# Official Journal C 270/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.270.eng |
| --- | --- |
| Official Journal
  of the European Union | C 270 |
| | |
| English edition | Information and Notices | Volume 536 October 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.270.eng

Official Journal

of the European Union

C 270

English edition

Information and Notices

Volume 536 October 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 270/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2010/C 270/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  2
  ) | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 270/01

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

1

1

2010/C 270/02

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  2
  )

2

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 270/03 | Euro exchange rates | 5 |
| 2010/C 270/04 | New national side of euro coins intended for circulation | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 270/03

Euro exchange rates

5

2010/C 270/04

New national side of euro coins intended for circulation

6

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2010/C 270/05 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of trichloroisocyanuric acid originating in the People's Republic of China | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2010/C 270/05

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

7

| | |
| --- | --- |
| | (1)   Text with EEA relevance |
| | (2)   Text with EEA relevance, except for products falling under Annex I to the Treaty |

---

(1)   Text with EEA relevance

1

(2)   Text with EEA relevance, except for products falling under Annex I to the Treaty

2

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.10.2010 | EN | Official Journal of the European Union | C 270/1 |
| --- | --- | --- | --- |

6.10.2010

EN

Official Journal of the European Union

C 270/1

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2010/C 270/01

| Date of adoption of the decision | 20.7.2010 |
| --- | --- |
| Reference number of State Aid | N 718/09 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Kleine velden |
| Legal basis | Wet van 26 november 2009 tot wijziging van de Mijnbouwwet in verband met het stimuleren van een actief gebruik van vergunningen voor opsporing, winning en opslag (Staatsblad 2009, 508), in het bijzonder artikel 68a, lid 1 alsmede de Toelichting (TK 2008-2009, 31479, nr. 6, blz. 7-10). |
| Type of measure | Aid scheme |
| Objective | Sectoral development |
| Form of aid | Tax base reduction |
| Budget | Overall budget: EUR 194 million |
| Intensity | 13 % |
| Duration (period) | 1.1.2010-31.12.2016 |
| Economic sectors | Mining and quarrying |
| Name and address of the granting authority | Ministerie van Economische Zaken |
| Postbus 20201 |
| 2500 EC Den Haag |
| NEDERLAND |

Date of adoption of the decision

20.7.2010

Reference number of State Aid

N 718/09

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Kleine velden

Legal basis

Wet van 26 november 2009 tot wijziging van de Mijnbouwwet in verband met het stimuleren van een actief gebruik van vergunningen voor opsporing, winning en opslag (Staatsblad 2009, 508), in het bijzonder artikel 68a, lid 1 alsmede de Toelichting (TK 2008-2009, 31479, nr. 6, blz. 7-10).

Type of measure

Aid scheme

Objective

Sectoral development

Form of aid

Tax base reduction

Budget

Overall budget: EUR 194 million

Intensity

13 %

Duration (period)

1.1.2010-31.12.2016

Economic sectors

Mining and quarrying

Name and address of the granting authority

Ministerie van Economische Zaken

Postbus 20201

2500 EC Den Haag

NEDERLAND

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 8.9.2010 |
| --- | --- |
| Reference number of State Aid | N 106/10 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | N 337/04 et N 378/04 — Financement par taxes affectées et dotations budgétaires des centres techniques industriels (CTI) et des Centres Professionnels de Développement Economique (CPDE) |
| Legal basis | Loi du 22 juillet 1948 (art L 342-1 et s du code de la recherche); Loi no 78-654 du 22 juin 1978 modifiée par les lois no 2004-804 du 9 août 2004 et no 2007-1544 du 29 octobre 2007; Loi no 2001-692 du 1er août 2001 |
| Type of measure | Aid scheme |
| Objective | Sectoral development, Research and development |
| Form of aid | Direct grant, Financing of the aid: Through parafiscal charges or taxes affected to a beneficiary |
| Budget | | Annual budget: EUR 181 million |

Date of adoption of the decision

8.9.2010

Reference number of State Aid

N 106/10

Member State

France

Region

—

Title (and/or name of the beneficiary)

