# Official Journal C 461/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 461 |
| | |
| English edition | Information and Notices | Volume 5910 December 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 461

English edition

Information and Notices

Volume 5910 December 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 461/01 | Non-opposition to a notified concentration (Case M.8230 — Nordea Bank/DNB/Relacom Management) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 461/01

Non-opposition to a notified concentration (Case M.8230 — Nordea Bank/DNB/Relacom Management) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2016/C 461/02 | Council Conclusions on the criteria for and process leading to the establishment of the EU list of non-cooperative jurisdictions for tax purposes | 2 |
| | European Commission |
| 2016/C 461/03 | Euro exchange rates | 6 |
| 2016/C 461/04 | Adoption of Commission Decision on the notification by Lithuania of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions | 7 |
| | Administrative Commission for the Coordination of Social Security Systems |
| 2016/C 461/05 | Rules of procedure of 21 October 2016 of the Advisory Committee for the Coordination of Social Security Systems | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2016/C 461/02

Council Conclusions on the criteria for and process leading to the establishment of the EU list of non-cooperative jurisdictions for tax purposes

2

European Commission

2016/C 461/03

Euro exchange rates

6

2016/C 461/04

Adoption of Commission Decision on the notification by Lithuania of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions

7

Administrative Commission for the Coordination of Social Security Systems

2016/C 461/05

Rules of procedure of 21 October 2016 of the Advisory Committee for the Coordination of Social Security Systems

8

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2016/C 461/06 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China | 12 |
| 2016/C 461/07 | Notice of initiation of an anti-dumping proceeding concerning imports of certain cast iron articles originating in the People's Republic of China and in India | 22 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 461/08 | Prior notification of a concentration (Case M.8262 — Fosun International/Tom Tailor) — Candidate case for simplified procedure (
  1
  ) | 33 |
| 2016/C 461/09 | Prior notification of a concentration (Case M.8317 — KKR/Calsonic Kansei) — Candidate case for simplified procedure (
  1
  ) | 34 |
| | OTHER ACTS |
| | European Commission |
| 2016/C 461/10 | Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 35 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2016/C 461/06

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China

12

2016/C 461/07

Notice of initiation of an anti-dumping proceeding concerning imports of certain cast iron articles originating in the People's Republic of China and in India

22

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 461/08

Prior notification of a concentration (Case M.8262 — Fosun International/Tom Tailor) — Candidate case for simplified procedure (
  1
  )

1

33

2016/C 461/09

Prior notification of a concentration (Case M.8317 — KKR/Calsonic Kansei) — Candidate case for simplified procedure (
  1
  )

1

34

OTHER ACTS

European Commission

2016/C 461/10

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

35

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 10.12.2016 | EN | Official Journal of the European Union | C 461/1 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/1

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Non-opposition to a notified concentration

(Case M.8230 — Nordea Bank/DNB/Relacom Management)

(Text with EEA relevance)

(2016/C 461/01)

On 5 December 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8230. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8230. EUR-Lex is the online access to European law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 10.12.2016 | EN | Official Journal of the European Union | C 461/2 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/2

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COUNCIL CONCLUSIONS

on the criteria for and process leading to the establishment of the EU list of non-cooperative jurisdictions for tax purposes (*1)

(2016/C 461/02)

THE COUNCIL OF THE EUROPEAN UNION,

| 1. | CONFIRMS its priority commitment to continue the fight against tax fraud, evasion and avoidance, and against money laundering which erode Member States' tax bases; |
| --- | --- |

1.

CONFIRMS its priority commitment to continue the fight against tax fraud, evasion and avoidance, and against money laundering which erode Member States' tax bases;

| 2. | IS OF THE VIEW that coordinated policy efforts in this area at EU and global level, such as determining the objective criteria to identify non-cooperative jurisdictions for tax purposes are part of effective measures that will contribute to economic growth and tax certainty; |
| --- | --- |

2.

IS OF THE VIEW that coordinated policy efforts in this area at EU and global level, such as determining the objective criteria to identify non-cooperative jurisdictions for tax purposes are part of effective measures that will contribute to economic growth and tax certainty;

| 3. | RECALLS the Council Conclusions on an external taxation strategy and measures against tax treaty abuse of 25 May 2016 and in particular points 6 to 10 of those Conclusions; |
| --- | --- |

3.

RECALLS the Council Conclusions on an external taxation strategy and measures against tax treaty abuse of 25 May 2016 and in particular points 6 to 10 of those Conclusions;

| 4. | RESOLVES that the EU list of non-cooperative jurisdictions will be determined by the Council in 2017; |
| --- | --- |

4.

RESOLVES that the EU list of non-cooperative jurisdictions will be determined by the Council in 2017;

| 5. | WELCOMES, in this context, the preparatory work by the Code of Conduct Group (Business Taxation) and the European Commission conducted so far; |
| --- | --- |

5.

WELCOMES, in this context, the preparatory work by the Code of Conduct Group (Business Taxation) and the European Commission conducted so far;

| 6. | APPROVES the Annex to these Conclusions and NOTES that future work in this area should be coordinated with and build on the developments in the Global Forum on Transparency and Exchange of Information for Tax Purposes and the OECD Inclusive Framework for Tackling Base Erosion and Profit Shifting; |
| --- | --- |

6.

APPROVES the Annex to these Conclusions and NOTES that future work in this area should be coordinated with and build on the developments in the Global Forum on Transparency and Exchange of Information for Tax Purposes and the OECD Inclusive Framework for Tackling Base Erosion and Profit Shifting;

| 7. | CALLS for high international tax good governance standards relating to tax transparency, fair taxation and anti-BEPS measures, and as regards tax transparency in particular; |
| --- | --- |

7.

CALLS for high international tax good governance standards relating to tax transparency, fair taxation and anti-BEPS measures, and as regards tax transparency in particular;

| 8. | TAKES NOTE, as regards tax transparency, of the commitment by over 100 jurisdictions to implement the Common Reporting Standard (CRS) and takes stock of the ongoing monitoring by the Global Forum on Transparency and Exchange of Information for Tax Purposes and the assessment of the international standards on Automatic Exchange of Information and Exchange of Information on Request; |
| --- | --- |

8.

TAKES NOTE, as regards tax transparency, of the commitment by over 100 jurisdictions to implement the Common Reporting Standard (CRS) and takes stock of the ongoing monitoring by the Global Forum on Transparency and Exchange of Information for Tax Purposes and the assessment of the international standards on Automatic Exchange of Information and Exchange of Information on Request;

| 9. | TAKES NOTE, as regards fair taxation and anti-BEPS measures, of the ongoing work at the OECD Inclusive Framework for Tackling Base Erosion and Profit Shifting, including work of the Forum on Harmful Tax Practices as part of it; |
| --- | --- |

9.

TAKES NOTE, as regards fair taxation and anti-BEPS measures, of the ongoing work at the OECD Inclusive Framework for Tackling Base Erosion and Profit Shifting, including work of the Forum on Harmful Tax Practices as part of it;

| 10. | ASKS the Code of Conduct Group (Business Taxation) and its relevant subgroup to finalise by January 2017 its work on selection of the jurisdictions for screening on the basis of the European Commission's Scoreboard and to continue exploring defensive measures at EU level to be endorsed by the Council, in line with the Council Conclusions of May 2016. |
| --- | --- |

10.

ASKS the Code of Conduct Group (Business Taxation) and its relevant subgroup to finalise by January 2017 its work on selection of the jurisdictions for screening on the basis of the European Commission's Scoreboard and to continue exploring defensive measures at EU level to be endorsed by the Council, in line with the Council Conclusions of May 2016.

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(*1)  The Council agreed to publish these conclusions for information purposes in the Official Journal.

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ANNEX

I.   CRITERIA FOR SCREENING JURISDICTIONS WITH A VIEW TO ESTABLISHING AN EU LIST OF NON-COOPERATIVE JURISDICTIONS

The following tax good governance criteria should be used to screen jurisdictions, with a view to establishing the EU list of non-cooperative jurisdictions for tax purposes, in line with the guidelines for the screening. The compliance of jurisdictions on tax transparency, fair taxation and the implementation of BEPS measures will be assessed cumulatively in the screening process.

As regards future screenings, these criteria will be adjusted by the Council, as necessary, having regard to evolution in international standards, future ratings of those standards and the importance of continued and rapid progress by all relevant jurisdictions in these areas.

1.   Tax transparency criteria

Criteria that a jurisdiction should fulfil in order to be considered compliant on tax transparency:

| 1.1. | initial criterion with respect to the OECD Automatic Exchange of Information (AEOI) standard (the Common Reporting Standard — CRS): the jurisdiction, should have committed to and started the legislative process to implement effectively the CRS, with first exchanges in 2018 (with respect to the year 2017) at the latest and have arrangements in place to be able to exchange information with all Member States, by the end of 2017, either by signing the Multilateral Competent Authority Agreement (MCAA) or through bilateral agreements;
  future criterion with respect to the CRS as from 2018: the jurisdiction, should possess at least a ‘Largely Compliant’ rating by the Global Forum with respect to the AEOI CRS; and |
| --- | --- |

1.1.

initial criterion with respect to the OECD Automatic Exchange of Information (AEOI) standard (the Common Reporting Standard — CRS): the jurisdiction, should have committed to and started the legislative process to implement effectively the CRS, with first exchanges in 2018 (with respect to the year 2017) at the latest and have arrangements in place to be able to exchange information with all Member States, by the end of 2017, either by signing the Multilateral Competent Authority Agreement (MCAA) or through bilateral agreements;

future criterion with respect to the CRS as from 2018: the jurisdiction, should possess at least a ‘Largely Compliant’ rating by the Global Forum with respect to the AEOI CRS; and

| 1.2. | the jurisdiction should possess at least a ‘Largely Compliant’ rating by the Global Forum with respect to the OECD Exchange of Information on Request (EOIR) standard, with due regard to the fast track procedure; and |
| --- | --- |

1.2.

the jurisdiction should possess at least a ‘Largely Compliant’ rating by the Global Forum with respect to the OECD Exchange of Information on Request (EOIR) standard, with due regard to the fast track procedure; and

| 1.3. | (for sovereign states) the jurisdiction should have either:






  (i) | ratified, agreed to ratify, be in the process of ratifying, or committed to the entry into force, within a reasonable time frame, of the OECD Multilateral Convention on Mutual Administrative Assistance (MCMAA) in Tax Matters, as amended; or |
| --- | --- | --- |

1.3.

(for sovereign states) the jurisdiction should have either:

(i)

ratified, agreed to ratify, be in the process of ratifying, or committed to the entry into force, within a reasonable time frame, of the OECD Multilateral Convention on Mutual Administrative Assistance (MCMAA) in Tax Matters, as amended; or

| (ii) | a network of exchange arrangements in force by 31 December 2018 which is sufficiently broad to cover all Member States, effectively allowing both EOIR and AEOI; |
| --- | --- |

(ii)

a network of exchange arrangements in force by 31 December 2018 which is sufficiently broad to cover all Member States, effectively allowing both EOIR and AEOI;

(for non-sovereign jurisdictions) the jurisdiction should either:

| (i) | participate in the MCMAA, as amended, which is either already in force or expected to enter into force for them within a reasonable timeframe; or |
| --- | --- |

(i)

participate in the MCMAA, as amended, which is either already in force or expected to enter into force for them within a reasonable timeframe; or

| (ii) | have a network of exchange arrangements in force, or have taken the necessary steps to bring such exchange agreements into force within a reasonable timeframe, which is sufficiently broad to cover all Member States, allowing both EOIR and AEOI; |
| --- | --- |

(ii)

have a network of exchange arrangements in force, or have taken the necessary steps to bring such exchange agreements into force within a reasonable timeframe, which is sufficiently broad to cover all Member States, allowing both EOIR and AEOI;

| 1.4. | future criterion: in view of the initiative for future global exchange of beneficial ownership information, the aspect of beneficial ownership will be incorporated at a later stage as a fourth transparency criterion for screening. |
| --- | --- |

1.4.

future criterion: in view of the initiative for future global exchange of beneficial ownership information, the aspect of beneficial ownership will be incorporated at a later stage as a fourth transparency criterion for screening.

Until 30 June 2019, the following exception should apply:

| — | a jurisdiction could be regarded as compliant on tax transparency, if it fulfils at least two of the criteria 1.1, 1.2 or 1.3. |
| --- | --- |

—

a jurisdiction could be regarded as compliant on tax transparency, if it fulfils at least two of the criteria 1.1, 1.2 or 1.3.

This exception does not apply to the jurisdictions which are rated ‘Non Compliant’ on criterion 1.2 or which have not obtained at least ‘Largely Compliant’ rating on that criterion by 30 June 2018.

Countries and jurisdictions which will feature in the list of non-cooperative jurisdictions currently being prepared by the OECD and G20 members will be considered for inclusion in the EU list, regardless of whether they have been selected for the screening exercise.

2.   Fair taxation

Criteria that a jurisdiction should fulfil in order to be considered compliant on fair taxation:

| 2.1. | the jurisdiction should have no preferential tax measures that could be regarded as harmful according to the criteria set out in the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 1 December 1997 on a code of conduct for business taxation (1); and |
| --- | --- |

2.1.

the jurisdiction should have no preferential tax measures that could be regarded as harmful according to the criteria set out in the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 1 December 1997 on a code of conduct for business taxation (1); and

| 2.2. | the jurisdiction should not facilitate offshore structures or arrangements aimed at attracting profits which do not reflect real economic activity in the jurisdiction. |
| --- | --- |

2.2.

the jurisdiction should not facilitate offshore structures or arrangements aimed at attracting profits which do not reflect real economic activity in the jurisdiction.

