# Official Journal C 226/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 226 |
| | |
| English edition | Information and Notices | Volume 5026 September 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 226

English edition

Information and Notices

Volume 5026 September 2007

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 226/01 | Euro exchange rates | 1 |
| 2007/C 226/02 | Notice of implementation of the SME Guarantee Facility under the Competitiveness and Innovation Framework Programme (2007-2013) (
  1
  ) | 2 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 226/01

Euro exchange rates

1

2007/C 226/02

Notice of implementation of the SME Guarantee Facility under the Competitiveness and Innovation Framework Programme (2007-2013) (
  1
  )

1

2

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2007/C 226/03 | Call for proposals — EACEA/30/07 — Structural support for European public policy research organisations and for civil society organisations at European level — 2008-2009 — Citizenship — P.7 | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2007/C 226/04 | Notice of initiation of an anti-dumping proceeding concerning imports of certain welded tubes and pipes of iron or non-alloy steel originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia | 7 |
| 2007/C 226/05 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Thailand, Turkey and Ukraine and an interim review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Turkey | 12 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2007/C 226/06 | Prior notification of a concentration (Case COMP/M.4914 — Carlyle/Sequa) — Candidate case for simplified procedure (
  1
  ) | 17 |
| 2007/C 226/07 | Prior notification of a concentration (Case COMP/M.4761 — Bongrain/Sodiaal/JV) (
  1
  ) | 18 |
| 2007/C 226/08 | Prior notification of a concentration (Case COMP/M.4909 — Nissan Forklift/Atlet) — Candidate case for simplified procedure (
  1
  ) | 19 |
| 2007/C 226/09 | Prior notification of a concentration (Case COMP/M.4865 — Siemens/Dade Behring) (
  1
  ) | 20 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2007/C 226/03

Call for proposals — EACEA/30/07 — Structural support for European public policy research organisations and for civil society organisations at European level — 2008-2009 — Citizenship — P.7

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2007/C 226/04

Notice of initiation of an anti-dumping proceeding concerning imports of certain welded tubes and pipes of iron or non-alloy steel originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia

7

2007/C 226/05

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Thailand, Turkey and Ukraine and an interim review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Turkey

12

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2007/C 226/06

Prior notification of a concentration (Case COMP/M.4914 — Carlyle/Sequa) — Candidate case for simplified procedure (
  1
  )

1

17

2007/C 226/07

Prior notification of a concentration (Case COMP/M.4761 — Bongrain/Sodiaal/JV) (
  1
  )

1

18

2007/C 226/08

Prior notification of a concentration (Case COMP/M.4909 — Nissan Forklift/Atlet) — Candidate case for simplified procedure (
  1
  )

1

19

2007/C 226/09

Prior notification of a concentration (Case COMP/M.4865 — Siemens/Dade Behring) (
  1
  )

1

20

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

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(1)   Text with EEA relevance

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 26.9.2007 | EN | Official Journal of the European Union | C 226/1 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/1

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Euro exchange rates (1)

25 September 2007

(2007/C 226/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4106 |
| JPY | Japanese yen | 161,24 |
| DKK | Danish krone | 7,4561 |
| GBP | Pound sterling | 0,70035 |
| SEK | Swedish krona | 9,2181 |
| CHF | Swiss franc | 1,6488 |
| ISK | Iceland króna | 88,14 |
| NOK | Norwegian krone | 7,8060 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5842 |
| CZK | Czech koruna | 27,554 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 250,64 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7058 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,7710 |
| RON | Romanian leu | 3,3923 |
| SKK | Slovak koruna | 34,151 |
| TRY | Turkish lira | 1,7405 |
| AUD | Australian dollar | 1,6339 |
| CAD | Canadian dollar | 1,4137 |
| HKD | Hong Kong dollar | 10,9567 |
| NZD | New Zealand dollar | 1,9230 |
| SGD | Singapore dollar | 2,1173 |
| KRW | South Korean won | 1 299,23 |
| ZAR | South African rand | 9,8883 |
| CNY | Chinese yuan renminbi | 10,5953 |
| HRK | Croatian kuna | 7,2949 |
| IDR | Indonesian rupiah | 12 931,68 |
| MYR | Malaysian ringgit | 4,8482 |
| PHP | Philippine peso | 63,724 |
| RUB | Russian rouble | 35,2610 |
| THB | Thai baht | 45,066 |

