# Official Journal C 124/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.124.eng |
| --- | --- |
| Official Journal
  of the European Union | C 124 |
| | |
| English edition | Information and Notices | Volume 5630 April 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.124.eng

Official Journal

of the European Union

C 124

English edition

Information and Notices

Volume 5630 April 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 124/01 | Initiation of proceedings (Case COMP/M.6796 — Aegean/Olympic II) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 124/01

Initiation of proceedings (Case COMP/M.6796 — Aegean/Olympic II) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 124/02 | Euro exchange rates | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 124/02

Euro exchange rates

2

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2013/C 124/03 | Hercule II — Call for proposals 2013 — Training part | 3 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2013/C 124/04 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not | 7 |
| 2013/C 124/05 | Notice of initiation of a partial interim review of the anti-subsidy measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not | 10 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 124/06 | Prior notification of a concentration (Case COMP/M.6896 — SPAR/Allianz/JV) — Candidate case for simplified procedure (
  1
  ) | 13 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2013/C 124/03

Hercule II — Call for proposals 2013 — Training part

3

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2013/C 124/04

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not

7

2013/C 124/05

Notice of initiation of a partial interim review of the anti-subsidy measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not

10

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 124/06

Prior notification of a concentration (Case COMP/M.6896 — SPAR/Allianz/JV) — Candidate case for simplified procedure (
  1
  )

1

13

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 30.4.2013 | EN | Official Journal of the European Union | C 124/1 |
| --- | --- | --- | --- |

30.4.2013

EN

Official Journal of the European Union

C 124/1

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Initiation of proceedings

(Case COMP/M.6796 — Aegean/Olympic II)

(Text with EEA relevance)

2013/C 124/01

On 23 April 2013, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.

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

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 22967244) or by post, under reference COMP/M.6796 — Aegean/Olympic II, to the following address:

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

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 30.4.2013 | EN | Official Journal of the European Union | C 124/2 |
| --- | --- | --- | --- |

30.4.2013

EN

Official Journal of the European Union

C 124/2

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Euro exchange rates (1)

29 April 2013

2013/C 124/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3113 |
| JPY | Japanese yen | 128,27 |
| DKK | Danish krone | 7,4564 |
| GBP | Pound sterling | 0,84400 |
| SEK | Swedish krona | 8,5503 |
| CHF | Swiss franc | 1,2279 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,6090 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,697 |
| HUF | Hungarian forint | 298,15 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7000 |
| PLN | Polish zloty | 4,1309 |
| RON | Romanian leu | 4,3225 |
| TRY | Turkish lira | 2,3521 |
| AUD | Australian dollar | 1,2671 |
| CAD | Canadian dollar | 1,3293 |
| HKD | Hong Kong dollar | 10,1777 |
| NZD | New Zealand dollar | 1,5322 |
| SGD | Singapore dollar | 1,6176 |
| KRW | South Korean won | 1 450,39 |
| ZAR | South African rand | 11,7470 |
| CNY | Chinese yuan renminbi | 8,0842 |
| HRK | Croatian kuna | 7,5970 |
| IDR | Indonesian rupiah | 12 743,73 |
| MYR | Malaysian ringgit | 3,9766 |
| PHP | Philippine peso | 53,950 |
| RUB | Russian rouble | 40,5915 |
| THB | Thai baht | 38,382 |
| BRL | Brazilian real | 2,6112 |
| MXN | Mexican peso | 15,8514 |
| INR | Indian rupee | 71,0370 |

Currency

Exchange rate

USD

US dollar

1,3113

JPY

Japanese yen

128,27

DKK

Danish krone

7,4564

GBP

Pound sterling

0,84400

SEK

Swedish krona

8,5503

CHF

Swiss franc

1,2279

ISK

Iceland króna

NOK

Norwegian krone

7,6090

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,697

HUF

Hungarian forint

298,15

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7000

PLN

Polish zloty

4,1309

RON

Romanian leu

4,3225

TRY

Turkish lira

2,3521

AUD

Australian dollar

1,2671

CAD

Canadian dollar

1,3293

HKD

Hong Kong dollar

10,1777

NZD

New Zealand dollar

1,5322

SGD

Singapore dollar

1,6176

KRW

South Korean won

1 450,39

ZAR

South African rand

11,7470

CNY

Chinese yuan renminbi

8,0842

HRK

Croatian kuna

7,5970

IDR

Indonesian rupiah

12 743,73

MYR

Malaysian ringgit

3,9766

PHP

Philippine peso

53,950

RUB

Russian rouble

40,5915

THB

Thai baht

38,382

BRL

Brazilian real

2,6112

MXN

Mexican peso

15,8514

INR

Indian rupee

71,0370

---

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

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 30.4.2013 | EN | Official Journal of the European Union | C 124/3 |
| --- | --- | --- | --- |

