# Official Journal C 357/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 357 |
| | |
| English edition | Information and Notices | Volume 5829 October 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 357

English edition

Information and Notices

Volume 5829 October 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 357/01 | Euro exchange rates | 1 |
| 2015/C 357/02 | New national side of euro coins intended for circulation | 2 |
| 2015/C 357/03 | New national side of euro coins intended for circulation | 3 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 357/01

Euro exchange rates

1

2015/C 357/02

New national side of euro coins intended for circulation

2

2015/C 357/03

New national side of euro coins intended for circulation

3

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2015/C 357/04 | Action brought on 16 July 2015 by the EFTA Surveillance Authority against Iceland (Case E-18/15) | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2015/C 357/05 | Notice of initiation of an anti-dumping proceeding concerning imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People's Republic of China and Taiwan | 5 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 357/06 | Prior notification of a concentration (Case M.7787 — Panasonic Healthcare/Bayer’s Diabetes Care Business) (
  1
  ) | 16 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2015/C 357/04

Action brought on 16 July 2015 by the EFTA Surveillance Authority against Iceland (Case E-18/15)

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2015/C 357/05

Notice of initiation of an anti-dumping proceeding concerning imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People's Republic of China and Taiwan

5

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 357/06

Prior notification of a concentration (Case M.7787 — Panasonic Healthcare/Bayer’s Diabetes Care Business) (
  1
  )

1

16

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 29.10.2015 | EN | Official Journal of the European Union | C 357/1 |
| --- | --- | --- | --- |

29.10.2015

EN

Official Journal of the European Union

C 357/1

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Euro exchange rates (1)

28 October 2015

(2015/C 357/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1085 |
| JPY | Japanese yen | 133,38 |
| DKK | Danish krone | 7,4599 |
| GBP | Pound sterling | 0,72480 |
| SEK | Swedish krona | 9,3358 |
| CHF | Swiss franc | 1,0899 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,4200 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,134 |
| HUF | Hungarian forint | 311,78 |
| PLN | Polish zloty | 4,2936 |
| RON | Romanian leu | 4,4330 |
| TRY | Turkish lira | 3,2047 |
| AUD | Australian dollar | 1,5539 |
| CAD | Canadian dollar | 1,4643 |
| HKD | Hong Kong dollar | 8,5909 |
| NZD | New Zealand dollar | 1,6505 |
| SGD | Singapore dollar | 1,5448 |
| KRW | South Korean won | 1 254,80 |
| ZAR | South African rand | 15,0531 |
| CNY | Chinese yuan renminbi | 7,0484 |
| HRK | Croatian kuna | 7,6125 |
| IDR | Indonesian rupiah | 15 003,98 |
| MYR | Malaysian ringgit | 4,7338 |
| PHP | Philippine peso | 51,898 |
| RUB | Russian rouble | 71,2750 |
| THB | Thai baht | 39,318 |
| BRL | Brazilian real | 4,3062 |
| MXN | Mexican peso | 18,3058 |
| INR | Indian rupee | 72,0535 |

Currency

Exchange rate

USD

US dollar

1,1085

JPY

Japanese yen

133,38

DKK

Danish krone

7,4599

GBP

Pound sterling

0,72480

SEK

Swedish krona

9,3358

CHF

Swiss franc

1,0899

ISK

Iceland króna

NOK

Norwegian krone

9,4200

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,134

HUF

Hungarian forint

311,78

PLN

Polish zloty

4,2936

RON

Romanian leu

4,4330

TRY

Turkish lira

3,2047

AUD

Australian dollar

1,5539

CAD

Canadian dollar

1,4643

HKD

Hong Kong dollar

8,5909

NZD

New Zealand dollar

1,6505

SGD

Singapore dollar

1,5448

KRW

South Korean won

1 254,80

ZAR

South African rand

15,0531

CNY

Chinese yuan renminbi

7,0484

HRK

Croatian kuna

7,6125

IDR

Indonesian rupiah

15 003,98

MYR

Malaysian ringgit

4,7338

PHP

Philippine peso

51,898

RUB

Russian rouble

71,2750

THB

Thai baht

39,318

BRL

Brazilian real

4,3062

MXN

Mexican peso

18,3058

INR

Indian rupee

72,0535

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

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| 29.10.2015 | EN | Official Journal of the European Union | C 357/2 |
| --- | --- | --- | --- |

29.10.2015

EN

Official Journal of the European Union

C 357/2

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New national side of euro coins intended for circulation

(2015/C 357/02)

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

Issuing country
  : Monaco

Subject of commemoration
  : 800th anniversary of the construction of the first Castle on the rock

Description of the design
  : The design shows a tower on the top of the rock. At the top the name of the issuing country ‘MONACO’ flanked by the Paris mint mark and the mint master mark. At the bottom, the inscription ‘FONDATION DE LA FORTERESSE’ (Foundation of the fortress), flanked by the years ‘1215’ and ‘2015’.

