# Official Journal C 117/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 117 |
| | |
| English edition | Information and Notices | Volume 6012 April 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 117

English edition

Information and Notices

Volume 6012 April 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 117/01 | Non-opposition to a notified concentration (Case M.8438 — Bollore Energy/TOTAL Marketing France/DRPC) (
  1
  ) | 1 |
| 2017/C 117/02 | Non-opposition to a notified concentration (Case M.8420 — Megatrends European Holdings/Allianz/Kamppi Shopping Centre) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 117/01

Non-opposition to a notified concentration (Case M.8438 — Bollore Energy/TOTAL Marketing France/DRPC) (
  1
  )

1

1

2017/C 117/02

Non-opposition to a notified concentration (Case M.8420 — Megatrends European Holdings/Allianz/Kamppi Shopping Centre) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2017/C 117/03 | Notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP, as amended by Council Decision (CFSP) 2017/689 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2017/685 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply | 2 |
| 2017/C 117/04 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply | 3 |
| 2017/C 117/05 | Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria | 4 |
| | European Commission |
| 2017/C 117/06 | Euro exchange rates | 5 |
| 2017/C 117/07 | Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 5 October 2015 regarding a draft decision relating to Case AT.39639 — Optical Disk Drives — Rapporteur: Austria | 6 |
| 2017/C 117/08 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 5 December 2016 regarding a draft decision relating to Case AT.39904 — Rechargeable batteries — Rapporteur: Austria | 7 |
| 2017/C 117/09 | Final Report of the Hearing Officer — Rechargeable Batteries (AT.39904) | 8 |
| 2017/C 117/10 | Summary of Commission Decision of 12 December 2016 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39904 — Rechargeable Batteries) (notified under document C(2016) 8456) | 9 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2017/C 117/03

Notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP, as amended by Council Decision (CFSP) 2017/689 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2017/685 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply

2

2017/C 117/04

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply

3

2017/C 117/05

Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

4

European Commission

2017/C 117/06

Euro exchange rates

5

2017/C 117/07

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 5 October 2015 regarding a draft decision relating to Case AT.39639 — Optical Disk Drives — Rapporteur: Austria

6

2017/C 117/08

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 5 December 2016 regarding a draft decision relating to Case AT.39904 — Rechargeable batteries — Rapporteur: Austria

7

2017/C 117/09

Final Report of the Hearing Officer — Rechargeable Batteries (AT.39904)

8

2017/C 117/10

Summary of Commission Decision of 12 December 2016 relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39904 — Rechargeable Batteries) (notified under document C(2016) 8456)

(notified under document C(2016) 8456)

9

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2017/C 117/11 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in the People's Republic of China | 12 |
| 2017/C 117/12 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of oxalic acid originating in India and the People's Republic of China | 15 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 117/13 | Prior notification of a concentration (Case M.8387 — AXA/Caisse des dépôts et consignations/Cible (II)) — Candidate case for simplified procedure (
  1
  ) | 25 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2017/C 117/11

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in the People's Republic of China

12

2017/C 117/12

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of oxalic acid originating in India and the People's Republic of China

15

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 117/13

Prior notification of a concentration (Case M.8387 — AXA/Caisse des dépôts et consignations/Cible (II)) — Candidate case for simplified procedure (
  1
  )

1

25

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

---

(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

| 12.4.2017 | EN | Official Journal of the European Union | C 117/1 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/1

---

Non-opposition to a notified concentration

(Case M.8438 — Bollore Energy/TOTAL Marketing France/DRPC)

(Text with EEA relevance)

(2017/C 117/01)

On 6 April 2017, 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 French 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 32017M8438. 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 32017M8438. EUR-Lex is the online access to European law.

---

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

---

| 12.4.2017 | EN | Official Journal of the European Union | C 117/1 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/1

---

Non-opposition to a notified concentration

(Case M.8420 — Megatrends European Holdings/Allianz/Kamppi Shopping Centre)

(Text with EEA relevance)

(2017/C 117/02)

On 3 April 2017, 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 32017M8420. 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 32017M8420. EUR-Lex is the online access to European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 12.4.2017 | EN | Official Journal of the European Union | C 117/2 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/2

---

Notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP, as amended by Council Decision (CFSP) 2017/689 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2017/685 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply

(2017/C 117/03)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/235/CFSP (1), as amended by Council Decision (CFSP) 2017/689 (2), and in Annex I to Council Regulation (EU) No 359/2011 (3), as implemented by Council Implementing Regulation (EU) 2017/685 (4) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran.