30.4.2013

EN

Official Journal of the European Union

C 124/3

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HERCULE II

Call for proposals 2013 — Training part

2013/C 124/03

1.   Objectives and description

This notice of call for proposals is based on Decision No 878/2007/EC of the European Parliament and of the Council of 23 July 2007 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme) (1).

This call relates to the activities under Article 1(a)(b) of the Hercule II Decision, which consists of the organisation of training, seminars and conferences to support the fight against fraud, corruption and other illegal activities as well as the development and implementation of fraud prevention and detection policies.

The Hercule II annual work programme for 2013 which combines the priorities as well as the resources available for 2013 was adopted on 7 February 2013 (2).

2.   Eligible applicants

Proposals eligible for funding can be submitted by the following applicants:

| — | all national or regional administrations of a Member State, an acceding country or a candidate country which promote the strengthening of the EU's actions in the field of the protection of the EU's financial interests, |
| --- | --- |

—

all national or regional administrations of a Member State, an acceding country or a candidate country which promote the strengthening of the EU's actions in the field of the protection of the EU's financial interests,

| — | all research and education institutes that have had legal personality for at least 1 year and are established and operating in a Member State or in a country outside the Union that promote the strengthening of the EU's action in protecting its financial interests, |
| --- | --- |

—

all research and education institutes that have had legal personality for at least 1 year and are established and operating in a Member State or in a country outside the Union that promote the strengthening of the EU's action in protecting its financial interests,

| — | all non-profit-making bodies that have had legal personality for at least 1 year and are legally established in a Member State or a country outside the Union that promote the strengthening of EU action to protect the EU's financial interests. |
| --- | --- |

—

all non-profit-making bodies that have had legal personality for at least 1 year and are legally established in a Member State or a country outside the Union that promote the strengthening of EU action to protect the EU's financial interests.

Applicants from countries outside the European Union must reside in:

| 1. | acceding states; |
| --- | --- |

1.

acceding states;

| 2. | EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement; |
| --- | --- |

2.

EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;

| 3. | candidate countries associated with the European Union on the basis of the conditions stipulated in the association agreements or their additional protocols on participation in European Union programmes concluded or to be concluded with those countries. |
| --- | --- |

3.

candidate countries associated with the European Union on the basis of the conditions stipulated in the association agreements or their additional protocols on participation in European Union programmes concluded or to be concluded with those countries.

3.   Eligible dates

Applications must fulfil the following criteria:

| — | being sent (dispatched) no later than Wednesday 29 May 2013, |
| --- | --- |

—

being sent (dispatched) no later than Wednesday 29 May 2013,

| — | submitted in writing, using the official application form (without alterations) published on the OLAF website and including all supporting documents requested (see check list below), |
| --- | --- |

—

submitted in writing, using the official application form (without alterations) published on the OLAF website and including all supporting documents requested (see check list below),

| — | drawn up in one of the official languages of the European Union. |
| --- | --- |

—

drawn up in one of the official languages of the European Union.

Failure to comply with those formal requirements will lead to the rejection of the application.

These activities must relate to a project starting on or after 27 September 2013 at the earliest, and finishing on or before 31 August 2014 at the latest.

4.   Eligible actions

The organisation of training activities with the aim to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice:

| — | training in the form of conferences, seminars, colloquia, meetings, symposia, e-learning, round tables and staff exchanges, |
| --- | --- |

—

training in the form of conferences, seminars, colloquia, meetings, symposia, e-learning, round tables and staff exchanges,

| — | exchanges of best practices (including on fraud risk assessment). |
| --- | --- |

—

exchanges of best practices (including on fraud risk assessment).

The activities are eligible for funding up to 80 % of the eligible costs.

5.   Award criteria

Only projects which have satisfied the requirements of the eligibility, exclusion and selection criteria will be considered for further evaluation by the evaluation committee on the basis of the award criteria.

