect the statistical information necessary to carry out the tasks of the ESCB. Article 2(2) of Regulation (EC) No 2533/98 identifies the reference reporting population from which the ECB collects that statistical information and lists specific statistical purposes for which the information may be collected. However, data are increasingly collected only once and serve multiple statistical purposes, in order to minimise the reporting burden. As a consequence, a one-to-one link between the reference reporting population and specific types of statistics has become ineffective and these provisions need to be amended.

Notwithstanding this general reference to the ESCB tasks, the ECB recommends providing an indicative list of the statistical purposes for which statistics may be collected from the reference reporting population. These would include the following:

| — | ‘monetary and financial statistics’: this term is more appropriate than the currently used ‘money and banking statistics’, in view of the integration of financial markets and the increasing complexity of financial instruments, |
| --- | --- |

—

‘monetary and financial statistics’: this term is more appropriate than the currently used ‘money and banking statistics’, in view of the integration of financial markets and the increasing complexity of financial instruments,

| — | ‘payment and payment systems statistics’: replacing ‘payment systems statistics’ in order to clarify that the purposes for which statistics may be collected cover payment data as part of payment systems statistics. Article 105(2) of the Treaty gives the ESCB a mandate to promote the smooth operation of payment systems. In this context, comprehensive information on both the payments infrastructures and the payments carried out via these infrastructures are necessary for ECB policy-making, including the oversight of these market infrastructures, |
| --- | --- |

—

‘payment and payment systems statistics’: replacing ‘payment systems statistics’ in order to clarify that the purposes for which statistics may be collected cover payment data as part of payment systems statistics. Article 105(2) of the Treaty gives the ESCB a mandate to promote the smooth operation of payment systems. In this context, comprehensive information on both the payments infrastructures and the payments carried out via these infrastructures are necessary for ECB policy-making, including the oversight of these market infrastructures,

| — | ‘balance of payments and international investment position statistics’, |
| --- | --- |

—

‘balance of payments and international investment position statistics’,

| — | ‘financial stability statistics’: as Article 105(5) of the Treaty provides that the ESCB contributes to the smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system, this may require the collection of macro-prudential statistical data. |
| --- | --- |

—

‘financial stability statistics’: as Article 105(5) of the Treaty provides that the ESCB contributes to the smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system, this may require the collection of macro-prudential statistical data.

Adjustment of the reference reporting population

The financial markets are becoming increasingly complex, with steadily growing interlinkages between the financial transactions and balance sheet positions of different types of financial intermediaries, such as monetary financial institutions, insurance corporations and financial vehicle corporations. In turn, this may imply that the ECB requires comparable, frequent and timely statistics for these subsectors, so that it can continue to carry out its tasks. Therefore, the ECB should be able to collect the necessary statistical information if the merits of doing so outweigh the costs and if this information is not already collected by other bodies. As a consequence, the reference reporting population must now comprise the financial corporations sector as a whole. In particular, this must include insurance corporations and pension funds (ICPF), which represent the second largest financial corporations' sub-sector in the euro area in terms of financial assets. In addition, the growing awareness of the financial implications of longevity as well as the general move towards funded pension schemes are likely to substantially increase the importance of the ICPF sub-sector for ECB policy-making. Related to this, these institutions are managing their portfolios much more actively than in the past, which further increases their relevance for monetary policy.

In addition, financial auxiliaries play an important role in the financial markets and in their interactions with other financial sub-sectors. Therefore, it is important to be able to also collect statistics from these institutions if deemed necessary.

Finally, in view of the forthcoming amendment to Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (3), this Regulation could make a dynamic reference to it.

Transitional arrangements to become permanent

The reporting of positions across euro area countries and of the related transactions should be allowed on a permanent basis. This is necessary for the compilation of high-quality balance of payments and financial accounts for the euro area. The current legal framework set up this reporting for a transitory period during the early years of the single currency. However, experience shows that such a reporting remains indispensable to overcome constraints in the data collection systems and to minimise the reporting burden.

Statistical principles

Regulation (EC) No 2533/98 should refer to the statistical principles that govern the development, production and dissemination of statistics to carry out the ESCB tasks. Both Article 5 of the ESCB Statute and Regulation (EC) No 2533/98 are currently silent on statistical principles, while Article 285(2) of the Treaty, which governs the statistics of the European Statistical System (ESS), explicitly sets out the principles that govern the production of Community statistics (4). Including the ESCB's statistical principles in Regulation (EC) No 2533/98 would clarify that the ESCB's statistical activities are governed by these principles. It would also underline that the European statistical community shares the same fundamental convictions, although it is organised on the basis of two parallel systems and governance structures.

Confidentiality regime

Exchange of confidential information within the ESCB

In order to minimise the reporting burden and to collect data only once, as well as to ensure the high quality of the statistics produced and the proper performance of the ESCB tasks, there is a need to extend the exchange of confidential statistical information within the ESCB. Furthermore, legal clarity is required for the transmission of confidential information between the ECB and the national central banks (NCBs) and between NCBs. To this end, such a transmission of confidential statistical information collected pursuant to Article 5 of the ESCB Statute should be made possible, provided that it is necessary to carry out the ESCB tasks or for the efficient development, production or dissemination of statistics, or for increasing their quality. For the same reason, already available information should be used to the maximum extent, regardless of the purpose for which it was originally collected, while safeguarding its confidentiality if so required. In fact, information becomes statistical information if it is used for the compilation of statistics, irrespective of the purpose for which it was originally collected.

Exchange of confidential information between the ESCB and the ESS

An extended exchange of confidential information between the ESCB and the ESS is necessary to minimise the reporting burden or for the efficient development, production or dissemination of European statistics, or for increasing their quality. Such exchange must be organised so as to maintain reporting agents' confidence in the protection of confidential information. Mirroring provisions enabling such exchange of confidential information between the ESS and the ESCB should be embedded in both Regulation (EC) No 2533/98 and the proposed Regulation on European Statistics. The following guiding principles should apply:

| 1. | the exchange of confidential data between the ESCB and the ESS may take place if necessary to minimise the reporting burden or for the efficient development, production or dissemination of European statistics or for increasing their quality; |
| --- | --- |

1.

the exchange of confidential data between the ESCB and the ESS may take place if necessary to minimise the reporting burden or for the efficient development, production or dissemination of European statistics or for increasing their quality;

| 2. | the exchange of confidential data between the ESCB and the ESS should take place for statistical purposes only: that is, exclusively for the compilation of statistics in their respective spheres of competence; |
| --- | --- |

2.

the exchange of confidential data between the ESCB and the ESS should take place for statistical purposes only: that is, exclusively for the compilation of statistics in their respective spheres of competence;

| 3. | confidential data exchanged need to be protected from unlawful disclosure; |
| --- | --- |

3.

confidential data exchanged need to be protected from unlawful disclosure;

| 4. | the ESCB and the ESS should inform reporting agents that they may exchange confidential data; |
| --- | --- |

4.

the ESCB and the ESS should inform reporting agents that they may exchange confidential data;

| 5. | for the sake of clarity, uniform confidentiality protection measures should be applied to the exchange of confidential data between the ESCB and the ESS. These protection measures are laid down in Article 19 of Regulation (EC) No [XX] on European Statistics. |
| --- | --- |

5.

for the sake of clarity, uniform confidentiality protection measures should be applied to the exchange of confidential data between the ESCB and the ESS. These protection measures are laid down in Article 19 of Regulation (EC) No [XX] on European Statistics.

The proposed legal framework does not affect any agreements at national level on the exchange of confidential statistical information other than information covered in this recommendation.

The new confidentiality regime aims to mirror the corresponding provisions put forward in ECB Opinion CON/2007/35 of 14 November 2007 at the request of the Council of the European Union on a proposal for a regulation of the European Parliament and of the Council on European Statistics (5), so that the same transmission mechanism is used for the transfer of data from the ESS to the ESCB and for the transfer of data from the ESCB to the ESS.

Access to non-directly identifiable confidential statistical information for research purposes

Access to confidential statistical information which does not allow direct identification is increasingly required for research purposes, for example to analyse and understand the developments within sectors and across countries. Currently, the legal framework provides for mainly decentralised access of scientific research bodies to such statistical information at the national level. Therefore, this must be supplemented by an appropriate legal framework at the ESCB level, which allows scientific research bodies to be granted access to such information, while maintaining strict confidentiality safeguards.

Recommendation for a:

‘COUNCIL REGULATION

amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the “Statute”), and in particular to Article 5.4 thereof,

Having regard to the recommendation of the European Central Bank (ECB),

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Commission,

Having regard to Regulation (EC) No [XX] of the European Parliament and of the Council on European Statistics,

Acting in accordance with the procedure laid down in Article 107(6) of the Treaty establishing the European Community and in Article 42 of the Statute,

Whereas:

| (1) | Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (6) is a key component in the legal framework supporting the statistical information collection tasks of the ECB assisted by the national central banks. The ECB has consistently relied on it to carry out and monitor the coordinated collection of statistical information necessary to undertake the tasks of the European System of Central Banks (ESCB). |
| --- | --- |

(1)

Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (6) is a key component in the legal framework supporting the statistical information collection tasks of the ECB assisted by the national central banks. The ECB has consistently relied on it to carry out and monitor the coordinated collection of statistical information necessary to undertake the tasks of the European System of Central Banks (ESCB).

| (2) | In order to maintain Regulation (EC) No 2533/98 as an effective instrument for the ECB to carry out the statistical information collection tasks of the ESCB and to guarantee the continued availability to the ECB of statistical information of the necessary quality and covering the entire range of tasks of the ESCB it is essential to review the scope of the reporting requirements that this Regulation imposes. In this context, attention needs to be paid not only to the performance of the tasks of the ESCB and to its independence, but also to the statistical principles provided in this Regulation. |
| --- | --- |

(2)

In order to maintain Regulation (EC) No 2533/98 as an effective instrument for the ECB to carry out the statistical information collection tasks of the ESCB and to guarantee the continued availability to the ECB of statistical information of the necessary quality and covering the entire range of tasks of the ESCB it is essential to review the scope of the reporting requirements that this Regulation imposes. In this context, attention needs to be paid not only to the performance of the tasks of the ESCB and to its independence, but also to the statistical principles provided in this Regulation.

| (3) | It is necessary to amend Regulation (EC) No 2533/98 to enable the ECB to collect the statistical information needed to undertake the ESCB's tasks conferred by the Statute. In line with this, the purposes for which statistical information may be collected need also to include the compilation of the macro-prudential statistics required for the performance of the ESCB's tasks under Article 105(5) of the Treaty. |
| --- | --- |

(3)

It is necessary to amend Regulation (EC) No 2533/98 to enable the ECB to collect the statistical information needed to undertake the ESCB's tasks conferred by the Statute. In line with this, the purposes for which statistical information may be collected need also to include the compilation of the macro-prudential statistics required for the performance of the ESCB's tasks under Article 105(5) of the Treaty.

| (4) | The scope of the reporting requirements necessary for the performance of the ESCB tasks should also take into account structural financial markets developments and address related statistical information requirements that were less apparent at the time Regulation (EC) No 2533/98 was adopted. For that reason, it is necessary to allow the collection of statistical information from the entire sector of financial corporations, and in particular from the insurance corporations and pension funds, which represent the second largest sub-sector of financial corporations in the euro area in terms of financial assets. |
| --- | --- |