The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should continue be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/235/CFSP and in Regulation (EU) No 359/2011.

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 in Annex II to Regulation (EU) No 359/2011, 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 before 15 February 2018, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered to the following address:

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

Council of the European Union

DG C 1C — Horizontal Issues Unit

General Secretariat

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 100, 14.4.2011, p. 51.

(2)  OJ L 99, 12.4.2017, p. 21.

(3)  OJ L 100, 14.4.2011, p. 1.

(4)  OJ L 99, 12.4.2017, p. 10.

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| 12.4.2017 | EN | Official Journal of the European Union | C 117/3 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/3

---

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply

(2017/C 117/04)

The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):

The legal basis for this processing operation is Council Regulation (EU) No 359/2011 (2).

The controller of this processing operation is the Council of the European Union represented by the Director General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C — Horizontal Issues Unit |
| 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 — Horizontal Issues Unit

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 359/2011.

The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.

The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (3).

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.

---

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

(2)  OJ L 100, 14.4.2011, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.

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| 12.4.2017 | EN | Official Journal of the European Union | C 117/4 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/4

---

Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

(2017/C 117/05)

The following information is brought to the attention of Mr Hassan Nouri (No 5), Mr Adib Mayaleh (No 53) and Mr Najm Hamad Al Ahmad (No 170), persons appearing in Annex I to Council Decision 2013/255/CFSP (1) and in Annex II to Council Regulation (EU) No 36/2012 (2) concerning restrictive measures in view of the situation in Syria.

The Council intends to maintain the restrictive measures against the abovementioned persons with amended statements of reasons. Those persons are hereby informed that they may submit a request to the Council to obtain the intended statement of reasons before 17 April 2017, 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

---

(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 16, 19.1.2012, p. 1.

---

European Commission

| 12.4.2017 | EN | Official Journal of the European Union | C 117/5 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/5

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Euro exchange rates (1)

11 April 2017

(2017/C 117/06)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0616 |
| JPY | Japanese yen | 117,36 |
| DKK | Danish krone | 7,4372 |
| GBP | Pound sterling | 0,85330 |
| SEK | Swedish krona | 9,5915 |
| CHF | Swiss franc | 1,0696 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,1245 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,658 |
| HUF | Hungarian forint | 311,40 |
| PLN | Polish zloty | 4,2414 |
| RON | Romanian leu | 4,5104 |
| TRY | Turkish lira | 3,9392 |
| AUD | Australian dollar | 1,4137 |
| CAD | Canadian dollar | 1,4139 |
| HKD | Hong Kong dollar | 8,2499 |
| NZD | New Zealand dollar | 1,5285 |
| SGD | Singapore dollar | 1,4904 |
| KRW | South Korean won | 1 214,50 |
| ZAR | South African rand | 14,6891 |
| CNY | Chinese yuan renminbi | 7,3256 |
| HRK | Croatian kuna | 7,4240 |
| IDR | Indonesian rupiah | 14 099,64 |
| MYR | Malaysian ringgit | 4,7066 |
| PHP | Philippine peso | 52,631 |
| RUB | Russian rouble | 60,4528 |
| THB | Thai baht | 36,726 |
| BRL | Brazilian real | 3,3241 |
| MXN | Mexican peso | 19,8434 |
| INR | Indian rupee | 68,4550 |

Currency

Exchange rate

USD

US dollar

1,0616

JPY

Japanese yen

117,36

DKK

Danish krone

7,4372

GBP

Pound sterling

0,85330

SEK

Swedish krona

9,5915

CHF

Swiss franc

1,0696

ISK

Iceland króna

NOK

Norwegian krone

9,1245

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,658

HUF

Hungarian forint

311,40

PLN

Polish zloty

4,2414

RON

Romanian leu

4,5104

TRY

Turkish lira

3,9392

AUD

Australian dollar

1,4137

CAD

Canadian dollar

1,4139

HKD

Hong Kong dollar

8,2499

NZD

New Zealand dollar

1,5285

SGD

Singapore dollar

1,4904

KRW

South Korean won

1 214,50

ZAR

South African rand

14,6891

CNY

Chinese yuan renminbi

7,3256

HRK

Croatian kuna

7,4240

IDR

Indonesian rupiah

14 099,64

MYR

Malaysian ringgit

4,7066

PHP

Philippine peso

52,631

RUB

Russian rouble

60,4528

THB

Thai baht

36,726

BRL

Brazilian real

3,3241

MXN

Mexican peso

19,8434

INR

Indian rupee

68,4550

---

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

---

| 12.4.2017 | EN | Official Journal of the European Union | C 117/6 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/6