In the evaluation of a project for which EU funding is requested, special attention will be paid to the clarity and precision of the budget estimate submitted, the transnational character of the activity and the level of detail of the programme.

Grants will be awarded from the available budget, in order of priority and on the basis of the following award criteria:

| — | consistency of the proposed activity with the objectives of the Hercule II programme, |
| --- | --- |

—

consistency of the proposed activity with the objectives of the Hercule II programme,

| — | transnational character and European Union added value, |
| --- | --- |

—

transnational character and European Union added value,

| — | degree of preparation and organisation of the project, and the clarity and precision of its objectives, design (including timetable) and planning, |
| --- | --- |

—

degree of preparation and organisation of the project, and the clarity and precision of its objectives, design (including timetable) and planning,

| — | proportionality between the proposed activity's costs and benefits, |
| --- | --- |

—

proportionality between the proposed activity's costs and benefits,

| — | feasibility of the proposed activity, i.e. the practical prospects of carrying it out using the proposed resources, |
| --- | --- |

—

feasibility of the proposed activity, i.e. the practical prospects of carrying it out using the proposed resources,

| — | cost-effectiveness: the project's costs should be consistent with its objectives — its cross-sector and cross-border aspects will be taken into consideration, |
| --- | --- |

—

cost-effectiveness: the project's costs should be consistent with its objectives — its cross-sector and cross-border aspects will be taken into consideration,

| — | complementarity between the proposed activity and the other activities for which grants are awarded, |
| --- | --- |

—

complementarity between the proposed activity and the other activities for which grants are awarded,

| — | compatibility with the work carried out or planned in connection with the European Union's policy priorities for preventing fraud against the EU budget (especially the fight against corruption, enlargement of the Union), |
| --- | --- |

—

compatibility with the work carried out or planned in connection with the European Union's policy priorities for preventing fraud against the EU budget (especially the fight against corruption, enlargement of the Union),

| — | possibility that the results can be used (e.g. through targeted distribution) to enhance cooperation and effectiveness in the field of fraud prevention. |
| --- | --- |

—

possibility that the results can be used (e.g. through targeted distribution) to enhance cooperation and effectiveness in the field of fraud prevention.

If several projects have equal merit in the light of the above award criteria, OLAF will:

| — | endeavour to ensure a fair geographical distribution of all the projects, |
| --- | --- |

—

endeavour to ensure a fair geographical distribution of all the projects,

| — | give priority to applicants who have not already received a grant from OLAF in previous years for a similar measure (subject, target audience), |
| --- | --- |

—

give priority to applicants who have not already received a grant from OLAF in previous years for a similar measure (subject, target audience),

| — | give priority to measures relating to the various sectors of investigation most frequently covered by OLAF's investigations (Structural Funds, direct expenditure, external aid, customs and agriculture) |
| --- | --- |

—

give priority to measures relating to the various sectors of investigation most frequently covered by OLAF's investigations (Structural Funds, direct expenditure, external aid, customs and agriculture)

6.   Budget

A budget of EUR 1 000 000 is available for the proposals submitted in 2013.

The contribution will take the form of a grant.

The Commission reserves the right not to allocate all the funds available.

7.   Further information

The website http://ec.europa.eu/anti_fraud/about-us/funding/training/index_en.htm includes all necessary details (types of activities supported, targeted beneficiaries, budget, documents).

Question and/or requests for additional information in relation to this call have to be sent by e-mail to: Olaf-anti-fraud-training@ec.europa.eu

8.   Deadline for submission of applications

Two copies of the grant application form and of all requisite documents must be sent by post (registered mail) (date of postmark serving as evidence of timely delivery) or by courier services (date of deposit slip serving as evidence of timely delivery) to the following address on or before the deadline (29 May 2013):

By post or courier services (two copies):

HERCULE II — Training — Call for proposals 2013

| European Anti-Fraud Office (OLAF) |
| --- |
| Unit D.5 — Hercule, Pericles and Euro Protection |
| Office JII 30 — 09/41 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Anti-Fraud Office (OLAF)

