# Official Journal C 310/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.310.eng |
| --- | --- |
| Official Journal
  of the European Union | C 310 |
| | |
| English edition | Information and Notices | Volume 5625 October 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.310.eng

Official Journal

of the European Union

C 310

English edition

Information and Notices

Volume 5625 October 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 310/01 | Non-opposition to a notified concentration (Case COMP/M.7039 — PGGM/GDF SUEZ/EBN/NOGAT) (
  1
  ) | 1 |
| 2013/C 310/02 | Initiation of proceedings (Case COMP/M.7009 — Holcim/Cemex West) (
  1
  ) | 2 |
| 2013/C 310/03 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 310/01

Non-opposition to a notified concentration (Case COMP/M.7039 — PGGM/GDF SUEZ/EBN/NOGAT) (
  1
  )

1

1

2013/C 310/02

Initiation of proceedings (Case COMP/M.7009 — Holcim/Cemex West) (
  1
  )

1

2

2013/C 310/03

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

1

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 310/04 | Euro exchange rates | 5 |
| 2013/C 310/05 | Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 November 2013(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1)) | 6 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 310/06 | Information communicated by Member States regarding closure of fisheries | 7 |
| 2013/C 310/07 | Information communicated by Member States regarding closure of fisheries | 7 |
| 2013/C 310/08 | Information communicated by Member States regarding closure of fisheries | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 310/04

Euro exchange rates

5

2013/C 310/05

Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 November 2013(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

6

NOTICES FROM MEMBER STATES

2013/C 310/06

Information communicated by Member States regarding closure of fisheries

7

2013/C 310/07

Information communicated by Member States regarding closure of fisheries

7

2013/C 310/08

Information communicated by Member States regarding closure of fisheries

8

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2013/C 310/09 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2013/C 310/09

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China

9

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

---

(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

| 25.10.2013 | EN | Official Journal of the European Union | C 310/1 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/1

---

Non-opposition to a notified concentration

(Case COMP/M.7039 — PGGM/GDF SUEZ/EBN/NOGAT)

(Text with EEA relevance)

2013/C 310/01

On 17 October 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7039. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7039. EUR-Lex is the online access to the European law.

---

| 25.10.2013 | EN | Official Journal of the European Union | C 310/2 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/2

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Initiation of proceedings

(Case COMP/M.7009 — Holcim/Cemex West)

(Text with EEA relevance)

2013/C 310/02

On 22 October 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.7009 — Holcim/Cemex West, 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

---

| 25.10.2013 | EN | Official Journal of the European Union | C 310/3 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/3

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 310/03

| Date of adoption of the decision | 2.10.2013 |
| --- | --- |
| Reference number of State Aid | SA.35863 (12/N) |
| Member State | Czech Republic |
| Region | — | — |
| Title (and/or name of the beneficiary) | 129 134 Odstranění havarijních stavů na rybnících a vodních nádržích |
| Legal basis | — | Zákon č. 254/2001 Sb., o vodách a o změně některých zákonů. |

Date of adoption of the decision

2.10.2013

Reference number of State Aid

SA.35863 (12/N)

Member State

Czech Republic

Region

—

—

Title (and/or name of the beneficiary)

129 134 Odstranění havarijních stavů na rybnících a vodních nádržích

Legal basis

—

Zákon č. 254/2001 Sb., o vodách a o změně některých zákonů.

| — | Příloha návrhu zákona o státním rozpočtu České republiky na rok 2013 – Závazná pravidla poskytování finančních prostředků v oblasti vod v roce 2013 a způsobu kontroly jejich užití (viz Příloha č. 4, část 2 C). |
| --- | --- |

—

Příloha návrhu zákona o státním rozpočtu České republiky na rok 2013 – Závazná pravidla poskytování finančních prostředků v oblasti vod v roce 2013 a způsobu kontroly jejich užití (viz Příloha č. 4, část 2 C).

| — | Dokumentace podprogramu 129 134 Odstranění havarijních stavů na rybnících a vodních nádržích (viz Příloha č. 3). |
| --- | --- |

—

Dokumentace podprogramu 129 134 Odstranění havarijních stavů na rybnících a vodních nádržích (viz Příloha č. 3).

