# Official Journal C 161/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 161 |
| | |
| English edition | Information and Notices | Volume 5814 May 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 161

English edition

Information and Notices

Volume 5814 May 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 161/01 | Non-opposition to a notified concentration (Case M.7594 — Brother Industries/Domino Printing Sciences) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 161/01

Non-opposition to a notified concentration (Case M.7594 — Brother Industries/Domino Printing Sciences) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2015/C 161/02 | Council Decision of 11 May 2015 appointing 15 members of the Management Board of the European Chemicals Agency | 2 |
| | European Commission |
| 2015/C 161/03 | Euro exchange rates | 4 |
| 2015/C 161/04 | Commission Decision of 13 May 2015 prolonging the appointment of independent scientific experts to the Pharmacovigilance Risk Assessment Committee (
  1
  ) | 5 |
| 2015/C 161/05 | Commission Decision of 13 May 2015 on appointing members of the Committee for Orphan Medicinal Products to represent patients’ organisations (
  1
  ) | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2015/C 161/02

Council Decision of 11 May 2015 appointing 15 members of the Management Board of the European Chemicals Agency

2

European Commission

2015/C 161/03

Euro exchange rates

4

2015/C 161/04

Commission Decision of 13 May 2015 prolonging the appointment of independent scientific experts to the Pharmacovigilance Risk Assessment Committee (
  1
  )

1

5

2015/C 161/05

Commission Decision of 13 May 2015 on appointing members of the Committee for Orphan Medicinal Products to represent patients’ organisations (
  1
  )

1

7

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2015/C 161/06 | Notice of the impending expiry of certain anti-dumping measures | 8 |
| 2015/C 161/07 | Notice of initiation of an anti-dumping proceeding concerning imports of certain cold-rolled flat steel products originating in the People's Republic of China and the Russian Federation | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2015/C 161/06

Notice of the impending expiry of certain anti-dumping measures

8

2015/C 161/07

Notice of initiation of an anti-dumping proceeding concerning imports of certain cold-rolled flat steel products originating in the People's Republic of China and the Russian Federation

9

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| --- | --- |
| | (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

| 14.5.2015 | EN | Official Journal of the European Union | C 161/1 |
| --- | --- | --- | --- |

14.5.2015

EN

Official Journal of the European Union

C 161/1

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Non-opposition to a notified concentration

(Case M.7594 — Brother Industries/Domino Printing Sciences)

(Text with EEA relevance)

(2015/C 161/01)

On 8 May 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language 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/homepage.html?locale=en) under document number 32015M7594. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7594. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 14.5.2015 | EN | Official Journal of the European Union | C 161/2 |
| --- | --- | --- | --- |

14.5.2015

EN

Official Journal of the European Union

C 161/2

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COUNCIL DECISION

of 11 May 2015

appointing 15 members of the Management Board of the European Chemicals Agency

(2015/C 161/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 79 thereof,

Whereas:

| (1) | Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State. |
| --- | --- |

(1)

Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

| (2) | The Members of the Management Board should be appointed on the basis of their relevant experience and expertise in the field of chemical safety or the regulation of chemicals whilst also ensuring that relevant expertise is available amongst the Members of the Management Board in the fields of general, financial and legal matters. |
| --- | --- |

(2)

The Members of the Management Board should be appointed on the basis of their relevant experience and expertise in the field of chemical safety or the regulation of chemicals whilst also ensuring that relevant expertise is available amongst the Members of the Management Board in the fields of general, financial and legal matters.

| (3) | The duration of the term of office should be 4 years. It should be possible to renew the term of office once. |
| --- | --- |

(3)

The duration of the term of office should be 4 years. It should be possible to renew the term of office once.

| (4) | By its Decision of 7 June 2007 (2), the Council appointed 27 Members of the Management Board. |
| --- | --- |

(4)

By its Decision of 7 June 2007 (2), the Council appointed 27 Members of the Management Board.

| (5) | The Members of the Management Board nominated by Belgium, Bulgaria, Denmark, Germany, Estonia, Greece, Cyprus, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia and the United Kingdom, were all appointed for a period ending on 31 May 2015. Members of the Management Board from these Member States should therefore be nominated and appointed for a period which commences on 1 June 2015 and runs until 31 May 2019. |
| --- | --- |

(5)

The Members of the Management Board nominated by Belgium, Bulgaria, Denmark, Germany, Estonia, Greece, Cyprus, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia and the United Kingdom, were all appointed for a period ending on 31 May 2015. Members of the Management Board from these Member States should therefore be nominated and appointed for a period which commences on 1 June 2015 and runs until 31 May 2019.