---

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 5 October 2015 regarding a draft decision relating to Case AT.39639 — Optical Disk Drives

Rapporteur: Austria

(2017/C 117/07)

| 1. | The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

| 3. | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 5. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU and the contracting parties of the EEA Agreement. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice have been capable of appreciably affecting trade between the Member States of the EU and the contracting parties of the EEA Agreement.

| 6. | The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
| --- | --- |

6.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

| 7. | The Advisory Committee agrees with the Commission’s draft decision as regards the addressees, including the imputation of liability to parent companies of the groups concerned in the case. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees, including the imputation of liability to parent companies of the groups concerned in the case.

| 8. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

8.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 12.4.2017 | EN | Official Journal of the European Union | C 117/7 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/7

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 5 December 2016 regarding a draft decision relating to Case AT.39904 — Rechargeable batteries

Rapporteur: Austria

(2017/C 117/08)

| 1. | The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

| 3. | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 5. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice were capable of appreciably affecting trade between the Member States of the EU. |
| --- | --- |

5.

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

| 6. | The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
| --- | --- |

6.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

| 7. | The Advisory Committee agrees with the Commission’s draft decision as regards the addressees. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees.

| 8. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

8.

The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

| 9. | The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Council Regulation (EC) No 1/2003. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Council Regulation (EC) No 1/2003.

| 10. | The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
| --- | --- |

10.

The Advisory Committee agrees with the Commission on the basic amounts of the fines.

| 11. | The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines. |
| --- | --- |

11.

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines.

| 12. | The Advisory Committee agrees with the Commission on the specific increases of the basic amounts of the fines so as to ensure a sufficiently deterrent effect. |
| --- | --- |

12.

The Advisory Committee agrees with the Commission on the specific increases of the basic amounts of the fines so as to ensure a sufficiently deterrent effect.

| 13. | The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case. |
| --- | --- |

13.

The Advisory Committee agrees with the Commission that there are no aggravating and no mitigating circumstances applicable in this case.

| 14. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
| --- | --- |

14.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

| 15. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
| --- | --- |

15.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

| 16. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
| --- | --- |

16.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

| 17. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

17.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

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| 12.4.2017 | EN | Official Journal of the European Union | C 117/8 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/8

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Final Report of the Hearing Officer (1)

Rechargeable Batteries

(AT.39904)

(2017/C 117/09)

On 4 March 2015, the European Commission (the ‘Commission’) initiated proceedings in accordance with Article 11(6) of Council Regulation (EC) No 1/2003 (2) and Article 2(1) of Commission Regulation (EC) No 773/2004 (3) in respect of four undertakings: Samsung SDI, Sony, Panasonic and Sanyo (the ‘undertakings concerned’).

Following settlement discussions and settlement submissions in accordance with Article 10a(2) of Regulation (EC) No 773/2004, the Commission notified a statement of objections on 28 September 2016 to the following legal entities (the ‘parties’) grouped here by respective undertaking concerned:

| — | Samsung SDI Co., Ltd, |
| --- | --- |

—

Samsung SDI Co., Ltd,

| — | Sony Corporation, Sony Energy Devices Corporation, Sony Electronics Inc. and Sony Taiwan Limited, |
| --- | --- |

—

Sony Corporation, Sony Energy Devices Corporation, Sony Electronics Inc. and Sony Taiwan Limited,

| — | Panasonic Corporation and Panasonic Automotive & Industrial Systems Europe GmbH, and |
| --- | --- |

—

Panasonic Corporation and Panasonic Automotive & Industrial Systems Europe GmbH, and

| — | Sanyo Electric Co., Ltd, Panasonic Industrial Devices Sales Taiwan Co., Ltd and Panasonic Automotive & Industrial Systems Europe GmbH. |
| --- | --- |

—

Sanyo Electric Co., Ltd, Panasonic Industrial Devices Sales Taiwan Co., Ltd and Panasonic Automotive & Industrial Systems Europe GmbH.