Type of measure

Scheme

—

Objective

Natural disasters or exceptional occurrences

Form of aid

Direct grant

Budget

| | Overall budget: CZK 150 000 000 |
| --- | --- |

Overall budget: CZK 150 000 000

| | Annual budget: CZK 50 000 000 |
| --- | --- |

Annual budget: CZK 50 000 000

Intensity

100 %

Duration (period)

Until 31.12.2015

Economic sectors

Freshwater fishing

Name and address of the granting authority

| Ministerstvo zemědělství |
| --- |
| Těšnov 17 |
| 117 05 Praha 1 |
| ČESKÁ REPUBLIKA |

Ministerstvo zemědělství

Těšnov 17

117 05 Praha 1

ČESKÁ REPUBLIKA

Other information

—

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

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 2.10.2013 |
| --- | --- |
| Reference number of State Aid | SA.35864 (12/N) |
| Member State | Czech Republic |
| Region | — | — |
| Title (and/or name of the beneficiary) | Odstranění povodňových škod na hrázích, rybnících a vodních nádržích |
| Legal basis | 1) | Zákon č. 254/2001 Sb., o vodách a o změně některých zkonů (vodní zákon) |

Date of adoption of the decision

2.10.2013

Reference number of State Aid

SA.35864 (12/N)

Member State

Czech Republic

Region

—

—

Title (and/or name of the beneficiary)

Odstranění povodňových škod na hrázích, rybnících a vodních nádržích

Legal basis

1)

Zákon č. 254/2001 Sb., o vodách a o změně některých zkonů (vodní zákon)

| 2) | Dokumentace programu 129 130, podprogram 129 133 „Odstraňování povodňových škod na hrázích rybníků a vodních nádrží“/viz příloha/ |
| --- | --- |

2)

Dokumentace programu 129 130, podprogram 129 133 „Odstraňování povodňových škod na hrázích rybníků a vodních nádrží“/viz příloha/

Type of measure

Scheme

—

Objective

Compensation of damages caused by natural disaster

Form of aid

Direct grant

Budget

Overall budget: CZK 500 000 000

Intensity

100 %

Duration (period)

Until 31.12.2015

Economic sectors

Freshwater aquaculture

Name and address of the granting authority

| Ministerstvo zemědělství |
| --- |
| Těšnov 17 |
| 117 05 Praha 1 |
| ČESKÁ REPUBLIKA |

Ministerstvo zemědělství

Těšnov 17

117 05 Praha 1

ČESKÁ REPUBLIKA

Other information

—

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

http://ec.europa.eu/competition/elojade/isef/index.cfm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 25.10.2013 | EN | Official Journal of the European Union | C 310/5 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/5

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Euro exchange rates (1)

24 October 2013

2013/C 310/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3805 |
| JPY | Japanese yen | 134,32 |
| DKK | Danish krone | 7,4596 |
| GBP | Pound sterling | 0,85370 |
| SEK | Swedish krona | 8,7626 |
| CHF | Swiss franc | 1,2303 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1210 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,773 |
| HUF | Hungarian forint | 292,79 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7030 |
| PLN | Polish zloty | 4,1861 |
| RON | Romanian leu | 4,4485 |
| TRY | Turkish lira | 2,7316 |
| AUD | Australian dollar | 1,4354 |
| CAD | Canadian dollar | 1,4358 |
| HKD | Hong Kong dollar | 10,7032 |
| NZD | New Zealand dollar | 1,6503 |
| SGD | Singapore dollar | 1,7074 |
| KRW | South Korean won | 1 465,34 |
| ZAR | South African rand | 13,4828 |
| CNY | Chinese yuan renminbi | 8,3998 |
| HRK | Croatian kuna | 7,6245 |
| IDR | Indonesian rupiah | 14 961,56 |
| MYR | Malaysian ringgit | 4,3454 |
| PHP | Philippine peso | 59,478 |
| RUB | Russian rouble | 43,7548 |
| THB | Thai baht | 42,986 |
| BRL | Brazilian real | 3,0346 |
| MXN | Mexican peso | 17,9741 |
| INR | Indian rupee | 84,8130 |