| (6) | The Council has received nominations from all the Member States concerned, |
| --- | --- |

(6)

The Council has received nominations from all the Member States concerned,

HAS ADOPTED THIS DECISION:

Article 1

The following persons shall be appointed Members of the Management Board for a second term running from 1 June 2015 to 31 May 2019 (name, nationality, date of birth):

| — | Mr Henrik Søren LARSEN, Danish, 9 December 1961, |
| --- | --- |

—

Mr Henrik Søren LARSEN, Danish, 9 December 1961,

| — | Ms Aive TELLING, Estonian, 8 May 1974, |
| --- | --- |

—

Ms Aive TELLING, Estonian, 8 May 1974,

| — | Ms Kassandra DIMITRIOU, Greek, 30 June 1957, |
| --- | --- |

—

Ms Kassandra DIMITRIOU, Greek, 30 June 1957,

| — | Mr Anastassios YIANNAKI, Cypriot, 27 September 1957, |
| --- | --- |

—

Mr Anastassios YIANNAKI, Cypriot, 27 September 1957,

| — | Ms Marija TERIOŠINA, Lithuanian, 4 November 1952, |
| --- | --- |

—

Ms Marija TERIOŠINA, Lithuanian, 4 November 1952,

| — | Ms Liliana Luminiţa TÎRCHILĂ, Romanian, 1 February 1960. |
| --- | --- |

—

Ms Liliana Luminiţa TÎRCHILĂ, Romanian, 1 February 1960.

Article 2

The following persons shall be appointed Members of the Management Board for a first term running from 1 June 2015 to 31 May 2019 (name, nationality, date of birth):

| — | Ms Anne-France Marie RIHOUX, Belgian, 12 June 1964, |
| --- | --- |

—

Ms Anne-France Marie RIHOUX, Belgian, 12 June 1964,

| — | Ms Parvoleta Angelova LULEVA, Bulgarian, 11 March 1966, |
| --- | --- |

—

Ms Parvoleta Angelova LULEVA, Bulgarian, 11 March 1966,

| — | Mr Jörg LEBSANFT, German, 31 August 1956, |
| --- | --- |

—

Mr Jörg LEBSANFT, German, 31 August 1956,

| — | Ms Judīte DIPĀNE, Latvian, 10 April 1971, |
| --- | --- |

—

Ms Judīte DIPĀNE, Latvian, 10 April 1971,

| — | Mr Edward XUEREB, Maltese, 26 November 1963, |
| --- | --- |

—

Mr Edward XUEREB, Maltese, 26 November 1963,

| — | Ms Lidia Longina WĄSOWICZ, Polish, 18 August 1953, |
| --- | --- |

—

Ms Lidia Longina WĄSOWICZ, Polish, 18 August 1953,

| — | Ms Ana Lília GOMES MARTINS, Portuguese, 20 August 1973, |
| --- | --- |

—

Ms Ana Lília GOMES MARTINS, Portuguese, 20 August 1973,

| — | Ms Miroslava BAJANÍKOVÁ, Slovak, 12 April 1986, |
| --- | --- |

—

Ms Miroslava BAJANÍKOVÁ, Slovak, 12 April 1986,

| — | Mr Keith Anthony Trevor BAILEY, British, 2 June 1965. |
| --- | --- |

—

Mr Keith Anthony Trevor BAILEY, British, 2 June 1965.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 11 May 2015.

For the Council

The President

Jānis DŪKLAVS

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(1)  OJ L 396, 30.12.2006, p. 1.

1

(2)  Council Decision of 7 June 2007 appointing 27 members of the Management Board of the European Chemicals Agency (OJ C 134, 16.6.2007, p. 6).

2

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European Commission

| 14.5.2015 | EN | Official Journal of the European Union | C 161/4 |
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14.5.2015

EN

Official Journal of the European Union

C 161/4

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Euro exchange rates (1)

