# Official Journal C 57/2023

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 57 |
| | |
| English edition | Information and Notices | Volume 6616 February 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 57

English edition

Information and Notices

Volume 6616 February 2023

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| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2023/C 57/01 | Non-opposition to a notified concentration (Case M.10963 – BMWK / SEFE) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2023/C 57/01

Non-opposition to a notified concentration (Case M.10963 – BMWK / SEFE) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2023/C 57/02 | Council Decision of 14 February 2023 appointing a member of the European Statistical Governance Advisory Board | 2 |
| | European Commission |
| 2023/C 57/03 | Euro exchange rates – 15 February 2023 | 4 |
| 2023/C 57/04 | Summary of Commission Decision of 12 July 2022 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (CASE AT.40522-Metal packaging)
  ((notified under document number C(2022)4761 final) | 5 |
| 2023/C 57/05 | Final Report of the Hearing Officer – Case AT.40522 – Metal Packaging | 9 |
| 2023/C 57/06 | Opinion Of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 5 July 2022 concerning a Draft Decision in Case AT.40522 – Metal Packaging – Meeting by Audio Conference – via Skype for Business – Rapporteur: The Netherlands | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2023/C 57/02

Council Decision of 14 February 2023 appointing a member of the European Statistical Governance Advisory Board

2

European Commission

2023/C 57/03

Euro exchange rates – 15 February 2023

4

2023/C 57/04

Summary of Commission Decision of 12 July 2022 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (CASE AT.40522-Metal packaging)
  ((notified under document number C(2022)4761 final)

((notified under document number C(2022)4761 final)

5

2023/C 57/05

Final Report of the Hearing Officer – Case AT.40522 – Metal Packaging

9

2023/C 57/06

Opinion Of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 5 July 2022 concerning a Draft Decision in Case AT.40522 – Metal Packaging – Meeting by Audio Conference – via Skype for Business – Rapporteur: The Netherlands

10

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2023/C 57/07 | Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese dioxides originating in the People’s Republic of China | 11 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2023/C 57/08 | Prior notification of a concentration (Case M.10834 – AGROFERT / BOREALIS NITRO) (
  1
  ) | 23 |
| 2023/C 57/09 | Prior notification of a concentration (Case M.10990 – WESTCOAST / KOMSA) – Candidate case for simplified procedure (
  1
  ) | 25 |
| 2023/C 57/10 | Notice of a request concerning the applicability of Article 34 of Directive 2014/25/EU – Request made by a Contracting Entity | 26 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2023/C 57/07

Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese dioxides originating in the People’s Republic of China

11

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2023/C 57/08

Prior notification of a concentration (Case M.10834 – AGROFERT / BOREALIS NITRO) (
  1
  )

1

23

2023/C 57/09

Prior notification of a concentration (Case M.10990 – WESTCOAST / KOMSA) – Candidate case for simplified procedure (
  1
  )

1

25

2023/C 57/10

Notice of a request concerning the applicability of Article 34 of Directive 2014/25/EU – Request made by a Contracting Entity

26

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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

| 16.2.2023 | EN | Official Journal of the European Union | C 57/1 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/1

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Non-opposition to a notified concentration

(Case M.10963 – BMWK / SEFE)

(Text with EEA relevance)

(2023/C 57/01)

On 16 December 2022, 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 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 policy’ 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 policy’ 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 32022M10963. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10963. EUR-Lex is the online point of access to European Union law.

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(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

| 16.2.2023 | EN | Official Journal of the European Union | C 57/2 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/2

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COUNCIL DECISION

of 14 February 2023

appointing a member of the European Statistical Governance Advisory Board

(2023/C 57/02)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3(4) thereof,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | By its decision of 19 December 2019 (2), the Council appointed Mr Priit POTISEPP as a member of the European Statistical Governance Advisory Board (the Board) for a term of office of three years starting on 23 December 2019. |
| --- | --- |

(1)

By its decision of 19 December 2019 (2), the Council appointed Mr Priit POTISEPP as a member of the European Statistical Governance Advisory Board (the Board) for a term of office of three years starting on 23 December 2019.

| (2) | The term of office of Mr Priit POTISEPP expired on 22 December 2022. |
| --- | --- |

(2)

The term of office of Mr Priit POTISEPP expired on 22 December 2022.

| (3) | According to Article 3(4) of Decision No 235/2008/EC, the term of office of the members of the Board can be renewed once. |
| --- | --- |

(3)

According to Article 3(4) of Decision No 235/2008/EC, the term of office of the members of the Board can be renewed once.

| (4) | In order to ensure administrative continuity and to follow on seamlessly from his first term of office, the term of office of Mr Priit POTISEPP should be renewed without interruption and he should be appointed for a second term of office with effect from 23 December 2022. This Decision should therefore enter into force as a matter of urgency, |
| --- | --- |

(4)

In order to ensure administrative continuity and to follow on seamlessly from his first term of office, the term of office of Mr Priit POTISEPP should be renewed without interruption and he should be appointed for a second term of office with effect from 23 December 2022. This Decision should therefore enter into force as a matter of urgency,

HAS ADOPTED THIS DECISION:

Article 1

Mr Priit POTISEPP is hereby appointed as a member representing the Council in the European Statistical Governance Advisory Board for a second term of office of three years from 23 December 2022.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

It shall apply from 23 December 2022.

Done at Brussels, 14 February 2023.

For the Council

The President

E. SVANTESSON

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(1)  OJ L 73, 15.3.2008, p. 17.

1

(2)  Council Decision of 19 December 2019 appointing a member of the European Statistical Governance Advisory Board (OJ C 428, 20.12.2019, p. 5).

