# Official Journal C 194/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 194 |
| | |
| English edition | Information and Notices | Volume 5812 June 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 194

English edition

Information and Notices

Volume 5812 June 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 194/01 | Non-opposition to a notified concentration (Case M.7562 — Canada Life Group/LGII) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 194/01

Non-opposition to a notified concentration (Case M.7562 — Canada Life Group/LGII) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2015/C 194/02 | Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply | 2 |
| | European Commission |
| 2015/C 194/03 | Euro exchange rates | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2015/C 194/02

Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply

2

European Commission

2015/C 194/03

Euro exchange rates

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2015/C 194/04 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain molybdenum wires originating in the People's Republic of China | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 194/05 | Prior notification of a concentration (Case M.7572 — OG Capital/Kem One Innovative Vinyls) (
  1
  ) | 14 |
| 2015/C 194/06 | Prior notification of a concentration (Case M.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl) — Candidate case for simplified procedure (
  1
  ) | 15 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2015/C 194/04

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain molybdenum wires originating in the People's Republic of China

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 194/05

Prior notification of a concentration (Case M.7572 — OG Capital/Kem One Innovative Vinyls) (
  1
  )

1

14

2015/C 194/06

Prior notification of a concentration (Case M.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl) — Candidate case for simplified procedure (
  1
  )

1

15

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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

| 12.6.2015 | EN | Official Journal of the European Union | C 194/1 |
| --- | --- | --- | --- |

12.6.2015

EN

Official Journal of the European Union

C 194/1

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Non-opposition to a notified concentration

(Case M.7562 — Canada Life Group/LGII)

(Text with EEA relevance)

(2015/C 194/01)

On 5 June 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in 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 32015M7562. 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 32015M7562. 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

| 12.6.2015 | EN | Official Journal of the European Union | C 194/2 |
| --- | --- | --- | --- |

12.6.2015

EN

Official Journal of the European Union

C 194/2

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Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply

(2015/C 194/02)

The following information is brought to the attention of the persons that appear in Annexes II and III to Council Decision 2012/285/CFSP (1) and in Annex I to Council Regulation (EU) No 377/2012 (2) concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau.

The Council of the European Union, after having reviewed the list of persons designated in the abovementioned Annexes, has determined that the restrictive measures provided for in Decision 2012/285/CFSP and in Regulation (EU) No 377/2012 should continue to apply to those persons.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites listed in Annex II to Regulation (EU) No 377/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, by 30 April 2016, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 5(2) of Decision 2012/285/CFSP and Article 11(4) of Regulation (EU) No 377/2012.

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(1)  OJ L 142, 1.6.2012, p. 36.

(2)  OJ L 119, 4.5.2012, p. 1.

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European Commission

| 12.6.2015 | EN | Official Journal of the European Union | C 194/3 |
| --- | --- | --- | --- |

12.6.2015

EN

Official Journal of the European Union

C 194/3

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Euro exchange rates (1)

11 June 2015

(2015/C 194/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1232 |
| JPY | Japanese yen | 138,95 |
| DKK | Danish krone | 7,4614 |
| GBP | Pound sterling | 0,72660 |
| SEK | Swedish krona | 9,2558 |
| CHF | Swiss franc | 1,0523 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,7860 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,318 |
| HUF | Hungarian forint | 312,21 |
| PLN | Polish zloty | 4,1405 |
| RON | Romanian leu | 4,4668 |
| TRY | Turkish lira | 3,0749 |
| AUD | Australian dollar | 1,4533 |
| CAD | Canadian dollar | 1,3839 |
| HKD | Hong Kong dollar | 8,7078 |
| NZD | New Zealand dollar | 1,6042 |
| SGD | Singapore dollar | 1,5135 |
| KRW | South Korean won | 1 252,23 |
| ZAR | South African rand | 13,9601 |
| CNY | Chinese yuan renminbi | 6,9707 |
| HRK | Croatian kuna | 7,5660 |
| IDR | Indonesian rupiah | 14 946,03 |
| MYR | Malaysian ringgit | 4,2062 |
| PHP | Philippine peso | 50,879 |
| RUB | Russian rouble | 61,3375 |
| THB | Thai baht | 37,911 |
| BRL | Brazilian real | 3,5479 |
| MXN | Mexican peso | 17,4152 |
| INR | Indian rupee | 71,8644 |