Currency

Exchange rate

USD

US dollar

1,4106

JPY

Japanese yen

161,24

DKK

Danish krone

7,4561

GBP

Pound sterling

0,70035

SEK

Swedish krona

9,2181

CHF

Swiss franc

1,6488

ISK

Iceland króna

88,14

NOK

Norwegian krone

7,8060

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5842

CZK

Czech koruna

27,554

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

250,64

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7058

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,7710

RON

Romanian leu

3,3923

SKK

Slovak koruna

34,151

TRY

Turkish lira

1,7405

AUD

Australian dollar

1,6339

CAD

Canadian dollar

1,4137

HKD

Hong Kong dollar

10,9567

NZD

New Zealand dollar

1,9230

SGD

Singapore dollar

2,1173

KRW

South Korean won

1 299,23

ZAR

South African rand

9,8883

CNY

Chinese yuan renminbi

10,5953

HRK

Croatian kuna

7,2949

IDR

Indonesian rupiah

12 931,68

MYR

Malaysian ringgit

4,8482

PHP

Philippine peso

63,724

RUB

Russian rouble

35,2610

THB

Thai baht

45,066

---

(1)

Source: reference exchange rate published by the ECB.

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| 26.9.2007 | EN | Official Journal of the European Union | C 226/2 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/2

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Notice of implementation of the SME Guarantee Facility under the Competitiveness and Innovation Framework Programme (2007-2013)

(Text with EEA relevance)

(2007/C 226/02)

This notice is addressed to financial intermediaries for SMEs, such as banks and institutions operating guarantee schemes. It outlines a financial instrument, the SME Guarantee Facility that aims to improve the financial environment for SMEs by facilitating their access to debt and equity finance.

The SME Guarantee Facility is operated by the European Investment Fund (EIF) on behalf of the European Commission under Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 on a Competitiveness and Innovation Framework Programme (2007-2013).

This programme is open to the Member States of the European Union and those Member States of the European Free Trade Association (‘EFTA’) which are members of the European Economic Area (‘EEA’), accession countries and candidate countries benefiting from a relevant pre-accession strategy, countries of the Western Balkans in accordance with the relevant framework agreements and any other country included in the list of Participating Countries as published from time to time in the Official Journal.

The total indicative budgetary appropriations for the financial instruments under Competitiveness and Innovation Framework Programme are EUR 1,1 billion and about half of this is foreseen for SME Guarantee Facility for the period 2007-2013.

The Facility will provide counter-guarantees or, where appropriate, co-guarantees for guarantee schemes operating in participating countries, as well as direct guarantees in the case of any other appropriate financial intermediary.

The following four windows are available under the Facility:

| 1. | Guarantees for debt financing via loans or leasing to support SMEs with growth potential. Under this window, the EIF issues partial guarantees (directly or indirectly) to cover portfolios of debt finance. |
| --- | --- |

1.

Guarantees for debt financing via loans or leasing to support SMEs with growth potential. Under this window, the EIF issues partial guarantees (directly or indirectly) to cover portfolios of debt finance.

| 2. | Guarantees for portfolios of micro-loans for very small enterprises with up to 9 employees, to encourage financial institutions to play a greater role in the provision of loans of a smaller amount which involve proportionally higher handling costs. Financial intermediaries may also receive grants in the form of technical support to partially offset the high administrative costs inherent in microcredit financing. |
| --- | --- |

2.

Guarantees for portfolios of micro-loans for very small enterprises with up to 9 employees, to encourage financial institutions to play a greater role in the provision of loans of a smaller amount which involve proportionally higher handling costs. Financial intermediaries may also receive grants in the form of technical support to partially offset the high administrative costs inherent in microcredit financing.

| 3. | Guarantees to financial intermediaries to cover equity or quasi-equity investments in SMEs which involve investment in seed capital and/or capital in the start-up phase, mezzanine financing and/or risk capital operations. |
| --- | --- |

3.

Guarantees to financial intermediaries to cover equity or quasi-equity investments in SMEs which involve investment in seed capital and/or capital in the start-up phase, mezzanine financing and/or risk capital operations.

| 4. | Guarantees to support securitisation structures with a view to assisting financial institutions to mobilise debt financing for SMEs, conditional upon an undertaking by the relevant financial intermediary to use a significant part of the resources mobilised as a result of the securitisation transaction for new SME financing. |
| --- | --- |

4.