3.   Implementation of anti-BEPS measures

| 3.1. | Initial criterion that a jurisdiction should fulfil in order to be considered compliant as regards the implementation of anti-BEPS measures:






  — | the jurisdiction, should commit, by the end of 2017, to the agreed OECD anti-BEPS minimum standards and their consistent implementation. |
| --- | --- | --- |

3.1.

Initial criterion that a jurisdiction should fulfil in order to be considered compliant as regards the implementation of anti-BEPS measures:

—

the jurisdiction, should commit, by the end of 2017, to the agreed OECD anti-BEPS minimum standards and their consistent implementation.

| 3.2. | Future criterion that a jurisdiction should fulfil in order to be considered compliant as regards the implementation of anti-BEPS measures (to be applied once the reviews by the Inclusive Framework of the agreed minimum standards are completed):






  — | the jurisdiction should receive a positive assessment (2) for the effective implementation of the agreed OECD anti-BEPS minimum standards. |
| --- | --- | --- |

3.2.

Future criterion that a jurisdiction should fulfil in order to be considered compliant as regards the implementation of anti-BEPS measures (to be applied once the reviews by the Inclusive Framework of the agreed minimum standards are completed):

—

the jurisdiction should receive a positive assessment (2) for the effective implementation of the agreed OECD anti-BEPS minimum standards.

II.   GUIDELINES FOR THE PROCESS OF SCREENING OF JURISDICTIONS WITH A VIEW TO ESTABLISHING AN EU LIST OF NON-COOPERATIVE JURISDICTIONS FOR TAX PURPOSES

| 1. | The screening of the relevant jurisdictions by the Code of Conduct Group (Business Taxation) on the basis of the criteria set out in Part I of this Annex should begin swiftly, with a view to the Council endorsing the EU list of non-cooperative tax jurisdictions before the end of 2017. |
| --- | --- |

1.

The screening of the relevant jurisdictions by the Code of Conduct Group (Business Taxation) on the basis of the criteria set out in Part I of this Annex should begin swiftly, with a view to the Council endorsing the EU list of non-cooperative tax jurisdictions before the end of 2017.

| 2. | The Code of Conduct Group (Business Taxation), supported by the General Secretariat of the Council will conduct and oversee the screening process. The Commission services will assist the Code of Conduct Group (Business Taxation) by carrying out the necessary preparatory work for the screening process in accordance with the roles as currently defined under the Code of Conduct for Business Taxation process, with particular reference to previous and ongoing dialogues with third countries. |
| --- | --- |

2.

The Code of Conduct Group (Business Taxation), supported by the General Secretariat of the Council will conduct and oversee the screening process. The Commission services will assist the Code of Conduct Group (Business Taxation) by carrying out the necessary preparatory work for the screening process in accordance with the roles as currently defined under the Code of Conduct for Business Taxation process, with particular reference to previous and ongoing dialogues with third countries.

| 3. | In the screening process, stock should be taken of the work achieved by the Global Forum on Transparency and Exchange of Information for Tax Purposes and the OECD Inclusive Framework for Tackling Base Erosion and Profit Shifting. |
| --- | --- |

3.

In the screening process, stock should be taken of the work achieved by the Global Forum on Transparency and Exchange of Information for Tax Purposes and the OECD Inclusive Framework for Tackling Base Erosion and Profit Shifting.

| 4. | By January 2017, letters should be sent to jurisdictions selected for screening, inviting these jurisdictions to engage in the process, while ensuring appropriate transparency of this process. |
| --- | --- |

4.

By January 2017, letters should be sent to jurisdictions selected for screening, inviting these jurisdictions to engage in the process, while ensuring appropriate transparency of this process.

| 5. | By February 2017, the Code of Conduct Group (Business Taxation) should nominate, where relevant, Member States and/or their experts, or groups thereof, to work together with the Commission on the screening of relevant jurisdictions. |
| --- | --- |

5.

By February 2017, the Code of Conduct Group (Business Taxation) should nominate, where relevant, Member States and/or their experts, or groups thereof, to work together with the Commission on the screening of relevant jurisdictions.

| 6. | By summer 2017 written contacts and, where necessary, bilateral discussions with jurisdictions concerned should take place, to further engage in the dialogue and explore solutions to concerns with the tax systems of these jurisdictions, as well as to obtain the necessary commitments. The Code of Conduct Group (Business Taxation) should be kept informed and actively involved in this process. |
| --- | --- |

6.

By summer 2017 written contacts and, where necessary, bilateral discussions with jurisdictions concerned should take place, to further engage in the dialogue and explore solutions to concerns with the tax systems of these jurisdictions, as well as to obtain the necessary commitments. The Code of Conduct Group (Business Taxation) should be kept informed and actively involved in this process.

| 7. | By September 2017 the outcome of the bilateral discussions and the state of play thereof should be presented to the Code of Conduct Group (Business Taxation). |
| --- | --- |

7.

By September 2017 the outcome of the bilateral discussions and the state of play thereof should be presented to the Code of Conduct Group (Business Taxation).

| 8. | By the end of 2017, following the necessary preparatory steps at the Code of Conduct Group (Business Taxation), in coordination with the High Level Working Party on Tax Questions, the Council should endorse the EU list of non-cooperative jurisdictions. |
| --- | --- |

8.

By the end of 2017, following the necessary preparatory steps at the Code of Conduct Group (Business Taxation), in coordination with the High Level Working Party on Tax Questions, the Council should endorse the EU list of non-cooperative jurisdictions.

| 9. | The work on exploring defensive measures at EU level in line with the Council Conclusions of May 2016 should be completed in due time. Any defensive measures should be without prejudice to the respective spheres of competence of the Member States, such as to apply additional measures or maintain lists of non-cooperative jurisdictions at national level of a broader scope. |
| --- | --- |

9.

The work on exploring defensive measures at EU level in line with the Council Conclusions of May 2016 should be completed in due time. Any defensive measures should be without prejudice to the respective spheres of competence of the Member States, such as to apply additional measures or maintain lists of non-cooperative jurisdictions at national level of a broader scope.

| 10. | As soon as the listing process is completed, letters should be sent to the listed non-cooperative jurisdictions without delay, with clear explanation for such listing and which steps from a jurisdiction concerned are expected, in order to de-list that jurisdiction. |
| --- | --- |

10.

As soon as the listing process is completed, letters should be sent to the listed non-cooperative jurisdictions without delay, with clear explanation for such listing and which steps from a jurisdiction concerned are expected, in order to de-list that jurisdiction.

| 11. | Given that developing countries may lack the capacity to implement the tax transparency standards and anti-BEPS minimum standards according to the same timeline as developed countries, particular account should be taken of this situation during the screening process, provided that such jurisdictions do not rank high in terms of financial activity and do not have financial centres. |
| --- | --- |

11.

Given that developing countries may lack the capacity to implement the tax transparency standards and anti-BEPS minimum standards according to the same timeline as developed countries, particular account should be taken of this situation during the screening process, provided that such jurisdictions do not rank high in terms of financial activity and do not have financial centres.

| 12. | The Code of Conduct Group (Business Taxation) should further develop the appropriate arrangements on the practical methods and modalities on implementing these guidelines with a view to effective implementation of the screening process of jurisdictions with a view to the establishment by the Council of an EU list of non-cooperative jurisdictions for tax purposes. |
| --- | --- |

12.

The Code of Conduct Group (Business Taxation) should further develop the appropriate arrangements on the practical methods and modalities on implementing these guidelines with a view to effective implementation of the screening process of jurisdictions with a view to the establishment by the Council of an EU list of non-cooperative jurisdictions for tax purposes.

| 13. | Inter alia, the Code of Conduct Group (Business Taxation) should define, by January 2017, based on objective criteria, the duration of the reasonable timeframe, referred to in criterion 1.3 as well as the scope of application of criterion 2.2. In the context of criterion 2.2, the Code of Conduct Group (Business Taxation) should evaluate the absence of a corporate tax system or applying a nominal corporate tax rate equal to zero or almost zero as a possible indicator. |
| --- | --- |

13.

Inter alia, the Code of Conduct Group (Business Taxation) should define, by January 2017, based on objective criteria, the duration of the reasonable timeframe, referred to in criterion 1.3 as well as the scope of application of criterion 2.2. In the context of criterion 2.2, the Code of Conduct Group (Business Taxation) should evaluate the absence of a corporate tax system or applying a nominal corporate tax rate equal to zero or almost zero as a possible indicator.

| 14. | The EU list of non-cooperative jurisdictions should be regularly updated, as necessary, by the Council, along these guidelines, on the basis of information that will be made available to the Commission and/or to the Code of Conduct Group (Business Taxation). |
| --- | --- |

14.

The EU list of non-cooperative jurisdictions should be regularly updated, as necessary, by the Council, along these guidelines, on the basis of information that will be made available to the Commission and/or to the Code of Conduct Group (Business Taxation).

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(1)  OJ C 2, 6.1.1998, p. 2.

(2)  Once the methodology is agreed, the wording of the criterion will be revised by the Council accordingly.

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European Commission

| 10.12.2016 | EN | Official Journal of the European Union | C 461/6 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/6

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Euro exchange rates (1)

9 December 2016

(2016/C 461/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0559 |
| JPY | Japanese yen | 121,48 |
| DKK | Danish krone | 7,4369 |
| GBP | Pound sterling | 0,83935 |
| SEK | Swedish krona | 9,6910 |
| CHF | Swiss franc | 1,0756 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9805 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,027 |
| HUF | Hungarian forint | 314,45 |
| PLN | Polish zloty | 4,4454 |
| RON | Romanian leu | 4,4994 |
| TRY | Turkish lira | 3,6707 |
| AUD | Australian dollar | 1,4141 |
| CAD | Canadian dollar | 1,3914 |
| HKD | Hong Kong dollar | 8,1934 |
| NZD | New Zealand dollar | 1,4745 |
| SGD | Singapore dollar | 1,5079 |
| KRW | South Korean won | 1 237,00 |
| ZAR | South African rand | 14,5450 |
| CNY | Chinese yuan renminbi | 7,2931 |
| HRK | Croatian kuna | 7,5327 |
| IDR | Indonesian rupiah | 14 072,51 |
| MYR | Malaysian ringgit | 4,6708 |
| PHP | Philippine peso | 52,615 |
| RUB | Russian rouble | 66,6988 |
| THB | Thai baht | 37,664 |
| BRL | Brazilian real | 3,5815 |
| MXN | Mexican peso | 21,5825 |
| INR | Indian rupee | 71,3410 |

Currency

Exchange rate

USD

US dollar

1,0559

JPY

Japanese yen

121,48

DKK

Danish krone

7,4369

GBP

Pound sterling

0,83935

SEK

Swedish krona

9,6910

CHF

Swiss franc

1,0756

ISK

Iceland króna

NOK

Norwegian krone

8,9805

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,027

HUF

Hungarian forint

314,45

PLN

Polish zloty

4,4454

RON

Romanian leu

4,4994

TRY

Turkish lira

3,6707

AUD

Australian dollar

1,4141

CAD

Canadian dollar

1,3914

HKD

Hong Kong dollar

8,1934

NZD

New Zealand dollar

1,4745

SGD

Singapore dollar

1,5079

KRW

South Korean won

1 237,00

ZAR

South African rand

14,5450

CNY

Chinese yuan renminbi

7,2931

HRK

Croatian kuna

7,5327

IDR

Indonesian rupiah

14 072,51

MYR

Malaysian ringgit

4,6708

PHP

Philippine peso

52,615

RUB

Russian rouble

66,6988

THB

Thai baht

37,664

BRL

Brazilian real

3,5815

MXN

Mexican peso

21,5825

INR

Indian rupee

71,3410

---

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

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| 10.12.2016 | EN | Official Journal of the European Union | C 461/7 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/7

---

Adoption of Commission Decision on the notification by Lithuania of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions

(2016/C 461/04)

On 8 December 2016, the Commission adopted Commission Decision C(2016) 7891 on the notification by Lithuania of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions (1).

This document is available on the following internet site: https://circabc.europa.eu/w/browse/36205e98-8e7a-47d7-808d-931bc5baf6ee

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(1)  OJ L 334, 17.12.2010, p. 17.

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Administrative Commission for the Coordination of Social Security Systems

| 10.12.2016 | EN | Official Journal of the European Union | C 461/8 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/8

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RULES OF PROCEDURE

of 21 October 2016

of the Advisory Committee for the Coordination of Social Security Systems

(2016/C 461/05)

THE ADVISORY COMMITTEE FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS SET UP BY ARTICLE 75(1) OF REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 29 APRIL 2004 ON THE COORDINATION OF SOCIAL SECURITY SYSTEMS,

Having regard to Article 75 of Regulation (EC) No 883/2004,

Having regard to the standard rules of procedure of expert groups set out in Annex 3 to Commission Decision C(2016) 3301 of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups,

In order to enable the Advisory Committee to fulfil the tasks conferred upon it by Article 75(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1) and by Article 89(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),

Acting in accordance with the conditions laid down in the third subparagraph of Article 75(1) of Regulation (EC) No 883/2004,

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE OF THE ADVISORY COMMITTEE BY AN ABSOLUTE MAJORITY OF ITS MEMBERS:

Article 1

Frequency of meetings, convening and draft agenda

1.   The Advisory Committee shall meet at least once each year.

2.   The Chair shall notify each member and alternate member of the date of a meeting not less than 4 weeks before the date thereof. He/she shall simultaneously send them the draft agenda comprising the items to be examined. He/she shall, as far as possible at the same time, make any preparatory documents available to them.