2

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European Commission

| 16.2.2023 | EN | Official Journal of the European Union | C 57/4 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/4

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Euro exchange rates (1)

15 February 2023

(2023/C 57/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0700 |
| JPY | Japanese yen | 143,05 |
| DKK | Danish krone | 7,4515 |
| GBP | Pound sterling | 0,88825 |
| SEK | Swedish krona | 11,1400 |
| CHF | Swiss franc | 0,9885 |
| ISK | Iceland króna | 153,90 |
| NOK | Norwegian krone | 10,9193 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 23,666 |
| HUF | Hungarian forint | 380,58 |
| PLN | Polish zloty | 4,7600 |
| RON | Romanian leu | 4,9008 |
| TRY | Turkish lira | 20,1677 |
| AUD | Australian dollar | 1,5529 |
| CAD | Canadian dollar | 1,4356 |
| HKD | Hong Kong dollar | 8,3983 |
| NZD | New Zealand dollar | 1,7063 |
| SGD | Singapore dollar | 1,4285 |
| KRW | South Korean won | 1 374,34 |
| ZAR | South African rand | 19,2891 |
| CNY | Chinese yuan renminbi | 7,3229 |
| IDR | Indonesian rupiah | 16 320,55 |
| MYR | Malaysian ringgit | 4,7000 |
| PHP | Philippine peso | 59,075 |
| RUB | Russian rouble | |
| THB | Thai baht | 36,771 |
| BRL | Brazilian real | 5,5860 |
| MXN | Mexican peso | 19,9732 |
| INR | Indian rupee | 88,6415 |

Currency

Exchange rate

USD

US dollar

1,0700

JPY

Japanese yen

143,05

DKK

Danish krone

7,4515

GBP

Pound sterling

0,88825

SEK

Swedish krona

11,1400

CHF

Swiss franc

0,9885

ISK

Iceland króna

153,90

NOK

Norwegian krone

10,9193

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

23,666

HUF

Hungarian forint

380,58

PLN

Polish zloty

4,7600

RON

Romanian leu

4,9008

TRY

Turkish lira

20,1677

AUD

Australian dollar

1,5529

CAD

Canadian dollar

1,4356

HKD

Hong Kong dollar

8,3983

NZD

New Zealand dollar

1,7063

SGD

Singapore dollar

1,4285

KRW

South Korean won

1 374,34

ZAR

South African rand

19,2891

CNY

Chinese yuan renminbi

7,3229

IDR

Indonesian rupiah

16 320,55

MYR

Malaysian ringgit

4,7000

PHP

Philippine peso

59,075

RUB

Russian rouble

THB

Thai baht

36,771

BRL

Brazilian real

5,5860

MXN

Mexican peso

19,9732

INR

Indian rupee

88,6415

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

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| 16.2.2023 | EN | Official Journal of the European Union | C 57/5 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/5

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SUMMARY OF COMMISSION DECISION

of 12 July 2022

relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union

(CASE AT.40522-Metal packaging)

(notified under document number C(2022)4761 final

(Only the English text is authentic)

(2023/C 57/04)

On 12 July 2022, the Commission adopted a decision relating to a proceeding under Article 101 of the Treat on the Functioning of the European Union. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1)
  , the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | On 12 July 2022, the Commission adopted a Decision concluding that the addressees of this Decision participated in a single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union (‘the Treaty’) in the sector of metal packaging in Germany which lasted from 11 March 2011 until 18 September 2014. |
| --- | --- |

(1)

| (2) | The Decision is addressed to the following legal entities:






  (a) | Crown Holdings, Inc. and Crown Cork & Seal Deutschland Holdings GmbH (collectively referred to as ‘Crown’); |
| --- | --- | --- |

(2)

(a)

Crown Holdings, Inc. and Crown Cork & Seal Deutschland Holdings GmbH (collectively referred to as ‘Crown’);

| (b) | Silgan Holdings Inc., Silgan White Cap Manufacturing GmbH, Silgan Metal Packaging Distribution GmbH, Silgan Holdings Austria GmbH and Silgan International Holdings B.V. (collectively referred to as ‘Silgan’). |
| --- | --- |

(b)

Silgan Holdings Inc., Silgan White Cap Manufacturing GmbH, Silgan Metal Packaging Distribution GmbH, Silgan Holdings Austria GmbH and Silgan International Holdings B.V. (collectively referred to as ‘Silgan’).

| (3) | The undertakings involved in this case are also referred to as the ‘parties’ or, individually, ‘party’. |
| --- | --- |

(3)

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | The case was investigated by the Commission at the request of the Bundeskartellamt, the German Competition Authority. |
| --- | --- |

(4)

| (5) | In April 2018, the Commission conducted unannounced inspections and initiated proceedings against Crown and Silgan pursuant to Article 2(1) of Regulation (EC) No 773/2004. By Decision adopted on 1 October 2021, the proceedings were closed regarding all territories of the EEA with the exception of Germany. |
| --- | --- |

(5)

| (6) | Crown submitted a leniency application and cooperated with the Commission under the Leniency Notice. |
| --- | --- |

(6)

| (7) | Subsequently, Crown and Silgan submitted formal requests to settle the case to the Commission pursuant to Article 10a(2) of Regulation (EC) No 773/2004. In their settlement submissions, each party acknowledged its liability for the infringement and gave an indication of the maximum amount of the fine it expects to be imposed by the Commission, and which it would accept in the framework of a settlement procedure. |
| --- | --- |

(7)

| (8) | On 19 May 2022, the Commission issued a statement of objections addressed to the parties, who replied to the statement of objections by confirming that the facts and the legal assessment of the infringement as set out in the Decision reflect the contents of their settlement submissions and that they remained committed to following the settlement procedure. |
| --- | --- |

(8)

| (9) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 05 July 2022. On 8 July 2022, the Hearing Officer issued his final report. |
| --- | --- |

(9)

2.2.   Summary of the infringement

| (10) | The infringement consisted of






  a) | regular bilateral exchanges of the most recent past respective annual sales volumes (i.e. those of the previous year) –in terms of units sold- regarding the parties’s customers in Germany on the market for metal closures (leg I), and |
| --- | --- | --- |