Guarantees to support securitisation structures with a view to assisting financial institutions to mobilise debt financing for SMEs, conditional upon an undertaking by the relevant financial intermediary to use a significant part of the resources mobilised as a result of the securitisation transaction for new SME financing.

Prospective financial intermediaries can obtain detailed information on the Facility from:

| European Investment Fund |
| --- |
| 43, avenue J. F. Kennedy |
| L-2968 Luxembourg |
| E-mail: info@eif.org |

European Investment Fund

43, avenue J. F. Kennedy

L-2968 Luxembourg

E-mail: info@eif.org

or from the EIF's website at: www.eif.org

The contact details of all financial intermediaries with whom the EIF has signed a contract will be published on the EIF's website in order to allow SMEs to make direct contact with these intermediaries.

Proposals from financial intermediaries will be examined by the EIF on a continuous basis, within the constraints of the available Community budget allocations. The EIF will endeavour to achieve an overall geographic balance.

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V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 26.9.2007 | EN | Official Journal of the European Union | C 226/4 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/4

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CALL FOR PROPOSALS — EACEA/30/07

Structural support for European public policy research organisations and for civil society organisations at European level — 2008-2009

Citizenship — P.7

(2007/C 226/03)

DISCLAIMER

As the implementation of this call for proposals is subject to an opinion of the programme committee this call for proposals does not legally bind the Commission and the Education, Audiovisual & Culture Executive Agency (EACEA) until their adoption.

Nevertheless, to enable potential beneficiaries of Community grant to prepare their proposals as soon as possible, the Commission has decided to publish this call for proposals.

As soon as the above mentioned conditions are fulfilled, which is foreseen towards the end of October 2007, further information will be given on the website of the Executive Agency (EACEA):

http://eacea.ec.europa.eu/citizenship/index_en.htm

1.   INTRODUCTION

This call for proposals concerns structural support, referred to as operating grant, to organisations, pursuing an aim of general European interest. Operating grants are different from project grants. Operating grants provide financial support to costs necessary for the proper conduct of the normal and permanent activities of an organisation selected. These costs include in particular personnel costs, overheads (rental and property charges, equipment, office supplies, telecommunications, postal charges, etc.) costs of internal meetings, publications, information and dissemination costs and costs directly linked to the organisation's work programme.

1.1   Introduction of multi annual partnerships

In order to enhance long term planning and provide greater financial security for organisations, this call for proposals introduces for the first time the possibility of a multi-annual partnership.

It is not excluded to submit two applications, one for an annual grant (2008) and one for a multi-annual partnership (2 years 2008-2009).

2.   OBJECTIVES

2.1   General objectives

The Programme is intended to contribute to the following general objectives:

| (a) | giving citizens the opportunity to interact and participate in constructing an ever closer Europe, which is democratic and world-oriented, united in and enriched through its cultural diversity, thus developing citizenship of the European Union; |
| --- | --- |

(a)

giving citizens the opportunity to interact and participate in constructing an ever closer Europe, which is democratic and world-oriented, united in and enriched through its cultural diversity, thus developing citizenship of the European Union;

| (b) | developing a sense of European identity, based on common values, history and culture; |
| --- | --- |

(b)

developing a sense of European identity, based on common values, history and culture;

| (c) | fostering a sense of ownership of the European Union among its citizens; |
| --- | --- |

(c)

fostering a sense of ownership of the European Union among its citizens;

| (d) | enhancing mutual understanding between European citizens respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue. |
| --- | --- |

(d)

enhancing mutual understanding between European citizens respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue.

2.2   Specific objectives

The specific objectives of this call for proposals are:

| (a) | foster action, debate and reflection related to European citizenship and democracy, shared values, common history and culture through cooperation within civil society organisations at European level; |
| --- | --- |

(a)

foster action, debate and reflection related to European citizenship and democracy, shared values, common history and culture through cooperation within civil society organisations at European level;

| (b) | encourage interaction between citizens and civil society organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to activities aimed at developing closer ties between citizens from Member States which acceded to the European Union before and those which have acceded since 30 April 2004. |
| --- | --- |

(b)

encourage interaction between citizens and civil society organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to activities aimed at developing closer ties between citizens from Member States which acceded to the European Union before and those which have acceded since 30 April 2004.

