# Official Journal C 434/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 434 |
| | |
| English edition | Information and Notices | Volume 574 December 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 434

English edition

Information and Notices

Volume 574 December 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 434/01 | Euro exchange rates | 1 |
| | Court of Auditors |
| 2014/C 434/02 | Special Report No 17/2014 Can the EU’s Centres of Excellence initiative contribute effectively to mitigating chemical, biological, radiological and nuclear risks from outside the EU? | 2 |
| | NOTICES FROM MEMBER STATES |
| 2014/C 434/03 | Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) | 3 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2014/C 434/04 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty) (General Block Exemption Regulation) | 5 |
| 2014/C 434/05 | State aid — Decision to raise no objections | 7 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 434/01

Euro exchange rates

1

Court of Auditors

2014/C 434/02

Special Report No 17/2014 Can the EU’s Centres of Excellence initiative contribute effectively to mitigating chemical, biological, radiological and nuclear risks from outside the EU?

2

NOTICES FROM MEMBER STATES

2014/C 434/03

Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

3

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2014/C 434/04

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty) (General Block Exemption Regulation)

5

2014/C 434/05

State aid — Decision to raise no objections

7

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2014/C 434/06 | Notice of open competition | 8 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2014/C 434/07 | Notice of initiation of an anti-dumping proceeding concerning imports of tartaric acid originating in the People’s Republic of China, limited to one Chinese exporting producer, Hangzhou Bioking Biochemical Engineering Co. Ltd | 9 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 434/08 | Prior notification of a concentration (Case M.7403 — CSSC Investment/Wärtsilä Dutch Holding/Wärtsilä Switzerland) — Candidate case for simplified procedure (
  1
  ) | 16 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2014/C 434/06

Notice of open competition

8

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2014/C 434/07

Notice of initiation of an anti-dumping proceeding concerning imports of tartaric acid originating in the People’s Republic of China, limited to one Chinese exporting producer, Hangzhou Bioking Biochemical Engineering Co. Ltd

9

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 434/08

Prior notification of a concentration (Case M.7403 — CSSC Investment/Wärtsilä Dutch Holding/Wärtsilä Switzerland) — Candidate case for simplified procedure (
  1
  )

1

16

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

---

(1)   Text with EEA relevance

1

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

EN

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 4.12.2014 | EN | Official Journal of the European Union | C 434/1 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/1

---

Euro exchange rates (1)

3 December 2014

(2014/C 434/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2331 |
| JPY | Japanese yen | 147,20 |
| DKK | Danish krone | 7,4411 |
| GBP | Pound sterling | 0,78620 |
| SEK | Swedish krona | 9,2713 |
| CHF | Swiss franc | 1,2032 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,6560 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,623 |
| HUF | Hungarian forint | 306,72 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1598 |
| RON | Romanian leu | 4,4268 |
| TRY | Turkish lira | 2,7572 |
| AUD | Australian dollar | 1,4620 |
| CAD | Canadian dollar | 1,4034 |
| HKD | Hong Kong dollar | 9,5597 |
| NZD | New Zealand dollar | 1,5884 |
| SGD | Singapore dollar | 1,6149 |
| KRW | South Korean won | 1 373,85 |
| ZAR | South African rand | 13,7793 |
| CNY | Chinese yuan renminbi | 7,5752 |
| HRK | Croatian kuna | 7,6755 |
| IDR | Indonesian rupiah | 15 167,74 |
| MYR | Malaysian ringgit | 4,2505 |
| PHP | Philippine peso | 55,018 |
| RUB | Russian rouble | 65,3750 |
| THB | Thai baht | 40,511 |
| BRL | Brazilian real | 3,1534 |
| MXN | Mexican peso | 17,3620 |
| INR | Indian rupee | 76,2179 |