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

Number of coins to be issued
  :

Date of issue
  :

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces 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).

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| 29.10.2015 | EN | Official Journal of the European Union | C 357/3 |
| --- | --- | --- | --- |

29.10.2015

EN

Official Journal of the European Union

C 357/3

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New national side of euro coins intended for circulation

(2015/C 357/03)

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

Issuing country
  : Lithuania

Subject of commemoration
  : The Lithuanian language

Description of the design
  : The design shows the word ‘AČIŪ’(THANK YOU) — one of the most beautiful words in the Lithuanian language. An original Lithuanian font — created specially on the basis of the Latin font for the occasion of the centenary of the restoration of Lithuanian press — in order to match better the combinations of letters used most in the Lithuanian language, is used in the project. All the letters of the Lithuanian language are depicted on the background of the word ‘AČIŪ’, laid out in a tag cloud. At the bottom is the name of the issuing country ‘LIETUVA’ and underneath the name is the year ‘2015’. At the bottom right, under the word ‘AČIŪ’ is the mint mark of the Lithuanian Mint.

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

Number of coins to be issued
  :

Date of issue
  : December 2015

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces 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).

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 29.10.2015 | EN | Official Journal of the European Union | C 357/4 |
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29.10.2015

EN

Official Journal of the European Union

C 357/4

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Action brought on 16 July 2015 by the EFTA Surveillance Authority against Iceland

(Case E-18/15)

(2015/C 357/04)

An action against Iceland was brought before the EFTA Court on 16 July 2015 by the EFTA Surveillance Authority, represented by Øyvind Bø and Marlene Lie Hakkebo, acting as Agents of the EFTA Surveillance Authority, Rue Belliard 35, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | Declare that by failing to adopt the measures necessary to implement the Act referred to at point 56 l of Chapter V of Annex XIII to the Agreement on the European Economic Area (Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under Article 14 of the Act and under Article 7 of the Agreement. |
| --- | --- |

1.

Declare that by failing to adopt the measures necessary to implement the Act referred to at point 56 l of Chapter V of Annex XIII to the Agreement on the European Economic Area (Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under Article 14 of the Act and under Article 7 of the Agreement.

| 2. | Order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

Order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The application addresses the failure by Iceland to comply, no later than on 18 February 2015, with a reasoned opinion delivered by the EFTA Surveillance Authority on 18 December 2014 regarding that State’s failure to implement into its national legal order (Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC), as referred to at point 56 l of Chapter V of Annex XIII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’). |
| --- | --- |

—

The application addresses the failure by Iceland to comply, no later than on 18 February 2015, with a reasoned opinion delivered by the EFTA Surveillance Authority on 18 December 2014 regarding that State’s failure to implement into its national legal order (Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC), as referred to at point 56 l of Chapter V of Annex XIII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).

| — | The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 14 of the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed. |
| --- | --- |

—

The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 14 of the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 29.10.2015 | EN | Official Journal of the European Union | C 357/5 |
| --- | --- | --- | --- |

29.10.2015

EN

Official Journal of the European Union

C 357/5

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Notice of initiation of an anti-dumping proceeding concerning imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People's Republic of China and Taiwan

(2015/C 357/05)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People's Republic of China and Taiwan, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 14 September 2015 by the Defence Committee of the Stainless Steel Butt-welding Fittings Industry of the European Union (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of certain stainless steel tube and pipe butt-welding fittings, whether or not finished.

2.   Product under investigation

The product subject to this investigation is tube and pipe butt-welding fittings, of austenitic stainless steel grades used for corrosion-resistant applications, corresponding to (according to AISI A269) WP 304, 304L, 316, 316L, 316Ti, 321 and 321H and their equivalent in the other norms, with a greatest external diameter not exceeding 406,4 mm and a wall thickness of 16 mm or less, whether or not finished (‘the product under investigation’).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People's Republic of China and Taiwan (‘the countries concerned’), currently falling within CN codes ex 7307 23 10 and ex 7307 23 90. These CN codes are given for information only.