Unit D.5 — Hercule, Pericles and Euro Protection

Office JII 30 — 09/41

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Or delivered by hand (two copies), in person or by an authorised representative (date of acknowledgement of receipt by the Commission serving as evidence of timely delivery) to the following address:

| Main entrance of the building of the European Commission's Central Mail Department |
| --- |
| Avenue du Bourget/Bourgetlaan 1 |
| 1140 Bruxelles/Brussel (Evere) |
| BELGIQUE/BELGIË |
| http://ec.europa.eu/oib/buildings_en.cfm |

Main entrance of the building of the European Commission's Central Mail Department

Avenue du Bourget/Bourgetlaan 1

1140 Bruxelles/Brussel (Evere)

BELGIQUE/BELGIË

http://ec.europa.eu/oib/buildings_en.cfm

This service is open from 08.00 to 17.00 from Monday to Thursday and from 08.00 to 16.00 on Friday; it is closed on Saturday, Sunday and Commission Holidays.

With the following message:

HERCULE II — Training — Call for proposals 2013

| European Commission — OLAF |
| --- |
| Unit D.5 — Hercule, Pericles and Euro Protection |
| Office JII 30 — 09/41 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission — OLAF

Unit D.5 — Hercule, Pericles and Euro Protection

Office JII 30 — 09/41

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

One grant application form (Word format), and one budget form (Excel format), in original format (no PDF), and all requisite documents must also be sent by electronic mail, in zipformat, to the following address on or before 29 May 2013.

Olaf-anti-fraud-training@ec.europa.eu

Please note that incomplete and unsigned forms and applications submitted after the closing date will not be taken into consideration for evaluation. Applicants are advised to keep proof that they sent their applications by post before the deadline.

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(1)  OJ L 193, 25.7.2007, p. 18.

(2)  C(2013) 612 final of 7 February 2013.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 30.4.2013 | EN | Official Journal of the European Union | C 124/7 |
| --- | --- | --- | --- |

30.4.2013

EN

Official Journal of the European Union

C 124/7

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not

2013/C 124/04

The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Articles 11(3) and 13(4) 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’).

1.   Request for review

The request for review was lodged by Ocean Nutrition Canada (‘the applicant’), an exporting producer from Canada (‘the country concerned’).

The review is limited in scope to the examination of the possibility of granting an exemption from the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, as far as the applicant is concerned.

2.   Product under review

The product subject to this review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 97, ex 3826 00 10 and ex 3826 00 90.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 (2) on imports of biodiesel originating in the United States of America as extended to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, by Council Implementing Regulation (EU) No 444/2011 (3).

4.   Grounds for the review

The request pursuant to Articles 11(3) and 13(4) is based on prima facie evidence, provided by the applicant, demonstrating that the applicant is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the existing measures.

Furthermore, the applicant alleges that it is not related to exporting producers subject to measures, and that it has not circumvented the measures applicable to biodiesel of US origin.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review limited to the examination of the possibility of granting an exemption, as far as the applicant is concerned, from the anti-dumping measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Commission hereby initiates a review in accordance with Articles 11(3) and 13(4) of the basic Regulation.

5.1.   
  Investigating exporting producer

In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant as an exporting producer. 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, unless otherwise specified.

5.2.   
  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.

5.3.   
  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 must be made in writing and must 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.

5.4.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (4).

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 must 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 required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission in compliance with Article 18(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 08/020 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22985746 |
| E-mail: TRADE-BIODIESEL-OCEAN@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22985746

E-mail: TRADE-BIODIESEL-OCEAN@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, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

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

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

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the possibility of granting the exemption to the applicant.

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/tackling-unfair-trade/hearing-officer/index_en.htm

8.   Schedule of the investigation

The investigation will be concluded, pursuant 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.

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 (5).

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

(2)  OJ L 179, 10.7.2009, p. 26.

(3)  OJ L 122, 11.5.2011, p. 12.

(4)  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).

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

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| 30.4.2013 | EN | Official Journal of the European Union | C 124/10 |
| --- | --- | --- | --- |

30.4.2013

EN

Official Journal of the European Union

C 124/10

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Notice of initiation of a partial interim review of the anti-subsidy measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not

2013/C 124/05

The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Article 19 and Article 23(6) of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’).

1.   Request for review

The request for review was lodged by Ocean Nutrition Canada (‘the applicant’), an exporting producer from Canada (‘the country concerned’).

The review is limited in scope to the examination of the possibility of granting an exemption from the anti-subsidy measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, as far as the applicant is concerned.