Currency

Exchange rate

USD

US dollar

1,3805

JPY

Japanese yen

134,32

DKK

Danish krone

7,4596

GBP

Pound sterling

0,85370

SEK

Swedish krona

8,7626

CHF

Swiss franc

1,2303

ISK

Iceland króna

NOK

Norwegian krone

8,1210

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,773

HUF

Hungarian forint

292,79

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7030

PLN

Polish zloty

4,1861

RON

Romanian leu

4,4485

TRY

Turkish lira

2,7316

AUD

Australian dollar

1,4354

CAD

Canadian dollar

1,4358

HKD

Hong Kong dollar

10,7032

NZD

New Zealand dollar

1,6503

SGD

Singapore dollar

1,7074

KRW

South Korean won

1 465,34

ZAR

South African rand

13,4828

CNY

Chinese yuan renminbi

8,3998

HRK

Croatian kuna

7,6245

IDR

Indonesian rupiah

14 961,56

MYR

Malaysian ringgit

4,3454

PHP

Philippine peso

59,478

RUB

Russian rouble

43,7548

THB

Thai baht

42,986

BRL

Brazilian real

3,0346

MXN

Mexican peso

17,9741

INR

Indian rupee

84,8130

---

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

---

| 25.10.2013 | EN | Official Journal of the European Union | C 310/6 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/6

---

Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 November 2013

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

2013/C 310/05

Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this Communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the Implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 272, 20.9.2013, p. 8.

| From | To | AT | BE | BG | CY | CZ | DE | DK | EE | EL | ES | FI | FR | HR | HU | IE | IT | LT | LU | LV | MT | NL | PL | PT | RO | SE | SI | SK | UK |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1.11.2013 | ... | 0,56 | 0,56 | 1,10 | 0,56 | 0,75 | 0,56 | 0,85 | 0,56 | 0,56 | 0,56 | 0,56 | 0,56 | 2,49 | 3,83 | 0,56 | 0,56 | 0,79 | 0,56 | 0,91 | 0,56 | 0,56 | 3,18 | 0,56 | 4,37 | 1,60 | 0,56 | 0,56 | 0,99 |
| 1.10.2013 | 31.10.2013 | 0,56 | 0,56 | 1,30 | 0,56 | 0,75 | 0,56 | 0,85 | 0,56 | 0,56 | 0,56 | 0,56 | 0,56 | 2,49 | 4,62 | 0,56 | 0,56 | 0,99 | 0,56 | 0,91 | 0,56 | 0,56 | 3,18 | 0,56 | 5,20 | 1,60 | 0,56 | 0,56 | 0,99 |
| 1.8.2013 | 30.9.2013 | 0,56 | 0,56 | 1,30 | 0,56 | 0,88 | 0,56 | 0,85 | 0,56 | 0,56 | 0,56 | 0,56 | 0,56 | 2,49 | 4,62 | 0,56 | 0,56 | 1,25 | 0,56 | 0,91 | 0,56 | 0,56 | 3,18 | 0,56 | 5,20 | 1,60 | 0,56 | 0,56 | 0,99 |
| 1.7.2013 | 31.7.2013 | 0,56 | 0,56 | 1,30 | 0,56 | 0,88 | 0,56 | 0,85 | 0,56 | 0,56 | 0,56 | 0,56 | 0,56 | 2,49 | 4,62 | 0,56 | 0,56 | 1,08 | 0,56 | 1,10 | 0,56 | 0,56 | 3,18 | 0,56 | 5,20 | 1,60 | 0,56 | 0,56 | 0,99 |

From

To

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK

1.11.2013

...