(4)

The scope of the reporting requirements necessary for the performance of the ESCB tasks should also take into account structural financial markets developments and address related statistical information requirements that were less apparent at the time Regulation (EC) No 2533/98 was adopted. For that reason, it is necessary to allow the collection of statistical information from the entire sector of financial corporations, and in particular from the insurance corporations and pension funds, which represent the second largest sub-sector of financial corporations in the euro area in terms of financial assets.

| (5) | In order to allow for the continued compilation of balance of payments statistics of sufficient quality, it is necessary to clarify the reporting requirements imposed in connection with data on all positions and transactions between the residents of participating Member States. |
| --- | --- |

(5)

In order to allow for the continued compilation of balance of payments statistics of sufficient quality, it is necessary to clarify the reporting requirements imposed in connection with data on all positions and transactions between the residents of participating Member States.

| (6) | Researchers increasingly require access to confidential statistical information which does not allow direct identification to analyse and understand developments within sectors and across countries. Therefore, it is important to allow the ECB and the NCBs to grant to scientific research bodies access to such detailed statistical information at the ESCB level, while maintaining strict confidentiality safeguards. |
| --- | --- |

(6)

Researchers increasingly require access to confidential statistical information which does not allow direct identification to analyse and understand developments within sectors and across countries. Therefore, it is important to allow the ECB and the NCBs to grant to scientific research bodies access to such detailed statistical information at the ESCB level, while maintaining strict confidentiality safeguards.

| (7) | To minimise the reporting burden on reporting agents and to enable the efficient development, production and dissemination of high-quality statistics, and the proper performance of the ESCB tasks, it is necessary to allow the maximum use of existing information to compile statistics, including an exchange of confidential statistical information within the ESCB. |
| --- | --- |

(7)

To minimise the reporting burden on reporting agents and to enable the efficient development, production and dissemination of high-quality statistics, and the proper performance of the ESCB tasks, it is necessary to allow the maximum use of existing information to compile statistics, including an exchange of confidential statistical information within the ESCB.

| (8) | Furthermore, it is important to ensure close cooperation between the ESCB and the European Statistical System (ESS), notably to foster exchange of confidential data between the two systems for statistical purposes, in the light of Article 285 of the Treaty and Article 5 of the Statute. |
| --- | --- |

(8)

Furthermore, it is important to ensure close cooperation between the ESCB and the European Statistical System (ESS), notably to foster exchange of confidential data between the two systems for statistical purposes, in the light of Article 285 of the Treaty and Article 5 of the Statute.

| (9) | European Statistics are and will be developed, produced and disseminated by both the ESCB and the ESS but under separate legal frameworks reflecting their respective governance structures. This Regulation should therefore apply without prejudice to Regulation (EC) No [XX], |
| --- | --- |

(9)

European Statistics are and will be developed, produced and disseminated by both the ESCB and the ESS but under separate legal frameworks reflecting their respective governance structures. This Regulation should therefore apply without prejudice to Regulation (EC) No [XX],

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2533/98 is amended as follows:

| 1. | Article 1(4) is amended as follows: the words “in Annex A;” are replaced by the words “in Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community;”; |
| --- | --- |

1.

Article 1(4) is amended as follows: the words “in Annex A;” are replaced by the words “in Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community;”;

| 2. | Article 2 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  “1.   For the fulfilment of the ECB's statistical reporting requirements, the ECB, assisted by the national central banks in accordance with Article 5.2 of the Statute, shall have the right to collect statistical information for the development, production and dissemination of European Statistics within the limits of the reference reporting population and of what is necessary to carry out the tasks of the ESCB. In particular, information may be collected to fulfil the ECB's statistical reporting requirements including in the area of monetary and financial statistics, payments and payment systems statistics, financial stability statistics, balance of payments and international investment position statistics.”; |
| --- | --- | --- |

2.

Article 2 is amended as follows:

(a)

paragraph 1 is replaced by the following:

“1.   For the fulfilment of the ECB's statistical reporting requirements, the ECB, assisted by the national central banks in accordance with Article 5.2 of the Statute, shall have the right to collect statistical information for the development, production and dissemination of European Statistics within the limits of the reference reporting population and of what is necessary to carry out the tasks of the ESCB. In particular, information may be collected to fulfil the ECB's statistical reporting requirements including in the area of monetary and financial statistics, payments and payment systems statistics, financial stability statistics, balance of payments and international investment position statistics.”;

| (b) | paragraph 2 is replaced by the following:
  “2.   To the extent that the statistical information to be provided is necessary to fulfil the ECB's statistical reporting requirements, the reference reporting population shall comprise the following reporting agents:






  (a) | legal and natural persons residing in a Member State and falling within the sector “financial corporations” as defined in the ESA 95; |
| --- | --- | --- |

(b)

paragraph 2 is replaced by the following:

“2.   To the extent that the statistical information to be provided is necessary to fulfil the ECB's statistical reporting requirements, the reference reporting population shall comprise the following reporting agents:

(a)

legal and natural persons residing in a Member State and falling within the sector “financial corporations” as defined in the ESA 95;

| (b) | post office giro institutions; |
| --- | --- |

(b)

post office giro institutions;

| (c) | legal and natural persons residing in a Member State, to the extent that they hold cross-border positions or have carried out cross-border transactions; |
| --- | --- |

(c)

legal and natural persons residing in a Member State, to the extent that they hold cross-border positions or have carried out cross-border transactions;

| (d) | legal and natural persons residing in a Member State, to the extent that they have issued securities or electronic money; |
| --- | --- |

(d)

legal and natural persons residing in a Member State, to the extent that they have issued securities or electronic money;

| (e) | legal and natural persons residing in a participating Member State, to the extent that they hold financial positions vis-à-vis residents of other participating Member States or have carried out financial transactions with residents of other participating Member States.”; |
| --- | --- |

(e)

legal and natural persons residing in a participating Member State, to the extent that they hold financial positions vis-à-vis residents of other participating Member States or have carried out financial transactions with residents of other participating Member States.”;

| 3. | Article 3 is amended as follows:






  (a) | the following sentence is added at the start:
  “The principles of impartiality, objectivity, professional independence, cost-effectiveness, statistical confidentiality, alongside the principles of minimisation of reporting burden and high output quality shall govern the development, production and dissemination of statistics by the ESCB.”; |
| --- | --- | --- |

3.

Article 3 is amended as follows:

(a)

the following sentence is added at the start:

“The principles of impartiality, objectivity, professional independence, cost-effectiveness, statistical confidentiality, alongside the principles of minimisation of reporting burden and high output quality shall govern the development, production and dissemination of statistics by the ESCB.”;

| (b) | paragraph (a) is replaced by the following:






  “(a) | shall use existing statistics as far as possible.”; |
| --- | --- | --- |

(b)

paragraph (a) is replaced by the following:

“(a)

shall use existing statistics as far as possible.”;

| 4. | Article 8 is amended as follows:






  (a) | paragraph 2 is replaced by the following:
  “2.   Without prejudice to Article 20 of Regulation (EC) No [XX],






  (a) | transmission within the ESCB of confidential statistical information that has been collected pursuant to Article 5 of the Statute shall take place: (i) to the extent and at the level of detail necessary for the performance of the tasks of the ESCB under Article 105 of the Treaty; or (ii) provided that such transmission is necessary for the efficient development, production or dissemination of statistics under Article 5 of the Statute or for increasing their quality; |
| --- | --- | --- | --- |

4.

Article 8 is amended as follows:

(a)

paragraph 2 is replaced by the following:

“2.   Without prejudice to Article 20 of Regulation (EC) No [XX],

(a)

transmission within the ESCB of confidential statistical information that has been collected pursuant to Article 5 of the Statute shall take place: (i) to the extent and at the level of detail necessary for the performance of the tasks of the ESCB under Article 105 of the Treaty; or (ii) provided that such transmission is necessary for the efficient development, production or dissemination of statistics under Article 5 of the Statute or for increasing their quality;

| (b) | the Governing Council may decide on the collection and transmission, to the extent and level of detail necessary, within the ESCB of confidential information originally collected for purposes other than those of Article 5 of the Statute, provided that this is necessary for the efficient development or production of statistics or for increasing their quality and that these statistics are necessary for the performance of the tasks of the ESCB under Article 105 of the Treaty.”; |
| --- | --- |

(b)

the Governing Council may decide on the collection and transmission, to the extent and level of detail necessary, within the ESCB of confidential information originally collected for purposes other than those of Article 5 of the Statute, provided that this is necessary for the efficient development or production of statistics or for increasing their quality and that these statistics are necessary for the performance of the tasks of the ESCB under Article 105 of the Treaty.”;

| (b) | paragraph 3 is replaced by the following:
  “3.   Without prejudice to Regulation (EC) No [XX], reporting agents shall be informed of the statistical and other, administrative, uses, to which statistical information provided by them may be put. Reporting agents shall have the right to obtain information on the legal basis for the transmission and the protective measures adopted.”; |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

“3.   Without prejudice to Regulation (EC) No [XX], reporting agents shall be informed of the statistical and other, administrative, uses, to which statistical information provided by them may be put. Reporting agents shall have the right to obtain information on the legal basis for the transmission and the protective measures adopted.”;

| (c) | paragraph 4 is replaced by the following:
  “4.   Without prejudice to paragraph 12 of this Article, the ESCB shall use confidential statistical information transmitted to it exclusively for the exercise of the tasks of the ESCB except in any of the following circumstances:






  (a) | if the reporting agent or the other legal person, natural person, entity or branch which can be identified, has explicitly given its consent to the use of the said statistical information for other purposes; |
| --- | --- | --- |

(c)

paragraph 4 is replaced by the following:

“4.   Without prejudice to paragraph 12 of this Article, the ESCB shall use confidential statistical information transmitted to it exclusively for the exercise of the tasks of the ESCB except in any of the following circumstances:

(a)

if the reporting agent or the other legal person, natural person, entity or branch which can be identified, has explicitly given its consent to the use of the said statistical information for other purposes;

| (b) | for transmission to the members of the European Statistical System (ESS) in accordance with paragraph 11; |
| --- | --- |

(b)

for transmission to the members of the European Statistical System (ESS) in accordance with paragraph 11;

| (c) | for granting scientific research bodies access to confidential statistical information which does not allow direct identification, and with the prior explicit consent of the authority which provided the information; |
| --- | --- |

(c)

for granting scientific research bodies access to confidential statistical information which does not allow direct identification, and with the prior explicit consent of the authority which provided the information;

| (d) | as regards NCBs, if the said statistical information is used in the field of prudential supervision or for the exercise of functions other than those specified in the Statute, in accordance with Article 14.4 of the Statute.”; |
| --- | --- |

(d)

as regards NCBs, if the said statistical information is used in the field of prudential supervision or for the exercise of functions other than those specified in the Statute, in accordance with Article 14.4 of the Statute.”;

| (d) | paragraph 5 is replaced by the following:
  “5.   Confidential statistical information may be exchanged within the ESCB in order to grant scientific research bodies access to such information, in accordance with paragraphs 3 and 4(c) of this Article.”; |
| --- | --- |

(d)

paragraph 5 is replaced by the following:

“5.   Confidential statistical information may be exchanged within the ESCB in order to grant scientific research bodies access to such information, in accordance with paragraphs 3 and 4(c) of this Article.”;

| (e) | paragraph 8 is replaced by the following:
  “8.   This Regulation shall apply without prejudice to Directive 95/46/EC and 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 of the free movement of such data (7).”; |
| --- | --- |

(e)

paragraph 8 is replaced by the following:

“8.   This Regulation shall apply without prejudice to Directive 95/46/EC and 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 of the free movement of such data (7).”;

| (f) | in paragraph 9, the two last sentences are replaced by the following sentence:
  “The ECB shall define common rules and implement minimum standards to prevent unlawful disclosure and unauthorised use of data transmitted under paragraphs 1 and 2.”; |
| --- | --- |

(f)

in paragraph 9, the two last sentences are replaced by the following sentence:

“The ECB shall define common rules and implement minimum standards to prevent unlawful disclosure and unauthorised use of data transmitted under paragraphs 1 and 2.”;

| (g) | the following paragraphs 11 to 13 are added:
  “11.   Without prejudice to national provisions on the exchange of confidential statistical information other than information covered in this Regulation, the transmission of confidential statistical information between an ESCB member that collected the information and an ESS authority may take place provided that this transmission is necessary for the efficient development, production or dissemination or for increasing the quality of European Statistics within the respective spheres of competence of the ESS and the ESCB. Any transmission beyond the first transmission must be explicitly authorised by the ESCB member that collected the information.
  12.   If confidential data are transmitted between an ESS authority and an ESCB member, these data shall be used exclusively for statistical purposes and only be accessible to staff working in statistical activities within their specific domain of work.
  13.   The protection measures referred to in Article 19 of Regulation (EC) No [XX] shall apply to all confidential data transmitted between an ESS authority and an ESCB member pursuant to paragraphs 11 and 12 above, and to Article 20(1a) of Regulation (EC) No [XX]. The ECB shall publish an annual confidentiality report on the measures adopted to safeguard the confidentiality of the statistical data.”; |
| --- | --- |

(g)

the following paragraphs 11 to 13 are added:

“11.   Without prejudice to national provisions on the exchange of confidential statistical information other than information covered in this Regulation, the transmission of confidential statistical information between an ESCB member that collected the information and an ESS authority may take place provided that this transmission is necessary for the efficient development, production or dissemination or for increasing the quality of European Statistics within the respective spheres of competence of the ESS and the ESCB. Any transmission beyond the first transmission must be explicitly authorised by the ESCB member that collected the information.

12.   If confidential data are transmitted between an ESS authority and an ESCB member, these data shall be used exclusively for statistical purposes and only be accessible to staff working in statistical activities within their specific domain of work.

13.   The protection measures referred to in Article 19 of Regulation (EC) No [XX] shall apply to all confidential data transmitted between an ESS authority and an ESCB member pursuant to paragraphs 11 and 12 above, and to Article 20(1a) of Regulation (EC) No [XX]. The ECB shall publish an annual confidentiality report on the measures adopted to safeguard the confidentiality of the statistical data.”;

| 5. | Annexes A and B are deleted. |
| --- | --- |

5.

Annexes A and B are deleted.

Article 2

This Regulation shall enter into force on [date].

This Regulation shall be binding in its entirety and directly applicable in all Member States.’

Done at Frankfurt am Main, 15 September 2008.

The President of the ECB

Jean-Claude TRICHET

---

(1)  OJ L 318, 27.11.1998, p. 8.

1

(2)  OJ C 246, 6.8.1998, p. 12.

2

(3)  OJ L 310, 30.11.1996, p. 1.

3

(4)  ‘Community statistics’ form part of ‘European statistics’ referred to in the recitals to Regulation (EC) No [XX] on European Statistics.

4

(5)  OJ C 291, 5.12.2007, p. 1.

5

(6)  OJ L 318, 27.11.1998, p. 8.

6

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

7

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 3.10.2008 | EN | Official Journal of the European Union | C 251/6 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/6

---

Non-opposition to a notified concentration

(Case COMP/M.5284 — Klépierre/ABP/Steen & Strøm)

(Text with EEA relevance)

(2008/C 251/02)

On 23 September 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32008M5284. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5284. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 3.10.2008 | EN | Official Journal of the European Union | C 251/7 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/7

---

Euro exchange rates (1)

2 October 2008

(2008/C 251/03)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3903 |
| JPY | Japanese yen | 146,45 |
| DKK | Danish krone | 7,4599 |
| GBP | Pound sterling | 0,78720 |
| SEK | Swedish krona | 9,7273 |
| CHF | Swiss franc | 1,5732 |
| ISK | Iceland króna | 162,02 |
| NOK | Norwegian krone | 8,2910 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,764 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 243,88 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7097 |
| PLN | Polish zloty | 3,4088 |
| RON | Romanian leu | 3,8095 |
| SKK | Slovak koruna | 30,331 |
| TRY | Turkish lira | 1,8130 |
| AUD | Australian dollar | 1,7676 |
| CAD | Canadian dollar | 1,4804 |
| HKD | Hong Kong dollar | 10,8014 |
| NZD | New Zealand dollar | 2,0754 |
| SGD | Singapore dollar | 2,0057 |
| KRW | South Korean won | 1 704,58 |
| ZAR | South African rand | 11,6734 |
| CNY | Chinese yuan renminbi | 9,5215 |
| HRK | Croatian kuna | 7,1094 |
| IDR | Indonesian rupiah | 13 110,53 |
| MYR | Malaysian ringgit | 4,7917 |
| PHP | Philippine peso | 65,350 |
| RUB | Russian rouble | 35,9529 |
| THB | Thai baht | 47,381 |
| BRL | Brazilian real | 2,7201 |
| MXN | Mexican peso | 15,3667 |

Currency

Exchange rate

USD

US dollar

1,3903

JPY

Japanese yen

146,45

DKK

Danish krone

7,4599

GBP

Pound sterling

0,78720

SEK

Swedish krona

9,7273

CHF

Swiss franc

1,5732

ISK

Iceland króna

162,02

NOK

Norwegian krone

8,2910

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,764

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

243,88

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7097

PLN

Polish zloty

3,4088

RON

Romanian leu

3,8095

SKK

Slovak koruna

30,331

TRY

Turkish lira

1,8130

AUD

Australian dollar

1,7676

CAD

Canadian dollar

1,4804

HKD

Hong Kong dollar

10,8014

NZD

New Zealand dollar

2,0754

SGD

Singapore dollar

2,0057

KRW

South Korean won

1 704,58

ZAR

South African rand

11,6734

CNY

Chinese yuan renminbi

9,5215

HRK

Croatian kuna

7,1094

IDR

Indonesian rupiah

13 110,53

MYR

Malaysian ringgit

4,7917

PHP

Philippine peso

65,350

RUB

Russian rouble

35,9529

THB

Thai baht

47,381

BRL

Brazilian real

2,7201

MXN

Mexican peso

15,3667

---

(1)

Source: reference exchange rate published by the ECB.

---

| 3.10.2008 | EN | Official Journal of the European Union | C 251/8 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/8

---

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 23 November 2007 regarding a draft decision relating to Case COMP/38.629 — Chloroprene Rubber (1)

Rapporteur: France

(2008/C 251/04)

| 1. | The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel. |
| --- | --- |

2.

The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel.

| 3. | The Advisory Committee agrees with the European Commission assessment that the cartel constitutes a single and continuous infringement. |
| --- | --- |

3.

The Advisory Committee agrees with the European Commission assessment that the cartel constitutes a single and continuous infringement.

| 4. | The Advisory Committee agrees with the European Commission assessment on the duration of the infringement, as being from 9 years for Bayer, DuPont, Denka, Enichem and Tosoh and 6 year and a month for Dow and DPE. |
| --- | --- |

4.

The Advisory Committee agrees with the European Commission assessment on the duration of the infringement, as being from 9 years for Bayer, DuPont, Denka, Enichem and Tosoh and 6 year and a month for Dow and DPE.

| 5. | The Advisory Committee agrees with the European Commission assessment that the agreement and/or concerted practice between chloroprene rubber producers in the EEA were capable of having an appreciable effect upon trade between Member States. |
| --- | --- |

5.

The Advisory Committee agrees with the European Commission assessment that the agreement and/or concerted practice between chloroprene rubber producers in the EEA were capable of having an appreciable effect upon trade between Member States.

| 6. | The Advisory Committee agrees with the European Commission assessment as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned. |
| --- | --- |

6.

The Advisory Committee agrees with the European Commission assessment as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 7. | The members of the Advisory Committee agree with the European Commission that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

7.

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

| 8. | The Advisory Committee agrees with the European Commission's reasoning on the basic amount of the fines. |
| --- | --- |

8.

The Advisory Committee agrees with the European Commission's reasoning on the basic amount of the fines.

| 9. | The Advisory Committee agrees with the European Commission assessment of the mitigating and aggravating circumstances. |
| --- | --- |

9.

The Advisory Committee agrees with the European Commission assessment of the mitigating and aggravating circumstances.

| 10. | The Advisory Committee agrees with the European Commission on the application of the 2002 Commission notice on the non-imposition or reduction of fines. |
| --- | --- |

10.

The Advisory Committee agrees with the European Commission on the application of the 2002 Commission notice on the non-imposition or reduction of fines.

| 11. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

11.

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

---

| 3.10.2008 | EN | Official Journal of the European Union | C 251/9 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/9

---

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 30 November 2007 regarding a draft decision relating to Case COMP/38.629 — Chloroprene Rubber (2)

Rapporteur: France

(2008/C 251/05)

| 1. | The Advisory Committee agree with the Commission on the basic amount of the fines. |
| --- | --- |

1.

The Advisory Committee agree with the Commission on the basic amount of the fines.

| 2. | The Advisory Committee agree with the Commission on the increase of the basic amount due to aggravating circumstances. |
| --- | --- |

2.

The Advisory Committee agree with the Commission on the increase of the basic amount due to aggravating circumstances.

| 3. | The Advisory Committee agree with the Commission on the increase of the basic amount to ensure a sufficient deterrent effect. |
| --- | --- |

3.

The Advisory Committee agree with the Commission on the increase of the basic amount to ensure a sufficient deterrent effect.

| 4. | The Advisory Committee agree with the Commission on the reductions of the fines based on the 2002 Leniency Notice. |
| --- | --- |

4.

The Advisory Committee agree with the Commission on the reductions of the fines based on the 2002 Leniency Notice.

| 5. | The Advisory Committee agree with the Commission on the final amounts of the fines. |
| --- | --- |

5.

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

| 6. | The Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

6.

The Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union.

---

| 3.10.2008 | EN | Official Journal of the European Union | C 251/10 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/10

---

Final report of the Hearing Officer in Case COMP/38.629 — Chloroprene Rubber

(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2008/C 251/06)

The draft Decision in the above mentioned case gives rise to the following observations.

The investigation in this case started following an application for immunity under the Commission notice on immunity from fines and reduction of fines in cartel cases (the Leniency Notice) (1) by Bayer AG on 18 December 2002. On 27 January 2003, the Commission granted Bayer AG conditional immunity pursuant to Article 8(a) of the Leniency Notice.