According to that statement of objections, the undertakings concerned participated in a single and continuous infringement of Article 101 TFEU and Article 53 of the EEA Agreement concerning rechargeable lithium-ion batteries in the European Economic Area (EEA) from 2004 to 2007.

The Commission’s draft decision finds that the undertakings concerned infringed Article 101 TFEU and Article 53 of the EEA Agreement by participating in a single and continuous infringement covering the whole EEA consisting of price coordination and/or exchanges of commercially-sensitive market information concerning rechargeable lithium-ion batteries.

The parties confirmed pursuant to Article 10a(3) of Regulation (EC) No 773/2004 that the statement of objections reflected the contents of their settlement submissions.

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

In view of the above, and bearing in mind that the parties have not addressed any requests or complaints to me (4), I consider that the effective exercise of the procedural rights of all participants in the proceedings in this case has been respected.

Brussels, 5 December 2016.

Wouter WILS

---

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

1

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

2

(3)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18) as amended in particular by Commission Regulation (EC) No 622/2008 of 30 June 2008 (OJ L 171, 1.7.2008, p. 3).

3

(4)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C 167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

4

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| 12.4.2017 | EN | Official Journal of the European Union | C 117/9 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/9

---

Summary of Commission Decision

of 12 December 2016

relating to a proceeding under Article 101 of the Treaty on the functioning of the European Union and Article 53 of the EEA Agreement

(Case AT.39904 — Rechargeable Batteries)

(notified under document C(2016) 8456)

(Only the English text is authentic)

(2017/C 117/10)

On 12 December 2016, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | On 12 December 2016, the Commission adopted a Decision relating to infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement in the rechargeable lithium-ion batteries sector. The addressees of the Decision exchanged commercially sensitive market information and/or coordinated prices of rechargeable lithium-ion batteries (‘LiBs’). |
| --- | --- |

(1)

On 12 December 2016, the Commission adopted a Decision relating to infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement in the rechargeable lithium-ion batteries sector. The addressees of the Decision exchanged commercially sensitive market information and/or coordinated prices of rechargeable lithium-ion batteries (‘LiBs’).

| (2) | There are three different types of LiBs depending on their usage and demand namely cylindrical, prismatic and polymer. For example, larger devices such as laptops and camcorders often use cylindrical LiBs, whereas smaller devices like smartphones and tablets often use prismatic or polymer LiBs. |
| --- | --- |

(2)

There are three different types of LiBs depending on their usage and demand namely cylindrical, prismatic and polymer. For example, larger devices such as laptops and camcorders often use cylindrical LiBs, whereas smaller devices like smartphones and tablets often use prismatic or polymer LiBs.

| (3) | The Decision is addressed to Samsung SDI (2), Sony (3), Panasonic (4) and Sanyo (5) (‘the Parties’). |
| --- | --- |

(3)

The Decision is addressed to Samsung SDI (2), Sony (3), Panasonic (4) and Sanyo (5) (‘the Parties’).

2.   CASE DESCRIPTION

2.1.   Procedure

| (4) | Following the immunity application of Samsung SDI under the terms of the 2006 Leniency Notice, the Commission addressed on 1 June 2012 targeted requests for information to the undertakings active in the industry. On 17 August 2012, Sony applied for a reduction of a fine. Panasonic (together with Sanyo) applied for a reduction of a fine on 25 March 2015. |
| --- | --- |

(4)

Following the immunity application of Samsung SDI under the terms of the 2006 Leniency Notice, the Commission addressed on 1 June 2012 targeted requests for information to the undertakings active in the industry. On 17 August 2012, Sony applied for a reduction of a fine. Panasonic (together with Sanyo) applied for a reduction of a fine on 25 March 2015.

| (5) | On 4 March 2015, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the parties with a view to engaging in settlement discussions with them. Settlement meetings took place between July 2015 and July 2016. Subsequently, the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (6). |
| --- | --- |

(5)

On 4 March 2015, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the parties with a view to engaging in settlement discussions with them. Settlement meetings took place between July 2015 and July 2016. Subsequently, the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (6).

| (6) | The Commission adopted the Statement of Objections on 28 September 2016 and all parties unequivocally confirmed that it corresponded to the content of their settlement submissions and that they therefore remained committed to following the settlement procedure. |
| --- | --- |

(6)

The Commission adopted the Statement of Objections on 28 September 2016 and all parties unequivocally confirmed that it corresponded to the content of their settlement submissions and that they therefore remained committed to following the settlement procedure.

| (7) | The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion on 5 December 2016. The Commission adopted the Decision on 12 December 2016. |
| --- | --- |

(7)

The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion on 5 December 2016. The Commission adopted the Decision on 12 December 2016.