(10)

a)

regular bilateral exchanges of the most recent past respective annual sales volumes (i.e. those of the previous year) –in terms of units sold- regarding the parties’s customers in Germany on the market for metal closures (leg I), and

| b) | in the context of the introduction in Germany of metal cans and metal closures coated with a (then) new Bisphenol A-free (BPA-free) lacquer (‘BPA-NI cand’ and ‘BPA-NI closures’), exchanges of information and views regarding their intention to impose a surcharge and to shorten the minimum durability recommendations made to fillers compared to BPA-containing lacquers (leg II). |
| --- | --- |

b)

in the context of the introduction in Germany of metal cans and metal closures coated with a (then) new Bisphenol A-free (BPA-free) lacquer (‘BPA-NI cand’ and ‘BPA-NI closures’), exchanges of information and views regarding their intention to impose a surcharge and to shorten the minimum durability recommendations made to fillers compared to BPA-containing lacquers (leg II).

| (11) | The overall aim of these exchanges was to create greater transparency on the German market. These contacts allowed the parties to obtain detailed data on the most recent past annual sales volumes (i.e. those of the previous year) of metal closures regarding their customers in Germany in the previous year, and to gain insight into some German trading conditions regarding BPA-NI metal cans and BPA-NI metal closures to customers in Germany. For metal closures, these exchanges of information removed uncertaintites about the other party’s customer base and its supplies to its customers, and for BPA-NI metal cans and BPA-NI metal closures about each other’s commercial conduct regarding trading parameters that were essential in the circumstances on the German market. Overall, this conduct enabled the parties to adapt their market behaviour and competitive efforts on the German market for BPA-NI metal cans and metal closures coated with BPA-free or BPA-containing lacquers. |
| --- | --- |

(11)

| (12) | The conduct took place in the form of meetings as well as phone calls and exchanges of emails. |
| --- | --- |

(12)

| (13) | Based on the evidence, leg 1 of the conduct started on 11 March 2011 and ended on 21 March 2014. Leg II of the conduct started at the latest on 18 April 2013 and ended on 18 September 2014. Thus, the overall conduct lasted from 11 March 2011 until 18 September 2014. |
| --- | --- |

(13)

| (14) | The decision considers the exchanges of information and coordination to be a single and continuous infringement of Article 101 of the Treaty and qualifies as a cartel. |
| --- | --- |

(14)

| (15) | The conduct concerns metal closures and BPA-NI metal cans supplied to customers in Germany. The geographic scope of the conduct is thus Germany. |
| --- | --- |

(15)

| (16) | Both legs of the infringement affected competition between the two parties on the entire territory of a Member State, that is to say Germany, which constitutes a substantial part of the internal market. The infringement was therefore capable of having an appreciable effect on trade between Member States within the meaning of Article 101(1) of the Treaty . |
| --- | --- |

(16)

2.3.   Addressees

| (17) | For the participation of Crown in the conduct, the following legal entities should be held jointly and severally liable:






  i) | Crown Holdings, Inc. |
| --- | --- | --- |

(17)

i)

Crown Holdings, Inc.

| ii) | Crown Cork & Seal Deutschland Holdings GmbH |
| --- | --- |

ii)

Crown Cork & Seal Deutschland Holdings GmbH

| (18) | For the participation of Silgan in the conduct, the following legal entities should be held jointly and severally liable:






  (a) | Silgan White Cap Manufacturing GmbH (as the successor of Silgan White Cap Deutschland GmbH); |
| --- | --- | --- |

(18)

(a)

Silgan White Cap Manufacturing GmbH (as the successor of Silgan White Cap Deutschland GmbH);

| (b) | Silgan Metal Packaging Distribution GmbH (as the successor of Silgan Metal Packaging Vertriebs GmbH); |
| --- | --- |

(b)

Silgan Metal Packaging Distribution GmbH (as the successor of Silgan Metal Packaging Vertriebs GmbH);

| (c) | Silgan Holdings Austria GmbH (as the parent of Silgan Metal Packaging Vertriebs GmbH at the time of the infringement); |
| --- | --- |

(c)

Silgan Holdings Austria GmbH (as the parent of Silgan Metal Packaging Vertriebs GmbH at the time of the infringement);

| (d) | Silgan International Holdings B.V. (as the parent of Silgan White Cap Deutschland GmbH at the time of the infringement); |
| --- | --- |

(d)

Silgan International Holdings B.V. (as the parent of Silgan White Cap Deutschland GmbH at the time of the infringement);

| (e) | Silgan Holdings Inc. (as the ultimate parent of the legal entities listed above (a) to (d)). |
| --- | --- |

(e)

Silgan Holdings Inc. (as the ultimate parent of the legal entities listed above (a) to (d)).

2.4.   Remedies

| (19) | The decision applies the 2006 Guidelines on Fines. |
| --- | --- |

(19)

2.4.1.   Basic amount of the fine

| (20) | The infringement concerns different products, which is reflected in the use of different values of sales for setting the fines for leg I and leg II of the infringement. For both legs of the infringement, the fines are based on the value of sales of the parties achieved in Germany in 2013, i.e. the last full business year of their participation in the infringement as follows. |
| --- | --- |

(20)

| (21) | Regarding leg I, the relevant value of sales for the calculation of the fine is that of sales of metal closures to customers in Germany in 2013. |
| --- | --- |

(21)

| (22) | Regarding leg II, the relevant value of sales for the calculation of the fine is that of sales of metal closures and metal cans to customers in Germany in 2013. However, due to the specific circumstances of this case, it is appropriate to take into account only a proportion of these sales for the calculation of the fines. Leg II concerns the transition from metal closures and metal cans coated with traditional (those containing BPA) lacquers to products coated with BPA-free lacquers. During the period of leg II of the infringement, sales of BPA-NI metal closures and BPA-NI metal cans were gradually growing and represented a limited percentage of the metal closures and cans sold to customers in Germany. The Commission considers that [...]% of the 2013 value of sales made with metal cans, and [...]% of the 2013 value of sales made with metal closures is an appropriate proxy for the relevant value of sales for leg II. |
| --- | --- |