On 27 March and 9 July 2003, the Commission carried out unannounced inspections at the premises of Dow Deutschland Inc. and Denka Chemicals GmbH, respectively.

Subsequently, the undertakings Tosoh, DuPont Dow Elastomers (DDE), Syndial and Polimeri submitted applications under the Leniency Notice.

On 13 March 2007, the Commission issued a Statement of Objections addressed to 12 legal entities belonging to 6 different groups of undertakings: Bayer AG, DuPont (E.I. DuPont de Nemours and Company, DuPont Performance Elastomers LLC and DuPont Performance Elastomers SA), Dow Chemical Company, Denka (Denki Kagaku Kogyo KK and Denka Chemicals GmbH, Eni (Eni SpA, Syndial SpA and Polimeri Europa SpA) and Tosoh (Tosoh Corporation and Tosoh Europe BV).

In the Statement of Objections the Commission considered that the addressees had participated in a single and continuous infringement from at least 13 May 1993 to at least 13 May 2002. The cartel arrangement consisted of market and customer allocation, price agreements and exchange of sensitive information.

The addressees of the Statement of Objections were granted access to the file in the form of a DVD. In addition, oral statements and documents submitted to the Commission in the framework of the Leniency Notice were made accessible at the Commission's premises.

The parties were originally granted a deadline of 6 weeks from the receipt of the DVD to reply to the Statement of Objections. Following requests, a general extension, which amounted to around two weeks, was granted to all parties. None of parties turned to me subsequently for any further extensions and all parties replied in due time.

An oral hearing was held on 21 June 2007. All parties to the proceedings were represented at the hearing.

Following the parties written and oral submissions the objections raised against Syndial have been dropped, essentially on the basis that Polimeri, as Syndial's economic successor, is held liable for the latter's participation in the cartel.

In my opinion the draft decision relates only to objections in respect of which the parties have been afforded the opportunity to make known their views.

I consider that the parties' right to be heard has been respected in this case for all participants to the proceedings.

Brussels, 3 December 2007.

Karen WILLIAMS

---

(1)  OJ C 45, 19.2.2002, p. 3.

1

---

| 3.10.2008 | EN | Official Journal of the European Union | C 251/11 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/11

---

Summary of Commission Decision

of 5 December 2007

relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement

(Case COMP/38.629 — Chloroprene Rubber)

(Text with EEA relevance)

(2008/C 251/07)

On 5 December 2007, the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement. On 23 June 2008, the Commission amended this decision. 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 was addressed to Bayer AG, E.I. DuPont de Nemours and Company, DuPont Performance Elastomers SA, DuPont Performance Elastomers LLC, The Dow Chemical Company, Denki Kagaku Kogyo KK, Denka Chemicals GmbH, Eni SpA, Polimeri Europa SpA, Tosoh Corporation, Tosoh Europe BV. |
| --- | --- |

(1)

The Decision was addressed to Bayer AG, E.I. DuPont de Nemours and Company, DuPont Performance Elastomers SA, DuPont Performance Elastomers LLC, The Dow Chemical Company, Denki Kagaku Kogyo KK, Denka Chemicals GmbH, Eni SpA, Polimeri Europa SpA, Tosoh Corporation, Tosoh Europe BV.

| (2) | The above 11 legal entities (belonging to 6 undertakings, with some legal entities held liable as parent companies), committed an infringement of Article 81 of the Treaty and Article 53 of the EEA Agreement by participating in a single and continuous infringement between 13 May 1993 and 13 May 2002 in the chloroprene rubber industry in the EEA. |
| --- | --- |

(2)

The above 11 legal entities (belonging to 6 undertakings, with some legal entities held liable as parent companies), committed an infringement of Article 81 of the Treaty and Article 53 of the EEA Agreement by participating in a single and continuous infringement between 13 May 1993 and 13 May 2002 in the chloroprene rubber industry in the EEA.

| (3) | The infringement's main features included: competitors agreeing upon the allocation and the stabilization of markets, market shares and sales quotas for chloroprene rubber, coordinating and implementing several price increases, agreeing upon minimum prices, allocating customers, exchanging competitively sensitive information, participating in regular meetings and having other contacts to agree to the above restrictions and monitor implementation within the EEA. |
| --- | --- |

(3)

The infringement's main features included: competitors agreeing upon the allocation and the stabilization of markets, market shares and sales quotas for chloroprene rubber, coordinating and implementing several price increases, agreeing upon minimum prices, allocating customers, exchanging competitively sensitive information, participating in regular meetings and having other contacts to agree to the above restrictions and monitor implementation within the EEA.

2.   THE CHLOROPRENE RUBBER INDUSTRY

| (4) | The product concerned, chloroprene rubber (hereinafter: CR), is a synthetic rubber which is an artificially-made polymer acting as an elastomer. An elastomer has the mechanical property that it can undergo much more elastic deformation under stress than most materials and still return to its previous size without permanent deformation. CR has good mechanical strength, high ozone and weather resistance, good aging resistance, low flammability, good resistance toward chemicals, moderate oil and fuel resistance and adhesion to many substrates. CR is mainly used for the production of technical rubber parts (cables, hoses, v-belts, power transmission belts etc.), for adhesives in the shoe and furniture industry (soles, heels, coated fabrics etc.) and as latex for the production of diving equipment, bitumen modifications and inner soles of shoes. |
| --- | --- |

(4)

The product concerned, chloroprene rubber (hereinafter: CR), is a synthetic rubber which is an artificially-made polymer acting as an elastomer. An elastomer has the mechanical property that it can undergo much more elastic deformation under stress than most materials and still return to its previous size without permanent deformation. CR has good mechanical strength, high ozone and weather resistance, good aging resistance, low flammability, good resistance toward chemicals, moderate oil and fuel resistance and adhesion to many substrates. CR is mainly used for the production of technical rubber parts (cables, hoses, v-belts, power transmission belts etc.), for adhesives in the shoe and furniture industry (soles, heels, coated fabrics etc.) and as latex for the production of diving equipment, bitumen modifications and inner soles of shoes.

| (5) | The value of the EEA market for CR in 2001 was approximately EUR 160 million. The supplies of the producers addressees of the decision amounted to 100 % of the demand of the EEA market. |
| --- | --- |

(5)

The value of the EEA market for CR in 2001 was approximately EUR 160 million. The supplies of the producers addressees of the decision amounted to 100 % of the demand of the EEA market.

3.   PROCEDURE

| (6) | In December 2002, Bayer informed the Commission of the existence of a cartel in the CR sector and expressed its willingness to cooperate with the Commission under the terms of the 2002 Leniency Notice. Bayer's initial submission was followed by a number of further submissions. By decision of 27 January 2003, Bayer was granted conditional immunity from fines by the Commission. |
| --- | --- |

(6)

In December 2002, Bayer informed the Commission of the existence of a cartel in the CR sector and expressed its willingness to cooperate with the Commission under the terms of the 2002 Leniency Notice. Bayer's initial submission was followed by a number of further submissions. By decision of 27 January 2003, Bayer was granted conditional immunity from fines by the Commission.

| (7) | On 27 March 2003, the Commission carried out an unannounced inspection at the premises of Dow Deutschland Inc. in Schwalbach which concerned the present case as well as the Commission's cases COMP/38542-EPDM, COMP/38637-BR and COMP/38638-ESBR. On 9 July 2003, an unannounced inspection was carried out at the premises of Denka in Düsseldorf. |
| --- | --- |

(7)

On 27 March 2003, the Commission carried out an unannounced inspection at the premises of Dow Deutschland Inc. in Schwalbach which concerned the present case as well as the Commission's cases COMP/38542-EPDM, COMP/38637-BR and COMP/38638-ESBR. On 9 July 2003, an unannounced inspection was carried out at the premises of Denka in Düsseldorf.

| (8) | On 15 July 2003, Tosoh submitted a leniency application which was followed by several further submissions. This leniency application was followed by the one from DDE (the joint venture of DuPont and Dow) in November 2003. |
| --- | --- |

(8)

On 15 July 2003, Tosoh submitted a leniency application which was followed by several further submissions. This leniency application was followed by the one from DDE (the joint venture of DuPont and Dow) in November 2003.

| (9) | After having received the first request for information, Polimeri and a second subsidiary of Eni submitted leniency applications in April 2005. |
| --- | --- |

(9)

After having received the first request for information, Polimeri and a second subsidiary of Eni submitted leniency applications in April 2005.

| (10) | On 13 March 2007, the Commission initiated proceedings and adopted a Statement of Objections (SO) concerning an infringement of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. All addressees of the SO submitted written comments in response to the objections raised by the Commission. An Oral Hearing was held on 21 June 2007. All parties exercised their right to be heard. |
| --- | --- |

(10)

On 13 March 2007, the Commission initiated proceedings and adopted a Statement of Objections (SO) concerning an infringement of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. All addressees of the SO submitted written comments in response to the objections raised by the Commission. An Oral Hearing was held on 21 June 2007. All parties exercised their right to be heard.

4.   FUNCTIONING OF THE CARTEL

| (11) | The evidence in the possession of the Commission demonstrates on a solid and lasting basis that Bayer, Denka, DDE (DuPont/Dow joint venture), DuPont, Eni and Tosoh were involved in a single, complex and continuous infringement of Article 81 of the EC Treaty and of Article 53 of the EEA Agreement regarding CR. |
| --- | --- |

(11)

The evidence in the possession of the Commission demonstrates on a solid and lasting basis that Bayer, Denka, DDE (DuPont/Dow joint venture), DuPont, Eni and Tosoh were involved in a single, complex and continuous infringement of Article 81 of the EC Treaty and of Article 53 of the EEA Agreement regarding CR.

| (12) | The infringement lasted from at least 13 May 1993 to 13 May 2002, covered most of the EEA territory and consisted of agreements and/or concerted practices aimed at agreeing upon the allocation and the stabilization of markets, market shares and sales quotas for chloroprene rubber, coordinating and implementing several price increases, agreeing upon minimum prices, allocating customers and exchanging competitively sensitive information. |
| --- | --- |

(12)

The infringement lasted from at least 13 May 1993 to 13 May 2002, covered most of the EEA territory and consisted of agreements and/or concerted practices aimed at agreeing upon the allocation and the stabilization of markets, market shares and sales quotas for chloroprene rubber, coordinating and implementing several price increases, agreeing upon minimum prices, allocating customers and exchanging competitively sensitive information.

| (13) | The basic objectives of the cartel arrangements were to freeze the competitors' market shares on the CR market, to regionalize production and supply, to eliminate the European price differential between Northern and Southern Europe and to increase prices or prevent a decline in prices for CR products. |
| --- | --- |

(13)

The basic objectives of the cartel arrangements were to freeze the competitors' market shares on the CR market, to regionalize production and supply, to eliminate the European price differential between Northern and Southern Europe and to increase prices or prevent a decline in prices for CR products.

| (14) | The Decision describes in detail the evidence found of several meetings between representatives of the undertakings involved during the period of the infringement, in which they agreed about the market shares for each CR producer in different regions of the world. Further evidence shows detailed discussions about prices and price increases in Europe and the exchange of sensitive commercial information. The agreements on market sharing and pricing were generally implemented and their implementation was closely monitored by the participants of the cartel. |
| --- | --- |

(14)

The Decision describes in detail the evidence found of several meetings between representatives of the undertakings involved during the period of the infringement, in which they agreed about the market shares for each CR producer in different regions of the world. Further evidence shows detailed discussions about prices and price increases in Europe and the exchange of sensitive commercial information. The agreements on market sharing and pricing were generally implemented and their implementation was closely monitored by the participants of the cartel.