13 May 2015

(2015/C 161/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1221 |
| JPY | Japanese yen | 134,31 |
| DKK | Danish krone | 7,4630 |
| GBP | Pound sterling | 0,71740 |
| SEK | Swedish krona | 9,3267 |
| CHF | Swiss franc | 1,0410 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3570 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,450 |
| HUF | Hungarian forint | 306,95 |
| PLN | Polish zloty | 4,0872 |
| RON | Romanian leu | 4,4602 |
| TRY | Turkish lira | 2,9744 |
| AUD | Australian dollar | 1,3945 |
| CAD | Canadian dollar | 1,3436 |
| HKD | Hong Kong dollar | 8,6987 |
| NZD | New Zealand dollar | 1,5061 |
| SGD | Singapore dollar | 1,4916 |
| KRW | South Korean won | 1 229,03 |
| ZAR | South African rand | 13,4450 |
| CNY | Chinese yuan renminbi | 6,9622 |
| HRK | Croatian kuna | 7,5591 |
| IDR | Indonesian rupiah | 14 723,46 |
| MYR | Malaysian ringgit | 4,0360 |
| PHP | Philippine peso | 50,120 |
| RUB | Russian rouble | 55,6080 |
| THB | Thai baht | 37,661 |
| BRL | Brazilian real | 3,3684 |
| MXN | Mexican peso | 17,1482 |
| INR | Indian rupee | 71,8256 |

Currency

Exchange rate

USD

US dollar

1,1221

JPY

Japanese yen

134,31

DKK

Danish krone

7,4630

GBP

Pound sterling

0,71740

SEK

Swedish krona

9,3267

CHF

Swiss franc

1,0410

ISK

Iceland króna

NOK

Norwegian krone

8,3570

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,450

HUF

Hungarian forint

306,95

PLN

Polish zloty

4,0872

RON

Romanian leu

4,4602

TRY

Turkish lira

2,9744

AUD

Australian dollar

1,3945

CAD

Canadian dollar

1,3436

HKD

Hong Kong dollar

8,6987

NZD

New Zealand dollar

1,5061

SGD

Singapore dollar

1,4916

KRW

South Korean won

1 229,03

ZAR

South African rand

13,4450

CNY

Chinese yuan renminbi

6,9622

HRK

Croatian kuna

7,5591

IDR

Indonesian rupiah

14 723,46

MYR

Malaysian ringgit

4,0360

PHP

Philippine peso

50,120

RUB

Russian rouble

55,6080

THB

Thai baht

37,661

BRL

Brazilian real

3,3684

MXN

Mexican peso

17,1482

INR

Indian rupee

71,8256

---

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

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| 14.5.2015 | EN | Official Journal of the European Union | C 161/5 |
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14.5.2015

EN

Official Journal of the European Union

C 161/5

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COMMISSION DECISION

of 13 May 2015

prolonging the appointment of independent scientific experts to the Pharmacovigilance Risk Assessment Committee

(Text with EEA relevance)

(2015/C 161/04)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 61a(1) and (4) thereof,

Whereas:

| (1) | Article 61a(1) of Regulation (EC) No 726/2004 requires that the Commission appoints six independent scientific experts as members of the Pharmacovigilance Risk Assessment Committee. |
| --- | --- |

(1)

Article 61a(1) of Regulation (EC) No 726/2004 requires that the Commission appoints six independent scientific experts as members of the Pharmacovigilance Risk Assessment Committee.

| (2) | Article 61a(1) of Regulation (EC) No 726/2004 provides that the Commission is to appoint those members with a view to ensuring that the relevant expertise is available within the Committee. |
| --- | --- |

(2)

Article 61a(1) of Regulation (EC) No 726/2004 provides that the Commission is to appoint those members with a view to ensuring that the relevant expertise is available within the Committee.

| (3) | The members of the Committee are to be appointed for a period of three years, which may be prolonged once. |
| --- | --- |

(3)

The members of the Committee are to be appointed for a period of three years, which may be prolonged once.

| (4) | By its decision of 21 June 2012, the Commission appointed six independent scientific experts for a term of three years from 2 July 2012. In view of the continuous and efficient contribution of those experts to the work of the Committee, their mandate should be prolonged in accordance with Article 61a(4) of Regulation (EC) No 726/2004 for a period of three years starting on 2 July 2015. |
| --- | --- |

(4)

By its decision of 21 June 2012, the Commission appointed six independent scientific experts for a term of three years from 2 July 2012. In view of the continuous and efficient contribution of those experts to the work of the Committee, their mandate should be prolonged in accordance with Article 61a(4) of Regulation (EC) No 726/2004 for a period of three years starting on 2 July 2015.

| (5) | Where an independent scientific expert appointed by this decision is no longer capable of contributing efficiently to the work of the Committee, or resigns, the Commission may replace this member from the reserve list, for the remaining duration of the member’s mandate, |
| --- | --- |

(5)

Where an independent scientific expert appointed by this decision is no longer capable of contributing efficiently to the work of the Committee, or resigns, the Commission may replace this member from the reserve list, for the remaining duration of the member’s mandate,