Currency

Exchange rate

USD

US dollar

1,2331

JPY

Japanese yen

147,20

DKK

Danish krone

7,4411

GBP

Pound sterling

0,78620

SEK

Swedish krona

9,2713

CHF

Swiss franc

1,2032

ISK

Iceland króna

NOK

Norwegian krone

8,6560

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,623

HUF

Hungarian forint

306,72

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1598

RON

Romanian leu

4,4268

TRY

Turkish lira

2,7572

AUD

Australian dollar

1,4620

CAD

Canadian dollar

1,4034

HKD

Hong Kong dollar

9,5597

NZD

New Zealand dollar

1,5884

SGD

Singapore dollar

1,6149

KRW

South Korean won

1 373,85

ZAR

South African rand

13,7793

CNY

Chinese yuan renminbi

7,5752

HRK

Croatian kuna

7,6755

IDR

Indonesian rupiah

15 167,74

MYR

Malaysian ringgit

4,2505

PHP

Philippine peso

55,018

RUB

Russian rouble

65,3750

THB

Thai baht

40,511

BRL

Brazilian real

3,1534

MXN

Mexican peso

17,3620

INR

Indian rupee

76,2179

---

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

---

Court of Auditors

| 4.12.2014 | EN | Official Journal of the European Union | C 434/2 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/2

---

Special Report No 17/2014 ‘Can the EU's Centres of Excellence initiative contribute effectively to mitigating chemical, biological, radiological and nuclear risks from outside the EU?’

(2014/C 434/02)

The European Court of Auditors hereby informs you that Special Report No 17/2014 ‘Can the EU's Centres of Excellence initiative contribute effectively to mitigating chemical, biological, radiological and nuclear risks from outside the EU?’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu

A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Publications (PUB) |
| 12, rue Alcide De Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: eca-info@eca.europa.eu |

European Court of Auditors

Publications (PUB)

12, rue Alcide De Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: eca-info@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

---

NOTICES FROM MEMBER STATES

| 4.12.2014 | EN | Official Journal of the European Union | C 434/3 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/3

---

Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1)

(2014/C 434/03)

The publication of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), is based on the information communicated by the Member States to the Commission in accordance with Article 34 of the Schengen Borders Code.

In addition to the publication in the Official Journal, a monthly update is available on the website of the Directorate-General for Home Affairs.

ESTONIA

Replacement of the information published in OJ C 57, 28.2.2014.

Under Estonian law, aliens arriving into Estonia without a letter of invitation, shall upon request by a border guard official upon entry into the country provide proof of sufficient monetary means to cover the costs of his/her stay in and departure from Estonia. Sufficient monetary means for each allowed day is considered to be 0,2 times the monthly minimum salary implemented by the Government of the Republic, i.e. EUR 78.

Otherwise the person inviting shall assume responsibility for the costs of the alien’s stay in and departure from Estonia.

List of previous publications

| | OJ C 247, 13.10.2006, p. 19. |
| --- | --- |

OJ C 247, 13.10.2006, p. 19.

| | OJ C 153, 6.7.2007, p. 22. |
| --- | --- |

OJ C 153, 6.7.2007, p. 22.

| | OJ C 182, 4.8.2007, p. 18. |
| --- | --- |

OJ C 182, 4.8.2007, p. 18.

| | OJ C 57, 1.3.2008, p. 38. |
| --- | --- |

OJ C 57, 1.3.2008, p. 38.

| | OJ C 134, 31.5.2008, p. 19. |
| --- | --- |

OJ C 134, 31.5.2008, p. 19.

| | OJ C 37, 14.2.2009, p. 8. |
| --- | --- |

OJ C 37, 14.2.2009, p. 8.

| | OJ C 35, 12.2.2010, p. 7. |
| --- | --- |

OJ C 35, 12.2.2010, p. 7.

| | OJ C 304, 10.11.2010, p. 5. |
| --- | --- |

OJ C 304, 10.11.2010, p. 5.

| | OJ C 24, 26.1.2011, p. 6. |
| --- | --- |

OJ C 24, 26.1.2011, p. 6.