Currency

Exchange rate

USD

US dollar

1,1232

JPY

Japanese yen

138,95

DKK

Danish krone

7,4614

GBP

Pound sterling

0,72660

SEK

Swedish krona

9,2558

CHF

Swiss franc

1,0523

ISK

Iceland króna

NOK

Norwegian krone

8,7860

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,318

HUF

Hungarian forint

312,21

PLN

Polish zloty

4,1405

RON

Romanian leu

4,4668

TRY

Turkish lira

3,0749

AUD

Australian dollar

1,4533

CAD

Canadian dollar

1,3839

HKD

Hong Kong dollar

8,7078

NZD

New Zealand dollar

1,6042

SGD

Singapore dollar

1,5135

KRW

South Korean won

1 252,23

ZAR

South African rand

13,9601

CNY

Chinese yuan renminbi

6,9707

HRK

Croatian kuna

7,5660

IDR

Indonesian rupiah

14 946,03

MYR

Malaysian ringgit

4,2062

PHP

Philippine peso

50,879

RUB

Russian rouble

61,3375

THB

Thai baht

37,911

BRL

Brazilian real

3,5479

MXN

Mexican peso

17,4152

INR

Indian rupee

71,8644

---

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 12.6.2015 | EN | Official Journal of the European Union | C 194/4 |
| --- | --- | --- | --- |

12.6.2015

EN

Official Journal of the European Union

C 194/4

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain molybdenum wires originating in the People's Republic of China

(2015/C 194/04)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain molybdenum wires 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 Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 13 March 2015 by Plansee SE (‘the applicant’), representing more than 25 % of the total Union production of certain molybdenum wires.

2.   Product under review

The product subject to this review is molybdenum wire, containing by weight at least 99,95 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the People's Republic of China (‘the product under review’), currently falling within CN code ex 8102 96 00.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 511/2010 (3). The measures are extended to imports consigned from Malaysia, whether declared as originating in Malaysia or not, by Council Implementing Regulation (EU) No 14/2012 (4), and to imports of molybdenum wire, containing by weight at least 97 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the People's Republic of China, currently falling within CN code ex 8102 96 00, by Council Implementing Regulation (EU) No 871/2013 (5).

4.   Grounds for the 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.   
  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 constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in a market economy third country, namely India. The normal value was constructed because no reliable data were available for the domestic prices in India. The allegation of likelihood of recurrence 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 review when sold for export to third countries, 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 on third countries' markets, the applicant alleges that there is a likelihood of recurrence of dumping from the country concerned on the Union market.

4.2.   
  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 at dumped prices is likely to increase. Indeed, the repeated attempts at circumvention by Chinese exporting producers show that the Union market is still attractive due to its strong automotive industry. In addition, imports at dumped prices are likely to increase in the absence of measures due to the existence of unused capacities in the country concerned, which are much higher than the entire level of the EU consumption, and to the potential of the manufacturing facilities of the exporting producers in the country concerned to rapidly increase production of the product concerned.

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

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 and a continuation or recurrence of injury to the Union industry.

5.1.   
  Procedure for determination of a likelihood of a continuation or recurrence of dumping

Exporting producers (6) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.

5.1.1.   Procedure for selecting exporting producers in the People's Republic of China to be investigated

(a)   Sampling

In view of the potentially large number of exporting producers in the People's Republic of China 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 which 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 company(ies) 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 People's Republic of China 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 country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

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 selected to be in the sample, to any known association of exporting producers and to the authorities of the People's Republic of China.

All exporting producers selected to be in the sample, any known association of exporting producers and the authorities of the People's Republic of China 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’).

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

5.1.2.1.   Selection of a market economy third country

In accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People's Republic of China normal value will be determined on the basis of the price or constructed value in a market economy third country.

In the previous investigation the United States of America (‘US’) was used as a market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. The applicant has provided prima facie evidence that the circumstances with regard to the US market have since changed significantly as it no longer manufactures the product under review. As a result, the applicant claims that the US is no longer an appropriate third country market economy. For the purpose of the current investigation, the Commission envisages using India. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this Notice in the Official Journal of the European Union. The Commission will also examine whether there is production and sales of the product under review in those market economy third countries for which there are indications that production of the product under review is taking place.

5.1.3.   Investigating unrelated importers
   (7)
   (8)

Unrelated importers of the product under review from the People's Republic of China to the Union 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 (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, 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 company(ies) 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.

5.2.   
  Procedure for the determination of a likelihood of a continuation or recurrence of injury

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

5.2.1.   Investigating Union producers

In order to obtain the information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to known Union producers or representative Union producers and to any known association of Union producers, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, namely to: Plansee SE and Osram GmbH.

The aforementioned Union producers and the associations of Union producers must submit the completed questionnaire within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

Any Union producer and association of Union producers not listed above is invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this Notice in the Official Journal of the European Union, unless otherwise specified, in order to make itself known and request a questionnaire.

5.3.   
  Procedure for the assessment of Union interest

Should the likelihood of a continuation or 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.

5.4.   
  Other written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.

5.5.   
  Possibility to be heard by the Commission investigation services

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

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

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

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (9).