(22)

| (23) | A cartel is, by its very nature, among the most harmful restrictions of competition. Cartels generally warrant a starting percentage of at least 15 %. Further, the Commission takes into account that this was a multi-faceted cartel. The proportion of the value of sales to be taken into account is 16 %. |
| --- | --- |

(23)

| (24) | For leg I, the duration taken into account is that of 1 107 days (multiplier 3,03). For leg II, the relevant duration and multipliers are as follows: | Duration (days) | Multiplier |
| --- | --- | --- | --- |
| ‘Closures’ | 181 | 0,49 |
| ‘Cans’ | 519 | 1,42 |

(24)

Duration (days)

Multiplier

‘Closures’

181

0,49

‘Cans’

519

1,42

| (25) | The Commission applies a percentage of 16 % of the value of sales for the purposes of calculating the additional amount (‘entry fee’). |
| --- | --- |

(25)

2.4.2.   Adjustments to the basic amount

| (26) | No aggravating or mitigating circumstances were found. |
| --- | --- |

(26)

2.4.3.   Application of the 10 % turnover limit

| (27) | None of the fines calculated for any of the parties exceeds 10 % of the undertaking’s total turnover in 2021. |
| --- | --- |

(27)

2.4.4.   Application of the 2006 Leniency Notice: reduction of fines

| (28) | Crown was the first undertaking to provide with its leniency application important new evidence as well as corroborating information. A reduction of the fine of 50 % is granted to Crown. |
| --- | --- |

(28)

2.4.5.   Application of the Settlement Notice

| (29) | In application of the Settlement Notice, the amount of the fines imposed on each party were further reduced by 10 %. |
| --- | --- |

(29)

3.   CONCLUSION

| (30) | The Commission imposes a fine of EUR 7 670 000 upon Crown and of EUR 23 852 000 on Silgan. |
| --- | --- |

(30)

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(1)  OJ L 1, 4.1.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (OJ L 68, 6.3.2004, p. 1).

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| 16.2.2023 | EN | Official Journal of the European Union | C 57/9 |
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16.2.2023

EN

Official Journal of the European Union

C 57/9

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Final Report of the Hearing Officer (1)

Case AT.40522 – Metal Packaging

(2023/C 57/05)

The draft decision, addressed to ‘Crown’ (2) and ‘Silgan’ (3) (together, ‘the Parties’), concerns a single and continuous infringement of Article 101 TFEU in the German market of metal packaging that lasted from 11 March 2011 to 18 September 2014. The infringement in question consisted of (i) regular bilateral information exchanges of the most recent past annual sales figures regarding the Parties’ customers in Germany on the market for metal closures (4); and (ii) exchanges of information and coordination regarding surcharges and shortening of best-before dates for metal cans (5) and metal closures coated with a new, Bisphenol A-free lacquer supplied by the Parties to customers in Germany.

On 19 April 2018, the Commission initiated proceedings pursuant to Article 2(1) of Commission Regulation (EC) No 773/2004 (6) against Crown Holdings Inc., Crown Cork & Seal Deutschland Holdings GmbH, and Silgan Holdings Inc (7).

Following settlement discussions (8) and settlement submissions (9) in accordance with Article 10a(2) of Regulation (EC) No 773/2004, the Commission adopted a statement of objections (the ‘Statement of Objections’) addressed to the Parties on 19 May 2022.

In their respective replies to the Statement of Objections, the Parties confirmed, pursuant to Article 10a(3) of Regulation (EC) No 773/2004, that the Statement of Objections reflected the contents of their settlement submissions and that they therefore remained committed to following the settlement procedure.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the Parties have been afforded the opportunity of making known their views. I conclude that it does so.

In view of the above, and taking into account that the Parties have not addressed any requests or complaints to me pursuant to Article 15(2) of Decision 2011/695/EU, (10) I consider that the effective exercise of the procedural rights of the Parties to the proceedings in this case has been respected.

Brussels, 12 July 2022.

Eric GIPPINI FOURNIER

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(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

1

(2)  The relevant legal entities are Crown Holdings Inc. and Crown Cork & Seal Deutschland Holdings GmbH.

2

(3)  The relevant legal entities are Silgan White Cap Manufacturing GmbH, Silgan Metal Packaging Distribution GmbH, Silgan Holdings Austria GmbH, Silgan International Holdings B.V. and Silgan Holdings Inc. (the latter being the ultimate parent company of all above entities).

3

(4)  That is, screw caps used to close or seal glass jars and bottles to be filled with foodstuffs (solid or liquid) for human or pet consumption by means of a twist lock mechanism.

4

(5)  In particular, metal cans coated with Bisphenol A-free lacquers used by food manufacturers to be filled with foodstuffs (solid or liquid) for human or pet consumption.

5

(6)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty( OJ L 123, 27.4.2004, p. 18).

6

(7)  By decision adopted on 1 October 2021, the proceedings against these legal entities were closed regarding all territories of the EEA with the exception of Germany. Moreover, on 18 March 2022, the Commission initiated proceedings against the four subsidiaries of Silgan Holdings Inc. referred above (see footnote 3), as regards Germany.

7

(8)  The settlement meetings took place between May 2021 and March 2022.

8

(9)  The Parties submitted their formal requests to settle between [...].

9

(10)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

10

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| 16.2.2023 | EN | Official Journal of the European Union | C 57/10 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/10

---

Opinion Of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 5 July 2022 concerning a Draft Decision in Case AT.40522 – Metal Packaging

Meeting by Audio Conference – via ‘Skype for Business’

Rapporteur: The Netherlands

(2023/C 57/06)

1.

The Advisory Committee (9 Member States) agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU.