| | OJ C 157, 27.5.2011, p. 8. |
| --- | --- |

OJ C 157, 27.5.2011, p. 8.

| | OJ C 203, 9.7.2011, p. 16. |
| --- | --- |

OJ C 203, 9.7.2011, p. 16.

| | OJ C 11, 13.1.2012, p. 13. |
| --- | --- |

OJ C 11, 13.1.2012, p. 13.

| | OJ C 72, 10.3.2012, p. 44. |
| --- | --- |

OJ C 72, 10.3.2012, p. 44.

| | OJ C 199, 7.7.2012, p. 8. |
| --- | --- |

OJ C 199, 7.7.2012, p. 8.

| | OJ C 298, 4.10.2012, p. 3. |
| --- | --- |

OJ C 298, 4.10.2012, p. 3.

| | OJ C 56, 26.2.2013, p. 13. |
| --- | --- |

OJ C 56, 26.2.2013, p. 13.

| | OJ C 98, 5.4.2013, p. 3. |
| --- | --- |

OJ C 98, 5.4.2013, p. 3.

| | OJ C 269, 18.9.2013, p. 2. |
| --- | --- |

OJ C 269, 18.9.2013, p. 2.

| | OJ C 57, 28.2.2014, p. 1. |
| --- | --- |

OJ C 57, 28.2.2014, p. 1.

| | OJ C 152, 20.5.2014, p. 25. |
| --- | --- |

OJ C 152, 20.5.2014, p. 25.

| | OJ C 224, 15.7.2014, p. 31. |
| --- | --- |

OJ C 224, 15.7.2014, p. 31.

---

(1)  See the list of previous publications at the end of this update.

---

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 4.12.2014 | EN | Official Journal of the European Union | C 434/5 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/5

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty) (General Block Exemption Regulation)

(2014/C 434/04)

PART I

| Aid reference | GBER 12/2014/R&D&I |
| --- | --- |
| EFTA State | Norway |
| EFTA State reference number | |
| Region | Name of the Region(s) | Regional aid status |
| Granting authority | Name | Fiskeri og havbruksnæringens forskningsfond ‘FHF’ (Norwegian Seafood Research Fund) |
| Postal address | Universitetsgaten 10 |
| PO Box 6921 |
| St.Olavs plass |
| N-0130 Oslo |
| NORWAY |

Aid reference

GBER 12/2014/R&D&I

EFTA State

Norway

EFTA State reference number

Region

Name of the Region(s)

Regional aid status

Granting authority

Name

Fiskeri og havbruksnæringens forskningsfond ‘FHF’ (Norwegian Seafood Research Fund)

Postal address

Universitetsgaten 10

PO Box 6921

St.Olavs plass

N-0130 Oslo

NORWAY

Web address

http://www.fhf.no/

Title of the aid measure

‘Prosjekt i bedrift’ (Industry Integrated Projects)

National legal basis (Reference to the relevant national official publication)

FHF is funded by a tax on fish exports established by the Norwegian Act of 7 July 2000 No 68 and further regulations pursuant to the act. The yearly appropriation is given by the Ministry for Trade, Industry and Fisheries. The yearly income has been NOK 167-185 million over the last years (2010-2013). The board of FHF has decided to establish a funding scheme for R&D support where the recipients are undertakings. This scheme has been approved by the Ministry for Trade, Industry and Fisheries.

Web link to the full text of the aid measure

http://www.fhf.no/ /Industry Integrated Projects/

(FHFs web pages are under restructuring and the complete address is not available yet. Will be published within 1 October 2014.)

Type of measure

☒ Scheme

Industry Integrated Projects is a new general scheme for giving R&D&I grants to business enterprises.

Duration

☒ Scheme

1 August 2014 to 31 December 2018

Economic sector(s) concerned

☒ All economic sectors eligible to receive aid

The scheme will give grants to enterprises in all economic sectors that can perform R&D&I relevant for the fishery industries.