N 337/04 et N 378/04 — Financement par taxes affectées et dotations budgétaires des centres techniques industriels (CTI) et des Centres Professionnels de Développement Economique (CPDE)

Legal basis

Loi du 22 juillet 1948 (art L 342-1 et s du code de la recherche); Loi no 78-654 du 22 juin 1978 modifiée par les lois no 2004-804 du 9 août 2004 et no 2007-1544 du 29 octobre 2007; Loi no 2001-692 du 1er août 2001

Type of measure

Aid scheme

Objective

Sectoral development, Research and development

Form of aid

Direct grant, Financing of the aid: Through parafiscal charges or taxes affected to a beneficiary

Budget

Annual budget: EUR 181 million

| | Overall budget: EUR 1 086 million |
| --- | --- |

Overall budget: EUR 1 086 million

Intensity

75 %

Duration (period)

1.1.2011-31.12.2016

Economic sectors

All sectors

Name and address of the granting authority

Ministère de l'Economie, de l'Industrie et de l'Emploi

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 18.8.2010 |
| --- | --- |
| Reference number of State Aid | N 184/10 |
| Member State | Latvia |
| Region | — |
| Title (and/or name of the beneficiary) | Pasākumi centralizētās siltumapgādes sistēmu efektivātes paaugstināšanai |
| Legal basis | Noteikumi par darbības programmas “Infrastruktūra un pakalpojumi” papildinājuma 3.5.2.1. aktivitātes “Pasākumi centralizētās siltumapgādes sistēmu efektivitātes paaugstināšanai” projektu iesniegumu atlases otro kārtu un turpmākajām kārtām |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: LVL 42,32 million |
| Intensity | 50 % |
| Duration (period) | until 31.12.2013 |
| Economic sectors | Energy |
| Name and address of the granting authority | Valsts aģentūra “Latvijas Investīciju un attīstības aģentūra” |
| Pērses iela 2 |
| Rīga, LV-1442 |
| LATVIJA |

Date of adoption of the decision

18.8.2010

Reference number of State Aid

N 184/10

Member State

Latvia

Region

—

Title (and/or name of the beneficiary)

Pasākumi centralizētās siltumapgādes sistēmu efektivātes paaugstināšanai

Legal basis

Noteikumi par darbības programmas “Infrastruktūra un pakalpojumi” papildinājuma 3.5.2.1. aktivitātes “Pasākumi centralizētās siltumapgādes sistēmu efektivitātes paaugstināšanai” projektu iesniegumu atlases otro kārtu un turpmākajām kārtām

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: LVL 42,32 million

Intensity

50 %

Duration (period)

until 31.12.2013

Economic sectors

Energy

Name and address of the granting authority

Valsts aģentūra “Latvijas Investīciju un attīstības aģentūra”

Pērses iela 2

Rīga, LV-1442

LATVIJA

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 23.8.2010 |
| --- | --- |
| Reference number of State Aid | N 321/10 |
| Member State | Slovenia |
| Region | — |
| Title (and/or name of the beneficiary) | Third prolongation of the liquidity scheme for the Slovenian financial sector |
| Legal basis | Zakon o spremembah in dopolnitvah Zakona o javnih financah. Uredba o merilih in pogojih za odobritev posojil po 81a členu Zakona o javnih financah. |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Soft loan |
| Budget | Overall budget: EUR 12 000 million |
| Intensity | — |
| Duration (period) | 8.2010-31.12.2010 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Ministrstvo za finance |
| Župančičeva ulica 3 |
| SI-1000 Ljubljana |
| SLOVENIJA |

Date of adoption of the decision

23.8.2010

Reference number of State Aid

N 321/10

Member State

Slovenia

Region

—

Title (and/or name of the beneficiary)

Third prolongation of the liquidity scheme for the Slovenian financial sector

Legal basis

Zakon o spremembah in dopolnitvah Zakona o javnih financah. Uredba o merilih in pogojih za odobritev posojil po 81a členu Zakona o javnih financah.