3.   TIMETABLE

| 23 November 2007 | Deadline — Submission of applications |
| --- | --- |
| December 2007-January 2008 | Analysis phase — Selection of applications (eligibility, exclusion, award criteria and selection) |
| February-March 2008 | Opinion of Member States Programme Committee of the programme ‘Europe for Citizens’ followed by a presentation of the results to the European Parliament (Comitology) |
| End of March 2008 | Publication of the selection results on the web-page of the Executive Agency:


  http://eacea.ec.europa.eu/citizenship/index_en.htm and written notification to the applicants |
| April 2008 | Grant agreement/decision sent to beneficiaries |

23 November 2007

Deadline — Submission of applications

December 2007-January 2008

Analysis phase — Selection of applications (eligibility, exclusion, award criteria and selection)

February-March 2008

Opinion of Member States Programme Committee of the programme ‘Europe for Citizens’ followed by a presentation of the results to the European Parliament (Comitology)

End of March 2008

Publication of the selection results on the web-page of the Executive Agency:

http://eacea.ec.europa.eu/citizenship/index_en.htm and written notification to the applicants

April 2008

Grant agreement/decision sent to beneficiaries

Applications must be submitted to the Executive Agency (EACEA) no later than 23 November 2007 (date as per postmark).

The period of eligibility of expenditure will run from 1 January 2008 to 31 December 2008 (12 months) or for organisations for which the financial year starts at a later date, the period of eligibility of expenditure will run from the beginning of their financial year up to a period of 12 months. Costs incurred before the financial year 2008 will not be considered.

4.   BUDGET

The foreseen Community budget for the co-financing of operating grants is EUR 2,7 million in 2008. The Executive Agency intends to finance around 25 applications under this call, but reserves the right not to use all the funds available.

The structural support will be awarded under the posts 15.06.66 of the European Union's General Budget.

5.   ELIGIBILITY

5.1   Eligible organisations

To be eligible for an operating grant, an organisation, pursuing an aim of general European interest must be:

| — | Measure 1: a European public policy research organisation (think-thank) (described in point 2.1 of the full text of the call for proposals). Or Measure 2: a Civil society organisation at European level, promoting European citizenship (described in point 2.1 of the full text of the call for proposals), |
| --- | --- |

—

Measure 1: a European public policy research organisation (think-thank) (described in point 2.1 of the full text of the call for proposals). Or Measure 2: a Civil society organisation at European level, promoting European citizenship (described in point 2.1 of the full text of the call for proposals),

| — | be a non-profit making and independent organisation with a legal status and legal personality, |
| --- | --- |

—

be a non-profit making and independent organisation with a legal status and legal personality,

| — | operate in the field of European citizenship as clearly defined in the articles of association, |
| --- | --- |

—

operate in the field of European citizenship as clearly defined in the articles of association,

| — | undertake the majority of their activities in eligible countries. |
| --- | --- |

—

undertake the majority of their activities in eligible countries.

N.B.: Private individual contractors, universities, Europe-Houses or public authorities (State, regional, local authority) are not eligible.

5.2   Eligible countries

Applications from legal entities established in the following countries are eligible:

| (a) | the Member States of the European Union on 1 January 2007 (27): Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom; |
| --- | --- |

(a)

the Member States of the European Union on 1 January 2007 (27): Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom;

| (b) | information concerning the agreements establishing the participation of other countries can be consulted on the webpage of Executive Agency (EACEA):
  http://eacea.ec.europa.eu/citizenship/index_en.htm |
| --- | --- |

(b)

information concerning the agreements establishing the participation of other countries can be consulted on the webpage of Executive Agency (EACEA):

http://eacea.ec.europa.eu/citizenship/index_en.htm

5.3   Period of eligibility

The period of eligibility must correspond to the applicant's budget year. If the applicant's budget year corresponds to the calendar year, the period of eligibility will be from 1 January 2008 to 31 December 2008.

For the applicants with a budgetary year that differs from the calendar year, the period of eligibility will be the 12-month period from the starting date of their budgetary year in 2008.