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail for dumping issues and Annex I | : | TRADE-MOWI-R621-DUMPING@ec.europa.eu |
| E-mail for all other issues and Annex II | : | TRADE-MOWI-R621-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail for dumping issues and Annex I

:

TRADE-MOWI-R621-DUMPING@ec.europa.eu

E-mail for all other issues and Annex II

:

TRADE-MOWI-R621-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of dumping and injury 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 so as to allow for the possibility to amend 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 (10).

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(1)  OJ C 371, 18.10.2014, p. 19.

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

(3)  Council Implementing Regulation (EU) No 511/2010 of 14 June 2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain molybdenum wires originating in the People's Republic of China (OJ L 150, 16.6.2010, p. 17).

(4)  Council Implementing Regulation (EU) No 14/2012 of 9 January 2012 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 511/2010 on imports of certain molybdenum wires originating in the People's Republic of China to imports of certain molybdenum wires consigned from Malaysia, whether declared as originating in Malaysia or not and terminating the investigation in respect of imports consigned from Switzerland (OJ L 8, 12.1.2012, p. 22).

(5)  Council Implementing Regulation (EU) No 871/2013 of 2 September 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 511/2010 on imports of molybdenum wire, containing by weight at least 99,95 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the People's Republic of China to imports of molybdenum wire, containing by weight at least 97 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the People's Republic of China (OJ L 243, 12.9.2013, p. 2).

(6)  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.

(7)  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. For the definition of a related party see footnote 3 in Annex I or Annex II.

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

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

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

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ANNEX I

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ANNEX II

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 12.6.2015 | EN | Official Journal of the European Union | C 194/14 |
| --- | --- | --- | --- |

12.6.2015

EN

Official Journal of the European Union

C 194/14

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Prior notification of a concentration

(Case M.7572 — OG Capital/Kem One Innovative Vinyls)

(Text with EEA relevance)

(2015/C 194/05)

| 1. | On 3 June 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking OpenGate Capital Group Europe SARL (‘OGCGE’, Luxembourg) belonging to the OpenGate Capital Group (‘OGC’, the US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Kem One Innovative Vinyls SAS (‘KOIV’, France) by way of purchase of shares. |
| --- | --- |

1.

On 3 June 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking OpenGate Capital Group Europe SARL (‘OGCGE’, Luxembourg) belonging to the OpenGate Capital Group (‘OGC’, the US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Kem One Innovative Vinyls SAS (‘KOIV’, France) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   OGC: specialised in carve-out transactions, i.e. acquiring divisions or subsidiaries of groups which are not at the core of their business and which are sold in the context of an economic rationalisation process. Through some of its subsidiaries, OGC is active in the S-PVC compounds and the PVC building systems markets.
  —   KOIV: holding company of companies active in the manufacturing of ready-for-use specialty S-PVC compounds, together with stabilizers for compounds and the manufacturing of PVC building systems. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   OGC: specialised in carve-out transactions, i.e. acquiring divisions or subsidiaries of groups which are not at the core of their business and which are sold in the context of an economic rationalisation process. Through some of its subsidiaries, OGC is active in the S-PVC compounds and the PVC building systems markets.

—   KOIV: holding company of companies active in the manufacturing of ready-for-use specialty S-PVC compounds, together with stabilizers for compounds and the manufacturing of PVC building 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. |
| --- | --- |

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7572 — OG Capital/Kem One Innovative Vinyls, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7572 — OG Capital/Kem One Innovative Vinyls, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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| 12.6.2015 | EN | Official Journal of the European Union | C 194/15 |
| --- | --- | --- | --- |

12.6.2015

EN

Official Journal of the European Union

C 194/15

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Prior notification of a concentration

(Case M.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 194/06)

| 1. | On 5 June 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which RTL Nederland Ventures B.V. (the Netherlands) belonging to the Bertelsmann group (‘Bertelsmann’, Germany), and RF Participatie B.V. (the Netherlands) controlled by H2 Equity Partners B.V. (‘H2’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Reclamefolder.nl B.V. (‘Reclamefolder.nl’, the Netherlands) by way of purchase of shares. |
| --- | --- |

1.

On 5 June 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which RTL Nederland Ventures B.V. (the Netherlands) belonging to the Bertelsmann group (‘Bertelsmann’, Germany), and RF Participatie B.V. (the Netherlands) controlled by H2 Equity Partners B.V. (‘H2’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Reclamefolder.nl B.V. (‘Reclamefolder.nl’, the Netherlands) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Reclamefolder.nl: online classified advertising,
  —   for Bertelsmann: media, services and education,
  —   for H2: private equity fund. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Reclamefolder.nl: online classified advertising,

—   for Bertelsmann: media, services and education,

—   for H2: private equity fund.

| 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 number M.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl, 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 number M.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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