5.   REMEDIES

5.1.   Basic amount of the fine

| (15) | The basic amount of the fine was determined as a proportion of the value of the sales of CR made by each undertaking in the relevant geographic area during the last full business year of the infringement (‘variable amount’), multiplied by the number of years of infringement, plus an additional amount, also calculated as a proportion of the value of sales, in order to deter horizontal price fixing agreements (‘entry fee’). |
| --- | --- |

(15)

The basic amount of the fine was determined as a proportion of the value of the sales of CR made by each undertaking in the relevant geographic area during the last full business year of the infringement (‘variable amount’), multiplied by the number of years of infringement, plus an additional amount, also calculated as a proportion of the value of sales, in order to deter horizontal price fixing agreements (‘entry fee’).

| (16) | The criteria that were considered in order to set out the proportions were the nature of the infringement (in this case market sharing and horizontal price-fixing), the combined market share of the undertakings participating in the infringement (100 % in this case), the geographic scope (the EEA) and implementation. |
| --- | --- |

(16)

The criteria that were considered in order to set out the proportions were the nature of the infringement (in this case market sharing and horizontal price-fixing), the combined market share of the undertakings participating in the infringement (100 % in this case), the geographic scope (the EEA) and implementation.

| (17) | Taking into account that the infringement lasted for 9 years, the variable amount was multiplied by 9 (with the exception of Dow, which entered in the agreements with the formation of the joint venture DDE in April 1996). |
| --- | --- |

(17)

Taking into account that the infringement lasted for 9 years, the variable amount was multiplied by 9 (with the exception of Dow, which entered in the agreements with the formation of the joint venture DDE in April 1996).

5.2.   Adjustments to the basic amount

5.2.1.   Aggravating circumstances: Recidivism

| (18) | At the time the infringement took place, Bayer and Eni had already been the addressees of previous Commission decisions concerning cartel activities. The fact that these undertakings have repeated the same type of conduct either in the same industry or in different sectors from that, in which they had previously incurred penalties, showed that the first penalties did not prompt these undertakings to change their conduct. This justified an increase in the basic amount to be imposed on Bayer and Eni on account of recidivism. |
| --- | --- |

(18)

At the time the infringement took place, Bayer and Eni had already been the addressees of previous Commission decisions concerning cartel activities. The fact that these undertakings have repeated the same type of conduct either in the same industry or in different sectors from that, in which they had previously incurred penalties, showed that the first penalties did not prompt these undertakings to change their conduct. This justified an increase in the basic amount to be imposed on Bayer and Eni on account of recidivism.

5.2.2.   Mitigating circumstances

| (19) | The parties have argued for the application of a series of mitigating circumstances such as a passive or minor role in the cartel, early termination of the infringement, limited involvement in the infringement, effective co-operation outside the Leniency Notice, non-implementation of cartel agreements and coercion. These claims were all rejected in the Decision. |
| --- | --- |

(19)

The parties have argued for the application of a series of mitigating circumstances such as a passive or minor role in the cartel, early termination of the infringement, limited involvement in the infringement, effective co-operation outside the Leniency Notice, non-implementation of cartel agreements and coercion. These claims were all rejected in the Decision.

5.2.3.   Specific increase for deterrence

| (20) | Accordingly and in line with previous decisions, in order to set the amount of the fine at a level which ensures that it has sufficient deterrent effect the Commission considered it appropriate to apply a multiplication factor to the fine imposed on Eni and Dow. In 2005, the most recent financial year preceding the Decision, the total turnover of Eni was EUR 86,10 billion, the total turnover of Dow was EUR 39,12 billion. |
| --- | --- |

(20)

Accordingly and in line with previous decisions, in order to set the amount of the fine at a level which ensures that it has sufficient deterrent effect the Commission considered it appropriate to apply a multiplication factor to the fine imposed on Eni and Dow. In 2005, the most recent financial year preceding the Decision, the total turnover of Eni was EUR 86,10 billion, the total turnover of Dow was EUR 39,12 billion.

5.3.   Application of the 10 % turnover limit

| (21) | The final individual amounts of the fines calculated prior to the application of the Leniency Notice were below 10 % of the worldwide turnovers of the addressed undertakings. |
| --- | --- |

(21)

The final individual amounts of the fines calculated prior to the application of the Leniency Notice were below 10 % of the worldwide turnovers of the addressed undertakings.

5.4.   Application of the 2002 Leniency Notice: immunity and reduction of fines

| (22) | Bayer, Tosoh, DuPont/DDE, Polimeri and a further subsidiary of Eni co-operated with the Commission at different stages of the investigation with a view to receiving the favourable treatment set out in the 2002 Leniency Notice, applicable to the present case. |
| --- | --- |

(22)

Bayer, Tosoh, DuPont/DDE, Polimeri and a further subsidiary of Eni co-operated with the Commission at different stages of the investigation with a view to receiving the favourable treatment set out in the 2002 Leniency Notice, applicable to the present case.

5.4.1.   Immunity

| (23) | Bayer was the first undertaking to inform the Commission about the existence of a cartel in the CR sector affecting the EEA market. Bayer therefore qualified for immunity. |
| --- | --- |

(23)

Bayer was the first undertaking to inform the Commission about the existence of a cartel in the CR sector affecting the EEA market. Bayer therefore qualified for immunity.

5.4.2.   Reduction of fines

| (24) | Tosoh was the second company to approach the Commission. Tosoh's cooperation was rewarded with a 50 % reduction of the fine. |
| --- | --- |

(24)

Tosoh was the second company to approach the Commission. Tosoh's cooperation was rewarded with a 50 % reduction of the fine.

| (25) | DDE (DuPont/Dow) offered its cooperation to the Commission in November 2003. Its cooperation was rewarded with a 25 % reduction of the fine. |
| --- | --- |

(25)

DDE (DuPont/Dow) offered its cooperation to the Commission in November 2003. Its cooperation was rewarded with a 25 % reduction of the fine.

| (26) | Regarding Polimeri and a second subsidiary of Eni, which submitted an application under the Leniency Notice in April 2005, the decision came to the conclusion that none of them provided significant added value within the meaning of point 21 of the 2002 Leniency Notice. Therefore the Commission did not grant these two companies a reduction of the fine. |
| --- | --- |

(26)

Regarding Polimeri and a second subsidiary of Eni, which submitted an application under the Leniency Notice in April 2005, the decision came to the conclusion that none of them provided significant added value within the meaning of point 21 of the 2002 Leniency Notice. Therefore the Commission did not grant these two companies a reduction of the fine.

6.   DECISION

| (27) | The addressees of the Decision and the duration of their involvement were as follows:






  (a) | Bayer AG: from 13 May 1993 to 13 May 2002; |
| --- | --- | --- |

(27)

The addressees of the Decision and the duration of their involvement were as follows:

(a)

Bayer AG: from 13 May 1993 to 13 May 2002;

| (b) | E.I. DuPont de Nemours and Company: from 13 May 1993 to 13 May 2002; DuPont Performance Elastomers SA, DuPont Performance Elastomers LLC and The Dow Chemical Company: from 1 April 1996 to 13 May 2002; |
| --- | --- |

(b)

E.I. DuPont de Nemours and Company: from 13 May 1993 to 13 May 2002; DuPont Performance Elastomers SA, DuPont Performance Elastomers LLC and The Dow Chemical Company: from 1 April 1996 to 13 May 2002;

| (c) | Denki Kagaku Kogyo KK and Denka Chemicals GmbH: from 13 May 1993 to 13 May 2002; |
| --- | --- |

(c)

Denki Kagaku Kogyo KK and Denka Chemicals GmbH: from 13 May 1993 to 13 May 2002;

| (d) | Eni SpA and Polimeri Europa SpA: from 13 May 1993 to 13 May 2002; |
| --- | --- |

(d)

Eni SpA and Polimeri Europa SpA: from 13 May 1993 to 13 May 2002;

| (e) | Tosoh Corporation and Tosoh Europe BV: from 13 May 1993 to 13 May 2002. |
| --- | --- |

(e)

Tosoh Corporation and Tosoh Europe BV: from 13 May 1993 to 13 May 2002.

| (28) | Following the above recitals, the following fines were imposed:












  (a) | Bayer AG |
| --- | --- | --- |

(28)

Following the above recitals, the following fines were imposed:

(a)

Bayer AG

EUR 0

| (b) | E.I. DuPont de Nemours and Company |
| --- | --- |

(b)

E.I. DuPont de Nemours and Company

EUR 59 250 000

of which jointly and severally with:

| (i) | DuPont Performance Elastomers SA |
| --- | --- |

(i)

DuPont Performance Elastomers SA

EUR 44 250 000

| (ii) | DuPont Performance Elastomers LLC |
| --- | --- |

(ii)

DuPont Performance Elastomers LLC

EUR 44 250 000

| (iii) | The Dow Chemical Company |
| --- | --- |

(iii)

The Dow Chemical Company

EUR 44 250 000

| (c) | Denki Kagaku Kogyo KK and Denka Chemicals GmbH, jointly and severally |
| --- | --- |

(c)

Denki Kagaku Kogyo KK and Denka Chemicals GmbH, jointly and severally

EUR 47 000 000

| (d) | Eni SpA and Polimeri Europa SpA, jointly and severally |
| --- | --- |

(d)

Eni SpA and Polimeri Europa SpA, jointly and severally

EUR 132 160 000

| (e) | Tosoh Corporation and Tosoh Europe BV, jointly and severally |
| --- | --- |

(e)

Tosoh Corporation and Tosoh Europe BV, jointly and severally

EUR 4 800 000

| (f) | The Dow Chemical Company |
| --- | --- |

(f)

The Dow Chemical Company

EUR 4 425 000

| (29) | The undertakings listed in recital (27) were ordered to bring to an end immediately the infringement referred to in recital (3), in so far as they had not already done so and to refrain from repeating any act or conduct described in recital (3), and from any act or conduct having an identical or similar object or effect. |
| --- | --- |

(29)

The undertakings listed in recital (27) were ordered to bring to an end immediately the infringement referred to in recital (3), in so far as they had not already done so and to refrain from repeating any act or conduct described in recital (3), and from any act or conduct having an identical or similar object or effect.

---

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

---

NOTICES FROM MEMBER STATES

| 3.10.2008 | EN | Official Journal of the European Union | C 251/14 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/14

---

CONTACT DETAILS FOR SUBMITTING APPLICATIONS FOR ACTION BY THE CUSTOMS AUTHORITIES AGAINST GOODS SUSPECTED OF INFRINGING CERTAIN INTELLECTUAL PROPERTY RIGHTS

(2008/C 251/08)

List of the customs departments designated by the Member States to receive and process applications for national or Community action, adopted pursuant to Article 5(2) of Council Regulation (EC) No 1383/2003 (1).