2.

The Advisory Committee (9 Member States) agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU.

3.

The Advisory Committee (9 Member States) agrees with the Commission that the agreement and/or concerted practice was capable of appreciably affecting trade between the Member States of the EU.

4.

The Advisory Committee (9 Member States) agrees with the Commission’s assessment as regards the duration of the infringement.

5.

The Advisory Committee (9 Member States) agrees with the Commission that fines should be imposed on the addressees of the draft decision.

6.

The Advisory Committee (9 Member States) agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003. 8 Member States voted in favour. 1 Member State voted against.

7.

The Advisory Committee (9 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice and on the 2008 Settlement Notice.

8.

The Advisory Committee (9 Member States) agrees with the Commission on the final amounts of the fines.

9.

The Advisory Committee (9 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 16.2.2023 | EN | Official Journal of the European Union | C 57/11 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/11

---

Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese dioxides originating in the People’s Republic of China

(2023/C 57/07)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of certain manganese dioxides, originating in the People’s Republic of China (‘the PRC’ or ‘the country concerned’), are being dumped and are thereby causing injury (2) to the Union industry.

1.   Complaint

The complaint was lodged on 3 January 2023 by AUTLAN EMD SL (‘the complainant’). The complaint was made by the Union industry of certain manganese dioxides in the sense of Article 5(4) of the basic Regulation.

An open version of the complaint and the analysis of the degree of support by Union producers for the complaint are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.

2.   Product under investigation

The product subject to this investigation is electrolytic manganese dioxides (namely manganese dioxides produced through an electrolytic process) not heat-treated after the electrolytic process (‘the product under investigation’).

All interested parties wishing to submit information on the product scope must do so within 10 days of the date of publication of this Notice (3).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China, currently classified under CN code ex 2820 10 00 (TARIC code 2820100010). The CN and TARIC codes are given for information only, without prejudice to a subsequent change in the tariff classification. The scope of this investigation is subject to the definition of the product under investigation as contained in Section 2.

The complainant claimed that it is not appropriate to use domestic prices and costs in the country concerned, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.

To substantiate the allegations of significant distortions, the complainant relied on the information contained in the country report produced by the Commission services on 20 December 2017 describing the specific market circumstances in the PRC (4). In particular, the complainant claimed that the production and sale of the product under investigation appears to be affected by the factors mentioned, inter alia, in the chapters on land, energy, capital, labour and chemical sector of the report. In addition, the complainant relied on publicly available information, in particular the Outline of the People’s Republic of China 14th Five-Year Plan for National Economic and Social Development and Long-Range Objectives for 2035, the findings of the Japanese authorities in their most recent review of the anti-dumping measures on the same product originating in the PRC (5) and the Commission’s findings in the most recent anti-dumping investigation targeting another chemical product, sodium cyclamate (6).

As a result, in view of Article 2(6a)(a) of the basic Regulation, the allegation of dumping is based on a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or benchmarks, with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

The dumping margins calculated on the basis of this comparison are significant for the country concerned.

The country report is available in the file for inspection by interested parties and on DG Trade’s website (7).

4.   Allegation of injury and causation

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

The 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 market share held and the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance and the financial 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 of dumping and injury 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 country 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 in the Union interest under Article 21 of the basic Regulation.

The Commission also draws the attention of the parties to the published Notice (8) on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

5.1.   
  Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 January 2022 to 31 December 2022 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2019 to the end of the investigation period (‘the period considered’).

5.2.   
  Comments on the complaint and the initiation of the investigation

All interested parties wishing to comment on the complaint (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the complaint) must do so within 37 days of the date of publication of this Notice.

Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.

5.3.   
  Procedure for the determination of dumping

Exporting producers (9) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.3.1.   Investigating exporting producers

(a)   Sampling

In view of the potentially large number of exporting producers in the country 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 requested to provide the Commission with information on their company(ies) within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi (‘TRON’) at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/AD692_SAMPLING_FORM_FOR_EXPORTING_PRODUCER. TRON access information can be found in sections 5.6 and 5.8 below.

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

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 country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

Once the Commission has received the necessary information to select a sample of exporting producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled exporting producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

The Commission will add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2656

The questionnaire will also be made available to any known association of exporting producers, and to the authorities of that country.

Without prejudice to the possible application of Article 18 of the basic Regulation, exporting producers that have agreed to be included in the sample but are not selected as part of the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section 5.3.1(b), 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 (10).

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

Pursuant to Article 17(3) of the basic Regulation, non-sampled cooperating exporting producers may request the Commission to establish their individual dumping margins. Exporting producers wishing to claim an individual dumping margin must fill in the questionnaire and return it duly completed within 30 days of the date of notification of the sample selection, unless otherwise specified. A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2656. The Commission will examine whether non-sampled cooperating exporting producers can be granted an individual duty in accordance with Article 9(5) of the basic Regulation.

However, non-sampled cooperating 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 non-sampled cooperating exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.3.2.   Additional procedure with regard to the country concerned subject to significant distortions

In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9) of the basic Regulation tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in the country concerned is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Regulation.

Subject to the provisions of this Notice, all interested parties are invited to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

In particular, the Commission invites all interested parties to make their views known on the inputs and the Harmonised System (HS) codes provided in the complaint, propose (an) appropriate representative country(ies) and provide the identity of producers of the product under investigation in those countries. This information and supporting evidence must reach the Commission within 15 days of the date of publication of this Notice.

Pursuant to point (e) of Article 2(6a) of the basic Regulation, the Commission will shortly after initiation inform parties to the investigation about the relevant sources, including, where appropriate, the selection of an appropriate representative third country that it intends to use for the purpose of determining normal value pursuant to Article 2(6a) by means of a note to the file for inspection by interested parties. Parties to the investigation will be given 10 days to comment on the note, in accordance with point (e) of Article 2(6a).