6.   FURTHER INFORMATION

The full text of the call for proposals and the application form are available on the webpage of the Executive Agency (EACEA):

http://eacea.ec.europa.eu/citizenship/index_en.htm

Applications must comply with the requirement set out in the full text and be submitted using the forms provided.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 26.9.2007 | EN | Official Journal of the European Union | C 226/7 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/7

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Notice of initiation of an anti-dumping proceeding concerning imports of certain welded tubes and pipes of iron or non-alloy steel originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia

(2007/C 226/04)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of certain welded tubes and pipes of iron or non-alloy steel, originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 20 August 2007 by the Defence Committee of the welded steel tubes industry of the European Union (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of certain welded tubes and pipes of iron or non-alloy steel.

2.   Product

The product allegedly being dumped is welded tubes and pipes, of iron or non-alloy steel, of circular cross-section and of an external diameter not exceeding 168,3 mm, excluding tubes and pipes of a kind used for oil or gas pipelines, of a kind used in drilling for oil or gas, or with attached fittings for use in civil aircraft, other than precision tubes, originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia (‘the product concerned’), normally declared within CN codes ex 7306 30 41, ex 7306 30 49, ex 7306 30 72 and ex 7306 30 77. These CN codes are only given for information.

3.   Allegation of dumping

The allegation of dumping in respect of Bosnia and Herzegovina and Russia is based on a comparison of normal value established on the basis of the cost of production with the export prices of the product concerned when sold for export to the Community.

In view of the provisions of Article 2(7) of the basic Regulation, the complainant established normal value for Belarus and the People's Republic of China on the basis of the price in a market economy country, which is mentioned in point 5.1(d). The allegation of dumping is based on a comparison of normal value, thus calculated, with the export prices of the product concerned when sold for export to the Community.

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

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from Belarus, Bosnia and Herzegovina and the People's Republic of China have increased overall in absolute terms and in terms of market share, while those of Russia remained at significantly high levels.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community 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.

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia is being dumped and whether this dumping has caused injury.

(a)   Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.

(i)   Sampling for exporters/producers in the People's Republic of China and Russia

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 July 2006-30 June 2007,

| — | the turnover in local currency and the sales volume in tonnes for the product concerned on the domestic market during the period to 1 July 2006-30 June 2007, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes for the product concerned on the domestic market during the period to 1 July 2006-30 June 2007,

| — | whether the company intends to claim an individual margin (2) (individual margins can only be claimed by producers), |
| --- | --- |

—

whether the company intends to claim an individual margin (2) (individual margins can only be claimed by producers),

| — | the precise activities of the company with regard to the production of the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned,

| — | the names and the precise activities of all related companies (3) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (3) involved in the production and/or selling (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting countries and any known associations of exporters/producers.

(ii)   Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the total turnover in euro of the company during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 July 2006-30 June 2007,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

| — | the precise activities of the company with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned,

| — | the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 July 2006-30 June 2007 of the imported product concerned originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia, |
| --- | --- |

—

the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 July 2006-30 June 2007 of the imported product concerned originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia,

| — | the names and the precise activities of all related companies (4) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (4) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Sampling for Community producers

In view of the large number of Community producers supporting the complaint, the Commission intends to investigate injury to the Community industry by applying sampling.

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the total turnover in euro of the company during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 July 2006-30 June 2007,

| — | the precise activities of the company with regard to the production of the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned,

| — | the value in euro of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the value in euro of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007,

| — | the volume in tonnes of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the volume in tonnes of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007,

| — | the volume in tonnes of the production of the product concerned during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the volume in tonnes of the production of the product concerned during the period 1 July 2006-30 June 2007,

| — | the names and the precise activities of all related companies (4) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (4) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

(iv)   Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in point 6(b)(iii) and must cooperate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China and Russia, to the exporters/producers in Belarus and Bosnia and Herzegovina, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting countries concerned.

(i)   Exporters/producers in Belarus, Bosnia and Herzegovina

All such interested parties should contact the Commission forthwith by fax, but not later than the time limit set out in point 6(a)(i), in order to find out whether they are listed in the complaint and, if necessary, to request a questionnaire, given that the time limit set in point 6(a)(ii) applies to all such interested parties.

(ii)   Exporters/producers claiming an individual margin in the People's Republic of China and Russia

Exporters/producers in the People's Republic of China and Russia claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in point 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 6(a)(i). However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).

(d)   Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it is envisaged to choose the United States of America as an appropriate market economy country for the purpose of establishing normal value in respect of Belarus and the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).