2.2.   Duration

| (8) | The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, by participating, during the periods indicated below, in anti-competitive practices in respect to the supply of LiBs.






  Undertaking | Period of participation |
| --- | --- | --- |
| Samsung SDI | 1 April 2004-1 October 2007 |
| Sony | 24 February 2004-1 October 2007 |
| Panasonic | 24 February 2004-10 November 2007 |
| Sanyo | 24 February 2004-10 November 2007 |

(8)

The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, by participating, during the periods indicated below, in anti-competitive practices in respect to the supply of LiBs.

Undertaking

Period of participation

Samsung SDI

1 April 2004-1 October 2007

Sony

24 February 2004-1 October 2007

Panasonic

24 February 2004-10 November 2007

Sanyo

24 February 2004-10 November 2007

2.3.   Summary of the infringement

| (9) | The cartel consisted of a series of anti-competitive contacts between the Parties regarding LiBs, including occasional price-related contacts and/or regular exchanges of commercially sensitive market information. Moreover, the Parties discussed their intentions to participate in particular competitive bidding events organised by specific customers. In the context of these discussions, they occasionally disclosed prices they submitted or intended to submit as well as coordinated the appropriate timing to launch the agreed price increases. |
| --- | --- |

(9)

The cartel consisted of a series of anti-competitive contacts between the Parties regarding LiBs, including occasional price-related contacts and/or regular exchanges of commercially sensitive market information. Moreover, the Parties discussed their intentions to participate in particular competitive bidding events organised by specific customers. In the context of these discussions, they occasionally disclosed prices they submitted or intended to submit as well as coordinated the appropriate timing to launch the agreed price increases.

| (10) | The cartel has mainly operated on the basis of bilateral contacts, however multilateral contacts were also occasionally organised. Geographically, the cartel discussions mainly have taken place in Asia, however contacts occasionally also took place in Europe. |
| --- | --- |

(10)

The cartel has mainly operated on the basis of bilateral contacts, however multilateral contacts were also occasionally organised. Geographically, the cartel discussions mainly have taken place in Asia, however contacts occasionally also took place in Europe.

| (11) | The cartel contacts took place with varying degrees of intensity and frequency. The contacts reached their peak in the context of price increases of cobalt in 2004 and 2007, which resulted in the Parties' agreement on temporary price increases of LiBs for that period. |
| --- | --- |

(11)

The cartel contacts took place with varying degrees of intensity and frequency. The contacts reached their peak in the context of price increases of cobalt in 2004 and 2007, which resulted in the Parties' agreement on temporary price increases of LiBs for that period.

2.4.   Remedies

| (12) | The Decision applies the 2006 Guidelines on fines (7). |
| --- | --- |

(12)

The Decision applies the 2006 Guidelines on fines (7).

2.4.1.   Basic amount of the fine

| (13) | The value of sales is calculated on the basis of the sales of LiBs in the EEA in the last full business year of the infringement (2006). |
| --- | --- |

(13)

The value of sales is calculated on the basis of the sales of LiBs in the EEA in the last full business year of the infringement (2006).

| (14) | Considering the nature of the infringement and its geographic scope, the percentage for the variable amount of the fine as well as the additional amount (‘entry fee’) is set at 16 % of the value of sales for the infringement. |
| --- | --- |

(14)

Considering the nature of the infringement and its geographic scope, the percentage for the variable amount of the fine as well as the additional amount (‘entry fee’) is set at 16 % of the value of sales for the infringement.

| (15) | The variable amount is multiplied by the number of years or by fractions of the year respectively of the Parties' individual participation in the infringement. The increase for duration is calculated on the basis of the full years, months and days. |
| --- | --- |

(15)

The variable amount is multiplied by the number of years or by fractions of the year respectively of the Parties' individual participation in the infringement. The increase for duration is calculated on the basis of the full years, months and days.

2.4.2.   Adjustments to the basic amount

| (16) | There are no aggravating or mitigating circumstances taken into account by the Commission in this case.
  A deterrence multiplier of 1,2 is applied to Sony and Panasonic to take into account the particularly large turnovers beyond the value of sales of those undertakings. |
| --- | --- |

(16)

There are no aggravating or mitigating circumstances taken into account by the Commission in this case.