With the aim of finally selecting the appropriate representative third country, the Commission will examine whether those third countries have a similar level of economic development as that of the country concerned, whether there is production and sales of the product under investigation in those third countries and whether relevant data are readily available. Where there is more than one representative third country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection. According to the information available to the Commission, a possible appropriate representative third country is Colombia.

In the context of this exercise, the Commission invites all producers in the country concerned to provide information on the materials (raw and processed) and energy used in the production of the product under investigation within 15 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/AD692_INFO_ON_INPUTS_FOR_EXPORTING_PRODUCER_FORM. TRON access information can be found in sections 5.6 and 5.8 below.

Furthermore, any submissions of factual information to value costs and prices pursuant to point (a) of Article 2(6a) of the basic Regulation must be filed within 65 days of the date of publication of this Notice. Such factual information should be taken exclusively from public sources which are readily available.

5.3.3.   Investigating unrelated importers (11) (12)

Unrelated importers of the product under investigation from the country 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 requested to provide the Commission with the information on their company(ies) requested in the Annex to this Notice within 7 days of the date of publication of 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.

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.

Once the Commission has received the necessary information to select a sample, it will inform the parties concerned of its decision on the sample of importers. The Commission will also add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days from the notification of the sample decision.

In order to obtain information it deems necessary for its investigation, the Commission will make available questionnaires to the sampled unrelated importers. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the decision about the sample, unless otherwise specified.

A copy of the questionnaire for importers is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2656

5.4.   
  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 order to obtain information it deems necessary for its investigation with regard to Union producers, the Commission will make available questionnaires to the known Union producers or/and associations of Union producers, namely to: AUTLAN EMD SL and Tosoh Hellas Single Member S.A..

The aforementioned Union producers must submit the completed questionnaire within 37 days of the date of publication of this Notice, unless otherwise specified.

Union producers and representative associations not listed above are invited to contact the Commission, preferably by email, immediately but no later than 7 days after the publication of this Notice, unless otherwise specified, in order to make themselves known and request a questionnaire.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2656

5.5.   
  Procedure for the assessment of Union interest

Should the existence of dumping and injury caused 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 in the Union interest. Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations are invited to provide the Commission with information as to whether the imposition of measures is not in the Union interest. In order to participate in the investigation, the representative consumer organisations have to demonstrate that there is an objective link between their activities and the product under investigation.

Information concerning the assessment of Union interest must be provided within 37 days of the date of publication of this Notice unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. A copy of the questionnaires, including the questionnaire for users of the product under investigation, is available in the file for inspection by interested parties and on DG Trade’s website https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2656. The information submitted pursuant to Article 21 of the basic Regulation will only be taken into account if supported by factual evidence at the time of submission.

5.6.   
  Interested parties

In order to participate in the investigation interested parties, such as exporting producers, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations must demonstrate that there is an objective link between their activities and the product under investigation.

Exporting producers, Union producers, importers and representative associations who made information available in accordance with the procedures described in sections 5.3.1, 5.3.3 and 5.4 above will be considered as interested parties if there is an objective link between their activities and the product under investigation.

Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under investigation. Being considered as an interested party is without prejudice to the application of Article 18 of the basic Regulation.

Access to the file available for inspection for interested parties is made via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access (13) .

5.7.   
  Possibility to be heard by the Commission investigation services

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

Any request for a hearing must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

The timeframe for hearings is as follows:

| — | For any hearings to take place before the deadline for the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice. The hearing will normally take place within 60 days of the date of publication of this Notice. |
| --- | --- |

—

For any hearings to take place before the deadline for the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice. The hearing will normally take place within 60 days of the date of publication of this Notice.

| — | After the stage of provisional findings, a request should be made within 5 days from the date of the disclosure of the provisional findings or of the information document. The hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document. |
| --- | --- |

—

After the stage of provisional findings, a request should be made within 5 days from the date of the disclosure of the provisional findings or of the information document. The hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document.

| — | At the stage of definitive findings, a request should be made within 3 days from the date of the final disclosure. The hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure. The hearing will then normally take place within the deadline to provide comments on this disclosure. |
| --- | --- |

—

At the stage of definitive findings, a request should be made within 3 days from the date of the final disclosure. The hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure. The hearing will then normally take place within the deadline to provide comments on this disclosure.

The outlined timeframe is without prejudice to the right of the Commission services to accept hearings outside the timeframe in duly justified cases and to the right of the Commission to deny hearings in duly justified cases. Where the Commission services refuse a hearing request, the party concerned will be informed of the reasons for such refusal.

In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.

5.8.   
  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 the Commission a) 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 ‘Sensitive’ (14). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Sensitive’ 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’. Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.

If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI) including requests to be registered as interested parties, scanned powers of attorney and certification sheets. By using TRON.tdi or 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 DG Trade: https://europa.eu/!7tHpY3. 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 TRON.tdi or 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 via TRON.tdi and 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 G |
| Office: CHAR 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: TRADE-AD692-EMD-DUMPING@ec.europa.eu or TRADE-AD692-EMD-INJURY@ec.europa.eu

6.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation within normally 13, but not more than 14 months of the date of the publication of this Notice. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed normally not later than 7 months, but in any event not later than 8 months from the publication of this Notice.

In accordance with Article 19a of the basic Regulation, the Commission will provide information on the planned imposition of provisional duties 4 weeks before the imposition of provisional measures. Interested parties will be given 3 working days to comment in writing on the accuracy of the calculations.

In cases where the Commission intends not to impose provisional duties but to continue the investigation, interested parties will be informed, by means of an information document, of the non-imposition of duties 4 weeks before the expiry of the deadline under Article 7(1) of the basic Regulation.