HAS DECIDED AS FOLLOWS:

Article 1

The appointment of the following members of the Pharmacovigilance Risk Assessment Committee is hereby prolonged for a term of three years from 2 July 2015:

| — | Jane Ahlqvist RASTAD, |
| --- | --- |

—

Jane Ahlqvist RASTAD,

| — | Marie Louise DE BRUIN, |
| --- | --- |

—

Marie Louise DE BRUIN,

| — | Stephen J. W. EVANS, |
| --- | --- |

—

Stephen J. W. EVANS,

| — | Brigitte KELLER-STANISLAWSKI, |
| --- | --- |

—

Brigitte KELLER-STANISLAWSKI,

| — | Hervé LE LOUET, |
| --- | --- |

—

Hervé LE LOUET,

| — | Lennart WALDENLIND. |
| --- | --- |

—

Lennart WALDENLIND.

Article 2

The following are hereby placed on a reserve list by order of merit:

| — | Thierry TRENQUE, |
| --- | --- |

—

Thierry TRENQUE,

| — | Michael THEODORAKIS, |
| --- | --- |

—

Michael THEODORAKIS,

| — | Marie-Christine PERAULT-POCHAT, |
| --- | --- |

—

Marie-Christine PERAULT-POCHAT,

| — | Annemarie HVIDBERG HELLEBEK. |
| --- | --- |

—

Annemarie HVIDBERG HELLEBEK.

Done at Brussels, 13 May 2015.

For the Commission,

On behalf of the President,

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  OJ L 136, 30.4.2004, p. 1.

1

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| 14.5.2015 | EN | Official Journal of the European Union | C 161/7 |
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14.5.2015

EN

Official Journal of the European Union

C 161/7

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COMMISSION DECISION

of 13 May 2015

on appointing members of the Committee for Orphan Medicinal Products to represent patients’ organisations

(Text with EEA relevance)

(2015/C 161/05)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (1), and in particular Article 4(3) thereof,

Whereas:

| (1) | Article 4(3) of the Regulation (EC) No 141/2000 requires that the Commission appoints representatives of patients' organisations for a mandate of three years. |
| --- | --- |

(1)

Article 4(3) of the Regulation (EC) No 141/2000 requires that the Commission appoints representatives of patients' organisations for a mandate of three years.

| (2) | The term of office of the three members representing patients' organisations expires on 30 June 2015. |
| --- | --- |

(2)

The term of office of the three members representing patients' organisations expires on 30 June 2015.

| (3) | The members of the Committee should be appointed for a period of three years starting 1 July 2015. |
| --- | --- |

(3)

The members of the Committee should be appointed for a period of three years starting 1 July 2015.

| (4) | Where a member appointed by this decision is no longer capable of contributing efficiently to the work of the Committee, or resigns, the Commission may replace this member from the reserve list, for the duration of the member's mandate, |
| --- | --- |

(4)

Where a member appointed by this decision is no longer capable of contributing efficiently to the work of the Committee, or resigns, the Commission may replace this member from the reserve list, for the duration of the member's mandate,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed members of the Committee for a term of three years, from 1 July 2015:

| — | Lesley GREENE, |
| --- | --- |

—

Lesley GREENE,

| — | Pauline EVERS, |
| --- | --- |

—

Pauline EVERS,

| — | Mario RICCIARDI. |
| --- | --- |

—

Mario RICCIARDI.

Article 2

The following are hereby placed on a reserve list by order of merit:

| — | Julián Isla GÓMEZ, |
| --- | --- |

—

Julián Isla GÓMEZ,

| — | Loris Angelo BRUNETTA, |
| --- | --- |

—

Loris Angelo BRUNETTA,

| — | Baiba ZIEMELE. |
| --- | --- |

—

Baiba ZIEMELE.

Done at Brussels, 13 May 2015.

For the Commission,

On behalf of the President,

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  OJ L 18, 22.1.2000, p. 1.

1

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 14.5.2015 | EN | Official Journal of the European Union | C 161/8 |
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14.5.2015

EN

Official Journal of the European Union

C 161/8

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Notice of the impending expiry of certain anti-dumping measures

(2015/C 161/06)

1.   As provided for in 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 (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1000 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- |
| Okoumé plywood | The People’s Republic of China | Anti-dumping duty | Council Implementing Regulation (EU) No 82/2011 imposing a definitive anti-dumping duty on imports of okoumé plywood originating in the People’s Republic of China (OJ L 28, 2.2.2011, p. 1). | 3.2.2016 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

Okoumé plywood

The People’s Republic of China

Anti-dumping duty

Council Implementing Regulation (EU) No 82/2011 imposing a definitive anti-dumping duty on imports of okoumé plywood originating in the People’s Republic of China (OJ L 28, 2.2.2011, p. 1).