Type of beneficiary

☒ SME

☒ Large undertakings

Budget

Total annual amount of the budget planned under the scheme

The yearly budget will be below NOK 50 million. The budget for the rest of 2014 will be approximately NOK 10 million.

Aid instrument

☒ Grant/Interest rate subsidy

Indicate to which broad category below it would fit best in terms of its effect/function:

☒ Grant The scheme will provide for grants

☐ Loan

☐ Guarantee

☐ Tax advantage

☐ Provision of risk finance

PART II

| Primary objective — General objectives (list) | Objectives
  (list) | Maximum aid intensity | SME — bonuses |
| --- | --- | --- | --- |
| Aid to undertakings for R&D&I relevant for the fishery industries. The scheme will be implemented under the GBER Articles 25, 26, 27 and 28. | The objective is to develop the fishery industries further by way of new knowledge and technology. The aim is both to increase productivity and safeguard the environment and marine resources. | 100 % | 35 % |
| Aid for research, development and innovation
  (Articles 25-30) | Aid for research and development projects
  (Art. 25) | ☒ Fundamental research
  (Art. 25(2)(a)) | 100 % | |
| ☒ Industrial research
  (Art. 25(2)(b)) | 50 % | 30 % |
| ☒ Experimental development
  (Art. 25(2)(c)) | 25 % | 35 % |
| ☒ Feasibility studies
  (Art. 25(2)(d)) | 50 % | 20 % |
| ☒ Investment aid for research infrastructures
  (Art. 26) | 50 % | |
| ☒ Aid for innovation clusters
  (Art. 27) | 50 % | |
| ☒ Innovation aid for SMEs
  (Art. 28) | 50 % | |

Primary objective — General objectives (list)

Objectives

(list)

Maximum aid intensity

SME — bonuses

Aid to undertakings for R&D&I relevant for the fishery industries. The scheme will be implemented under the GBER Articles 25, 26, 27 and 28.

The objective is to develop the fishery industries further by way of new knowledge and technology. The aim is both to increase productivity and safeguard the environment and marine resources.

100 %

35 %

Aid for research, development and innovation

(Articles 25-30)

Aid for research and development projects

(Art. 25)

☒ Fundamental research

(Art. 25(2)(a))

100 %

☒ Industrial research

(Art. 25(2)(b))

50 %

30 %

☒ Experimental development

(Art. 25(2)(c))

25 %

35 %

☒ Feasibility studies

(Art. 25(2)(d))

50 %

20 %

☒ Investment aid for research infrastructures

(Art. 26)

50 %

☒ Aid for innovation clusters

(Art. 27)

50 %

☒ Innovation aid for SMEs

(Art. 28)

50 %

---

| 4.12.2014 | EN | Official Journal of the European Union | C 434/7 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/7

---

State aid — Decision to raise no objections

(2014/C 434/05)

The EFTA Surveillance Authority raises no objections to the following State aid measure:

| Date of adoption of the decision | : | 10.9.2014 |
| --- | --- | --- |
| Case number | : | 74316 |
| Decision No | : | 322/14/COL |
| EFTA State | : | Norway |
| Title | : | An amendment to the Norwegian Special Tax System for Shipping concerning joint and several liability for employer obligations |
| Legal basis | : | Article 61(3)(c) of the EEA Agreement |
| Type of measure | : | Aid scheme |
| Objective | : | Promotion of the maritime sector |
| Form of aid | : | Tax exemption |
| Budget | : | n.a. |
| Duration | : | From the income year 2014 until re-notification |
| Economic sectors | : | Maritime transport |
| Name and address of the granting authority | : | Ministry of Finance |
| P.O. Box 8008 Dep. |
| N-0030 Oslo |
| NORWAY |

Date of adoption of the decision

:

10.9.2014

Case number

:

74316

Decision No

:

322/14/COL

EFTA State

:

Norway

Title

:

An amendment to the Norwegian Special Tax System for Shipping concerning joint and several liability for employer obligations

Legal basis

:

Article 61(3)(c) of the EEA Agreement

Type of measure

:

Aid scheme

Objective

:

Promotion of the maritime sector

Form of aid

:

Tax exemption

Budget

:

n.a.