Interested parties will be given 15 days to comment in writing on the provisional findings or on the information document, and 10 days to comment in writing on the definitive findings, unless otherwise specified. Where applicable, additional final disclosures will specify the deadline for interested parties to comment in writing.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in sections 5 and 6 of this Notice. The submission of any other information not covered by those sections, should respect the following timetable:

| — | Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified. |
| --- | --- |

—

Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified.

| — | Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the disclosure of the provisional findings or the information document at the stage of provisional findings. After this deadline, interested parties may only submit new factual information if they can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner. |
| --- | --- |

—

Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the disclosure of the provisional findings or the information document at the stage of provisional findings. After this deadline, interested parties may only submit new factual information if they can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner.

| — | In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure. |
| --- | --- |

—

In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure.

8.   Possibility to comment on other parties’ submissions

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties’ submissions and may not raise new issues.

Such comments should be made according to the following timeframe:

| — | Any comment on information submitted by other interested parties before the deadline of imposition of provisional measures should be made at the latest on day 75 from the date of publication of this Notice, unless otherwise specified. |
| --- | --- |

—

Any comment on information submitted by other interested parties before the deadline of imposition of provisional measures should be made at the latest on day 75 from the date of publication of this Notice, unless otherwise specified.

| — | Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified. |
| --- | --- |

—

Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified.

| — | Comments on the information provided by other interested parties in reaction to the final disclosure should be submitted within 3 days from the deadline to comment on the final disclosure, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this disclosure should be made within 1 day from the deadline to comment on this disclosure, unless otherwise specified. |
| --- | --- |

—

Comments on the information provided by other interested parties in reaction to the final disclosure should be submitted within 3 days from the deadline to comment on the final disclosure, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this disclosure should be made within 1 day from the deadline to comment on this disclosure, unless otherwise specified.

The outlined timeframe is without prejudice to the Commission's right to request additional information from interested parties in duly justified cases.

9.   Extension to time limits specified in this Notice

Any extension to the time limits provided for in this Notice should only be requested in exceptional circumstances and will only be granted if duly justified upon good cause being shown.

In any event, any extension to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days.

Regarding time limits for the submission of other information specified in the Notice of Initiation, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

10.   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. In this case the interested party should immediately contact the Commission.

11.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

The Hearing Officer may organise hearings and mediate between the interested party or parties and the Commission services 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. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in due course.

Interested parties are invited to follow the timeframes set out in section 5.7 of this Notice also as regards interventions, including hearings, by the Hearing Officer. Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. The Hearing Officer will examine the reasons for requests for interventions, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

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

12.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (15).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s website: https://europa.eu/!vr4g9W

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(1)  OJ L 176, 30.6.2016, p. 21.

(2)  The general term ‘injury’ refers to material injury as well as to threat of material injury or material retardation of the establishment of an industry as set out in Article 3(1) of the basic Regulation.

(3)  References to the publication of this Notice mean publication of this Notice in the Official Journal of the European Union.

(4)  Commission Staff Working Document, on Significant Distortions in the Economy of the People's Republic of China for the Purposes of Trade Defence Investigations, 20 December 2017, SWD(2017) 483 final/2. The country report is available in the file for inspection by interested parties and on DG Trade’s website (https://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf). Documents cited in the country report may also be obtained upon a duly reasoned request.

(5)  Investigation result report on the investigation announced in the matter of the commencement of the investigation prescribed in Article 8, Paragraph 27 of the Customs Tariff Law concerning electrolytic manganese dioxide produced in the People's Republic of China (Ministry of Finance Notification No. 114, 18 April 2018, available (in Japanese language only) at https://www.meti.go.jp/policy/external_economy/trade_control/boekikanri/trade-remedy/investigation/EMD/data/190214_houkousho.pdf).

(6)  Commission Implementing Regulation (EU) 2022/1924 of 10 October 2022 imposing a definitive anti-dumping duty on imports of sodium cyclamate originating in the People’s Republic of China and Indonesia following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 264, 11.10.2022, p. 12).

(7)  Documents cited in the country report may also be obtained upon a duly reasoned request.

(8)  On the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (OJ C 86, 16.3.2020, p. 6).

(9)  An exporting producer is any company in the country 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.

(10)  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.

(11)  This section covers only importers not related to exporting producers. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party 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 control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). 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. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ''person'' means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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

(13)  In case of technical problems please contact the Trade Service Desk by email trade-service-desk@ec.europa.eu or by telephone +32 22979797.

(14)  A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). 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).

(15)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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ANNEX

| ☐ | ‘Sensitive’ version |
| --- | --- |
| ☐ | Version ‘For inspection by interested parties’ |
| (tick the appropriate box) |

☐

‘Sensitive’ version

☐

Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN MANGANESE DIOXIDES ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3.3. of the notice of initiation.

Both the Sensitive version and the version For inspection by interested parties should be returned to the Commission as set out in the notice of initiation.

1.   IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

| Company name | |
| --- | --- |
| Address | |
| Contact person | |
| Email address | |
| Telephone | |

Company name

Address

Contact person

Email address

Telephone

2.   TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, the value in euros (EUR) and volume in tonnes for imports and resales on the Union market after importation from the People’s Republic of China, during the investigation period, of the product under investigation as defined in the notice of initiation.

| | Tonnes | Value in euros (EUR) |
| --- | --- | --- |
| Total turnover of your company in euros (EUR) | | |
| Imports of the product under investigation originating in the People’s Republic of China | | |
| Imports of the product under investigation (all origins) | | |
| Resales on the Union market after importation from the People’s Republic of China of the product under investigation | | |

Tonnes

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under investigation originating in the People’s Republic of China

Imports of the product under investigation (all origins)

Resales on the Union market after importation from the People’s Republic of China of the product under investigation

3.   ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under investigation. Such activities could include but are not limited to purchasing the product under investigation, producing it under sub-contracting arrangements, or processing or trading it.

| Company name and location | Activities | Relationship |
| --- | --- | --- |
| | | |
| | | |
| | | |

Company name and location

Activities

Relationship

4.   OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5.   CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

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(1)  In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party 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 control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). 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. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 16.2.2023 | EN | Official Journal of the European Union | C 57/23 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/23

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Prior notification of a concentration

(Case M.10834 – AGROFERT / BOREALIS NITRO)

(Text with EEA relevance)

(2023/C 57/08)

1.