List published pursuant to Article 8(6) of Commission Regulation (EC) No 1891/2004 (2).

| Member State | Customs department competent to receive and process applications |
| --- | --- |
| BELGIUM | Monsieur l'Administrateur |
| Service Public Fédéral Finances |
| North Galaxy — Tour A |
| 33 — Bte 37, Bd. Du Roi Albert II |
| B-1030 Bruxelles |
| Tél. (32-2) 576 31 381 |
| Fax (32-2) 579 52 57 |
| E-mail: Michele.Thibaut@minfin.fed.be |

Member State

Customs department competent to receive and process applications

BELGIUM

Monsieur l'Administrateur

Service Public Fédéral Finances

North Galaxy — Tour A

33 — Bte 37, Bd. Du Roi Albert II

B-1030 Bruxelles

Tél. (32-2) 576 31 381

Fax (32-2) 579 52 57

E-mail: Michele.Thibaut@minfin.fed.be

| De heer Administrateur |
| --- |
| Federale Openbare Dienst Financiën |
| North Galaxy — Tour A |
| Koning Albert II laan, 33, bus 37 |
| B-1030 Brussel |
| Tel. (32-2) 576 31 38 |
| Fax (32-2) 579 52 57 |
| E-mail: Michele.Thibaut@minfin.fed.be |

De heer Administrateur

Federale Openbare Dienst Financiën

North Galaxy — Tour A

Koning Albert II laan, 33, bus 37

B-1030 Brussel

Tel. (32-2) 576 31 38

Fax (32-2) 579 52 57

E-mail: Michele.Thibaut@minfin.fed.be

BULGARIA

| Агенция „Митници“ |
| --- |
| Централно митническо управление |
| Ул. „Раковски“ 47 |
| BG-1202 София |
| Tel. (359) 2 9859 4528 |
| Fax (359) 2 9859 4067 |

Агенция „Митници“

Централно митническо управление

Ул. „Раковски“ 47

BG-1202 София

Tel. (359) 2 9859 4528

Fax (359) 2 9859 4067

| National Customs Agency |
| --- |
| Central Customs Directorate |
| 47, Rakovski str. |
| BG-1202 Sofia |
| Tel. (359) 2 9859 4528 |
| Fax (359) 2 9859 4067 |

National Customs Agency

Central Customs Directorate

47, Rakovski str.

BG-1202 Sofia

Tel. (359) 2 9859 4528

Fax (359) 2 9859 4067

CZECH REPUBLIC

| Customs Directorate Hradec Králové |
| --- |
| ul. Bohuslava Martinů 1672/8a |
| P.O. BOX 88 |
| CZ-501 01 Hradec Králové |
| Tel. (420) 49 5756 111, 49 5756 214, 49 5756 267 |
| Fax (420) 49 5756 200 |
| E-mail: posta0601@cs.mfcr.cz |
| Internet: www.cs.mfcr.cz |

Customs Directorate Hradec Králové

ul. Bohuslava Martinů 1672/8a

P.O. BOX 88

CZ-501 01 Hradec Králové

Tel. (420) 49 5756 111, 49 5756 214, 49 5756 267

Fax (420) 49 5756 200

E-mail: posta0601@cs.mfcr.cz

Internet: www.cs.mfcr.cz

DENMARK

| Tax Centre Copenhagen |
| --- |
| Task Force Counterfeiting |
| Sluseholmen 8B |
| DK-2450 Copenhagen SV |
| Tel. (45) 72 37 10 60 |
| Fax (45) 72 37 11 50 |
| E-mail: ipr@skat.dk |
| Internet: www.skat.dk |

Tax Centre Copenhagen

Task Force Counterfeiting

Sluseholmen 8B

DK-2450 Copenhagen SV

Tel. (45) 72 37 10 60

Fax (45) 72 37 11 50

E-mail: ipr@skat.dk

Internet: www.skat.dk

GERMANY

| Oberfinanzdirektion Nürnberg Zentralstelle Gewerblicher Rechtsschutz |
| --- |
| Sophienstraße 6 |
| D-80333 München |
| Tel. (49-89) 59 95 23 49 |
| Fax (49-89) 59 95 23 17 |
| E-mail: zgr@ofdm.bfinv.de |

Oberfinanzdirektion Nürnberg Zentralstelle Gewerblicher Rechtsschutz

Sophienstraße 6

D-80333 München

Tel. (49-89) 59 95 23 49

Fax (49-89) 59 95 23 17

E-mail: zgr@ofdm.bfinv.de

ESTONIA

| Estonian Tax and Customs Board |
| --- |
| Narva mnt 9j |
| EE-15176 Tallinn |
| Tel. (372) 683 5700 |
| Fax (372) 683 709 |
| E-mail: emta@emta.ee |

Estonian Tax and Customs Board

Narva mnt 9j

EE-15176 Tallinn

Tel. (372) 683 5700

Fax (372) 683 709

E-mail: emta@emta.ee

IRELAND

| Office of the Revenue Commissioners |
| --- |
| Customs Division |
| International & Trade Security Branch |
| Government Offices |
| Nenagh |
| Co Tipperary |
| Ireland |
| Tel. (353) 67 632 38 |
| Fax (353) 67 323 81 |
| E-mail: customsinternational@revenue.ie |
| Internet: www.revenue.ie |

Office of the Revenue Commissioners

Customs Division

International & Trade Security Branch

Government Offices

Nenagh

Co Tipperary

Ireland

Tel. (353) 67 632 38

Fax (353) 67 323 81

E-mail: customsinternational@revenue.ie

Internet: www.revenue.ie

GREECE

| Διεύθυνση Τελωνείων Αττικής |
| --- |
| Πλατεία Αγ. Νικολάου |
| GR-18510 Πειραιάς |
| Τηλ. (30) 21 04 28 24 61, 21 04 51 55 87 |
| Φαξ (30) 21 04 51 10 09 |
| Ηλ. Ταχ/μείο: www.e-oikonomia.gr |

Διεύθυνση Τελωνείων Αττικής

Πλατεία Αγ. Νικολάου

GR-18510 Πειραιάς

Τηλ. (30) 21 04 28 24 61, 21 04 51 55 87

Φαξ (30) 21 04 51 10 09

Ηλ. Ταχ/μείο: www.e-oikonomia.gr

| Attika Customs District |
| --- |
| Pl. Ag. Nikolaou |
| GR-18510 Pireas |
| Tel. (30) 21 04 28 24 61, 21 04 51 55 87 |
| Fax (30) 21 04 51 10 09 |
| Internet: www.e-oikonomia.gr |

Attika Customs District

Pl. Ag. Nikolaou

GR-18510 Pireas

Tel. (30) 21 04 28 24 61, 21 04 51 55 87

Fax (30) 21 04 51 10 09

Internet: www.e-oikonomia.gr

SPAIN

| Departamento de Aduanas e Impuestos Especiales |
| --- |
| Subdirección General de Gestión Aduanera |
| Avenida del Llano Castellano 17 |
| E-28071 Madrid |
| Tél. (34) 917 28 98 54 |
| Fax (34) 917 29 12 00 |

Departamento de Aduanas e Impuestos Especiales

Subdirección General de Gestión Aduanera

Avenida del Llano Castellano 17

E-28071 Madrid

Tél. (34) 917 28 98 54

Fax (34) 917 29 12 00

FRANCE

| Direction générale des douanes et des droits indirects |
| --- |
| Bureau E4 — Section de la propriété intellectuelle |
| 11, rue des Deux communes |
| F-93558 Montreuil Cedex |
| Tél. Jérôme Salès: (33) 157 53 43 51 |
| Marie Thérèses Boufarès: (33) 157 53 43 54 |
| Laurence Micheletti: (33) 157 53 43 58 |
| Fax (33) 157 53 40 68 |
| E-mail: jerome.sales@douane.finances.gouv.fr |
| marie-therese.boufares@douane.finances.gouv.fr |
| laurence.micheletti@douane.finances.gouv.fr |

Direction générale des douanes et des droits indirects

Bureau E4 — Section de la propriété intellectuelle

11, rue des Deux communes

F-93558 Montreuil Cedex

Tél. Jérôme Salès: (33) 157 53 43 51

Marie Thérèses Boufarès: (33) 157 53 43 54

Laurence Micheletti: (33) 157 53 43 58

Fax (33) 157 53 40 68

E-mail: jerome.sales@douane.finances.gouv.fr

marie-therese.boufares@douane.finances.gouv.fr

laurence.micheletti@douane.finances.gouv.fr

ITALY

| Agenzia delle Dogane |
| --- |
| Ufficio Antifrode |
| Via Mario Carucci, 71 |
| I-00144 Roma |
| Tel. (39) 06 50 24 20 81 — 50 24 65 96 |
| Fax (39) 06 50 95 73 00 — 50 24 20 21 |
| E-mail: dogane.antifrode@agenziadogane.it |

Agenzia delle Dogane

Ufficio Antifrode

Via Mario Carucci, 71

I-00144 Roma

Tel. (39) 06 50 24 20 81 — 50 24 65 96

Fax (39) 06 50 95 73 00 — 50 24 20 21

E-mail: dogane.antifrode@agenziadogane.it

CYPRUS

Διεύθυνση:

| Γωνία Μ. Καραολή & Γρ. Αυξεντίου, |
| --- |
| Λευκωσία |
| Κύπρος |

Γωνία Μ. Καραολή & Γρ. Αυξεντίου,

Λευκωσία

Κύπρος

Ταχυδρομική Διεύθυνση:

| Αρχιτελωνείο, |
| --- |
| CY-1440 Λευκωσία |
| Τηλ. (357) 22 60 16 52, 22 60 18 58 |
| Φαξ (357) 22 30 20 29 |
| headquarters@customs.mof.gov.cy |
| Ιστοσελίδα: www.mof.gov.cy/ce |

Αρχιτελωνείο,

CY-1440 Λευκωσία

Τηλ. (357) 22 60 16 52, 22 60 18 58

Φαξ (357) 22 30 20 29

headquarters@customs.mof.gov.cy

Ιστοσελίδα: www.mof.gov.cy/ce

Address:

| Corner M. Karaoli & Gr. Afxentiou, |
| --- |
| Nicosia |
| Cyprus |

Corner M. Karaoli & Gr. Afxentiou,

Nicosia

Cyprus

Postal address:

| Customs Headquarters |
| --- |
| CY-1440 Nicosia |
| Tel. (357) 22 60 16 52, 22 60 18 58 |
| Fax (357) 22 30 20 29 |
| E-mail: headquarters@customs.mof.gov.cy |
| Internet: www.mof.gov.cy/ce |

Customs Headquarters

CY-1440 Nicosia

Tel. (357) 22 60 16 52, 22 60 18 58

Fax (357) 22 30 20 29

E-mail: headquarters@customs.mof.gov.cy

Internet: www.mof.gov.cy/ce

LATVIA

| Intellectual Property Rights Subdivision |
| --- |
| Customs Violation Prevention Division |
| National Customs Board |
| State Revenue Service |
| Republic of Latvia |
| 11. novembra krastmala 17 |
| LV-1841 Riga |
| Tel. (371) 711 12 22 |
| Fax (371) 711 12 91 |
| E-mail: customs@vid.gov.lv |
| Internet: www.vid.gov.lv |

Intellectual Property Rights Subdivision

Customs Violation Prevention Division

National Customs Board

State Revenue Service

Republic of Latvia

11. novembra krastmala 17

LV-1841 Riga

Tel. (371) 711 12 22

Fax (371) 711 12 91

E-mail: customs@vid.gov.lv

Internet: www.vid.gov.lv

LITHUANIA

| Customs Department under the Ministry of Finance of the Republic of Lithuania |
| --- |
| A. Jaksto 1/25 |
| LT-01105 Vilnius |
| Tel. (370) 5 266 61 24 |
| Fax (370) 5 266 60 05 |

Customs Department under the Ministry of Finance of the Republic of Lithuania

A. Jaksto 1/25

LT-01105 Vilnius

Tel. (370) 5 266 61 24

Fax (370) 5 266 60 05

LUXEMBOURG

| Direction des douanes et accises |
| --- |
| Division «Attributions Sécuritaires» |
| Boîte postale 1605 |
| L-1016 Luxembourg |
| Tel. (352) 29 01 91 |
| Fax (352) 49 87 90 |

Direction des douanes et accises

Division «Attributions Sécuritaires»

Boîte postale 1605

L-1016 Luxembourg

Tel. (352) 29 01 91

Fax (352) 49 87 90

HUNGARY

| Hungarian Customs and Finance Guard, |
| --- |
| Central Hungarian Regional Directorate |
| Intellectual Property Rights Division |
| Address: Hungária krt. 112–114. |
| H-1143 Budapest |

Hungarian Customs and Finance Guard,

Central Hungarian Regional Directorate

Intellectual Property Rights Division

Address: Hungária krt. 112–114.