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Soft loan

Budget

Overall budget: EUR 12 000 million

Intensity

—

Duration (period)

8.2010-31.12.2010

Economic sectors

Financial intermediation

Name and address of the granting authority

Ministrstvo za finance

Župančičeva ulica 3

SI-1000 Ljubljana

SLOVENIJA

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

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| 6.10.2010 | EN | Official Journal of the European Union | C 270/4 |
| --- | --- | --- | --- |

6.10.2010

EN

Official Journal of the European Union

C 270/4

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance, except for products falling under Annex I to the Treaty)

2010/C 270/02

| Date of adoption of the decision | 14.10.2009 |
| --- | --- |
| Reference number of State Aid | N 44/09 |
| Member State | Ireland |
| Region | — |
| Title (and/or name of the beneficiary) | Special measures relating to dioxin contamination in Ireland |
| Legal basis | — | The Central Fund (Permanent Provisions) Act, 1965 |

Date of adoption of the decision

14.10.2009

Reference number of State Aid

N 44/09

Member State

Ireland

Region

—

Title (and/or name of the beneficiary)

Special measures relating to dioxin contamination in Ireland

Legal basis

—

The Central Fund (Permanent Provisions) Act, 1965

| — | The Annual Appropriation Act |
| --- | --- |

—

The Annual Appropriation Act

Type of measure

Compensation to remedy the consequences of an exceptional occurrence (Article 87(2)(b) of the Treaty)

Objective

To remedy the losses borne by the Irish pigmeat and beef sectors due to the dioxin contamination incident

Form of aid

Direct grant and subsidised services

Budget

The estimated overall budget is EUR 170 million

Intensity

Up to 100 %

Duration (period)

Until 31.12.2009

Economic sectors

Agriculture

Name and address of the granting authority

| Department of Agriculture, Fisheries and Food |
| --- |
| Agriculture House |
| Kildare Street |
| Dublin 2 |
| IRELAND |

Department of Agriculture, Fisheries and Food

Agriculture House

Kildare Street

Dublin 2

IRELAND

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.10.2010 | EN | Official Journal of the European Union | C 270/5 |
| --- | --- | --- | --- |

6.10.2010

EN

Official Journal of the European Union

C 270/5

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Euro exchange rates (1)

5 October 2010

2010/C 270/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3780 |
| JPY | Japanese yen | 114,80 |
| DKK | Danish krone | 7,4549 |
| GBP | Pound sterling | 0,86670 |
| SEK | Swedish krona | 9,2626 |
| CHF | Swiss franc | 1,3348 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0410 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,498 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 272,73 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7092 |
| PLN | Polish zloty | 3,9708 |
| RON | Romanian leu | 4,2780 |
| TRY | Turkish lira | 1,9889 |
| AUD | Australian dollar | 1,4338 |
| CAD | Canadian dollar | 1,4070 |
| HKD | Hong Kong dollar | 10,6886 |
| NZD | New Zealand dollar | 1,8515 |
| SGD | Singapore dollar | 1,8083 |
| KRW | South Korean won | 1 557,45 |
| ZAR | South African rand | 9,5759 |
| CNY | Chinese yuan renminbi | 9,2205 |
| HRK | Croatian kuna | 7,3048 |
| IDR | Indonesian rupiah | 12 310,68 |
| MYR | Malaysian ringgit | 4,2670 |
| PHP | Philippine peso | 60,270 |
| RUB | Russian rouble | 41,6400 |
| THB | Thai baht | 41,533 |
| BRL | Brazilian real | 2,3340 |
| MXN | Mexican peso | 17,2951 |
| INR | Indian rupee | 61,5550 |