(e)   Market economy status

For those exporters/producers in the People's Republic of China and Belarus who claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims must do so within the specific time limit set in point 6(d). The Commission will send claim forms to all exporters/producers in Belarus and to those exporters/producers in the People's Republic of China who have been included in the sample and to any association of exporters/producers named in the complaint, as well as to the authorities of the People's Republic of China and Belarus.

5.2.   Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire or other claim forms

All interested parties should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

(ii)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(iii).

(iii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day time limit.

(b)   Specific time limit in respect of sampling

| (i) | The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the sample as referred to in point 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in point 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (iii) | The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample. |
| --- | --- |

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

(c)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of United States of America which, as mentioned in point 5.1(d), is envisaged as a market-economy country for the purpose of establishing normal value in respect of Belarus and the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

(d)   Specific time limit for submission of claims for market economy status and/or for individual treatment

Duly substantiated claims for market economy status (as mentioned in point 5.1(e)) and/or for individual treatment pursuant to Article 9(5) of the basic Regulation, must reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (5) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate H |
| Office: J-79 4/23 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate H

Office: J-79 4/23

B-1049 Brussels

Fax (32-2) 295 65 05

8.   Non-cooperation

In cases in which 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 in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

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

9.   Schedule of the investigation

The investigation will be concluded, according 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. According to 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.

10.   Processing of personal data

Please note that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6).

---

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample, Article 9(5) of the basic Regulation concerning individual treatment in cases involving non-market economy countries/economies in transition, and Article 2(7)(b) of the basic Regulation for companies claiming market economy status. Note that claims for individual treatment necessitate an application pursuant to Article 9(5) of the basic Regulation and that claims regarding market economy status necessitate an application pursuant to Article 2(7)(b) of the basic Regulation.

(3)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(4)  For guidance on the meaning of related companies, please refer to Article 143 of Regulation (EEC) No 2454/93.

(5)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document 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).

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

---

| 26.9.2007 | EN | Official Journal of the European Union | C 226/12 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/12

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Thailand, Turkey and Ukraine and an interim review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Turkey

(2007/C 226/05)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of certain welded tubes and pipes of iron or non-alloy steel originating in Thailand, Turkey and Ukraine, (‘countries concerned’), the Commission has received a request for reviews pursuant to Article 11(2) and (3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (2).

1.   Request for review

The request was lodged on 25 June 2007 by the Defence Committee of the welded steel tubes industry of the European Union (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of certain welded tubes and pipes of iron or non-alloy steel.

2.   Product

The product under review is welded tubes and pipes, of iron or non-alloy steel, of circular cross-section and of an external diameter not exceeding 168,3 mm, excluding tubes and pipes of a kind used for oil or gas pipelines, of a kind used in drilling for oil or gas, or with attached fittings for use in civil aircraft, other than precision tubes, originating in Thailand, Turkey and Ukraine (‘the product concerned’), currently classifiable within CN codes ex 7306 30 41, ex 7306 30 49, ex 7306 30 72 and ex 7306 30 77. These CN codes are given only for information.

3.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1697/2002 (3).

4.   Grounds for the reviews

4.1.   Grounds for the expiry review

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

The allegation of likelihood of continuation of dumping in respect of Turkey is based on a comparison of normal value, established on the basis of domestic prices, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated for Turkey is significant.

In demonstrating the likelihood of recurrence of dumping for Thailand and Ukraine, export prices to other third countries, i.e. United States of America and Russia respectively, have been used by the applicant given the current absence of significant import volumes from Thailand and Ukraine to the Community. These export prices were compared with normal values based on cost of production.

On this basis, the applicant alleges that there is a likelihood of recurrence of dumping for Thailand and Ukraine.

The applicant further alleges the likelihood of further injurious dumping. In this respect, the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity in the countries concerned.

In respect of Turkey, the applicant also alleges that imports of the product concerned from this country have continued to cause injury to the Community industry due to their increased volume and low prices.

In addition, the applicant alleges that the already fragile situation of the Community industry would further deteriorate if measures were allowed to lapse and that any recurrence of substantial imports at dumped prices from the countries concerned would likely lead to a recurrence of further injury of the Community industry.