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

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China is considered to be a non-market economy country, the complainant has established a normal value for the imports from the People's Republic of China on the basis of the price in a market economy third country, namely the United States of America. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

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

4.   Allegation of injury and causation

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

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

5.   Procedure

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

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

5.1.   
  Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 October 2014 to 30 September 2015 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2012 to the end of the investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of dumping

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

5.2.1.   Investigating exporting producers

5.2.1.1.   Procedure for selecting exporting producers to be investigated in the countries concerned

(a)   Sampling

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

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

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the countries concerned and may contact any known associations of exporting producers.

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

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

In order to obtain information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers, and to the authorities of the countries concerned.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to Section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (3).

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

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the People's Republic of China who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in Section 5.2.2.2 below.

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

5.2.2.   Additional procedure with regard to exporting producers in the non-market economy country concerned

5.2.2.1.   Selection of a market economy third country

Subject to the provisions of Section 5.2.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People's Republic of China, normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The complainant has proposed the United States of America as analogue country. The Commission notes that Taiwan, on the basis of Article 2(7)(a) last sentence may be used as analogue country. According to the information available to the Commission, other market economy suppliers of the Union are, inter alia, Brazil, India, Malaysia, South Korea, Switzerland and Thailand. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place. Interested parties are hereby invited to comment on the choice of the analogue country within 10 days of the date of publication of this Notice in the Official Journal of the European Union.

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

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the People's Republic of China, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (4) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

The Commission will send MET claim forms to all the exporting producers in the People's Republic of China selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the People's Republic of China. The Commission will assess only MET claim forms submitted by the exporting producers in the People's Republic of China selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.

All exporting producers claiming MET must submit a completed MET claim form within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

5.2.3.   Investigating unrelated importers
   (5)
   (6)

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

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

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

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

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

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

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

5.3.   
  Procedure for the determination of injury and investigating Union producers

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

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.7 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

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

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

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

5.4.   
  Procedure for the assessment of Union interest

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

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

5.5.   
  Other written submissions

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

5.6.   
  Possibility to be heard by the Commission investigation services

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

5.7.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).

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

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

Commission address for correspondence:

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

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail

:

TRADE-SSBWF-DUMPING@ec.europa.eu

TRADE-SSBWF-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

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

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

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

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

8.   Schedule of the investigation

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

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

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

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

(3)  Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.

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

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

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

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

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

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ANNEX I

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ANNEX II

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 29.10.2015 | EN | Official Journal of the European Union | C 357/16 |
| --- | --- | --- | --- |

29.10.2015

EN

Official Journal of the European Union

C 357/16

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Prior notification of a concentration

(Case M.7787 — Panasonic Healthcare/Bayer’s Diabetes Care Business)

(Text with EEA relevance)

(2015/C 357/06)

| 1. | On 22 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Panasonic Healthcare Holding Co., Ltd (‘PHCHD’, Japan), holding company of Panasonic Healthcare (‘PHC’), indirectly controlled by private equity funds managed by affiliates of KKR & Co. LP (‘KKR’, United States), acquires within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of Bayer AG’s diabetes care business (‘BDC’, Germany) by way of purchase of shares and assets. |
| --- | --- |

1.

On 22 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Panasonic Healthcare Holding Co., Ltd (‘PHCHD’, Japan), holding company of Panasonic Healthcare (‘PHC’), indirectly controlled by private equity funds managed by affiliates of KKR & Co. LP (‘KKR’, United States), acquires within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of Bayer AG’s diabetes care business (‘BDC’, Germany) by way of purchase of shares and assets.

| 2. | The business activities of the undertakings concerned are:
  —   for KKR: global alternative asset manager and provider of financial advisory services,
  —   for PHCHD: holding company,
  —   for PHC: development, manufacture and sale of in vitro diagnostic devices and life science devices and services,
  —   for BDC: distribution of blood glucose monitoring systems. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for KKR: global alternative asset manager and provider of financial advisory services,

—   for PHCHD: holding company,

—   for PHC: development, manufacture and sale of in vitro diagnostic devices and life science devices and services,

—   for BDC: distribution of blood glucose monitoring systems.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.7787 — Panasonic Healthcare/Bayer’s Diabetes Care Business, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.7787 — Panasonic Healthcare/Bayer’s Diabetes Care Business, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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