3.2.2016

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

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.

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| 14.5.2015 | EN | Official Journal of the European Union | C 161/9 |
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14.5.2015

EN

Official Journal of the European Union

C 161/9

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Notice of initiation of an anti-dumping proceeding concerning imports of certain cold-rolled flat steel products originating in the People's Republic of China and the Russian Federation

(2015/C 161/07)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of certain cold-rolled flat steel products, originating in the People's Republic of China and the Russian Federation, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 1 April 2015 by Eurofer (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of certain cold-rolled flat steel products.

2.   Product under investigation

The product subject to this investigation (‘the product under investigation’) is flat-rolled products of iron or non-alloy steel, or other alloy steel but excluding of stainless steel, of all widths, cold-rolled (cold-reduced), not clad, plated or coated and not further worked than cold-rolled (cold-reduced), but not including:

| — | flat-rolled products of iron or non-alloy steel, of all width, cold-rolled (cold-reduced), not clad, plated or coated, not further worked than cold-rolled, whether or not in coils, of all thickness, electrical, |
| --- | --- |

—

flat-rolled products of iron or non-alloy steel, of all width, cold-rolled (cold-reduced), not clad, plated or coated, not further worked than cold-rolled, whether or not in coils, of all thickness, electrical,

| — | flat-rolled products of iron or non-alloy steel, of all width, cold-rolled (cold-reduced), not clad, plated or coated, in coils, of a thickness of less than 0,35 mm, annealed (known as ‘black plates’), |
| --- | --- |

—

flat-rolled products of iron or non-alloy steel, of all width, cold-rolled (cold-reduced), not clad, plated or coated, in coils, of a thickness of less than 0,35 mm, annealed (known as ‘black plates’),

| — | flat-rolled products of other alloy steel, of all width, of silicon-electrical steel, and |
| --- | --- |

—

flat-rolled products of other alloy steel, of all width, of silicon-electrical steel, and

| — | flat-rolled products of alloy steel, not further worked than cold-rolled (cold-reduced), of high-speed steel. |
| --- | --- |

—

flat-rolled products of alloy steel, not further worked than cold-rolled (cold-reduced), of high-speed steel.

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People's Republic of China and the Russian Federation (‘the countries concerned’), currently falling within CN code(s) ex 7209 15 00, 7209 16 90, 7209 17 90, 7209 18 91, ex 7209 18 99, ex 7209 25 00, 7209 26 90, 7209 27 90, 7209 28 90, 7211 23 30, ex 7211 23 80, ex 7211 29 00, 7225 50 80, 7226 92 00. These CN codes are given for information only.

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

In the absence of reliable data on domestic prices for the Russian Federation, the allegation of dumping is based on a comparison of a constructed normal value (estimated manufacturing costs, selling, general and administrative costs — SG&A — and profit) with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

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

4.   Allegation of injury and causation

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

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

5.   Procedure

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

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

5.1.   
  Procedure for the determination of dumping

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

5.1.1.   Investigating exporting producers

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

(a)   Sampling

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

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

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

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

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

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

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

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

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

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the non-market economy country concerned who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in section 5.1.2.2 below.

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

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

5.1.2.1.   Selection of a market economy third country

Subject to the provisions of section 5.1.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People's Republic of China normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The Commission has provisionally chosen Canada. 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. According to the information available to the Commission, other market economy suppliers of the Union are, inter alia, India, South Korea and Ukraine. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place.

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

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

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

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

5.1.3.   Investigating unrelated importers
   (5)
   (6)

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

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

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

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

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

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

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

5.2.   
  Procedure for the determination of injury and investigating Union producers

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

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.6 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

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

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

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

5.3.   
  Procedure for the assessment of Union interest

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

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

5.4.   
  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 should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

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

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

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

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

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

Commission address for correspondence:

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

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

Email

:

TRADE-CRFS-DUMPING-CHINA@ec.europa.eu

TRADE-CRFS-DUMPING-RUSSIA@ec.europa.eu

TRADE-CRFS-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

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

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

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

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

8.   Schedule of the investigation

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

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

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

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

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

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

(5)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I 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.

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

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

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

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ANNEX I

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ANNEX II

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