A deterrence multiplier of 1,2 is applied to Sony and Panasonic to take into account the particularly large turnovers beyond the value of sales of those undertakings.

2.4.3.   Application of the 10 % turnover limit

| (17) | The final individual amounts of the fines are below 10 % of the worldwide turnovers of all Parties. |
| --- | --- |

(17)

The final individual amounts of the fines are below 10 % of the worldwide turnovers of all Parties.

2.4.4.   Application of the 2006 Leniency Notice

| (18) | Samsung SDI was the first to submit information and evidence meeting the conditions of point 8(a) of the 2006 Leniency Notice. Its fine to be imposed is thus reduced by 100 %. |
| --- | --- |

(18)

Samsung SDI was the first to submit information and evidence meeting the conditions of point 8(a) of the 2006 Leniency Notice. Its fine to be imposed is thus reduced by 100 %.

| (19) | Moreover, Sony is granted 50 % reduction of the fine and Panasonic/Sanyo a reduction of 20 %. |
| --- | --- |

(19)

Moreover, Sony is granted 50 % reduction of the fine and Panasonic/Sanyo a reduction of 20 %.

2.4.5.   Application of the Settlement Notice

| (20) | As a result of the application of the Settlement Notice, the amount of the fine for Sony, Panasonic and Sanyo was reduced by 10 %. The reduction was added to their leniency reward. |
| --- | --- |

(20)

As a result of the application of the Settlement Notice, the amount of the fine for Sony, Panasonic and Sanyo was reduced by 10 %. The reduction was added to their leniency reward.

3.   FINES IMPOSED BY THE DECISION

| (21) | The following fine was imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:






  (a) | Samsung SDI Co., Ltd: EUR 0; |
| --- | --- | --- |

(21)

The following fine was imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:

(a)

Samsung SDI Co., Ltd: EUR 0;

| (b) | Sony Corporation, Sony Energy Devices Corporation, Sony Electronics Inc. and Sony Taiwan Limited jointly and severally liable: EUR 29 802 000; |
| --- | --- |

(b)

Sony Corporation, Sony Energy Devices Corporation, Sony Electronics Inc. and Sony Taiwan Limited jointly and severally liable: EUR 29 802 000;

| (c) | Panasonic Corporation and Panasonic Automotive & Industrial Systems Europe GmbH jointly and severally liable: EUR 38 890 000; |
| --- | --- |

(c)

Panasonic Corporation and Panasonic Automotive & Industrial Systems Europe GmbH jointly and severally liable: EUR 38 890 000;

| (d) | Sanyo Electric Co., Ltd, Panasonic Industrial Devices Sales Taiwan Co., Ltd and Panasonic Automotive & Industrial Systems Europe GmbH jointly and severally liable: EUR 97 149 000. |
| --- | --- |

(d)

Sanyo Electric Co., Ltd, Panasonic Industrial Devices Sales Taiwan Co., Ltd and Panasonic Automotive & Industrial Systems Europe GmbH jointly and severally liable: EUR 97 149 000.

---

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  The relevant legal entity is Samsung SDI Co., Ltd.

(3)  The relevant legal entities are Sony Corporation, Sony Energy Devices Corporation, Sony Electronics Inc. and Sony Taiwan Limited.

(4)  The relevant legal entities are Panasonic Corporation and Panasonic Automotive & Industrial Systems Europe GmbH (formerly Panasonic Industrial Device Sales Europe GmbH).

(5)  The relevant legal entities are Sanyo Electric Co., Ltd, Panasonic Industrial Devices Sales Taiwan Co., Ltd (formerly Sanyo Energy Taiwan Co., Ltd) and Panasonic Automotive & Industrial Systems Europe GmbH (formerly Sanyo Component Europe GmbH). As of second half of 2009, Sanyo is part of the Panasonic group.

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

(7)  OJ C 210, 1.9.2006, p. 2.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 12.4.2017 | EN | Official Journal of the European Union | C 117/12 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/12

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in the People's Republic of China

(2017/C 117/11)

The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Article 11(3) 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’).

1.   Request for review

The request for review was lodged by Kyocera (‘the applicant’), an exporting producer from the People's Republic of China (‘the country concerned’).

The review is limited to the examination of the product scope as regards the clarification of whether certain product types, as specified in section 4 below, fall within the scope of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in the country concerned.