Duration

:

From the income year 2014 until re-notification

Economic sectors

:

Maritime transport

Name and address of the granting authority

:

Ministry of Finance

P.O. Box 8008 Dep.

N-0030 Oslo

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 4.12.2014 | EN | Official Journal of the European Union | C 434/8 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/8

---

Notice of open competition

(2014/C 434/06)

The European Personnel Selection Office (EPSO) is organising the following open competition:

EPSO/AST/134/14 — Assistants (AST 3) in the field of parliamentary work

The competition notice is published in 24 languages in Official Journal C 434 A of 4 December 2014.

Further information can be found on the EPSO website http://blogs.ec.europa.eu/eu-careers.info/

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 4.12.2014 | EN | Official Journal of the European Union | C 434/9 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/9

---

Notice of initiation of an anti-dumping proceeding concerning imports of tartaric acid originating in the People’s Republic of China, limited to one Chinese exporting producer, Hangzhou Bioking Biochemical Engineering Co. Ltd

(2014/C 434/07)

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 tartaric acid, originating in the People’s Republic of China, and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd (‘Hangzhou Bioking’ or ‘the exporting producer concerned’), are being dumped and are thereby causing or contributing to material injury to the Union industry.

1.   Complaint

The complaint was lodged on 21 October 2014 by Distillerie Bonollo S.r.l., Caviro Distillerie S.r.l., Industria Chimica Valenzana S.p.a. and Distilleries Mazzari S.p.a. (‘the complainants’), representing more than 25 % of the total Union production of tartaric acid.

2.   Product under investigation

The product subject to this investigation is tartaric acid, excluding D-(-)- tartaric acid with a negative optical rotation of at least 12,0 degrees, measured in a water solution according to the method described in the European Pharmacopoeia (‘the product under investigation’).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China (‘the country concerned’), and produced by Hangzhou Bioking, currently falling within CN code ex 2918 12 00. This CN code is given for information only.

The complainants have established a normal value for the imports from the People’s Republic of China in accordance with Article 2(7) of the basic Regulation on the basis of the price in a market economy third country, namely Argentina. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union. On this basis the dumping margin calculated is significant.

4.   Allegation of injury and causation

The complainants have provided evidence that imports of the product under investigation from the country concerned and produced by the exporting producer concerned have increased overall in absolute terms and in terms of market share.

The complainants provided prima facie evidence that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold and the market share held 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 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 and produced by the exporting producer concerned is being dumped and whether the dumped imports have caused or have contributed to 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

The exporting producer (2) concerned is invited to participate in the Commission investigation.

5.1.1.   Investigating the exporting producer concerned

In order to obtain information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producer concerned and to the authorities of the People’s Republic of China.

5.1.1.1.   Selection of a market economy third country

Subject to the provisions of section 5.1.1.2 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 Argentina as it was selected in previous investigations relating to the same product and country. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this Notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union are, inter alia, Australia, Brazil and Chile. 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.

5.1.1.2.   Treatment of the exporting producer concerned in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, if the exporting producer concerned considers that market economy conditions prevail for it in respect of the manufacture and sale of the product under investigation, it 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 (3) are fulfilled. The dumping margin of the exporting producer concerned, if 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 its own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

The Commission will send a MET claim form to the exporting producer concerned as well as to the authorities of the People’s Republic of China. If the exporting producer concerned decides to claim MET, it should submit the completed MET claim form within 21 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

5.1.2.   Investigating unrelated importers
   (4)
   (5)

Unrelated importers of the product under investigation from the People’s Republic of China to the Union, which is produced by the exporting producer concerned, are invited to participate in this investigation.