3.   In cases of urgency, the Chair may curtail the period of 4 weeks referred to in paragraph 2, but shall in no case give less than 2 weeks' notice.

4.   If at least one third of the members of the Advisory Committee submit a written application, accompanied by concrete proposals concerning the agenda, that the Advisory Committee be convened, the Chair shall comply with the request within 3 weeks in accordance with paragraph 2.

5.   The draft agenda shall include matters falling within the competence of the Advisory Committee:

| (a) | which are proposed by the Chair; or |
| --- | --- |

(a)

which are proposed by the Chair; or

| (b) | for which a request for inclusion on the draft agenda and the relevant documentation, submitted by one or more members, have reached the Chair in writing not less than 10 days before the meeting. In this case the Chair must immediately bring such a request to the notice of the other members and alternate members of the Advisory Committee. |
| --- | --- |

(b)

for which a request for inclusion on the draft agenda and the relevant documentation, submitted by one or more members, have reached the Chair in writing not less than 10 days before the meeting. In this case the Chair must immediately bring such a request to the notice of the other members and alternate members of the Advisory Committee.

Article 2

Place of meetings

As a general rule, the Advisory Committee and the working parties set up under Article 9 shall hold their meetings at the seat of the European Commission.

Article 3

Agenda

1.   At the beginning of a meeting, the Advisory Committee shall approve the agenda which shall consist of the items included on the draft agenda referred to in Article 1(5) and any other items falling within the competence of the Advisory Committee, proposed by the Chair.

2.   During a meeting, any member may propose the inclusion of an item on the agenda for the subsequent meeting. At the beginning of this subsequent meeting, the Advisory Committee shall decide whether to include the proposed item on the agenda.

Article 4

Attendance at meetings

Besides the Chair and the members appointed in accordance with the first subparagraph of Article 75(1) of Regulation (EC) No 883/2004, the following persons may attend the meetings of the Advisory Committee:

| (a) | alternate members appointed in accordance with the second subparagraph of Article 75(1) of Regulation (EC) No 883/2004; they shall participate in the proceedings referred to in Articles 3, 5, 6, 7, and 12 only where they validly replace a member of the Advisory Committee; |
| --- | --- |

(a)

alternate members appointed in accordance with the second subparagraph of Article 75(1) of Regulation (EC) No 883/2004; they shall participate in the proceedings referred to in Articles 3, 5, 6, 7, and 12 only where they validly replace a member of the Advisory Committee;

| (b) | members of the European Commission's staff designated by the Chair; |
| --- | --- |

(b)

members of the European Commission's staff designated by the Chair;

| (c) | other experts in the field of social security coordination invited to give advice to the Advisory Committee by the Chair, including the coordinators of the European social partners organisations. |
| --- | --- |

(c)

other experts in the field of social security coordination invited to give advice to the Advisory Committee by the Chair, including the coordinators of the European social partners organisations.

Article 5

Proceedings

1.   The presence of a majority of members or of alternate members validly representing them shall constitute a quorum, account being taken of Article 7.

2.   Advisory Committee meetings shall not be public. In agreement with the Directorate-General for Employment, Social Affairs and Inclusion, the Advisory Committee may, by absolute majority of its members, decide that deliberations shall be public.

Article 6

Required majority, Adoption of opinions and proposals and written procedure

1.   Notwithstanding Articles 5(2), 12 and the third subparagraph of paragraph 3 of the present Article, the Advisory Committee shall decide by an absolute majority of the votes validly cast by the members or alternate members validly representing them. Blank votes and abstentions shall be considered as votes validly cast. The Chair shall not vote.

2.   The opinions and proposals referred to in Article 75(2)(b) of Regulation (EC) No 883/2004 shall, as a general rule, be put forward at a meeting of the Advisory Committee.

They shall state the reasons on which they are based.

The voting figures shall be stated in each opinion or proposal delivered by the Committee. The opinion or the proposal shall be accompanied by a written statement of the views of the minority, where the latter so requests.

Opinions and proposals shall be forwarded to the European Commission, the Administrative Commission for the Coordination of Social Security Systems and the members and alternate members of the Advisory Committee.

3.   The Advisory Committee may adopt an opinion or a proposal and other decisions by the use of a written procedure if such a written procedure was agreed at a prior meeting of the Advisory Committee.

To this end, the Chair shall communicate the text to be adopted to the members of the Advisory Committee. The members shall be given a set time limit of at least 10 working days within which the members shall have the possibility to state that they reject the proposed text or abstain from voting. No response within the set time limit shall be considered as an affirmative vote.

The Chair shall, at the expiry of the set time limit, inform the members of the result of the voting. An opinion, proposal or other decision having received affirmative votes by the absolute majority of the members of the Advisory Committee shall be considered adopted on the last day set for the period within which the members were asked to respond.

Article 7

Replacement of a member by another person than his/her alternate

1.   Any member who is unable to attend a meeting and who cannot arrange for his alternate to replace him/her, may authorise any other member or alternate member in his/her own category to vote on his/her behalf. Members so doing must inform the Chair thereof in writing before the meeting.

2.   Neither members nor alternate members may be given more than one proxy vote.

3.   A proxy vote is valid only for the meeting for which it has been given.

Article 8

Minutes of the meetings

1.   Minutes on the discussion on each point on the agenda and on the opinions, proposals and recommendations delivered by the Advisory Committee shall be meaningful and complete. Minutes shall be drafted by the Secretariat under the responsibility of the Chair.

2.   The minutes shall include the list of those present, also specifying, where appropriate, the Member States' authorities, organisations or other public entities to which the participants belong.

3.   The Advisory Committee shall approve the minutes.

4.   The minutes shall be submitted for approval by the Advisory Committee only if a draft has been sent to the members and alternate members at least 15 days before the date envisaged for the meeting. Should this document not have been sent in time, it shall be held over for approval until the next Advisory Committee meeting.

5.   Motions to amend the draft minutes shall be submitted in writing not later than the opening of the meeting at which they are to be approved.

Article 9

Working parties

1.   The Committee may set up working parties for specified tasks. It may dissolve such working parties if it deems fit.

2.   The members of the working parties shall be appointed by the Advisory Committee.

The Advisory Committee shall endeavour, when selecting representatives of trade union and employers' organisations, to achieve equitable representation in the working parties of the various sectors concerned.

3.   Working parties shall be chaired by the Chair of the Advisory Committee or by a person appointed by him/her.

4.   The Chair of a working party may, either on his/her own initiative or at the request of one or more members of the working party, invite experts to attend its meetings.

5.   Documents required for the proceedings of a working party shall be made available to all members and alternate members of the Advisory Committee.

Article 10

Secretariat

1.   The Directorate-General for Employment, Social Affairs and Inclusion shall provide the Secretariat for the Advisory Committee. The Secretariat shall, under the supervision of the Chair, organise the work of the Advisory Committee and of the working parties and shall assist in preparing draft opinions and proposals.

2.   Correspondence intended for the Advisory Committee, the working parties and the Secretariat shall be addressed to the email address dedicated to this end (empl-ss-advisory-committee@ec.europa.eu) within the Directorate-General for Employment, Social Affairs and Inclusion.

Article 11

Transparency

1.   The Advisory Committee and its working parties shall be registered on the Register of expert groups.

2.   Trade unions and employers' organisations shall be registered in the Transparency Register.

3.   The Secretariat shall make all relevant documents available, including the agendas, the minutes and the participants' submissions, either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the Secretariat shall publish the agenda and other relevant background documents in due time ahead of the meeting, followed by publication of the approved minutes. Exceptions to publication shall only be foreseen where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in 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 (3).

4.   Applications for access to documents held by the group shall be handled in accordance with Regulation (EC) No 1049/2001.

Article 12

Entry into force, revision and repeal

1.   These rules of procedure shall enter into force on the day of their adoption by an absolute majority of the members of the Advisory Committee.

They shall be published in the Official Journal of the European Union.

2.   The Advisory Committee shall decide by an absolute majority of its members on the revision of its rules of procedure.

3.   The rules of procedure of the Advisory Committee of 22 October 2010 are repealed with effect from the date referred to in paragraph 1.

Done at Brussels, 21 October 2016.

The Chair of the Advisory Committee

Jordi CURELL GOTOR

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(1)  OJ L 166, 30.4.2004, p. 1, as lastly amended by Commission Regulation (EU) No 1368/2014 of 17 December 2014 (OJ L 366, 20.12.2014, p. 15).

1

(2)  OJ L 284, 30.10.2009, p. 1.

2

(3)  OJ L 145, 31.5.2001, p. 43.

3

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 10.12.2016 | EN | Official Journal of the European Union | C 461/12 |
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10.12.2016

EN

Official Journal of the European Union

C 461/12

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China

(2016/C 461/06)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China, the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 8 September 2016 by Seamless Stainless Steel Tubes Industry of the European Union (‘ESTA’ or ‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of certain seamless pipes and tubes of stainless steel (‘SSSPT’).

2.   Product under review

The product subject to this review is seamless pipes and tubes of stainless steel (excluding such pipes and tubes with attached fittings suitable for conducting gases or liquids for use in civil aircraft), ‘the product under review’), currently falling within CN codes 7304 11 00, 7304 22 00, 7304 24 00, ex 7304 41 00, 7304 49 10, ex 7304 49 93, ex 7304 49 95, ex 7304 49 99 and ex 7304 90 00 (TARIC codes 7304410090, 7304499390, 7304499590, 7304499990 and 7304900091), and originating in the People's Republic of China (‘the PRC’).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 1331/2011 (3).

4.   Grounds for the review

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 recurrence of dumping and recurrence of injury to the Union industry.

4.1.1.   Allegation of likelihood of recurrence of dumping

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China (‘the PRC’ or ‘the country concerned’) is considered to be a non-market economy country, the applicant established normal value for the imports from the PRC on the basis of the price in several market economy third countries, namely the United States of America and the Republic of Korea. The allegation of likelihood of recurrence of dumping is based on a comparison of the normal values thus established with the export price (at ex-works level) of the product under review when sold for export to the Union. The allegation of likelihood of recurrence of dumping is also based on a comparison of the normal values thus established with the export prices (at ex-works level) of the product under review when sold for export to India, South Korea and the USA, in view of the current absence of significant import volumes from the PRC to the Union.

On the basis of the above comparison, which shows dumping, the applicant alleges that there is a likelihood of recurrence of dumping from the country concerned.

4.1.2.   Allegation of likelihood of recurrence of injury

The applicant alleges the likelihood of recurrence of injury. In this respect the applicant has provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of the unused capacity of the exporting producers' manufacturing facilities in the PRC and due to the attractiveness of the EU market given that higher prices prevail in this market.

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

5.   Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

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

5.1.   
  Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 October 2015 to 30 September 2016 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2013 to the end of the investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of a likelihood of recurrence of dumping

Exporting producers (4) of the product under review from the country concerned, including those that did not cooperate in the investigation(s) leading to the measures in force, are invited to participate in the Commission investigation.

5.2.1.   Investigating exporting producers

Procedure for selecting exporting producers to be investigated in the PRC

Sampling

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their companies requested in Annex I to this Notice.

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

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

If sampling is necessary, the exporting producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies sampled.

In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers sampled, to any known association of exporting producers and to the authorities of the PRC.

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

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). The anti-dumping duty that may be applied to imports from the non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (5).

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

Selection of a market economy third country

Subject to the provisions of the section dealing with the treatment of exporting producers in the non-market economy country concerned, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the PRC normal value will be determined on the basis of the price or constructed value in a market economy third country.

In the previous investigation the EU was used as a market economy third country for the purpose of establishing normal value in respect of the PRC. For the purpose of the current investigation, the Commission envisages using the United States of America. According to the information available to the Commission, other market economy producers may be located, inter alia, in Republic of Korea, Ukraine, Japan, Norway and Turkey. With the aim of finally selecting the market economy third country, the Commission will check whether there is actual production and sales of the product under review in those market economy third countries for which it is indicated that product under review is being produced. Interested parties are hereby invited to comment on the choice of the analogue country within 10 days of the date of publication of this Notice in the Official Journal of the European Union.

5.2.3.   Investigating unrelated importers
   (6)
   (7)

Unrelated importers of the product under review from the PRC, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in this investigation.

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their companies requested in Annex II to this Notice.

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

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

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

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

5.3.   
  Procedure for the determination of a likelihood of recurrence of injury

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

5.3.1.   Investigating Union producers

Sampling of Union producers

In view of the large number of Union producers involved in this expiry review 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 (‘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 5.7 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation leading to the measures in force, 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 the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known associations 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.

5.4.   
  Procedure for the assessment of Union interest

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

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

5.5.   
  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.

5.6.   
  Possibility to be heard by the Commission investigation services

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

5.7.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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

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

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

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Email | : | TRADE-SSSPT-R657-DUMPING@ec.europa.eu
  TRADE-SSSPT-R657-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email

:

TRADE-SSSPT-R657-DUMPING@ec.europa.eu

TRADE-SSSPT-R657-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 shall 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 the likelihood of recurrence of dumping and injury, dumping, injury, causal link and Union interest.

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

8.   Schedule of the investigation

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

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

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

If any interested party considers that a review of the measures is warranted in order to allow for the possibility of amending the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.

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

10.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council 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 (9).

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(1)  OJ C 117, 2.4.2016, p. 10.