2.   Product under review

The product subject to this review is ceramic tableware and kitchenware, excluding ceramic knives, ceramic condiment or spice mills and their ceramic grinding parts, ceramic peelers, ceramic knife sharpeners and cordierite ceramic pizza-stones of a kind used for baking pizza or bread (‘the product under review’), currently falling within CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23, ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 412/2013 (2).

4.   Grounds for the review

The applicant requests the exclusion of ceramic slicers, ceramic graters, ceramic scissors, ceramic scrapers, ceramic sharpeners and ceramic coffee mills from the scope of the current anti-dumping measures.

The request pursuant to Article 11(3) of the basic Regulation is based on prima facie evidence provided by the applicant demonstrating that the basic physical, technical and chemical characteristics, the production processes and end-uses of the products to be excluded significantly differ from those of the product under review.

5.   Procedure

Having determined, after informing the Member States, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission initiates a review in accordance with Article 11(3) of the basic Regulation, limited to the clarification of whether certain product types, as specified in section 4 above, fall within the scope of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in the country concerned.

Any Regulation which may result from this review might possibly have a retroactive effect as of the date of imposition of the existing measures, or alternatively from a later date, for instance the date of publication of this Notice in the Official Journal of the European Union. All interested parties, and in particular importers, are invited to make their views known on this issue, and submit any evidence supporting those views.

5.1.   Written submissions

Subject of 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.

In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant as exporting producer. In addition, the Commission may send questionnaires to interested parties that have come forward. 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.

5.2.   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.

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

Information submitted to the Commission for the purpose of trade defence investigations should 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 on a confidential basis should be labelled ‘Limited’ (3). Any request for confidential treatment must be duly justified.

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 information on a confidential basis 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 |
| E-mail: trade-tableware-review@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: trade-tableware-review@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 whether certain product types, as specified in section 4 above, fall within the scope of the existing measures.

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.   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 (4).

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

(2)  Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China (OJ L 131, 15.5.2013, p. 1).

(3)  A ‘Limited’ document is a document which is treated confidentially in accordance with 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 in accordance with Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

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| 12.4.2017 | EN | Official Journal of the European Union | C 117/15 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/15

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of oxalic acid originating in India and the People's Republic of China

(2017/C 117/12)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of oxalic acid originating in India and in the People's Republic of China (‘countries concerned’), the European Commission (‘the Commission’) has received a request for a 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 18 January 2017 by Oxaquim S.A. (‘the applicant’), representing more than 50 % of the total Union production of oxalic acid.

2.   Product under review

The product subject to this review is oxalic acid, whether in dihydrate (CUS number 0028635-1 and CAS number 6153-56-6) or anhydrous form (CUS number 0021238-4 and CAS number 144-62-7) and whether or not in aqueous solution, currently falling within CN code ex 2917 11 00 (TARIC code 2917110091) and originating in India and the People's Republic of China (‘product under review’).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EU) No 325/2012 (3). Following a judgment of the General Court of 20 May 2015 (4), measures were reimposed (5) against imports of one Chinese exporting producer.

4.   Grounds for the review

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

4.1.   
  Allegation of likelihood of continuation of dumping

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

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China is considered to be a non-market economy country, the applicant established normal value for the imports from the People's Republic of China on the basis of the price in a market economy third country, namely India. The allegation of likelihood of continuation 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 the Union. The applicant has also submitted information on prices in the People's Republic of China, which confirms the allegation of continuation of dumping.

On this basis the dumping margins calculated are significant for both countries concerned.

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 from the countries concerned to the Union is likely to increase due to the continued interest of the exporting producers in the countries concerned in the Union market and the existence of unused capacity in the countries 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 countries 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 originating in the countries 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 April 2016 to 31 March 2017 (‘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 likelihood of continuation or recurrence of dumping

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

5.2.1.   Investigating exporting producers

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

Sampling

In view of the potentially large number of exporting producers in India and 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 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 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 India and 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 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 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 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 in India and the People's Republic of China.

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’).

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

Selection of a market economy third country

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

In the previous investigation India was used as a market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. For the purpose of the current investigation, the Commission envisages using again India. According to the information available to the Commission, other market economy producers may be located, inter alia, in Japan. 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 review in those market economy third countries for which there are indications that production of the product under review is taking place. 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
   (7)
   (8)

Unrelated importers of the product under review from India and the People's Republic of China to the Union, 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 (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.