2.   Product under review

The product subject to this review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (‘the product under review’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 97, ex 3826 00 10 and ex 3826 00 90.

3.   Existing measures

The measures currently in force are a definitive anti-subsidy duty imposed by Regulation (EC) No 598/2009 (2) on imports of biodiesel originating in the United States of America as extended to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, by Council Implementing Regulation (EU) No 443/2011 (3).

4.   Grounds for the review

The request pursuant to Article 19 and Article 23(6) is based on prima facie evidence, provided by the applicant, demonstrating that the applicant is a genuine producer of the product under review able to produce the entire quantity that it has shipped to the Union since the start of the investigation period of the anti-circumvention investigation leading to the imposition of the existing measures.

Furthermore, the applicant alleges that it is not related to exporting producers subject to measures, and that it has not circumvented the measures applicable to biodiesel of US origin.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review limited to the examination of the possibility of granting an exemption, as far as the applicant is concerned, from the anti-subsidy measures applicable to imports of biodiesel originating in the United States of America, as extended to imports consigned from Canada, whether declared as originating in Canada or not, the Commission hereby initiates a review in accordance with Article 19 and Article 23(6) of the basic Regulation.

5.1.   
  Investigating exporting producer

In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant as an exporting producer. 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, unless otherwise specified.

5.2.   
  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.

5.3.   
  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 must be made in writing and must 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.

5.4.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (4).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must 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 required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission in compliance with Article 28(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 08/020 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22985746 |
| E-mail: TRADE-BIODIESEL-OCEAN@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22985746

E-mail: TRADE-BIODIESEL-OCEAN@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, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 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 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the possibility of granting the exemption to the applicant.

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/tackling-unfair-trade/hearing-officer/index_en.htm

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 22(1) of the basic Regulation, within 15 months of the date of 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 (5).

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(1)  OJ L 188, 18.7.2009, p. 93.

(2)  OJ L 179, 10.7.2009, p. 1.

(3)  OJ L 122, 11.5.2011, p. 1.

(4)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. 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).

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

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 30.4.2013 | EN | Official Journal of the European Union | C 124/13 |
| --- | --- | --- | --- |

30.4.2013

EN

Official Journal of the European Union

C 124/13

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Prior notification of a concentration

(Case COMP/M.6896 — SPAR/Allianz/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 124/06

| 1. | On 22 April 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Allianz SE (‘Allianz’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a portfolio of five shopping centers (the target) by way of purchase of shares in two newly created joint ventures (NewCo Austria and NewCo Italy) with SPAR Holding AG (‘SPAR’, Austria), subsidiary of Holdag Beteiligungsgesellschaft mbH (‘Holdag’, Austria). SPAR will retain a 50 % shareholding and hence joint control over these five shopping centers. |
| --- | --- |

1.

On 22 April 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Allianz SE (‘Allianz’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a portfolio of five shopping centers (the target) by way of purchase of shares in two newly created joint ventures (NewCo Austria and NewCo Italy) with SPAR Holding AG (‘SPAR’, Austria), subsidiary of Holdag Beteiligungsgesellschaft mbH (‘Holdag’, Austria). SPAR will retain a 50 % shareholding and hence joint control over these five shopping centers.

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






  — | for SPAR: retail of food and sports goods, real-estate and shopping center activities in Austria and neighbouring countries, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for SPAR: retail of food and sports goods, real-estate and shopping center activities in Austria and neighbouring countries,

| — | for Allianz: insurance and other financial services, |
| --- | --- |

—

for Allianz: insurance and other financial services,

| — | for NewCo Austria: owning and operating of three shopping centers in Austria, namely Q19 (Vienna), Sillpark (Innsbruck), Atrio (Villach), |
| --- | --- |

—

for NewCo Austria: owning and operating of three shopping centers in Austria, namely Q19 (Vienna), Sillpark (Innsbruck), Atrio (Villach),

| — | for NewCo Italy: owning and operating of two shopping centers in Padua, Italy, namely Le Brentelle and Ipercity. |
| --- | --- |

—

for NewCo Italy: owning and operating of two shopping centers in Padua, Italy, namely Le Brentelle and Ipercity.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6896 — SPAR/Allianz/JV, 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6896 — SPAR/Allianz/JV, 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 ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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