This notification concerns the following undertakings:

| — | AGROFERT, a.s. (‘AGROFERT’, Czechia), owned by two private trusts incorporated pursuant to Czech law, |
| --- | --- |

—

AGROFERT, a.s. (‘AGROFERT’, Czechia), owned by two private trusts incorporated pursuant to Czech law,

| — | Borealis Nitro, currently controlled by OMV Aktiengesellschaft (‘OMV’, Austria); consisting of Borealis Chimie S.A.S (France); Borealis Produits et Engrais Chimiques du Rhin S.A.S. (PEC Rhin, France), Borealis L.A.T France S.A.S. (France), Borealis Agrolinz Melamine Deutschland GmbH (Germany), Borealis Agrolinz Melamine GmbH (Austria), Borealis L.A.T GmbH (Austria), Feboran EOOD (Bulgaria), and Borealis L.A.T Italia s.r.l. (Italy). |
| --- | --- |

—

Borealis Nitro, currently controlled by OMV Aktiengesellschaft (‘OMV’, Austria); consisting of Borealis Chimie S.A.S (France); Borealis Produits et Engrais Chimiques du Rhin S.A.S. (PEC Rhin, France), Borealis L.A.T France S.A.S. (France), Borealis Agrolinz Melamine Deutschland GmbH (Germany), Borealis Agrolinz Melamine GmbH (Austria), Borealis L.A.T GmbH (Austria), Feboran EOOD (Bulgaria), and Borealis L.A.T Italia s.r.l. (Italy).

AGROFERT will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Borealis Nitro.

The concentration is accomplished by way of purchase of shares announced on 2 June 2022.

2.

| — | AGROFERT is active in, among others, the agricultural, food and chemical industries. Its chemical division includes the production of fertilisers and technical nitrogen products, |
| --- | --- |

—

AGROFERT is active in, among others, the agricultural, food and chemical industries. Its chemical division includes the production of fertilisers and technical nitrogen products,

| — | Borealis Nitro is the fertiliser, technical nitrogen and melamine business unit of the Borealis Group. Borealis Nitro supplies various forms of nitrogen fertilisers, both to farmers directly and wholesalers or retailers. |
| --- | --- |

—

Borealis Nitro is the fertiliser, technical nitrogen and melamine business unit of the Borealis Group. Borealis Nitro supplies various forms of nitrogen fertilisers, both to farmers directly and wholesalers or retailers.

3.

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

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10834 – AGROFERT / BOREALIS NITRO

Observations can be sent to the Commission by email or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Postal 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

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

1

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| 16.2.2023 | EN | Official Journal of the European Union | C 57/25 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/25

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Prior notification of a concentration

(Case M.10990 – WESTCOAST / KOMSA)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 57/09)

1.

This notification concerns the following undertakings:

| — | Westcoast (Holdings) Limited (‘Westcoast’, United Kingdom), belonging to Westcoast Group Holdings Limited (‘Westcoast Group’), |
| --- | --- |

—

Westcoast (Holdings) Limited (‘Westcoast’, United Kingdom), belonging to Westcoast Group Holdings Limited (‘Westcoast Group’),

| — | KOMSA AG (‘KOMSA’, Germany), controlled by DEROSSI Invest GmbH, Germany. |
| --- | --- |

—

KOMSA AG (‘KOMSA’, Germany), controlled by DEROSSI Invest GmbH, Germany.

| — | Westcoast will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of KOMSA. |
| --- | --- |

—

Westcoast will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of KOMSA.

The concentration is accomplished by way of purchase of shares.

2.

| — | Westcoast is an international distributor of IT and telecommunications software and hardware products, consumer electronics and a provider of related business, logistics and marketing services, |
| --- | --- |

—

Westcoast is an international distributor of IT and telecommunications software and hardware products, consumer electronics and a provider of related business, logistics and marketing services,

| — | KOMSA is an international distributor of IT and telecommunications software and hardware products and consumer electronics. In particular, it distributes smartphones, tablets, smartwatches, a variety of accessories, phone systems, headsets, smart home systems and e-mobility products. |
| --- | --- |

—

KOMSA is an international distributor of IT and telecommunications software and hardware products and consumer electronics. In particular, it distributes smartphones, tablets, smartwatches, a variety of accessories, phone systems, headsets, smart home systems and e-mobility products.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10990 – WESTCOAST / KOMSA

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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| 16.2.2023 | EN | Official Journal of the European Union | C 57/26 |
| --- | --- | --- | --- |

16.2.2023

EN

Official Journal of the European Union

C 57/26

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Notice of a request concerning the applicability of Article 34 of Directive 2014/25/EU

Request made by a Contracting Entity

(2023/C 57/10)

On 6 January 2023 the Commission received a request pursuant to Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1). The request has been submitted by Lietuvos paštas, AB. The first working day following receipt of the request is 9 January 2023.

This request concerns activities relating to the provision of express parcel delivery services in Lithuania.

Article 34 of Directive 2014/25/EU provides that ‘contracts intended to enable an activity mentioned in Articles 8 to 14 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 35 can demonstrate that, in the Member State in which it is performed, the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive’. The assessment of direct exposure to competition that can be carried out in the context of Directive 2014/25/EU is without prejudice to the full-fledged application of competition law.

The Commission is allowed a period of 105 (2) working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 14 June 2023.

According to Article 35(5) of Directive 2014/25/EU, further requests concerning the same activities in Lithuania submitted before the expiry of the period opened in respect of this request shall not be considered as new procedures and shall be treated in the context of this request.

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(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

(2)  Pursuant to paragraph 1a of Annex IV to Directive 2014/25/EU in combination with the second subparagraph of said paragraph 1.

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