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

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

5.3.1.   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: Oxaquim S.A. and Clariant.

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 email, as soon as possible 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.

5.4.   
  Procedure for the assessment of Union interest

Should the likelihood of 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 and their representative associations, 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’ (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 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 |
| E-mail: |
| (a) | TRADE-OXALIC-R672-DUMPING@ec.europa.eu to be used by exporting producers, related importers, their associations and representatives of the countries concerned; |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail:

(a)

TRADE-OXALIC-R672-DUMPING@ec.europa.eu to be used by exporting producers, related importers, their associations and representatives of the countries concerned;

| (b) | TRADE-OXALIC-R672-INJURY@ec.europa.eu to be used by Union producers, unrelated importers, suppliers, users, consumers and their associations within the Union. |
| --- | --- |

(b)

TRADE-OXALIC-R672-INJURY@ec.europa.eu to be used by Union producers, unrelated importers, suppliers, users, consumers and their associations within the Union.

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 329, 7.9.2016, p. 4.

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

(3)  Council Implementing Regulation (EU) No 325/2012 of 12 April 2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of oxalic acid originating in India and the People's Republic of China (OJ L 106, 18.4.2012, p. 1).

(4)  Case T-310/12 Yuanping Changyuan Chemicals Co. Ltd v Council of the European Union.

(5)  Commission Implementing Regulation (EU) 2016/2081 of 28 November 2016 reimposing a definitive anti-dumping duty on imports of oxalic acid originating in the People's Republic of China and produced by Yuanping Changyuan Chemicals Co. Ltd (OJ L 321, 29.11.2016, p. 48).

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

(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 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).

(10)  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 OXALIC ACID ORIGINATING IN INDIA AND THE PEOPLE’S REPUBLIC OF CHINA

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

This form is designed to assist exporting producers in India and 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 countries 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 to the 5 biggest importing countries), domestic sales, production and production capacity.

Table I

Turnover, sales volume

Volume in metric 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 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 5 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

Volume in metric tonnes

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

Volume in metric tonnes

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 OXALIC ACID ORIGINATING IN INDIA AND 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 volume for imports into the Union (2) and resales on the Union market after importation from India and the People’s Republic of China, during the review investigation period, of oxalic acid as defined in the Notice of Initiation.

Volume in metric tonnes

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 India and 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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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 12.4.2017 | EN | Official Journal of the European Union | C 117/25 |
| --- | --- | --- | --- |

12.4.2017

EN

Official Journal of the European Union

C 117/25

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Prior notification of a concentration

(Case M.8387 — AXA/Caisse des dépôts et consignations/Cible (II))

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 117/13)

| 1. | On 6 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AXA SA (‘AXA’, France) and Caisse des dépôts et consignations (‘CDC’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint indirect control of two joint property lots in France (‘Cible II’) by way of purchase of shares. |
| --- | --- |

1.

On 6 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AXA SA (‘AXA’, France) and Caisse des dépôts et consignations (‘CDC’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint indirect control of two joint property lots in France (‘Cible II’) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for AXA: a global insurance group active in life and health insurance, other forms of insurance, and investment management,
  —   for CDC: a public institution carrying out activities of general interest, consisting in particular of the management of private funds to which the public authorities wish to afford particular protection and activities open to competition in the environmental, real-estate, investment and capital investment, and services sectors,
  —   Cible (II): two lots of joint property for commercial use within a shopping centre situated in the Provence-Alpes-Côte d’Azur region. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for AXA: a global insurance group active in life and health insurance, other forms of insurance, and investment management,

—   for CDC: a public institution carrying out activities of general interest, consisting in particular of the management of private funds to which the public authorities wish to afford particular protection and activities open to competition in the environmental, real-estate, investment and capital investment, and services sectors,

—   Cible (II): two lots of joint property for commercial use within a shopping centre situated in the Provence-Alpes-Côte d’Azur region.

| 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 the 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 the Notice.

| 4. | The Commission invites interested third parties to submit to it their observations on the proposed operation.
  Observations must reach the Commission no later than 10 days following the date of publication of this notification. 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.8387 — AXA/Caisse des dépôts et consignations/Cible (II), 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 to it their observations on the proposed operation.

Observations must reach the Commission no later than 10 days following the date of publication of this notification. 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.8387 — AXA/Caisse des dépôts et consignations/Cible (II), 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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