H-1143 Budapest

| Postal address: Pf. 29. |
| --- |
| H-1581 Budapest |
| Tel. (36) 1 470 41 55, (36) 1 470 41 00 |
| Fax (36) 1 47 042 36, (36) 1 470 41 67 |
| E-mail: sztvo.vpkmrp@mail.vpop.hu |

Postal address: Pf. 29.

H-1581 Budapest

Tel. (36) 1 470 41 55, (36) 1 470 41 00

Fax (36) 1 47 042 36, (36) 1 470 41 67

E-mail: sztvo.vpkmrp@mail.vpop.hu

MALTA

| Director General of Customs |
| --- |
| Customs House |
| Lascaris Wharf, Valletta CMR 02 |
| Malta |
| Tel. (356) 25 68 51 01 |
| Fax (356) 25 68 52 43 |
| E-mail: joseph.p.brincat@gov.mt |
| Internet: http://mfin.gov.mt/page.aspx?site=CUST&page=default |

Director General of Customs

Customs House

Lascaris Wharf, Valletta CMR 02

Malta

Tel. (356) 25 68 51 01

Fax (356) 25 68 52 43

E-mail: joseph.p.brincat@gov.mt

Internet: http://mfin.gov.mt/page.aspx?site=CUST&page=default

THE NETHERLANDS

| Douane-Noord/kantoor Groningen, afdeling IER |
| --- |
| P.O. Box 380 |
| 9700 AJ Groningen |
| Tel. (31) 50 523 21 75 |
| Fax (31) 50 523 21 76 |
| E-mail: Douane.hier@tiscalimail.nl |

Douane-Noord/kantoor Groningen, afdeling IER

P.O. Box 380

9700 AJ Groningen

Tel. (31) 50 523 21 75

Fax (31) 50 523 21 76

E-mail: Douane.hier@tiscalimail.nl

AUSTRIA

| Zollamt Klagenfurt Villach |
| --- |
| Competence Center Gewerblicher Rechtsschutz |
| Ackerweg 19 |
| A-9500 Villach |
| Tel. (43) 4242 3028-(39, 41, 52) |
| Fax (43) 4242 3028-(71, 73) |
| E-mail: ipr@bmf.gv.at |

Zollamt Klagenfurt Villach

Competence Center Gewerblicher Rechtsschutz

Ackerweg 19

A-9500 Villach

Tel. (43) 4242 3028-(39, 41, 52)

Fax (43) 4242 3028-(71, 73)

E-mail: ipr@bmf.gv.at

POLAND

| The Customs Chamber in Warsaw |
| --- |
| Erazma Ciołka 1401-443 Warsaw |
| PL-03-216 Warsaw |
| Tel. (48-22) 614 42 51 |
| Fax (48-22) 614 42 51 |
| E-mail: IC440000@war.mofnet.gov.pl |

The Customs Chamber in Warsaw

Erazma Ciołka 1401-443 Warsaw

PL-03-216 Warsaw

Tel. (48-22) 614 42 51

Fax (48-22) 614 42 51

E-mail: IC440000@war.mofnet.gov.pl

PORTUGAL

| Ministério das Finanças |
| --- |
| Direcção-Geral das Alfândegas e dos Impostos |
| Especiais sobre o Consumo |
| Direcção de Serviços de Regulação Aduaneira |
| Rua da Alfândega, n.o 5 R/C |
| P-1149-006 Lisboa |
| Tel. (351) 21 881 38 90 |
| Fax (351) 21 881 39 84 |
| E-mail: dsra@dgaiec.min-financas.pt |
| Internet: www.dgaiec.min-financas.pt |

Ministério das Finanças

Direcção-Geral das Alfândegas e dos Impostos

Especiais sobre o Consumo

Direcção de Serviços de Regulação Aduaneira

Rua da Alfândega, n.o 5 R/C

P-1149-006 Lisboa

Tel. (351) 21 881 38 90

Fax (351) 21 881 39 84

E-mail: dsra@dgaiec.min-financas.pt

Internet: www.dgaiec.min-financas.pt

ROMANIA

| National Customs Authority |
| --- |
| Directorate for the fight against customs fraud |
| Intellectual Property Rights Service |
| 13, Matei Millo Street |
| RO-010144, district no 1, Bucharest |
| Tel. (40) 213 108 550 |
| Fax (40) 213 108 550 |
| Internet: www.customs.ro |

National Customs Authority

Directorate for the fight against customs fraud

Intellectual Property Rights Service

13, Matei Millo Street

RO-010144, district no 1, Bucharest

Tel. (40) 213 108 550

Fax (40) 213 108 550

Internet: www.customs.ro

SLOVENIA

| Customs Administration of Republic of Slovenia |
| --- |
| General Customs directorate |
| Šmartinska 55 |
| SLO-1523 Ljubljana |
| Tel. (386-1) 478 38 00 |
| Fax (386-1) 478 39 04 |
| E-mail: gcu.carina@gov |

Customs Administration of Republic of Slovenia

General Customs directorate

Šmartinska 55

SLO-1523 Ljubljana

Tel. (386-1) 478 38 00

Fax (386-1) 478 39 04

E-mail: gcu.carina@gov

SLOVAKIA

| Customs Directorate of the Slovak Republic |
| --- |
| Mierova 23 |
| SK-815 11 Bratislava |
| Tel. (421) 2 48 27 31 01 |
| Fax (421) 2 43 33 64 48 |
| Internet: www.colnasprava.sk |

Customs Directorate of the Slovak Republic

Mierova 23

SK-815 11 Bratislava

Tel. (421) 2 48 27 31 01

Fax (421) 2 43 33 64 48

Internet: www.colnasprava.sk

FINLAND

| Tullihallitus |
| --- |
| Valvontaosasto |
| PL 512 |
| FI-00101 Helsinki |
| Tel. (358-20) 492 27 48 |
| Fax (358-20) 492 26 69 |
| (Enforcement Department National Board of Customs |
| Box 512 |
| FI-00101 Helsinki) |

Tullihallitus

Valvontaosasto

PL 512

FI-00101 Helsinki

Tel. (358-20) 492 27 48

Fax (358-20) 492 26 69

(Enforcement Department National Board of Customs

Box 512

FI-00101 Helsinki)

SWEDEN

| Tullverket |
| --- |
| P O Box 12854 |
| S-112 98 Stockholm |
| Tel. (46) 771 520 520 |
| Fax (46) 820 80 12 |
| Internet: www.tullverket.se |

Tullverket

P O Box 12854

S-112 98 Stockholm

Tel. (46) 771 520 520

Fax (46) 820 80 12

Internet: www.tullverket.se

UNITED KINGDOM

| HM Revenue & Customs |
| --- |
| Intellectual Propert Rights Team |
| Bowman House |
| 100-102 Talbot Street |
| Nottingham |
| NG1 5NF |
| United Kingdom |
| Tel. (44) 115 971 2113 (Jon Bradshaw)/(44) 115 971 2334 (Helen Ilett) |
| Fax (44) 115 21 68 |
| E-mail: jonathan.bradshaw@hmrc.gsi.gov.uk / helen.ilett@hmrc.gsi.gov.uk |
| Internet: www.hmce.gov.uk |

HM Revenue & Customs

Intellectual Propert Rights Team

Bowman House

100-102 Talbot Street

Nottingham

NG1 5NF

United Kingdom

Tel. (44) 115 971 2113 (Jon Bradshaw)/(44) 115 971 2334 (Helen Ilett)

Fax (44) 115 21 68

E-mail: jonathan.bradshaw@hmrc.gsi.gov.uk / helen.ilett@hmrc.gsi.gov.uk

Internet: www.hmce.gov.uk

---

(1)  OJ L 197, 2.8.2003, p. 10.

(2)  OJ L 328, 30.10.2004, p. 16.

---

| 3.10.2008 | EN | Official Journal of the European Union | C 251/18 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/18

---

Winding-up proceedings

Decision to open winding-up proceedings in respect of Black Sea and Baltic General Insurance Company Limited

(Publication made in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)

(2008/C 251/09)

| Insurance undertaking | Black Sea and Baltic General Insurance Company Limited, 12 Plumtree Court, London, EC4A 4HT, United Kingdom |
| --- | --- |
| Date, entry into force and nature of the decision | On 23 July 2008, pursuant to Section 125 of the Insolvency Act 1986, a compulsory Winding-up Order was made against Black Sea and Baltic General Insurance Company Limited and pursuant to Section 136 of the Insolvency Act 1986 the Official Receiver was appointed Liquidator |
| Competent authorities | Financial Services Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS, United Kingdom |
| Supervisory authority | Financial Services Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS, United Kingdom |
| Liquidator appointed | The Official Receiver, Public Interest Unit, 21 Bloomsbury Street,London WC1B 3SS, United Kingdom
  E-mail: piu.or@insolvency.gsi.gov.uk |
| Applicable law | United Kingdom
  In the Matter of Black Sea and Baltic General Insurance Company Limited
  and
  In the Matter of The Insolvency Act 1986
  And
  In the Matter of The Insurers (Reorganisation and Winding-up) Regulations 2004 |

Insurance undertaking

Black Sea and Baltic General Insurance Company Limited, 12 Plumtree Court, London, EC4A 4HT, United Kingdom

Date, entry into force and nature of the decision

On 23 July 2008, pursuant to Section 125 of the Insolvency Act 1986, a compulsory Winding-up Order was made against Black Sea and Baltic General Insurance Company Limited and pursuant to Section 136 of the Insolvency Act 1986 the Official Receiver was appointed Liquidator

Competent authorities

Financial Services Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS, United Kingdom

Supervisory authority

Financial Services Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS, United Kingdom

Liquidator appointed

The Official Receiver, Public Interest Unit, 21 Bloomsbury Street,London WC1B 3SS, United Kingdom

E-mail: piu.or@insolvency.gsi.gov.uk

Applicable law

United Kingdom

In the Matter of Black Sea and Baltic General Insurance Company Limited

and

In the Matter of The Insolvency Act 1986

And

In the Matter of The Insurers (Reorganisation and Winding-up) Regulations 2004

---

V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 3.10.2008 | EN | Official Journal of the European Union | C 251/19 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/19

---

Call for proposals — Pilot project to step up cooperation between Member States on combating forest fires

(2008/C 251/10)

| 1. | The European Commission, Directorate-General for Environment, Civil Protection Unit, is launching a call for proposals with the aim of identifying projects to step up cooperation between Member States on combating forest fires, which might be eligible for financial support in the framework of a pilot project in the area of civil protection. This financial support will take the form of grants. |
| --- | --- |

1.