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

(3)  Council Implementing Regulation (EU) No 1331/2011 of 14 December 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China (OJ L 336, 20.12.2011, p. 6).

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

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

(6)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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

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

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

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ANNEX I

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN SEAMLESS PIPES AND TUBES OF STAINLESS STEEL ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF EXPORTING PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA

This form is designed to assist exporting producers in the People’s Republic of China in responding to the request for sampling information made in point 5.2.1 of the Notice of Initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER, SALES VOLUME, PRODUCTION AND PRODUCTION CAPACITY

As regards the product under review as defined in the Notice of Initiation and originating in the country concerned, for the review investigation period defined in Section 5.1 of the Notice, please indicate export sales to the Union for each of the 28 Member States (2) separately and in total, export sales to the rest of the world (total and the five biggest importing countries), domestic sales, production and production capacity. State the unit of weight or volume and the currency used.

Table I

Turnover, sales volume

Specify the unit of measurement

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under review, manufactured by your company

Total:

Name each Member State (1):

Export sales of the product under review, manufactured by your company to the rest of the world

Total:

Name the five biggest importing countries and give the respective volumes and values (1)

(1) This 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 (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia Slovenia, Spain, Sweden and the United Kingdom.

Image

Specify the unit of measurement

Value in accounting currency

Specify the currency used

Domestic sales of the product under review, manufactured by your company

(1) Add additional rows where necessary.

Table II

Production and production capacity

Specify the unit of measurement

Your company’s overall production of the product under review

Your company’s production capacity of the product under review

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

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

Company name and location

Activities

Relationship

4. OTHER INFORMATION

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

5. CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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ANNEX II

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF SEAMLESS PIPES AND TUBES OF STAINLESS STEEL ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.2.3 of the Notice of Initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight or volume for imports into the Union (2) and resales on the Union market after importation from the People’s Republic of China, during the review investigation period, seamless pipes and tubes of stainless steel as defined in the Notice of Initiation and the corresponding weight or volume. State the unit of weight or volume used.

Specify the unit of measurement

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under review into the Union

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

(1) This 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 (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Croatia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.

Image

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

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

Company name and location

Activities

Relationship

4. OTHER INFORMATION

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

5. CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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| 10.12.2016 | EN | Official Journal of the European Union | C 461/22 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/22

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Notice of initiation of an anti-dumping proceeding concerning imports of certain cast iron articles originating in the People's Republic of China and in India

(2016/C 461/07)

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

1.   Complaint

The complaint was lodged on 31 October 2016 by seven Union producers namely Fondatel Lecompte SA, Ulefos Niemisen Valimo Oy Ltd, Saint-Gobain PAM SA, Fonderies Dechaumont SA, Heinrich Meier Eisengießerei GmbH & Co. KG, Saint-Gobain Construction Products UK Ltd and Fundiciones de Odena SA (‘the complainants’) representing more than 25 % of the total Union production of certain cast iron articles.

2.   Product under investigation

The product subject to this investigation is certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof. These articles are of a kind used to:

| — | cover ground or sub-surfaces systems, and/or openings to ground or sub-surface systems, and also |
| --- | --- |

—

cover ground or sub-surfaces systems, and/or openings to ground or sub-surface systems, and also

| — | give access to ground or sub-surface systems and/or provide view to ground or sub-surface systems. |
| --- | --- |

—

give access to ground or sub-surface systems and/or provide view to ground or sub-surface systems.

The articles may be machined, coated, painted and/or fitted with other materials such as but not limited to concrete, paving slabs, or tiles, but exclude fire hydrants (‘castings’ or ‘the product under investigation’).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the PRC and in India (‘the countries concerned’), currently falling within CN codes ex 7325 10 00 and ex 7325 99 10. These CN codes are given for information only.

The allegation of dumping from India is based on a comparison of the domestic price with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the PRC is considered to be a non-market economy country, the complainants have established a normal value for the imports from the PRC on the basis of the price in a market economy third country, namely the United States of America (‘United States’). In addition the complainants also established normal value on the basis of prices in Norway and India (2). 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 margins calculated are significant for the countries concerned.

4.   Allegation of injury and causation

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

The prima facie evidence provided by the complainants show that the volume of the imported product under investigation has had, among other consequences, a negative impact on the quantities sold and on the market share held by the Union industry, resulting in substantial adverse effects on the overall performance of the Union industry.

5.   Procedure

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

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

5.1.   
  Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 October 2015 to 30 September 2016 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2013 to the end of the investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of dumping

Exporting producers (3) of the product under investigation from the countries concerned are invited to participate in the Commission investigation.

5.2.1.   Investigating exporting producers

Procedure for selecting exporting producers to be investigated the countries concerned

(a)   Sampling

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

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

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

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

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

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

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

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to Section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (4).

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

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation that the Commission establish their individual dumping margins. The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the non-market economy country who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in Section 5.2.2.2 below.

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

5.2.2.   Additional procedure with regard to exporting producers in the non-market economy countries concerned

5.2.2.1.   Selection of a market economy third country

Subject to the provisions of Section 5.2.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the PRC 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 India. According to the information available to the Commission, other market economy producers are, inter alia, Norway, the United States, Turkey and Iran. 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. Interested parties are hereby invited to comment on the appropriateness of the choice of the analogue country within 10 days of the date of publication of this Notice in the Official Journal of the European Union.

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

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the PRC, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated MET claim to this effect. 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 (5) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

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

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

5.2.3.   Investigating unrelated importers
   (6)
   (7)

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

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

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

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

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

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

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

5.3.   
  Procedure for the determination of injury and investigating Union producers

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

In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by 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 5.7 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.

5.4.   
  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.

5.5.   
  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.

5.6.   
  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.

5.7.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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

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

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

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Email addresses: |
| For dumping aspects | : | TRADE-AD637-CASTINGS-DUMPING-PRC@ec.europa.eu
  TRADE-AD637-CASTINGS-DUMPING-INDIA@ec.europa.eu |
| For injury aspects | : | TRADE-AD637-CASTINGS-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email addresses:

For dumping aspects

:

TRADE-AD637-CASTINGS-DUMPING-PRC@ec.europa.eu

TRADE-AD637-CASTINGS-DUMPING-INDIA@ec.europa.eu

For injury aspects

:

TRADE-AD637-CASTINGS-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

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

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

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

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

8.   Schedule of the investigation

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

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (9).

---

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

(2)  The complainants argued that India cannot be considered an appropriate analogue country due to the market distortions caused by subsidies, in particular the imposition of an export tax on iron ore and the dual freight policy for railway transport of iron ore which reduce the cost of the main raw material for producers of the product under investigation. See Commission Implementing Regulation (EU) 2016/387 of 17 March 2016 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India (OJ L 73, 18.3.2016, p. 1), at recital 278.

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

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

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

(6)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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

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

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

---

ANNEX I

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN CAST IRON ARTICLES ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA AND IN INDIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF EXPORTING PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA AND IN INDIA

This form is designed to assist exporting producers in the People’s Republic of China and India in responding to the request for sampling information made in point 5.2.1 of the notice of initiation.

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

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER AND SALES VOLUME

Indicate the turnover in the accounting currency of the company during the investigation period, i.e. 1 October 2015 to 30 September 2016, (export sales to the Union for each of the 28 Member States (2) separately and in total and domestic sales) of certain cast iron articles as defined in the notice of initiation and the corresponding weight or volume. State the weight in tonnes and the currency used.

Tonnes

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under investigation, manufactured by your company

Total:

Name each Member State (1):

Domestic sales of the product under investigation, manufactured by your company

(1) Add additional rows where necessary.

(1) This 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 (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia Slovenia, Spain, Sweden, and the United Kingdom.

Image

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

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

Company name and location

Activities

Relationship

4. OTHER INFORMATION

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

5. INDIVIDUAL DUMPING MARGIN

The company declares that, in the event that it is not selected to be in the sample, it would like to receive a questionnaire and other claim forms in order to fill these in and thus claim an individual dumping margin in accordance with section 5.2.1 (b) of the notice of initiation.

☐ Yes

☐ No

6. CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

---

ANNEX II

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN CAST IRON ARTICLES ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA AND IN INDIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.2.3 of the notice of initiation.

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

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight or volume for imports into the Union (2) and re-sales on the Union market after importation from the PRC and/or India, during the investigation period, i.e. 1 October 2015 to 30 September 2016, of certain cast iron articles as defined in the notice of initiation and the corresponding weight. State the weight in tonnes and value in euros.

Tonnes

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under investigation into the Union

Re-sales on the Union market after importation from the PRC and/or India of the product under investigation

(1) This 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 (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Croatia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the United Kingdom.

Image

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

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

Company name and location

Activities

Relationship

4. OTHER INFORMATION

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

5. CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 10.12.2016 | EN | Official Journal of the European Union | C 461/33 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/33

---

Prior notification of a concentration

(Case M.8262 — Fosun International/Tom Tailor)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 461/08)

| 1. | On 24 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Fosun International Limited (‘Fosun’, China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Tom Tailor Holding AG (‘Tom Tailor’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 24 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Fosun International Limited (‘Fosun’, China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Tom Tailor Holding AG (‘Tom Tailor’, Germany) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Fosun: insurance, banking, investment, asset management, pharmaceutical, healthcare, steel and mining, real estate, consumer and lifestyle,
  —   for Tom Tailor: sale of classic and modern casual wear for men, women and children in Germany, Austria, Switzerland, the Benelux countries and France under the brands Tom Tailor, Tom Tailor Denim, Tom Tailor Contemporary, Tom Tailor Polo Team, Bonita and Bonita Men. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Fosun: insurance, banking, investment, asset management, pharmaceutical, healthcare, steel and mining, real estate, consumer and lifestyle,

—   for Tom Tailor: sale of classic and modern casual wear for men, women and children in Germany, Austria, Switzerland, the Benelux countries and France under the brands Tom Tailor, Tom Tailor Denim, Tom Tailor Contemporary, Tom Tailor Polo Team, Bonita and Bonita Men.

| 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8262 — Fosun International/Tom Tailor, 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8262 — Fosun International/Tom Tailor, 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.

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| 10.12.2016 | EN | Official Journal of the European Union | C 461/34 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/34

---

Prior notification of a concentration

(Case M.8317 — KKR/Calsonic Kansei)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 461/09)

| 1. | On 5 December 2016, the Commission received a notification of a proposed concentration, pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which KKR & Co. L.P. (‘KKR’, United States) will acquire indirect sole control over Calsonic Kansei Corporation (‘Calsonic Kansei’, Japan) within the meaning of Article 3(1)(b) of the Merger Regulation, by means of a purchase of shares. |
| --- | --- |

1.

On 5 December 2016, the Commission received a notification of a proposed concentration, pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which KKR & Co. L.P. (‘KKR’, United States) will acquire indirect sole control over Calsonic Kansei Corporation (‘Calsonic Kansei’, Japan) within the meaning of Article 3(1)(b) of the Merger Regulation, by means of a purchase of shares.

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






  — | KKR is a global investment firm offering a broad range of alternative asset funds and investment products in a variety of sectors, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

KKR is a global investment firm offering a broad range of alternative asset funds and investment products in a variety of sectors,

| — | Calsonic Kansei is a global auto parts supplier with a wide range of auto parts including Cockpit Module, climate control systems, engine cooling products, automotive compressors and exhaust systems. |
| --- | --- |

—

Calsonic Kansei is a global auto parts supplier with a wide range of auto parts including Cockpit Module, climate control systems, engine cooling products, automotive compressors and exhaust systems.

| 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 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 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8317 — KKR/Calsonic Kansei, 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8317 — KKR/Calsonic Kansei, 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.

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OTHER ACTS

European Commission

| 10.12.2016 | EN | Official Journal of the European Union | C 461/35 |
| --- | --- | --- | --- |

10.12.2016

EN

Official Journal of the European Union

C 461/35

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Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2016/C 461/10)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF A PROTECTED DESIGNATION OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATION WHICH IS NOT MINOR

Application for approval of an amendment in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

‘MOGETTE DE VENDÉE’

EU No: PGI-FR-02129 — 18.3.2016

PDO ( ) PGI ( X )

1.   Applicant group and legitimate interest

| Vendée Qualité — Section Mogette |
| --- |
| Address: Maison de l’Agriculture |
| 21, Boulevard Réaumur |
| 85013 Roche-sur-Yon cedex |
| FRANCE |
| Tel. +33 251368251 |
| Fax +33 251368454 |
| E-mail: contact@vendeequalite.fr |

Vendée Qualité — Section Mogette

Address: Maison de l’Agriculture

21, Boulevard Réaumur

85013 Roche-sur-Yon cedex

FRANCE

Tel. +33 251368251

Fax +33 251368454

E-mail: contact@vendeequalite.fr

Composition and legitimate interest: Mogette bean producers, producer group, harvesters/sorters, canning factories and manufacturers belonging to an association governed by the Law of 1 July 1901. Bringing together all operators with a link to the ‘Mogette de Vendée’ PGI, the association may legitimately submit the application to amend the specification.