0,56

0,56

1,10

0,56

0,75

0,56

0,85

0,56

0,56

0,56

0,56

0,56

2,49

3,83

0,56

0,56

0,79

0,56

0,91

0,56

0,56

3,18

0,56

4,37

1,60

0,56

0,56

0,99

1.10.2013

31.10.2013

0,56

0,56

1,30

0,56

0,75

0,56

0,85

0,56

0,56

0,56

0,56

0,56

2,49

4,62

0,56

0,56

0,99

0,56

0,91

0,56

0,56

3,18

0,56

5,20

1,60

0,56

0,56

0,99

1.8.2013

30.9.2013

0,56

0,56

1,30

0,56

0,88

0,56

0,85

0,56

0,56

0,56

0,56

0,56

2,49

4,62

0,56

0,56

1,25

0,56

0,91

0,56

0,56

3,18

0,56

5,20

1,60

0,56

0,56

0,99

1.7.2013

31.7.2013

0,56

0,56

1,30

0,56

0,88

0,56

0,85

0,56

0,56

0,56

0,56

0,56

2,49

4,62

0,56

0,56

1,08

0,56

1,10

0,56

0,56

3,18

0,56

5,20

1,60

0,56

0,56

0,99

---

NOTICES FROM MEMBER STATES

| 25.10.2013 | EN | Official Journal of the European Union | C 310/7 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/7

---

Information communicated by Member States regarding closure of fisheries

2013/C 310/06

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

| Date and time of closure | 11.10.2013 |
| --- | --- |
| Duration | 11.10.2013-31.12.2013 |
| Member State | Sweden |
| Stock or group of stocks | COD/03AN |
| Species | Cod (Gadus Morhua) |
| Zone | Skagerrak |
| Type(s) of fishing vessels | — |
| Reference number | 60/TQ40 |

Date and time of closure

11.10.2013

Duration

11.10.2013-31.12.2013

Member State

Sweden

Stock or group of stocks

COD/03AN

Species

Cod (Gadus Morhua)

Zone

Skagerrak

Type(s) of fishing vessels

—

Reference number

60/TQ40

---

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

---

| 25.10.2013 | EN | Official Journal of the European Union | C 310/7 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/7

---

Information communicated by Member States regarding closure of fisheries

2013/C 310/07

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

| Date and time of closure | 9.10.2013 |
| --- | --- |
| Duration | 9.10.2013-31.12.2013 |
| Member State | Germany |
| Stock or group of stocks | RED/51214D |
| Species | Redfish (Sebastes spp.) |
| Zone | EU and International waters of V, international waters of XII and XIV |
| Type(s) of fishing vessels | — |
| Reference number | 61/TQ40 |

Date and time of closure

9.10.2013

Duration

9.10.2013-31.12.2013

Member State

Germany

Stock or group of stocks

RED/51214D

Species

Redfish (Sebastes spp.)

Zone

EU and International waters of V, international waters of XII and XIV

Type(s) of fishing vessels

—

Reference number

61/TQ40

---

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

---

| 25.10.2013 | EN | Official Journal of the European Union | C 310/8 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/8

---

Information communicated by Member States regarding closure of fisheries

2013/C 310/08

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

| Date and time of closure | 7.10.2013 |
| --- | --- |
| Duration | 7.10.2013-31.12.2013 |
| Member State | The Netherlands |
| Stock or group of stocks | HKE/571214 |
| Species | Hake (Merluccius merluccius) |
| Zone | VI and VII; EU and international waters of Vb; international waters of XII and XIV |
| Type(s) of fishing vessels | — |
| Reference number | 59/TQ39 |

Date and time of closure

7.10.2013

Duration

7.10.2013-31.12.2013

Member State

The Netherlands

Stock or group of stocks

HKE/571214

Species

Hake (Merluccius merluccius)

Zone

VI and VII; EU and international waters of Vb; international waters of XII and XIV

Type(s) of fishing vessels

—

Reference number

59/TQ39

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 25.10.2013 | EN | Official Journal of the European Union | C 310/9 |
| --- | --- | --- | --- |

25.10.2013

EN

Official Journal of the European Union

C 310/9

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China

2013/C 310/09

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

1.   Request for review

The request was lodged on 12 August 2013 by Federación Nacional de Asociaciones de Transformados Vegetales y Alimentos Procesados (‘FENAVAL’) on behalf of producers representing more than 25 % of the total Union production of certain prepared or preserved citrus fruits (namely mandarins, etc.).

2.   Product under review

The product under review is prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, whether or not containing added sugar or other sweetening matter, and as defined under CN heading 2008, originating in the PRC, currently falling within CN codes 2008 30 55, 2008 30 75 and ex 2008 30 90.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1355/2008 (3), as reimposed by Council Implementing Regulation (EU) No 158/2013 (4).