Currency

Exchange rate

USD

US dollar

1,3780

JPY

Japanese yen

114,80

DKK

Danish krone

7,4549

GBP

Pound sterling

0,86670

SEK

Swedish krona

9,2626

CHF

Swiss franc

1,3348

ISK

Iceland króna

NOK

Norwegian krone

8,0410

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,498

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

272,73

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7092

PLN

Polish zloty

3,9708

RON

Romanian leu

4,2780

TRY

Turkish lira

1,9889

AUD

Australian dollar

1,4338

CAD

Canadian dollar

1,4070

HKD

Hong Kong dollar

10,6886

NZD

New Zealand dollar

1,8515

SGD

Singapore dollar

1,8083

KRW

South Korean won

1 557,45

ZAR

South African rand

9,5759

CNY

Chinese yuan renminbi

9,2205

HRK

Croatian kuna

7,3048

IDR

Indonesian rupiah

12 310,68

MYR

Malaysian ringgit

4,2670

PHP

Philippine peso

60,270

RUB

Russian rouble

41,6400

THB

Thai baht

41,533

BRL

Brazilian real

2,3340

MXN

Mexican peso

17,2951

INR

Indian rupee

61,5550

---

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

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| 6.10.2010 | EN | Official Journal of the European Union | C 270/6 |
| --- | --- | --- | --- |

6.10.2010

EN

Official Journal of the European Union

C 270/6

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New national side of euro coins intended for circulation

2010/C 270/04

Image

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

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

Issuing country: Greece

Subject of commemoration: The 2 500th anniversary of the Battle of Marathon

Description of the design: The inner part of the coin shows a synthesis of a shield and a runner/warrior symbolising the battle for freedom and the noble ideals derived from the battle of Marathon. The bird on the shield symbolises the birth of western civilization at his present form. Around the image it is written in Greek ‘ΜΑΡΑΘΩΝΑΣ/2500 ΧΡΟΝΙΑ/490 Π.Χ./2010 Μ.Χ.’ and the issuing country ‘ΕΛΛΗΝΙΚΗ ΔΗΜΟΚΡΑΤΙΑ’.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: 2,5 million

Date of issue: October 2010

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national sides of all the coins issued in 2002.

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 6.10.2010 | EN | Official Journal of the European Union | C 270/7 |
| --- | --- | --- | --- |

6.10.2010

EN

Official Journal of the European Union

C 270/7

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

2010/C 270/05

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of trichloroisocyanuric acid originating in the People's Republic of China (‘country concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 6 July 2010 by the European Chemical Industry Council (‘CEFIC’) (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 25 % of the Union production of trichloroisocyanuric acid.

2.   Product

The product under review is trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN), originating in the People's Republic of China (‘the product concerned’), currently falling within CN codes ex 2933 69 80 (TARIC code 2933698070) and ex 3808 94 20 (TARIC code 3808942020).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1631/2005 (3).

4.   Grounds for the review

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

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

On this basis, the dumping margins calculated are significant.

The applicant further alleges the likelihood of recurrence of injurious dumping. In this respect, the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity in the country concerned.

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

5.   Procedure

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

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

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

(a)   Sampling

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

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

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

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

—

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

| — | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 July 2009 to 30 June 2010 for each of the 27 Member States separately and in total (4), |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 July 2009 to 30 June 2010 for each of the 27 Member States separately and in total (4),

| — | the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 July 2009 to 30 June 2010, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 July 2009 to 30 June 2010,

| — | the turnover in local currency and the volume in tonnes for the product concerned sold to other third countries during the period 1 July 2009 to 30 June 2010, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes for the product concerned sold to other third countries during the period 1 July 2009 to 30 June 2010,

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

—

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

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

—

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

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

—

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

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

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

(ii)   Sampling for importers

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

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

—

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

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

—

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

| — | the volume in tonnes and value in EUR of imports into and resales made on the Union market during the period 1 July 2009 to 30 June 2010 of the imported product concerned originating in the People's Republic of China, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made on the Union market during the period 1 July 2009 to 30 June 2010 of the imported product concerned originating in the People's Republic of China,

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

—

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

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

—

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

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated 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)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

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

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

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

5.2.   
  Procedure for the assessment of Union interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

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

(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 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

(i)   The information specified in points 5.1(a)(i) and 5.1(a)(ii) 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 samples as referred to in 5.1(a)(iii) 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, unless otherwise specified.

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

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (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 04/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

8.   Non-cooperation

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

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favorable 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 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 Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of the Directorate-General for Trade (http://ec.europa.eu/trade).

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(1)  OJ C 104, 23.4.2010, p. 15.

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

(3)  OJ L 261, 7.10.2005, p. 1.

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

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

(6)  See footnote 5.

(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 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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