2.   Member State or Third Country

France

3.   Heading in the product specification affected by the amendment(s)

| — | ☐ | Name of product |
| --- | --- | --- |
| — | ☒ | Description of product |
| — | ☐ | Geographical area |
| — | ☒ | Proof of origin |
| — | ☒ | Method of production |
| — | ☒ | Link |
| — | ☒ | Labelling |
| — | ☒ | Other: applicant group/inspection body/national requirements/geographical area |

—

☐

Name of product

—

☒

Description of product

—

☐

Geographical area

—

☒

Proof of origin

—

☒

Method of production

—

☒

Link

—

☒

Labelling

—

☒

Other: applicant group/inspection body/national requirements/geographical area

4.   Type of amendment(s)

| — | ☒ | Amendment to the product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. |
| --- | --- | --- |
| — | ☐ | Amendments to the product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published and which cannot be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. |

—

☒

Amendment to the product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

—

☐

Amendments to the product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published and which cannot be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

5.   Amendment(s)

Description of product

| — | The characteristics of the plant have been deleted as it is the bean which is covered by the PGI. The description of the bean remains unchanged.
  The characteristics have therefore also been deleted from section 3.2 of the Single Document. |
| --- | --- |

—

The characteristics of the plant have been deleted as it is the bean which is covered by the PGI. The description of the bean remains unchanged.

The characteristics have therefore also been deleted from section 3.2 of the Single Document.

| — | The description of ‘Mogette de Vendée’ is broken down into three paragraphs addressing respectively the dry bean, frozen half-dry bean, and sterilised or pasteurised ‘Mogette de Vendée’. Each description covers how the product is presented and packaged. Reorganising the text in this way makes the description of ‘Mogette de Vendée’ clearer. |
| --- | --- |

—

The description of ‘Mogette de Vendée’ is broken down into three paragraphs addressing respectively the dry bean, frozen half-dry bean, and sterilised or pasteurised ‘Mogette de Vendée’. Each description covers how the product is presented and packaged. Reorganising the text in this way makes the description of ‘Mogette de Vendée’ clearer.

| — | Several aspects have been amended:






  — | regarding the presentation, the weights of the different packages authorised for consumers (‘500 g, 1 kg, 2 kg, etc.’ and ‘1 kg, etc.’) have been deleted. This editorial amendment does not change how the product is packaged, as the description as previously worded was not exhaustive.
  As a result of this change, the different packaging weights have been removed from section 3.5 of the Single Document (previously section 3.6). |
| --- | --- | --- |

—

Several aspects have been amended:

—

regarding the presentation, the weights of the different packages authorised for consumers (‘500 g, 1 kg, 2 kg, etc.’ and ‘1 kg, etc.’) have been deleted. This editorial amendment does not change how the product is packaged, as the description as previously worded was not exhaustive.

As a result of this change, the different packaging weights have been removed from section 3.5 of the Single Document (previously section 3.6).

| — | The sentence ‘Bulk packages for processing or further packaging by bulk purchasers who have signed a partnership agreement’ has been deleted so as to provide a list of prohibited practices rather than a list of possible practices. Deleting this sentence therefore does not change the wholesale marketing practices which remain possible.
  This sentence has been removed from section 3.5 of the Single Document (previously section 3.6). |
| --- | --- |

—

The sentence ‘Bulk packages for processing or further packaging by bulk purchasers who have signed a partnership agreement’ has been deleted so as to provide a list of prohibited practices rather than a list of possible practices. Deleting this sentence therefore does not change the wholesale marketing practices which remain possible.

This sentence has been removed from section 3.5 of the Single Document (previously section 3.6).

| — | The sentence ‘All transactions are subject to precise traceability and stock recording arrangements covering the date of packaging, the batch number of the beans used, the delivery number, the batch numbers of the packaged or processed produce and the corresponding quantities’ has been deleted as the contents of it can be found in Section 4 (‘Evidence that the product originates from the geographical area’). |
| --- | --- |

—

The sentence ‘All transactions are subject to precise traceability and stock recording arrangements covering the date of packaging, the batch number of the beans used, the delivery number, the batch numbers of the packaged or processed produce and the corresponding quantities’ has been deleted as the contents of it can be found in Section 4 (‘Evidence that the product originates from the geographical area’).

| — | The 10 to 16 % moisture content for dry beans has been changed to 12 to 17 % for the best possible preservation of quality. Following application of the specification over a number of years, it has emerged that product quality is adversely affected when the moisture content is too low (< 12 %). At 10 %, there are more broken beans and the cooking time is longer. Conversely, a higher moisture content has a positive effect on the cooking and tenderness of the beans.
  Consequently, a moisture content for dry beans of between 12 and 17 % is indicated under Section 3.2 of the Single Document. |
| --- | --- |

—

The 10 to 16 % moisture content for dry beans has been changed to 12 to 17 % for the best possible preservation of quality. Following application of the specification over a number of years, it has emerged that product quality is adversely affected when the moisture content is too low (< 12 %). At 10 %, there are more broken beans and the cooking time is longer. Conversely, a higher moisture content has a positive effect on the cooking and tenderness of the beans.

Consequently, a moisture content for dry beans of between 12 and 17 % is indicated under Section 3.2 of the Single Document.

| — | With regard to the semi-dry bean, the sentence ‘it has an average moisture content of 50 %’ has been deleted. This was given as an indicative moisture content without being a target value. It added nothing else to the product description. |
| --- | --- |

—

With regard to the semi-dry bean, the sentence ‘it has an average moisture content of 50 %’ has been deleted. This was given as an indicative moisture content without being a target value. It added nothing else to the product description.

| — | The paragraph:
  ‘The sensory profile of cooked “Mogette de Vendée”, as presented in Annex 10, highlights the particular characteristics of the product:






  — | a very melty texture, not firm or particularly grainy, with a soft skin, |
| --- | --- | --- |

—

The paragraph:

‘The sensory profile of cooked “Mogette de Vendée”, as presented in Annex 10, highlights the particular characteristics of the product:

—

a very melty texture, not firm or particularly grainy, with a soft skin,

| — | uniformity (in terms of the size, shape and colour of the beans, with few imperfections), |
| --- | --- |

—

uniformity (in terms of the size, shape and colour of the beans, with few imperfections),

| — | typically a slightly salty, slightly sweet taste, combining a chestnut aroma with hints of leek.’ |
| --- | --- |

—

typically a slightly salty, slightly sweet taste, combining a chestnut aroma with hints of leek.’

has been replaced by the following paragraph:

‘Description of the pasteurised or sterilised “Mogette de Vendée” bean:

| — | Light cream in colour (varying slightly). |
| --- | --- |

—

Light cream in colour (varying slightly).

| — | Can be slightly cracked due to its softness. |
| --- | --- |

—

Can be slightly cracked due to its softness.

| — | Sold in an edible juice consisting only of water (salted or unsalted). |
| --- | --- |

—

Sold in an edible juice consisting only of water (salted or unsalted).

| — | Melty texture and uniform in terms of shape and size. |
| --- | --- |

—

Melty texture and uniform in terms of shape and size.

| — | “Mogette de Vendée” which are cooked without other ingredients and pasteurised come in sealed trays or packets for retail sale or offered in other packaging in various weights. |
| --- | --- |

—

“Mogette de Vendée” which are cooked without other ingredients and pasteurised come in sealed trays or packets for retail sale or offered in other packaging in various weights.

| — | “Mogette de Vendée” which are cooked without other ingredients and sterilised are presented for retail sale in glass jars.’ |
| --- | --- |

—

“Mogette de Vendée” which are cooked without other ingredients and sterilised are presented for retail sale in glass jars.’

This amendment is the result of work carried out by the group in order to better define the sensory profile of ‘Mogette de Vendée’. The aim was to bring together all essential sensory information. Furthermore, due to the reorganisation of the paragraphs, the new wording also covers the conditions for presentation.

Proof of origin

| — | A paragraph entitled ‘Registration’ has been added. It sets out the information which must be included in the crop record: variety, sowing date, lifting and/or threshing date and date of previous crop. |
| --- | --- |

—

A paragraph entitled ‘Registration’ has been added. It sets out the information which must be included in the crop record: variety, sowing date, lifting and/or threshing date and date of previous crop.

| — | The outline of how the traceability of the different products is ensured has been replaced by tables, providing a simpler and clearer presentation. The traceability of the dry and semi-dry frozen product is described in a single table. The traceability of the pasteurised and sterilised product is described in a second table. These modifications to the layout have no impact on the measures which are in place for ensuring traceability. |
| --- | --- |

—

The outline of how the traceability of the different products is ensured has been replaced by tables, providing a simpler and clearer presentation. The traceability of the dry and semi-dry frozen product is described in a single table. The traceability of the pasteurised and sterilised product is described in a second table. These modifications to the layout have no impact on the measures which are in place for ensuring traceability.

| — | Following changes to national legislation, the abbreviation DLUO [use-by date] has been replaced by DDM [minimum durability date]. |
| --- | --- |

—

Following changes to national legislation, the abbreviation DLUO [use-by date] has been replaced by DDM [minimum durability date].

Method of production

Life cycles:

| — | The growing and packaging life cycles of the dry and semi-dry frozen products have been replaced by simplified outlines in order to improve clarity. The two life cycles covering the preparation of ‘Mogette de Vendée’ cooked without other ingredients and either pasteurised or sterilised have been replaced by a single outline for both pasteurised and sterilised products. |
| --- | --- |

—

The growing and packaging life cycles of the dry and semi-dry frozen products have been replaced by simplified outlines in order to improve clarity. The two life cycles covering the preparation of ‘Mogette de Vendée’ cooked without other ingredients and either pasteurised or sterilised have been replaced by a single outline for both pasteurised and sterilised products.

Characteristics of the land:

| — | The paragraph on the characteristics of the land has been reduced. The non-restrictive aspects of the description have been deleted and the paragraph reformulated to make it easier to understand.
  Only measurable aspects have been retain and, in certain cases, clarified. These aspects are:






  — | Target values in terms of silt and clay content for the choice of land.
  These target values have not been changed for indirect harvesting (maximum 25 % clay and minimum 35 % silt for growing dry ‘Mogette de Vendée’ and maximum 35 % clay and minimum 35 % silt for growing semi-dry ‘Mogette de Vendée’).
  Having added direct harvesting to the specification for the harvest of dry beans, the target value for this form of harvesting is a maximum of 35 % clay and a minimum of 35 % silt. |
| --- | --- | --- |

—

The paragraph on the characteristics of the land has been reduced. The non-restrictive aspects of the description have been deleted and the paragraph reformulated to make it easier to understand.

Only measurable aspects have been retain and, in certain cases, clarified. These aspects are:

—

Target values in terms of silt and clay content for the choice of land.

These target values have not been changed for indirect harvesting (maximum 25 % clay and minimum 35 % silt for growing dry ‘Mogette de Vendée’ and maximum 35 % clay and minimum 35 % silt for growing semi-dry ‘Mogette de Vendée’).

Having added direct harvesting to the specification for the harvest of dry beans, the target value for this form of harvesting is a maximum of 35 % clay and a minimum of 35 % silt.

| — | The previous crop grown (unchanged). |
| --- | --- |

—

The previous crop grown (unchanged).

| — | The requirement for a particle size analysis in order to qualify land has been removed from the specification as it is covered by the inspection arrangements and therefore the inspection plan. |
| --- | --- |

—

The requirement for a particle size analysis in order to qualify land has been removed from the specification as it is covered by the inspection arrangements and therefore the inspection plan.

| — | The requirement to keep a reference sheet and register of qualified land during bean marketing years has been removed. Keeping such a register is not a production condition but is part of how the group manages internal documentation. |
| --- | --- |

—

The requirement to keep a reference sheet and register of qualified land during bean marketing years has been removed. Keeping such a register is not a production condition but is part of how the group manages internal documentation.

| — | The paragraph ‘Soil preparation – fertilisation’ has been simplified. Only the objective criteria on potassium chloride input has been retained (prohibited 3 months prior to sowing). The point describing the arrangements for soil preparation in order to obtain ‘fine soil’ falls under good agricultural practice. It does not relate to a target value and has therefore been removed. The sentence stating that nitrogen fertilisers must be applied ‘wisely and dosage determined by the farmer by means of the nitrogen balance method’ refers to the legislation in force. It has therefore been deleted. |
| --- | --- |

—

The paragraph ‘Soil preparation – fertilisation’ has been simplified. Only the objective criteria on potassium chloride input has been retained (prohibited 3 months prior to sowing). The point describing the arrangements for soil preparation in order to obtain ‘fine soil’ falls under good agricultural practice. It does not relate to a target value and has therefore been removed. The sentence stating that nitrogen fertilisers must be applied ‘wisely and dosage determined by the farmer by means of the nitrogen balance method’ refers to the legislation in force. It has therefore been deleted.

Sowing:

| — | The paragraph:

  ‘With current varieties, sowing takes place from 10 May so as to take place whilst the soil is sufficiently warm and dry. Ensuring that lifting takes place in a uniform manner provides an additional guarantee that the harvest will be uniform. Prior to this date, the soil can be too cold, resulting in staggered growth of the Mogette beans, incorrect development and a final product which is not of the quality anticipated. Failure to meet the temperature and moisture criteria results in delayed development of the crop and uneven, staggered growth. 20 June is the date established as the climate in the Vendée department, with its rainy autumns, makes harvests as from October highly uncertain. Sowing is limited to the period 10 May to 20 June.’

  is replaced by:

  ‘Sowing takes place from 10 May to 20 June. Producers are allowed to sow prior to 10 May if the soil temperature at the sowing depth (between 1 and 4 cm) is at least 12 °C’.