4.2.   Grounds for the interim review

The applicant has provided information that, in regard to imports of the product concerned from Turkey, the level of the measure is no longer sufficient to counteract the injurious dumping, which, calculated as explained above, appears to have significantly increased.

The applicant further alleges that imports of the product concerned from Turkey have remained at significantly high levels both in absolute terms and in terms of market share. As explained above, the volumes and prices of the imported product concerned from this country have, among other consequences, had a negative impact on the market share held and on the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review and an interim review, as far as imports from Turkey is concerned, the Commission hereby initiates reviews in accordance with Article 11(2) and (3) of the basic Regulation.

5.1.   Procedure for the determination of dumping, likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury. The interim review will determine whether, with regard to imports of the product concerned from Turkey, the current level of the measure is sufficient to counteract the injurious dumping.

(a)   Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 17 of the basic Regulation.

(i)   Sampling for exporters/producers in country(ies) concerned

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 July 2006-30 June 2007,

| — | the turnover in local currency and the sales volume in tonnes of the product concerned sold on the domestic market during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes of the product concerned sold on the domestic market during the period 1 July 2006-30 June 2007,

| — | the turnover in local currency and the sales volume in tonnes for the product concerned sold to other third countries during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes for the product concerned sold to other third countries during the period 1 July 2006-30 June 2007,

| — | whether the company intends to claim an individual margin (4) (individual margins can only be claimed by Turkish producers), |
| --- | --- |

—

whether the company intends to claim an individual margin (4) (individual margins can only be claimed by Turkish producers),

| — | the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period 1 July 2006-30 June 2007,

| — | the names and the precise activities of all related companies (5) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (5) involved in the production and/or selling (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting countries and any known associations of exporters/producers.

(ii)   Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the total turnover in € of the company during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the total turnover in € of the company during the period 1 July 2006-30 June 2007,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

| — | the precise activities of the company with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned,

| — | the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 July 2006-30 June 2007 of the imported product concerned originating in Thailand, Turkey and Ukraine, |
| --- | --- |

—

the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 July 2006-30 June 2007 of the imported product concerned originating in Thailand, Turkey and Ukraine,

| — | the names and the precise activities of all related companies (6) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (6) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Sampling for Community producers

In view of the large number of Community producers supporting the request, the Commission intends to investigate injury to the Community industry by applying sampling.

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in point 6 (b)(i) and in the formats indicated in point 7:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the total turnover in euro of the company during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 July 2006-30 June 2007,

| — | the precise activities of the company with regard to the production of the product concerned |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned

| — | the value in euro of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the value in euro of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007,

| — | the volume in tonnes of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the volume in tonnes of sales of the product concerned made in the Community market during the period 1 July 2006-30 June 2007,

| — | the volume in tonnes of the production of the product concerned during the period 1 July 2006-30 June 2007, |
| --- | --- |

—

the volume in tonnes of the production of the product concerned during the period 1 July 2006-30 June 2007,

| — | the names and the precise activities of all related companies (6) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (6) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

(iv)   Final selection of the sample

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of the sample after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the sample must reply to a questionnaire within the time limit set in point 6 (b)(iii) and must co-operate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).

6   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire or other claim forms

All interested parties should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

(ii)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(iii).

(iii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day time limit.

(b)   Specific time limit in respect of sampling

| (i) | The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in points 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (iii) | The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample. |
| --- | --- |

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (7) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate H |
| Office: J-79 4/23 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate H

Office: J-79 4/23

B-1049 Brussels

Fax (32-2) 295 65 05

8.   Non-cooperation

In cases in which 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 in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

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

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

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

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

11.   Processing of personal data

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

---

(1)  OJ C 296, 6.12.2006, p. 25.

(2)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(3)  OJ L 259, 27.9.2002, p. 8.

(4)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for Turkish companies not included in the sample.

(5)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(6)  For guidance on the meaning of related companies, please refer to Article 143 of Regulation (EEC) No 2454/93.

(7)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document 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).

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

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 26.9.2007 | EN | Official Journal of the European Union | C 226/17 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/17

---

Prior notification of a concentration

(Case COMP/M.4914 — Carlyle/Sequa)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 226/06)

| 1. | On 13 September 2007 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Carlyle Partners V L.P. controlled by The Carlyle Group (‘Carlyle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Sequa Corporation (‘Sequa’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 13 September 2007 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Carlyle Partners V L.P. controlled by The Carlyle Group (‘Carlyle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Sequa Corporation (‘Sequa’, USA) by way of purchase of shares.