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in the Annex 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 the situation of the EU industry, 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 right 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’ (6).

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

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

| E-mail | : | TRADE-AD614-TARTARIC-DUMPING@ec.europa.eu
  TRADE-AD614-TARTARIC-INJURY@ec.europa.eu |
| --- | --- | --- |

E-mail

:

TRADE-AD614-TARTARIC-DUMPING@ec.europa.eu

TRADE-AD614-TARTARIC-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

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 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 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 (7).

---

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

(2)  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.

(3)  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) firm(s) 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.

(4)  Only importers not related to exporting producer can be sampled. Importers that are related to exporting producer have to fill in the questionnaire in the Annex for this exporting producer. 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.

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

(6)  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).

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

---

ANNEX

Image

Image

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 4.12.2014 | EN | Official Journal of the European Union | C 434/16 |
| --- | --- | --- | --- |

4.12.2014

EN

Official Journal of the European Union

C 434/16

---

Prior notification of a concentration

(Case M.7403 — CSSC Investment/Wärtsilä Dutch Holding/Wärtsilä Switzerland)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 434/08)

| 1. | On 26 November 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings China State Shipbuilding Corporation (‘CSSC’, China), ultimately controlled by the Chinese state, and Wärtsilä Corporation (‘Wärtsilä’, Finland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Wärtsilä Switzerland Ltd (‘WCH’, Switzerland) by way of purchase of shares. Currently, WCH is solely controlled by Wärtsilä. |
| --- | --- |

1.

On 26 November 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings China State Shipbuilding Corporation (‘CSSC’, China), ultimately controlled by the Chinese state, and Wärtsilä Corporation (‘Wärtsilä’, Finland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Wärtsilä Switzerland Ltd (‘WCH’, Switzerland) by way of purchase of shares. Currently, WCH is solely controlled by Wärtsilä.

| 2. | The business activities of the undertakings concerned are:
  —   for CSSC: CSSC is the parent company of one of the largest shipbuilding conglomerates in China (the CSSC Group), operating various shipyards, marine-related equipment manufacturers, research institutes and shipbuilding related companies as well as activities in aerospace, construction, power generation, petrochemicals, hydraulic engineering, environmental protection, metallurgy, railway and light industry,
  —   for Wärtsilä: Wärtsilä is the parent company of the Wärtsilä Group which is active in the supply of complete lifecycle power solutions for the marine and energy markets. Wärtsilä Group supplies ship power for builders, owners and operators of vessels and offshore installations. It has a global service network for customers’ ship machinery at every lifecycle stage, and is a provider of power plants, operation and lifetime care services in decentralized power generation,
  —   for WCH: WCH is active in the development and licensing of 2-stroke low speed marine engine technology. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for CSSC: CSSC is the parent company of one of the largest shipbuilding conglomerates in China (the CSSC Group), operating various shipyards, marine-related equipment manufacturers, research institutes and shipbuilding related companies as well as activities in aerospace, construction, power generation, petrochemicals, hydraulic engineering, environmental protection, metallurgy, railway and light industry,

—   for Wärtsilä: Wärtsilä is the parent company of the Wärtsilä Group which is active in the supply of complete lifecycle power solutions for the marine and energy markets. Wärtsilä Group supplies ship power for builders, owners and operators of vessels and offshore installations. It has a global service network for customers’ ship machinery at every lifecycle stage, and is a provider of power plants, operation and lifetime care services in decentralized power generation,

—   for WCH: WCH is active in the development and licensing of 2-stroke low speed marine engine technology.

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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 this Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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 this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number Case M.7403 — CSSC Investment/Wärtsilä Dutch Holding/Wärtsilä Switzerland, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number Case M.7403 — CSSC Investment/Wärtsilä Dutch Holding/Wärtsilä Switzerland, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---