  This is a more accurate stipulation and allows sowing to take place prior to 10 May in years when the required climate is encountered before this date. |
| --- | --- |

—

The paragraph:

‘With current varieties, sowing takes place from 10 May so as to take place whilst the soil is sufficiently warm and dry. Ensuring that lifting takes place in a uniform manner provides an additional guarantee that the harvest will be uniform. Prior to this date, the soil can be too cold, resulting in staggered growth of the Mogette beans, incorrect development and a final product which is not of the quality anticipated. Failure to meet the temperature and moisture criteria results in delayed development of the crop and uneven, staggered growth. 20 June is the date established as the climate in the Vendée department, with its rainy autumns, makes harvests as from October highly uncertain. Sowing is limited to the period 10 May to 20 June.’

is replaced by:

‘Sowing takes place from 10 May to 20 June. Producers are allowed to sow prior to 10 May if the soil temperature at the sowing depth (between 1 and 4 cm) is at least 12 °C’.

This is a more accurate stipulation and allows sowing to take place prior to 10 May in years when the required climate is encountered before this date.

Varieties:

| — | The paragraph:
  ‘The seed varieties used are selected on a regular basis by the “Mogette de Vendée” inter-branch organisation from the commercial varieties available in the official varieties catalogue which correspond to the criteria expected for the “Mogette de Vendée” and match up to the traditional product as it is known in the Vendée region. The list of varieties is drawn up every year and distributed to producers.
  The inter-branch organisation bases its choice on several factors:






  — | An agronomic and technical analysis by farm technicians responsible for monitoring production, who may test other varieties to supplement the list; feedback from the producers themselves. |
| --- | --- | --- |

—

The paragraph:

‘The seed varieties used are selected on a regular basis by the “Mogette de Vendée” inter-branch organisation from the commercial varieties available in the official varieties catalogue which correspond to the criteria expected for the “Mogette de Vendée” and match up to the traditional product as it is known in the Vendée region. The list of varieties is drawn up every year and distributed to producers.

The inter-branch organisation bases its choice on several factors:

—

An agronomic and technical analysis by farm technicians responsible for monitoring production, who may test other varieties to supplement the list; feedback from the producers themselves.

| — | The results of tastings carried out internally (group of producers and canners, together with invited persons) of harvested production during winter.
  Some of the varieties which are selected may only be adapted to one of the two types of harvest. If this is the case, the characteristic will be mentioned on the list by the inter-branch organisation.’ |
| --- | --- |

—

The results of tastings carried out internally (group of producers and canners, together with invited persons) of harvested production during winter.

Some of the varieties which are selected may only be adapted to one of the two types of harvest. If this is the case, the characteristic will be mentioned on the list by the inter-branch organisation.’

has been replaced by a more precise variety selection procedure, which is worded as follows:

‘“Mogette de Vendée” is produced from standard seeds,

| — | labelled with the words “EC rules and standards”. They are listed in the official French or European seed catalogues and are subject to official checks. |
| --- | --- |

—

labelled with the words “EC rules and standards”. They are listed in the official French or European seed catalogues and are subject to official checks.

| — | included in the list of varieties recognised by the group. |
| --- | --- |

—

included in the list of varieties recognised by the group.

Use of farm-saved seed is prohibited.

The registration of new varieties must comply with a procedure which ensures that:

| — | the physical characteristics described in the “Description of product” section of this specification are verified, |
| --- | --- |

—

the physical characteristics described in the “Description of product” section of this specification are verified,

| — | the following organoleptic characteristics are demonstrated once cooked: “melty beans” and “delicate skin”. |
| --- | --- |

—

the following organoleptic characteristics are demonstrated once cooked: “melty beans” and “delicate skin”.

A new variety may only be added to the list of varieties recognised by the group if:

| — | it satisfies the above-mentioned criteria following testing over the course of two marketing years and an opinion issued by the group, |
| --- | --- |

—

it satisfies the above-mentioned criteria following testing over the course of two marketing years and an opinion issued by the group,

| — | it is awarded a positive opinion by a tasting committee, known as the “expert committee”. |
| --- | --- |

—

it is awarded a positive opinion by a tasting committee, known as the “expert committee”.

A variety which is already on the list may be removed if a tasting committee, known as the “expert committee”, issues a negative opinion about it after representative samples have been taken and tasted.

The “expert committee” comprises at least five persons, representing a minimum of two of the three categories: consumers, persons working or who previously worked in farming, restaurateurs. The final decision on whether to include or exclude a variety from the list of recognised varieties is taken by the group. The list of authorised varieties is available via the official address of the group and is sent every year to the inspection body.’

This amendment is designed to ensure that, for health reasons, only certified seed is used.

This is the most effective way of guaranteeing that seed is used which is completely free of disease. It also helps to combat halo blight. This disease affecting beans is particularly difficult to eradicate. It can infect the soil for many years and is passed on from one parcel to another. If greater care is not taken, soil can quickly become infected, compromising the harvest and the future of bean production in the area.

Furthermore, use of certified seed directly impacts the uniformity of the product, contrary to farm-saved seed which can degenerate over the years. ‘Mogette de Vendée’ seed producers must be certified in order to guarantee healthy and stable seed. Health risks and the risk of degeneration are increased by producing farm-saved seed, comprising harvests.

| — | The procedure for the inclusion of new varieties is stipulated: requirement for testing to be carried out over the course of two marketing years, compliance with the physical and organoleptic characteristics of the product, opinion from the expert committee. This procedure sets out the standard practice of the group. |
| --- | --- |

—

The procedure for the inclusion of new varieties is stipulated: requirement for testing to be carried out over the course of two marketing years, compliance with the physical and organoleptic characteristics of the product, opinion from the expert committee. This procedure sets out the standard practice of the group.

Crop management:

| — | As this paragraph did not contain any target values, it has been deleted. The information set out relates to good production practices, with the exception of the documentary requirements which have been moved to the paragraph entitled ‘Registration’. |
| --- | --- |

—

As this paragraph did not contain any target values, it has been deleted. The information set out relates to good production practices, with the exception of the documentary requirements which have been moved to the paragraph entitled ‘Registration’.

Harvesting and packaging of dry ‘Mogette de Vendée’:

| — | The ‘direct’ harvesting technique already authorised for the production of semi-dry beans has been added for the harvesting of dry beans. Technical developments now mean that direct harvesting (threshing without lifting, but with a drying period while in the ground) is possible for dry beans. 20 years ago, it was only possible to use direct threshing on semi-dry beans. Dry beans would have been damaged if threshed using this method. They are very fragile and direct threshing with the equipment in use at that time would have split the beans. However, threshing cylinders have developed. Previously, they were short and threshing was carried out mechanically without any possibility for adjustment. Threshing cylinders are now long (5 m). The plant material therefore stays longer in the machine and the bean can be removed more gently, without being forceful with the product, by adjusting various settings such as the incline of the cylinder. This type of equipment allows modifications to be made in line with the moisture content of the product and the amount of vegetation. The pods therefore do not need to dry out completely when drying in the ground. Under the direct harvesting method, beans stay on average an extra 6 to 10 days in the ground. Drying is more progressive and better controlled compared to indirect harvesting where the plants are pulled up and windrowed (when the plant is left in the ground moisture is reabsorbed at night). Direct harvesting is therefore now a possibility for dry beans, along with the existing technique of indirect harvesting. |
| --- | --- |

—

The ‘direct’ harvesting technique already authorised for the production of semi-dry beans has been added for the harvesting of dry beans. Technical developments now mean that direct harvesting (threshing without lifting, but with a drying period while in the ground) is possible for dry beans. 20 years ago, it was only possible to use direct threshing on semi-dry beans. Dry beans would have been damaged if threshed using this method. They are very fragile and direct threshing with the equipment in use at that time would have split the beans. However, threshing cylinders have developed. Previously, they were short and threshing was carried out mechanically without any possibility for adjustment. Threshing cylinders are now long (5 m). The plant material therefore stays longer in the machine and the bean can be removed more gently, without being forceful with the product, by adjusting various settings such as the incline of the cylinder. This type of equipment allows modifications to be made in line with the moisture content of the product and the amount of vegetation. The pods therefore do not need to dry out completely when drying in the ground. Under the direct harvesting method, beans stay on average an extra 6 to 10 days in the ground. Drying is more progressive and better controlled compared to indirect harvesting where the plants are pulled up and windrowed (when the plant is left in the ground moisture is reabsorbed at night). Direct harvesting is therefore now a possibility for dry beans, along with the existing technique of indirect harvesting.

| — | The stipulations on assessing the harvest phase (‘when most green leaves have dried and the beans have the appropriate (estimated) moisture content (10-20 %)’) have been replaced by a single stipulation which is more objective and easier to control: ‘a minimum of 90 % of pods are dry’. This rewording does not change the time of harvest. |
| --- | --- |

—

The stipulations on assessing the harvest phase (‘when most green leaves have dried and the beans have the appropriate (estimated) moisture content (10-20 %)’) have been replaced by a single stipulation which is more objective and easier to control: ‘a minimum of 90 % of pods are dry’. This rewording does not change the time of harvest.

| — | The moisture content of the beans received at collection facilities has been increased from 10-20 % to 12-25 % in order to take into account how in-situ drying equipment has modernised. By clarifying the settings for adjusting existing equipment, it is now possible to dry production with a moisture content of 25 % under the best possible conditions for preserving the quality of the beans. Furthermore, experience has shown that 10 % moisture content does not have a positive effect on the quality of production as it causes more beans to split and increases cooking time. The moisture threshold has therefore been limited to 12 %. |
| --- | --- |

—

The moisture content of the beans received at collection facilities has been increased from 10-20 % to 12-25 % in order to take into account how in-situ drying equipment has modernised. By clarifying the settings for adjusting existing equipment, it is now possible to dry production with a moisture content of 25 % under the best possible conditions for preserving the quality of the beans. Furthermore, experience has shown that 10 % moisture content does not have a positive effect on the quality of production as it causes more beans to split and increases cooking time. The moisture threshold has therefore been limited to 12 %.

| — | Drying requirements have been amended: the moisture content of between 16 and 20 % for which drying is required has been replaced by a moisture content in excess of 17 % as a higher content helps the beans to cook better and become softer. |
| --- | --- |

—

Drying requirements have been amended: the moisture content of between 16 and 20 % for which drying is required has been replaced by a moisture content in excess of 17 % as a higher content helps the beans to cook better and become softer.

| — | Prewashing of the dry beans has now been made optional, as doing so has no impact on the quality of the finished product. In order to clarify what is meant by ‘very low percentage of impurities’, precise physical characteristics which are required from sorted batches have been added: maximum 0,4 % (by mass) of foreign bodies, dust, extraneous seeds, plant material, beans unfit for consumption and maximum 4 % (by mass) of speckled, wrinkled, creased or broken beans. |
| --- | --- |

—

Prewashing of the dry beans has now been made optional, as doing so has no impact on the quality of the finished product. In order to clarify what is meant by ‘very low percentage of impurities’, precise physical characteristics which are required from sorted batches have been added: maximum 0,4 % (by mass) of foreign bodies, dust, extraneous seeds, plant material, beans unfit for consumption and maximum 4 % (by mass) of speckled, wrinkled, creased or broken beans.

Harvesting and packaging of semi-dry ‘Mogette de Vendée’:

| — | The stipulations on assessing the harvest phase (‘When most plants have reached the right harvest phase [...]. Pods must not be too green, otherwise the semi-dry stage will not be reached. Furthermore, they must not become too dry.’) have been replaced by a more accurate stipulation ‘when at least 65 % of the beans are white’. This rewording does not change the time of harvest. |
| --- | --- |

—

The stipulations on assessing the harvest phase (‘When most plants have reached the right harvest phase [...]. Pods must not be too green, otherwise the semi-dry stage will not be reached. Furthermore, they must not become too dry.’) have been replaced by a more accurate stipulation ‘when at least 65 % of the beans are white’. This rewording does not change the time of harvest.

| — | The title of section 7.6 ‘Production of semi-dry frozen “Mogette de Vendée”’ has been deleted. The content of this section has been incorporated into section 5.4. ‘Harvesting and packaging of semi-dry frozen “Mogette de Vendée”’. |
| --- | --- |

—

The title of section 7.6 ‘Production of semi-dry frozen “Mogette de Vendée”’ has been deleted. The content of this section has been incorporated into section 5.4. ‘Harvesting and packaging of semi-dry frozen “Mogette de Vendée”’.

| — | A requirement has been added concerning the temperature of the semi-dry product upon receipt, which must be less than or equal to 30 °C. This is conducive to the quality of the product as it aims to guarantee that the beans do not ferment and, consequently, that their quality does not deteriorate. |
| --- | --- |

—

A requirement has been added concerning the temperature of the semi-dry product upon receipt, which must be less than or equal to 30 °C. This is conducive to the quality of the product as it aims to guarantee that the beans do not ferment and, consequently, that their quality does not deteriorate.

| — | Currently, the washing process consists of three stages: washing/storage of grains in dry tanks/washing. The requirement to wash the beans twice, with a period of storage in between, has been removed:






  — | to allow beans to be washed three or more times if the batch requires it, |
| --- | --- | --- |

—

Currently, the washing process consists of three stages: washing/storage of grains in dry tanks/washing. The requirement to wash the beans twice, with a period of storage in between, has been removed:

—

to allow beans to be washed three or more times if the batch requires it,

| — | and to allow a more effective ‘continuous’ batch washing and standardisation process to be used. |
| --- | --- |

—

and to allow a more effective ‘continuous’ batch washing and standardisation process to be used.