4.   Grounds for the review

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

4.1.   
  Allegation of likelihood of continuation of dumping

Since, in view of the provisions of Article 2(7) of the basic Regulation, the PRC is considered to be a non-market economy country, and given that in the previous investigation the prices actually paid or payable in the Union for the like product were used for the purpose of establishing normal value in respect of the PRC, the applicant established normal value for the imports from the PRC on the basis of the prices actually paid or payable in the Union for the like product.

In addition, the applicant established normal value for the imports from the PRC on the basis of export prices from Turkey to the EU.

The allegation of likelihood of continuation of dumping is based on a comparison of both normal values thus established with the export price (at ex-works level) of the product under review when sold for export to the Union.

On the basis of the above comparisons, the dumping margins calculated are significant for the PRC.

4.2.   
  Allegation of likelihood of recurrence of injury

The applicant alleges the likelihood of recurrence of injury. In this respect the applicant has provided evidence that, should measures be allowed to lapse, the current import volume of the product under review from the PRC to the Union is likely to increase at injurious price levels. This is so because, firstly, the EU market is very attractive in terms of volume. Second, exporting producers in the PRC have easy access to very significant volumes of raw materials because the PRC is the first producer of fresh mandarins in the world. Finally, the current Chinese export prices of the product under review significantly undercut the EU industry prices.

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

5.   Procedure

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

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the PRC and a continuation or recurrence of injury to the Union industry.

5.1.   
  Procedure for the determination of a likelihood of continuation or recurrence of dumping

Exporting producers (5) of the product under review from the PRC, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

5.1.1.1.   Procedure for selecting exporting producers to be investigated in the PRC

(a)   Sampling

In view of the potentially large number of exporting producers in the PRC involved in this expiry review 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, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, 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 the information on their company(ies) requested in Annex A to this notice.

In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the PRC 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 production, sales or exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the PRC and associations of exporting producers will be notified by the Commission, via the authorities of the PRC if appropriate, of the companies selected to be in the sample.

In order to obtain the 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 PRC.

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

The questionnaire will request information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under review, the cost of production, the sales of the product under review on the domestic market of the PRC and the sales of the product under review to the Union.

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’).

5.1.2.   Additional procedure with regard to exporting producers in the non-market economy PRC

5.1.2.1.   Selection of a market economy third country

In accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from non-market economy countries, normal value shall be determined on the basis of the price or constructed value in a market economy third country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.

In the previous investigation, in the absence of production of the like product in countries outside the Union and the PRC, the prices actually paid or payable in the Union for the like product were used for the purpose of establishing normal value in respect of the PRC.

However, for the purpose of the current investigation, the Commission envisages using Turkey as a market economy third country.

Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union.

5.1.3.   Investigating unrelated importers
   (6)
   (7)

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

In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the investigation 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, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, 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 B 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 review 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 the 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.

The questionnaire will request information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under review and the sales of the product under review.

5.2.   
  Procedure for the determination of a likelihood of a continuation or recurrence of injury

In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.

5.2.1.   Investigating Union producers

In order to obtain the information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to known Union producers or representative Union producers and to any known association of Union producers, including the ones who did not cooperate in the investigation leading to the measures subject to the present review.

The aforementioned Union producers and the associations of Union producers must submit the completed questionnaire within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.

The questionnaire will request information on, inter alia, the structure of their company(ies) and the financial and economic situation of the company(ies).

Any Union producer and association of Union producers not listed above is invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make itself known and request a questionnaire.

5.3.   
  Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the 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 review.

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

5.4.   
  Other written submissions

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

5.5.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard 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.

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

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (8).

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 |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22990205

E-mail for dumping issues and Annex A: trade-satsumas-dumping@ec.europa.eu

E-mail for other issues and Annex B: trade-satsumas-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, 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 likelihood of a continuation or recurrence of dumping and injury, causal link and Union interest.

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.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any interested party considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

10.   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 (9).

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(1)  OJ C 94, 3.4.2013, p. 9.

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

(3)  OJ L 350, 31.12.2008, p. 35.

(4)  OJ L 49, 22.2.2013, p. 29.

(5)  An exporting producer is any company in the PRC which produces and exports the product under review 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 review.

(6)  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 recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

(8)  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).

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

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ANNEX A

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ANNEX B

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