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






  — | Carlyle: private equity investment, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Carlyle: private equity investment,

| — | Sequa: services for airline industry, automotive supply, metal coatings, chemicals, machinery, formal menswear. |
| --- | --- |

—

Sequa: services for airline industry, automotive supply, metal coatings, chemicals, machinery, formal menswear.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. 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. | 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4914 — Carlyle/Sequa to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4914 — Carlyle/Sequa to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 26.9.2007 | EN | Official Journal of the European Union | C 226/18 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/18

---

Prior notification of a concentration

(Case COMP/M.4761 — Bongrain/Sodiaal/JV)

(Text with EEA relevance)

(2007/C 226/07)

| 1. | On 13 September 2007, 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 Union de Coopératives agricoles Sodiaal (‘Sodiaal’, France) and Bongrain SA (‘Bongrain’, France) create, within the meaning of Articles 3(4) and 3(1)(b) of the Council Regulation, a joint venture (hereinafter, ‘JV’) by way of transfer of assets. |
| --- | --- |

1.

On 13 September 2007, 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 Union de Coopératives agricoles Sodiaal (‘Sodiaal’, France) and Bongrain SA (‘Bongrain’, France) create, within the meaning of Articles 3(4) and 3(1)(b) of the Council Regulation, a joint venture (hereinafter, ‘JV’) by way of transfer of assets.

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






  — | for Bongrain: dairy products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Bongrain: dairy products,

| — | for Sodiaal: dairy products, |
| --- | --- |

—

for Sodiaal: dairy products,

| — | for JV: cheese. |
| --- | --- |

—

for JV: cheese.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4761 — Bongrain/Sodiaal/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4761 — Bongrain/Sodiaal/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

---

| 26.9.2007 | EN | Official Journal of the European Union | C 226/19 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/19

---

Prior notification of a concentration

(Case COMP/M.4909 — Nissan Forklift/Atlet)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 226/08)

| 1. | On 7th September 2007 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Nissan Forklift Europe B.V. (‘Nissan’, Netherlands), controlled by Nissan Motor Co Ltd, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Atlet Aktiebolag (‘Atlet’, Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 7th September 2007 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Nissan Forklift Europe B.V. (‘Nissan’, Netherlands), controlled by Nissan Motor Co Ltd, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Atlet Aktiebolag (‘Atlet’, Sweden) by way of purchase of shares.

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






  — | Nissan: forklift trucks, warehouse equipment, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Nissan: forklift trucks, warehouse equipment,

| — | Atlet: warehouse equipment. |
| --- | --- |

—

Atlet: warehouse equipment.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. 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. | 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4909 — Nissan Forklift/Atlet, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4909 — Nissan Forklift/Atlet, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 26.9.2007 | EN | Official Journal of the European Union | C 226/20 |
| --- | --- | --- | --- |

26.9.2007

EN

Official Journal of the European Union

C 226/20

---

Prior notification of a concentration

(Case COMP/M.4865 — Siemens/Dade Behring)

(Text with EEA relevance)

(2007/C 226/09)

| 1. | On 20 September 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the German undertaking Siemens AG (‘Siemens’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Dade Behring Inc. (‘Dade Behring’, USA) by way of a purchase of shares. |
| --- | --- |

1.

On 20 September 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the German undertaking Siemens AG (‘Siemens’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Dade Behring Inc. (‘Dade Behring’, USA) by way of a purchase of shares.

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






  — | for Siemens: diversified company active in various manufacturing, technology and services business activities, including medical systems. Within the latter, Siemens is active in vitro diagnostics through its subsidiary Diagnostic Products Corporation, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Siemens: diversified company active in various manufacturing, technology and services business activities, including medical systems. Within the latter, Siemens is active in vitro diagnostics through its subsidiary Diagnostic Products Corporation,

| — | for Dade Behring: development, manufacture and sales of in vitro diagnostic systems for hospitals, medical laboratories and physicians' offices. |
| --- | --- |

—

for Dade Behring: development, manufacture and sales of in vitro diagnostic systems for hospitals, medical laboratories and physicians' offices.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4865 — Siemens/Dade Behring, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4865 — Siemens/Dade Behring, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

---