The reference to the ‘first’ wash has also been deleted.

| — | The full description of the freezing process has been replaced by the name of the method ‘The product is frozen using the IQF method’. A definition is provided in the specification, in a footnote (‘IQF (individually quick frozen): technique for freezing products adapted to small, fragile products, which prevents items from cohering.’). The name of the method was already mentioned in the specification in force, in the paragraph entitled ‘National requirements’. |
| --- | --- |

—

The full description of the freezing process has been replaced by the name of the method ‘The product is frozen using the IQF method’. A definition is provided in the specification, in a footnote (‘IQF (individually quick frozen): technique for freezing products adapted to small, fragile products, which prevents items from cohering.’). The name of the method was already mentioned in the specification in force, in the paragraph entitled ‘National requirements’.

| — | In order to clarify what is meant by ‘low level of impurities’, precise physical characteristics which are required from sorted batches have been added: maximum 0,4 % (by mass) of foreign bodies, dust, extraneous seeds, plant material, beans unfit for consumption and maximum 4 % (by mass) of speckled, wrinkled, creased or broken beans. |
| --- | --- |

—

In order to clarify what is meant by ‘low level of impurities’, precise physical characteristics which are required from sorted batches have been added: maximum 0,4 % (by mass) of foreign bodies, dust, extraneous seeds, plant material, beans unfit for consumption and maximum 4 % (by mass) of speckled, wrinkled, creased or broken beans.

‘Mogette de Vendée’ cooked without other ingredients and either pasteurised or sterilised:

| — | The stipulations concerning the juice which the packaged beans come in have been rewritten so as to be better understood. The wording ‘juice made of water and sea salt (or not)’ does not make it clear whether the presence of salt or the fact of the salt being sea salt is optional. It has been replaced by ‘juice made of water with or without sea salt’. |
| --- | --- |

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The stipulations concerning the juice which the packaged beans come in have been rewritten so as to be better understood. The wording ‘juice made of water and sea salt (or not)’ does not make it clear whether the presence of salt or the fact of the salt being sea salt is optional. It has been replaced by ‘juice made of water with or without sea salt’.

| — | In view of changes to legislation, in particular, Regulation (EC) No 852/2004, pasteurisation and sterilisation scales are at the operator’s discretion, with operators having responsibility for applying a thermal treatment guaranteeing the bacteriological stability of products until their use-by date or minimum durability date. The following details have therefore been deleted: ‘The pasteurisation temperature is approximately 98 °C. The minimum pasteurisation value is equal to 1 000.’ and ‘the minimum sterilisation value is equal to 10.’ |
| --- | --- |

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In view of changes to legislation, in particular, Regulation (EC) No 852/2004, pasteurisation and sterilisation scales are at the operator’s discretion, with operators having responsibility for applying a thermal treatment guaranteeing the bacteriological stability of products until their use-by date or minimum durability date. The following details have therefore been deleted: ‘The pasteurisation temperature is approximately 98 °C. The minimum pasteurisation value is equal to 1 000.’ and ‘the minimum sterilisation value is equal to 10.’

| — | The wording ‘Blanching lasts 30 to 40 minutes’ has been replaced by ‘Blanching lasts a maximum of 40 minutes’. Blanching the beans for longer has a negative impact on the texture of the product which crushes easily. Conversely, blanching for a shorter period does not affect the texture of the product, which is guaranteed its softness by the subsequent thermal treatment. Consequently, only a maximum blanching time has been retained for sterilised products, as is currently the case for pasteurised products. |
| --- | --- |

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The wording ‘Blanching lasts 30 to 40 minutes’ has been replaced by ‘Blanching lasts a maximum of 40 minutes’. Blanching the beans for longer has a negative impact on the texture of the product which crushes easily. Conversely, blanching for a shorter period does not affect the texture of the product, which is guaranteed its softness by the subsequent thermal treatment. Consequently, only a maximum blanching time has been retained for sterilised products, as is currently the case for pasteurised products.

| — | It has been clarified for sterilised products that only those due to be offered for retail sale must be presented in glass jars. Other types of packaging are allowed for products destined, for example, for wholesale. |
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It has been clarified for sterilised products that only those due to be offered for retail sale must be presented in glass jars. Other types of packaging are allowed for products destined, for example, for wholesale.

| — | The requirement to store sterilised products in the dark has been removed as it is impossible to comply with once the product has been put on display for sale. |
| --- | --- |

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The requirement to store sterilised products in the dark has been removed as it is impossible to comply with once the product has been put on display for sale.

| — | The reference in relation to general legislation have been deleted, namely ‘Sales units are then labelled’, ‘the cold chain is maintained until the point of sale, with the temperature kept below 4 °C’, and ‘Jars are then labelled’. |
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The reference in relation to general legislation have been deleted, namely ‘Sales units are then labelled’, ‘the cold chain is maintained until the point of sale, with the temperature kept below 4 °C’, and ‘Jars are then labelled’.

| — | Vague references which do not relate to any target value have been deleted, namely ‘the quality of the blanching is checked visually’, ‘the pasteurisation temperature is approximately 98 °C’, ‘a cooking test is carried out in order to check for compliance with the characteristics of “Mogette de Vendée”’, ‘Pasteurised and sterilised products offer consumers the possibility of a high quality product which is quick to prepare. The procedures carried out preserve the characteristics of “Mogette de Vendée”’. |
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Vague references which do not relate to any target value have been deleted, namely ‘the quality of the blanching is checked visually’, ‘the pasteurisation temperature is approximately 98 °C’, ‘a cooking test is carried out in order to check for compliance with the characteristics of “Mogette de Vendée”’, ‘Pasteurised and sterilised products offer consumers the possibility of a high quality product which is quick to prepare. The procedures carried out preserve the characteristics of “Mogette de Vendée”’.

| — | Other stipulations concerning the inspection plan have been deleted, namely ‘Material accounting and the traceability of “Mogette de Vendée” batches are verified. Document checks are carried out to confirm that the specification has been complied with at the various stages in the process. Beans which do not reach the required standard are marketed as “white beans”’. |
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Other stipulations concerning the inspection plan have been deleted, namely ‘Material accounting and the traceability of “Mogette de Vendée” batches are verified. Document checks are carried out to confirm that the specification has been complied with at the various stages in the process. Beans which do not reach the required standard are marketed as “white beans”’.

Link with origin

Link with origin

| — | The ‘link with origin’ section has been rewritten in order to better present the specific characteristics of the area, product and causal link.
  The wording of point 5 of the Single Document has been brought in line with the newly written ‘link with origin’ section of the specification. |
| --- | --- |

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The ‘link with origin’ section has been rewritten in order to better present the specific characteristics of the area, product and causal link.

The wording of point 5 of the Single Document has been brought in line with the newly written ‘link with origin’ section of the specification.

| — | The changes to this section are related to the introduction of direct harvesting for dry beans and concern the drying of the dry product when in the ground. By integrating the direct harvesting method, the product is now dried whilst in the ground as opposed to only in windrows. The introduction of a new harvesting possibility therefore means that the Mogette beans can be harvested after drying in windrows in the field (indirect harvesting method maintained) or whilst in the ground (addition of direct harvesting method). The cropping cycle for ‘Mogette de Vendée’ harvested according to the latter method is, on average, six to 10 days longer (from sowing to harvest). However, the link to its origin is not changed by this method as it is the result of developments in local know-how and improvements in equipment, particularly harvesting equipment. It does not bring into doubt the specific characteristics of the product. |
| --- | --- |

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The changes to this section are related to the introduction of direct harvesting for dry beans and concern the drying of the dry product when in the ground. By integrating the direct harvesting method, the product is now dried whilst in the ground as opposed to only in windrows. The introduction of a new harvesting possibility therefore means that the Mogette beans can be harvested after drying in windrows in the field (indirect harvesting method maintained) or whilst in the ground (addition of direct harvesting method). The cropping cycle for ‘Mogette de Vendée’ harvested according to the latter method is, on average, six to 10 days longer (from sowing to harvest). However, the link to its origin is not changed by this method as it is the result of developments in local know-how and improvements in equipment, particularly harvesting equipment. It does not bring into doubt the specific characteristics of the product.

Labelling

Labelling

The following two sentences:

| — | ‘Produce covered by the PGI are sold with the designation “Mogette de Vendée”’ and |
| --- | --- |

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‘Produce covered by the PGI are sold with the designation “Mogette de Vendée”’ and

| — | ‘The words “Indication géographique protégée” [“Protected Geographical Indication”] and/or the Community logo will appear on the packaging.’ |
| --- | --- |

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‘The words “Indication géographique protégée” [“Protected Geographical Indication”] and/or the Community logo will appear on the packaging.’

have been removed from the Single Document as the ‘Mogette de Vendée’ PGI designation and the European Union PGI logo have since become compulsory by virtue of Regulation (EU) No 1151/2012.

Other

Other

Applicant group:

The name and contact details of the applicant group have been updated:

| — | Applicant group: ‘Vendée Qualité — Section Mogette’ |
| --- | --- |

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Applicant group: ‘Vendée Qualité — Section Mogette’

| — | Contact details:





  Maison de l’Agriculture |
| --- | --- |
| 21, Boulevard Réaumur |
| 85013 Roche-sur-Yon cedex |
| FRANCE |
| Tel. +33 251368251 |
| Fax +33 251368454 |
| Email: contact@vendeequalite.fr |

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Contact details:

Maison de l’Agriculture

21, Boulevard Réaumur

85013 Roche-sur-Yon cedex

FRANCE

Tel. +33 251368251

Fax +33 251368454

Email: contact@vendeequalite.fr

The information regarding how the sector is organised has been deleted as it does not relate to the stipulations for ‘Mogette de Vendée’.

Other

Other

References to inspection bodies:

Inspection body: in accordance with national guidelines aimed at harmonising specifications, the name and contact details of the certification body have been deleted. Under this heading, the contact details of the authority responsible for national inspections is now mentioned, i.e. the National Institute of Origin and Quality (INAO) and the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF). The name and contact details of the certification body can be consulted via the website of the INAO and the European Commission’s database.

Other

Other

National requirements:

In view of changes to legislation, this heading has been revised and the requirements focused on the main aspects to be inspected.

Other

Other

Geographical area:

| — | The map indicating the geographical area has been replaced by a simplified map. The distribution of the various operators throughout the area has been removed due to this being subject to change. |
| --- | --- |

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The map indicating the geographical area has been replaced by a simplified map. The distribution of the various operators throughout the area has been removed due to this being subject to change.

| — | The presentation of municipalities by canton has been replaced by a list of municipalities (mergers, changes in name, etc.).
  When drawing up the specification which is currently in force, three municipalities were omitted. They belong to three cantons which are included in their entirety in the geographical area as mentioned in the registered Summary Sheet.
  The municipality of Mallièvre was left out from the list of municipalities in the Mortagne-sur-Sèvre canton. The municipality of Montaigu was left out from the list of municipalities in the Montaigu canton. The municipality of Longève was left out from the list of municipalities in the Fontenay-le-Comte canton. The municipalities of Montaigu, Mallièvre and Longèves have therefore been reincorporated into the list of municipalities contained in the specification. The boundaries of the geographical area of production have not changed. |
| --- | --- |

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The presentation of municipalities by canton has been replaced by a list of municipalities (mergers, changes in name, etc.).

When drawing up the specification which is currently in force, three municipalities were omitted. They belong to three cantons which are included in their entirety in the geographical area as mentioned in the registered Summary Sheet.

The municipality of Mallièvre was left out from the list of municipalities in the Mortagne-sur-Sèvre canton. The municipality of Montaigu was left out from the list of municipalities in the Montaigu canton. The municipality of Longève was left out from the list of municipalities in the Fontenay-le-Comte canton. The municipalities of Montaigu, Mallièvre and Longèves have therefore been reincorporated into the list of municipalities contained in the specification. The boundaries of the geographical area of production have not changed.

| — | The explanation for the areas excluded from the geographical area has been deleted as it is not relevant to characterising the geographical area of the designation.
  The specific production stages which must take place in the defined geographical area, as described in Section 3 of the specification (concerning the identification of the geographical area) and which have not changed, have been clarified in the Single Document. In Section 3.5 (previously Section 3.4) of the Single Document, the sentence ‘“Mogette de Vendée” beans must be grown in the geographical area of the PGI’ has been replaced by ‘The stages from the cultivation of the “Mogette de Vendée” bean through to its harvest must be carried out in the geographical area’. This amendment was made for the sake of consistency with the specification. |
| --- | --- |

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The explanation for the areas excluded from the geographical area has been deleted as it is not relevant to characterising the geographical area of the designation.

The specific production stages which must take place in the defined geographical area, as described in Section 3 of the specification (concerning the identification of the geographical area) and which have not changed, have been clarified in the Single Document. In Section 3.5 (previously Section 3.4) of the Single Document, the sentence ‘“Mogette de Vendée” beans must be grown in the geographical area of the PGI’ has been replaced by ‘The stages from the cultivation of the “Mogette de Vendée” bean through to its harvest must be carried out in the geographical area’. This amendment was made for the sake of consistency with the specification.

SINGLE DOCUMENT

‘MOGETTE DE VENDÉE’

‘MOGETTE DE VENDÉE’

EU No: PGI-FR-02129 — 18.3.2016

EU No: PGI-FR-02129 — 18.3.2016

PDO ( ) PGI ( X )

PDO ( ) PGI ( X )

1.   Name(s)

Name(s)

‘Mogette de Vendée’

2.   Member State or Third Country

Member State or Third Country

France

3.   Description of the agricultural product or foodstuff

Description of the agricultural product or foodstuff

3.1.   Type of product

Type of product

Class 1.6. Fruit, vegetables and cereals, fresh or processed

3.2.   Description of the product to which the name in 1 applies

Description of the product to which the name in 1 applies

The ‘Mogette de Vendée’ is a white lingot bean of the species Phaseolus vulgaris. It is harvested in its dry (fully mature) or semi-dry state.