The European Commission, Directorate-General for Environment, Civil Protection Unit, is launching a call for proposals with the aim of identifying projects to step up cooperation between Member States on combating forest fires, which might be eligible for financial support in the framework of a pilot project in the area of civil protection. This financial support will take the form of grants.

| 2. | The fields concerned, the nature and content of the actions and the financing conditions are set out in the relevant Grant Application Guide, which also contains detailed instructions on where and when to submit a proposal. The guide, as well as the relevant grant application forms, can be downloaded from the Europa website at:
  http://ec.europa.eu/environment/funding/intro_en.htm |
| --- | --- |

2.

The fields concerned, the nature and content of the actions and the financing conditions are set out in the relevant Grant Application Guide, which also contains detailed instructions on where and when to submit a proposal. The guide, as well as the relevant grant application forms, can be downloaded from the Europa website at:

http://ec.europa.eu/environment/funding/intro_en.htm

| 3. | Proposals must be sent to the Commission to the address indicated in the Grant Application Guide by 21 November 2008. Proposals must be submitted by post or private courier no later than 21 November 2008 (evidence shall be constituted by the date of dispatch, the postmark or the date of the deposit slip). They may also be delivered by hand to the specific address indicated in the Guide no later than 21 November 2008 at 17.00 (evidence shall be the acknowledgement of receipt dated and signed by the responsible official).
  Proposals sent by the fixed deadline but received by the Commission after 4 December 2008 (final receipt date) will not be considered eligible. It is the duty of the applicant organisation to ensure that the necessary precautions are taken to respect this deadline.
  Proposals submitted by fax, electronic mail, incomplete applications, or applications sent in several parts will not be accepted. |
| --- | --- |

3.

Proposals must be sent to the Commission to the address indicated in the Grant Application Guide by 21 November 2008. Proposals must be submitted by post or private courier no later than 21 November 2008 (evidence shall be constituted by the date of dispatch, the postmark or the date of the deposit slip). They may also be delivered by hand to the specific address indicated in the Guide no later than 21 November 2008 at 17.00 (evidence shall be the acknowledgement of receipt dated and signed by the responsible official).

Proposals sent by the fixed deadline but received by the Commission after 4 December 2008 (final receipt date) will not be considered eligible. It is the duty of the applicant organisation to ensure that the necessary precautions are taken to respect this deadline.

Proposals submitted by fax, electronic mail, incomplete applications, or applications sent in several parts will not be accepted.

| 4. | The procedure for the award of grants is scheduled as follows:






  — | receipt, recording and acknowledgement of receipt by the Commission, |
| --- | --- | --- |

4.

The procedure for the award of grants is scheduled as follows:

—

receipt, recording and acknowledgement of receipt by the Commission,

| — | appraisal of the proposals by the Commission, |
| --- | --- |

—

appraisal of the proposals by the Commission,

| — | award decision and notification of the result to the applicants. |
| --- | --- |

—

award decision and notification of the result to the applicants.

Beneficiaries will be selected on the basis of the criteria set out in the guide mentioned in point 2 and within the limits of the available budget.

In the event of approval by the Commission, a grant agreement (made out in euro) will be concluded between the Commission and the party submitting the proposal.

The procedure is strictly confidential.

---

| 3.10.2008 | EN | Official Journal of the European Union | C 251/20 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/20

---

Training of national judges in EC competition law and judicial cooperation between national judges

(2008/C 251/11)

A new call for proposals on training of national judges in EC competition law and judicial cooperation between national judges has been published on:

http://ec.europa.eu/dgs/competition/proposals2/

Deadline for application: 9 January 2009.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 3.10.2008 | EN | Official Journal of the European Union | C 251/21 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

C 251/21

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam

(2008/C 251/12)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam (‘countries concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 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 30 June 2008 by the European Confederation of the Footwear Industry (CEC) (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 35 %, of the total Community production of certain footwear with uppers of leather.

2.   Product

The product under review is footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap, originating in the People's Republic of China and Vietnam (‘the product concerned’), currently classifiable within CN codes 6403 20 00, ex 6403 51 05, ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 05, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 05, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 05, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98 and ex 6405 10 00. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1472/2006 (3) on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam, extended by Council Regulation (EC) No 388/2008 (4) to imports of the same product, consigned from the Macao SAR, whether declared as originating in the Macao SAR or not.

4.   Grounds for the review

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

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the People's Republic of China and Vietnam on the basis of the price in an appropriate market economy country, which is mentioned in point 5.1(d). The allegation of continuation of dumping is based on a comparison of normal value, established as set out in the preceding sentence, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant for all exporting countries concerned.

Furthermore, the applicant points out that during the period of imposition of measures, the exporters/producers of the product concerned from the People's Republic of China tried to undermine the existing measures by circumvention practices, which were counteracted by Regulation (EC) No 388/2008.

The applicant has provided evidence that imports of the product concerned from the People's Republic of China and Vietnam have continued to enter in significant quantities, and that such quantities would be likely to remain at their current levels, if not increase, inter alia, due to the potential of the manufacturing facilities of the exporting producers.

In addition, the applicant alleges that the current improved situation with regard to injury is mainly due to the existence of measures and that any continuation of substantial imports at dumped prices from the countries concerned would likely lead to a recurrence of further injury of the Community industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

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 or recurrence of dumping and injury.

(a)   Sampling

In view of the apparent 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 and Vietnam

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 pairs of the product concerned sold for export to the Community during the period 1 July 2007 to 30 June 2008, |
| --- | --- |

—

the turnover in local currency and the volume in pairs of the product concerned sold for export to the Community during the period 1 July 2007 to 30 June 2008,

| — | the turnover in local currency and the sales volume in pairs of the product concerned sold on the domestic market during the period 1 July 2007 to 30 June 2008, |
| --- | --- |

—

the turnover in local currency and the sales volume in pairs of the product concerned sold on the domestic market during the period 1 July 2007 to 30 June 2008,

| — | the turnover in local currency and the sales volume in pairs for the product concerned sold to other third countries during the period 1 July 2007 to 30 June 2008, |
| --- | --- |

—

the turnover in local currency and the sales volume in pairs for the product concerned sold to other third countries during the period 1 July 2007 to 30 June 2008,

| — | the precise activities of the company with regard to the product concerned and the production volume in pairs of the product concerned, the production capacity and the investments in production capacity during the period 1 July 2007 to 30 June 2008, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned and the production volume in pairs of the product concerned, the production capacity and the investments in production capacity during the period 1 July 2007 to 30 June 2008,

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

—

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

| — | the last available audited statutory accounts (in case your company is not under obligation to have audited statutory accounts, please provide the non audited version); in case the documents are not in one of the official languages of the European Union, please provide translation to one of those languages, preferably English, |
| --- | --- |

—

the last available audited statutory accounts (in case your company is not under obligation to have audited statutory accounts, please provide the non audited version); in case the documents are not in one of the official languages of the European Union, please provide translation to one of those languages, preferably English,

| — | 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 or 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 exporting countries, 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 total turnover in euro of the company during the period 1 July 2007 to 30 June 2008, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 July 2007 to 30 June 2008,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

| — | 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 pairs and value in euro of imports into and resales made in the Community market during the period 1 July 2007 to 30 June 2008 of the imported product concerned originating in the People's Republic of China and Vietnam or consigned from the Macao SAR, whether declared as originating in the Macao SAR or not, |
| --- | --- |

—

the volume in pairs and value in euro of imports into and resales made in the Community market during the period 1 July 2007 to 30 June 2008 of the imported product concerned originating in the People's Republic of China and Vietnam or consigned from the Macao SAR, whether declared as originating in the Macao SAR or not,

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

—

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

| — | the last available audited statutory accounts (in case your company is not under obligation to have audited statutory accounts, please provide the non audited version); in case the documents are not in one of the official languages of the European Union, please provide translation to one of those languages, preferably English, |
| --- | --- |

—

the last available audited statutory accounts (in case your company is not under obligation to have audited statutory accounts, please provide the non audited version); in case the documents are not in one of the official languages of the European Union, please provide translation to one of those languages, preferably English,

| — | 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 or 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 Community producers

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

The selection of the sample will be based on the largest representative volume of production and sales of the Community industry which can be reasonably investigated within the time available.

In order to obtain the information necessary for the selection of the sample of Community producers, the Commission will contact associations of Community producers and/or individual Community producers. In addition, individual Community producers, particularly those not members of an association, may also indicate their willingness to be included in the sample. These producers should make themselves known by contacting the Commission within the time limit set in point 6(b)(i).

(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 samples.

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

If sufficient co-operation 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 Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China and Vietnam, to any association of exporters/producers, to the sampled importers, to any known association of importers, and to the authorities of the exporting countries 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 Brazil was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China and Vietnam. The Commission envisages using Brazil 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 Community interest

In accordance with Article 21 of the basic Regulation, in order to decide if the measures are in the interest of the Community, a determination will be made as to whether maintaining the anti-dumping measures would not be against the Community interest. For this reason the Commission may send questionnaires to the known Community industry, importers, their representative associations, representative users and representative consumer organizations. Such parties, including those not yet 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 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

(i)   For parties to request a questionnaire

All interested parties who did not co-operate 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.

(ii)   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 40 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).

(iii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b)   Specific time limits in respect of sampling

| (i) | The information specified in points 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. |
| --- | --- |

(i)

The information specified in points 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.

| (ii) | All other information relevant for the selection of the sample as referred to in point 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. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in point 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.

| (iii) | 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. |
| --- | --- |

(iii)

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.

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

Parties to the investigation may wish to comment on the appropriateness of Brazil 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 and Vietnam. 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’ (7) 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 04/092 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/092

B-1049 Brussels

Fax (32-2) 295 65 05

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.   Processing of personal data

It is noted 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 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 (8).

12.   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 DG 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 DG Trade (http://ec.europa.eu/trade).

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(1)  OJ C 75, 26.3.2008, p. 25.

(2)  OJ L 56, 6.3.1996, p. 1.

(3)  OJ L 275, 6.10.2006, p. 1.

(4)  OJ L 117, 1.5.2008, p. 1.

(5)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(6)  For guidance on the meaning of related companies, please refer to Article 143 of Regulation (EEC) No 2454/93.

(7)  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 of 30 May 2001 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).

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

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3.10.2008

| 3.10.2008 | EN | Official Journal of the European Union | C 251/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 251/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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