Phaseolus vulgaris

The bean has a regular, elliptical, wide kidney-like shape, measuring between 1 and 2 cm in length. It is rectangular and often flat at one end, with a thickness greater than or equal to 4,5 mm.

Description of the dry ‘Mogette de Vendée’ bean:

| — | Uniform white colour without obviously pronounced veins. |
| --- | --- |

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Uniform white colour without obviously pronounced veins.

| — | Delicate, shiny skin. |
| --- | --- |

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Delicate, shiny skin.

| — | When dry, a moisture content of between 12 and 17 %. |
| --- | --- |

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When dry, a moisture content of between 12 and 17 %.

| — | Thousand-bean weight of between 400 g and 650 g. |
| --- | --- |

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Thousand-bean weight of between 400 g and 650 g.

Description of the semi-dry frozen ‘Mogette de Vendée’ bean:

| — | Regular, elliptical, wide kidney-like shape, slightly larger than the dry bean. |
| --- | --- |

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Regular, elliptical, wide kidney-like shape, slightly larger than the dry bean.

| — | Colour ranging from white to light green according to maturity. |
| --- | --- |

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Colour ranging from white to light green according to maturity.

| — | Smooth, shiny skin. |
| --- | --- |

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Smooth, shiny skin.

| — | Fresh product that does not need to be soaked. |
| --- | --- |

—

Fresh product that does not need to be soaked.

| — | Physiological maturity reached but still to dry out; average moisture content of 50 %. |
| --- | --- |

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Physiological maturity reached but still to dry out; average moisture content of 50 %.

Description of the pasteurised or sterilised ‘Mogette de Vendée’ bean:

| — | Light cream in colour (varying slightly). |
| --- | --- |

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Light cream in colour (varying slightly).

| — | Can be slightly cracked due to its softness. |
| --- | --- |

—

Can be slightly cracked due to its softness.

| — | Sold in an edible juice consisting only of water (salted or unsalted). |
| --- | --- |

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Sold in an edible juice consisting only of water (salted or unsalted).

| — | Melty texture and uniform in terms of shape and size. |
| --- | --- |

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Melty texture and uniform in terms of shape and size.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

Feed (for products of animal origin only) and raw materials (for processed products only)

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3.4.   Specific steps in production that must take place in the defined geographical area

Specific steps in production that must take place in the defined geographical area

The stages from the cultivation of the ‘Mogette de Vendée’ bean through to its harvest must be carried out in the geographical area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

| | Bulk sales to the consumer of dry ‘Mogette de Vendée’ are not permitted: the product must be sold as a unit to the consumer, i.e. in bags, nets or other packaging, in various weights. |
| --- | --- |

Bulk sales to the consumer of dry ‘Mogette de Vendée’ are not permitted: the product must be sold as a unit to the consumer, i.e. in bags, nets or other packaging, in various weights.

| | Bulk sales to the consumer of semi-dry frozen ‘Mogette de Vendée’ are not permitted: the product must be sold as a unit to the consumer, i.e. in bags or other packaging, in various weights. |
| --- | --- |

Bulk sales to the consumer of semi-dry frozen ‘Mogette de Vendée’ are not permitted: the product must be sold as a unit to the consumer, i.e. in bags or other packaging, in various weights.

| | ‘Mogette de Vendée’ which are cooked without other ingredients and pasteurised come in sealed trays or packets for retail sale. |
| --- | --- |

‘Mogette de Vendée’ which are cooked without other ingredients and pasteurised come in sealed trays or packets for retail sale.

| | ‘Mogette de Vendée’ which are cooked without other ingredients and sterilised are presented for retail sale in glass jars. |
| --- | --- |

‘Mogette de Vendée’ which are cooked without other ingredients and sterilised are presented for retail sale in glass jars.

3.6.   Specific rules concerning labelling of the product the registered name refers to

Specific rules concerning labelling of the product the registered name refers to

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4.   Concise definition of the geographical area

Concise definition of the geographical area

Department of Loire-Atlantique:

| — | Municipalities of Geneston, Legé, La Limouzinière, La Marne, Montbert, Paulx, La Planche, Saint-Colomban, Corcoué-sur-Logne, Saint-Étienne-de-Mer-Morte, Saint Philbert-de-Grand-Lieu (excluding the lake), Touvois, Vieillevigne. |
| --- | --- |

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Municipalities of Geneston, Legé, La Limouzinière, La Marne, Montbert, Paulx, La Planche, Saint-Colomban, Corcoué-sur-Logne, Saint-Étienne-de-Mer-Morte, Saint Philbert-de-Grand-Lieu (excluding the lake), Touvois, Vieillevigne.

Department of the Vendée:

| — | Cantons of Aizenay, Challans (excluding the municipalities of Bois-de-Cené, Chateauneuf, Sallertaine), Chantonnay, La Châtaigneraie, Fontenay-le-Comte (excluding the municipalities of Damvix, Maillé, Le Mazeau, Saint Sigismond et Vix), Les Herbiers, Mareuil-sur-Lay-Dissay (excluding the municipalities of Angles, La Jonchère, St Benoist-sur-Mer, La Tranche-sur-Mer), Montaigu, Mortagne-sur-Sèvre, La Roche-sur-Yon Nord, La Roche-sur-Yon Sud. |
| --- | --- |

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Cantons of Aizenay, Challans (excluding the municipalities of Bois-de-Cené, Chateauneuf, Sallertaine), Chantonnay, La Châtaigneraie, Fontenay-le-Comte (excluding the municipalities of Damvix, Maillé, Le Mazeau, Saint Sigismond et Vix), Les Herbiers, Mareuil-sur-Lay-Dissay (excluding the municipalities of Angles, La Jonchère, St Benoist-sur-Mer, La Tranche-sur-Mer), Montaigu, Mortagne-sur-Sèvre, La Roche-sur-Yon Nord, La Roche-sur-Yon Sud.

| — | The municipalities of Beaulieu-sous-la-Roche, La Chapelle-Achard, La Chapelle-Hermier, Chasnais, Coëx, Le Girouard, Lairoux, Landeronde, Luçon, Les Magnils-Reigniers, Martinet, La Mothe-Achard, Mouzeuil-Saint-Martin, Nalliers, Nieul-le-Dolent, Pouillé, Sainte-Flaive-des-Loups, Sainte-Gemme-la-Plaine, Saint-Georges-de-Pointindoux, Saint-Julien-des-Landes, Saint-Mathurin. |
| --- | --- |

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The municipalities of Beaulieu-sous-la-Roche, La Chapelle-Achard, La Chapelle-Hermier, Chasnais, Coëx, Le Girouard, Lairoux, Landeronde, Luçon, Les Magnils-Reigniers, Martinet, La Mothe-Achard, Mouzeuil-Saint-Martin, Nalliers, Nieul-le-Dolent, Pouillé, Sainte-Flaive-des-Loups, Sainte-Gemme-la-Plaine, Saint-Georges-de-Pointindoux, Saint-Julien-des-Landes, Saint-Mathurin.

5.   Link with the geographical area

Link with the geographical area

The ‘Mogette de Vendée’ area is characterised by its geology, climate and human factors which distinguish the area.

Extending to the south of the Armorican Massif, the Vendée region is primarily seen to have a bocage (mixed woodland and pasture) terrain (70 % of the overall surface area of the department), with a lightly undulating relief. It is characterised by a network of varying hedgerows which act as windbreakers against the north-easterly currents often active in the spring. Brown soils of a moderate depth are found in the area, often of a brunisol (brown forest soils) or luvisol (leached soils) type. The soils have a good clay-silt balance, resulting in a useful average water reserve (between 120 and 160 mm).

Average springtime temperatures are mild (15-16 °C in May), with limited day-to-day variation in temperature. During the hottest months (June to August), average minimum temperatures vary between 12 and 16 °C from inland to the coast; maximum temperatures vary between 22 and 26 °C from the islands of the Vendée heading inland. This particularly mild and sunny climate is accompanied by reasonable precipitation (1 000 mm on average across the region) with aggregate amounts of between 120 and 150 mm from June to August. August is characterised by low rainfall, averaging at 44 mm across the region. Heavy, regular rainfall between October and March enables the water reserves of the soil to be replenished. Regarding sunshine in the region, the annual number of hours of sunshine in the Vendée is 10 % higher than for the rest of the region, i.e. between 2 000 and 2 500 hours/year.

In this area which is well-suited to growing white beans, people have acquired expertise which have been passed on and improved over successive generations resulting in high quality production. These expertise mean that, for example, farmers are able to take very precise and meticulous action at key points in the cultivation process of dry and semi-dry beans. Firstly, a variety selection procedure involving cultivation tests, discussions and sampling ensure that the authenticity of ‘Mogette de Vendée’ is guaranteed and maintained over the years. This expertise is then also demonstrated through the choice of soil, with its clay and silt content suited to the cultivation of ‘Mogette de Vendée’. Finally, the most appropriate sowing date (sufficiently warm soil) and identification of the best possible time for threshing (90 % dry pods for dry beans or 65 % of white seeds for semi-dry) are the culmination of many years of working the soil, cultivating and getting to know the product.

The ‘Mogette de Vendée’ is a white lingot bean, with a regular, kidney-like shape. The finished dry product (12 to 17 % moisture) is white in colour. The semi-dry harvested product is a mix of white and light green beans. The beans have a delicate, smooth and shiny skin giving them a melty texture when cooked, with a soft skin. The beans are particularly uniform in terms of their size, shape, colour (dry beans are white; semi-dry beans are white and light green) or imperfections (few imperfections).

The specific characteristics of the ‘Mogette de Vendée’ PGI come from its quality and the historical reputation of the product. Its identity derives from both the soil and weather conditions in the region and the specific expertise in understanding the production process and the environment with which it interacts. The particularly melty texture of ‘Mogette de Vendée’ and the uniformity of its beans are closely linked to the soil and weather conditions in the PGI region and the expertise of those who cultivate it.

Abundant rainfall in winter enables the water reserves of the soil to be replenished. In spring, the availability of this water together with the limited day-to-day variation in temperature mean that once the soil has reached an ideal temperature (approximately 12 °C) all plants germinate and grow in a uniform way. This is combined with a choice of date bringing together the best possible conditions for sowing, resulting from the expertise of the producer. The hedgerows found in the region act as windbreakers, preventing the soil from drying out and promoting quick and regular plant growth. Regular growth is essential to uniformity of the product at harvested.

The clay and silt content of the soil in the region is well balanced, resulting in moderate water reserves which are sufficiently able to limit water stress naturally. If the natural conditions are no longer satisfactory, producers are able to use their expertise to irrigate their crop. The regular supply of water to the bean crops, and therefore to the beans themselves, prevents the cell membranes from hardening and deteriorating. This plays a vital role in developing the criterion concerning the melty and uniform nature of the beans.

The warm and sunny climate during the summer means that the beans are able to dry naturally in the field, whether in windrows (if pulled before threshing) or in the ground (if threshed directly). This reduces differences between stages of growth and thus makes for a more uniform product. The date chosen to pull and/or thresh is therefore essential and must come at a time when the beans have the right degree of maturity (90 % of dry pods for dry beans or 65 % of white seeds for semi-dry) and have a particular moisture content (between 12 and 25 % for dry beans and approximately 50 % for semi-dry beans). Identifying the best possible moment, as the final stage in guaranteeing the typical features of the product, is only possible with considerable experience and knowledge of growing.

‘Mogette de Vendée’ represents a tradition of production which is rooted in the region. Doctors have drawn attention to ‘bean’ growing in the Vendée since the end of the 17th century. ‘This is the region [...] in which the American bean seems to have firmly established itself, [...]. Over the course of the century, the reputation of Mogette beans must have spread to other parts of the Vendée given that, in 1931, the UNA guide recommended to gastronomes not only beans from Fontenay-le-Comte, Luçon and Nalliers, in the south of the Department, but also those from Pouzauges, in the upper bocage’ (Prom’Agri, 1995; Guichard, O. et al., 1993).

Writing in 1930 about market-garden crops grown in the Vendée, T. Sarrazin, head of the agriculture department, said that ‘the most important of all is the bean, which is grown on almost 9 000 ha and of which a local variety, the “Mogette”, forms the basis of the vendéen peasants’ diet. It is found throughout the department. More recently, a newspaper from 1966 printed with regard to sales from that marketing year: ‘Prices have held, despite cheap imports of beans. This is because the quality of the beans produced in the Vendée is recognised and appreciated by a great many buyers. [...] Bean producers in the Vendée, who are fortunate to be in a privileged region where the quality of what is produced is unrivalled [...]’ (Couradette, 1966).

National officials have also confirmed the quality of the ‘Mogette de Vendée’ product. According to Mr Wallery-Masson, President of the National Federation of Dried Pulses: ‘In a region such as the Vendée [...] the possibilities in terms of beans and in terms of lingot beans are found nowhere else on earth. Indeed, amongst this type of bean, nothing can compare to the lingot beans from the Vendée.’ (Les légumes secs, Ed. Invuflec, 1978). Flyers and stickers from 20 years ago right up to the present day are also praise ‘Mogette de Vendée’, lingot beans or beans from the Vendée. This shows the dynamic surrounding ‘Mogette de Vendée’, its commercial reputation and the history of the name.

Reference to publication of the specification

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-96e588fd-319f-431b-9c3e-503a19baa1d3/telechargement

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(1)  OJ L 343, 14.12.2012, p. 1.

1

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