# Official Journal C 433/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 433 |
| | |
| English edition | Information and Notices | Volume 573 December 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 433

English edition

Information and Notices

Volume 573 December 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 433/01 | Withdrawal of notification of a concentration (Case M.7417 — Sime Darby / New Britain Palm Oil) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 433/01

Withdrawal of notification of a concentration (Case M.7417 — Sime Darby / New Britain Palm Oil) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2014/C 433/02 | Council conclusions on European Audiovisual Policy in the Digital Era | 2 |
| | European Commission |
| 2014/C 433/03 | Interest rate applied by the European Central Bank to its main refinancing operations: 0,05 % on 1 December 2014 — Euro exchange rates | 6 |
| | NOTICES FROM MEMBER STATES |
| 2014/C 433/04 | Information communicated by Member States regarding closure of fisheries | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2014/C 433/02

Council conclusions on European Audiovisual Policy in the Digital Era

2

European Commission

2014/C 433/03

Interest rate applied by the European Central Bank to its main refinancing operations: 0,05 % on 1 December 2014 — Euro exchange rates

6

NOTICES FROM MEMBER STATES

2014/C 433/04

Information communicated by Member States regarding closure of fisheries

7

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2014/C 433/05 | Notice of initiation of an absorption investigation concerning imports of certain stainless steel wires originating in India | 8 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 433/06 | Prior notification of a concentration (Case M.7460 — Scholz Recycling/Thyssen Alfa Rohstoffhandel/Noris Metallrecycling JV) — Candidate case for simplified procedure (
  1
  ) | 17 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2014/C 433/05

Notice of initiation of an absorption investigation concerning imports of certain stainless steel wires originating in India

8

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 433/06

Prior notification of a concentration (Case M.7460 — Scholz Recycling/Thyssen Alfa Rohstoffhandel/Noris Metallrecycling JV) — Candidate case for simplified procedure (
  1
  )

1

17

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 3.12.2014 | EN | Official Journal of the European Union | C 433/1 |
| --- | --- | --- | --- |

3.12.2014

EN

Official Journal of the European Union

C 433/1

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Withdrawal of notification of a concentration

(Case M.7417 — Sime Darby / New Britain Palm Oil)

(Text with EEA relevance)

(2014/C 433/01)

(Council Regulation (EC) No. 139/2004)

On 31 October 2014, the Commission received a notification of a proposed concentration between Sime Darby Bhd and New Britain Palm Oil Limited. On 27 November 2014, the notifying party/ies informed the Commission that it/they withdrew its/their notification.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 3.12.2014 | EN | Official Journal of the European Union | C 433/2 |
| --- | --- | --- | --- |

3.12.2014

EN

Official Journal of the European Union

C 433/2

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Council conclusions on European Audiovisual Policy in the Digital Era

(2014/C 433/02)

THE COUNCIL OF THE EUROPEAN UNION,

RECOGNISING THAT:

| 1. | The audiovisual industry is crucial both in creating sustainable growth and jobs and in fostering cultural and linguistic diversity and therefore represents a key area for the economic, cultural and social agenda of the EU and particularly for reaching the goals of the Europe 2020 strategy. |
| --- | --- |

1.

The audiovisual industry is crucial both in creating sustainable growth and jobs and in fostering cultural and linguistic diversity and therefore represents a key area for the economic, cultural and social agenda of the EU and particularly for reaching the goals of the Europe 2020 strategy.

| 2. | In times of rapid technological changes and unpredictable market developments, it is crucial to foster cultural and linguistic diversity and competitiveness in all policy measures affecting the European audiovisual industry on European and Member State levels. |
| --- | --- |

2.

In times of rapid technological changes and unpredictable market developments, it is crucial to foster cultural and linguistic diversity and competitiveness in all policy measures affecting the European audiovisual industry on European and Member State levels.

NOTING THAT:

| 3. | The digital revolution has had a profound effect on the audiovisual landscape which is now characterised by the co-existence of cinema, linear audiovisual media services, such as television, and new, non-linear media services, such as Video-on-Demand (VoD). The blurring of lines between linear and non-linear audiovisual media services raises the question as to whether existing EU legislative provisions remain appropriate. |
| --- | --- |

3.

The digital revolution has had a profound effect on the audiovisual landscape which is now characterised by the co-existence of cinema, linear audiovisual media services, such as television, and new, non-linear media services, such as Video-on-Demand (VoD). The blurring of lines between linear and non-linear audiovisual media services raises the question as to whether existing EU legislative provisions remain appropriate.

| 4. | Media convergence also offers new possibilities for distributing audiovisual content which in turn requires the business and regulatory environment to adapt. |
| --- | --- |

4.

Media convergence also offers new possibilities for distributing audiovisual content which in turn requires the business and regulatory environment to adapt.

| 5. | Audiovisual markets are still television and cinema orientated; nonetheless, major changes in audience behaviour regarding audiovisual content are evident especially among younger people who increasingly use on-line services. Audiences in general demand and expect immediate access to new content anytime, anywhere and across all devices. In Europe, however, where markets are fragmented, the legal supply of content does not always meet this cross-border demand. |
| --- | --- |

5.

Audiovisual markets are still television and cinema orientated; nonetheless, major changes in audience behaviour regarding audiovisual content are evident especially among younger people who increasingly use on-line services. Audiences in general demand and expect immediate access to new content anytime, anywhere and across all devices. In Europe, however, where markets are fragmented, the legal supply of content does not always meet this cross-border demand.

| 6. | In response to these developments, it is the responsibility of policy-makers to examine how to help create a dynamic single market for audiovisual content that meets the demand of citizens, content providers and rightholders, while ensuring cultural and linguistic diversity. |
| --- | --- |

6.

In response to these developments, it is the responsibility of policy-makers to examine how to help create a dynamic single market for audiovisual content that meets the demand of citizens, content providers and rightholders, while ensuring cultural and linguistic diversity.

AGREEING THAT:

| 7. | In the context of the digital era, copyright should continue to play the role of protecting and stimulating creation and ensuring appropriate remuneration for rightholders, while allowing for the development of new innovative services and cross-border access for the citizens. |
| --- | --- |

7.

In the context of the digital era, copyright should continue to play the role of protecting and stimulating creation and ensuring appropriate remuneration for rightholders, while allowing for the development of new innovative services and cross-border access for the citizens.

| 8. | The main goals of the European audiovisual policy in the digital era are to:






  (a) | facilitate the supply of broad, culturally and linguistically diverse and high quality content; |
| --- | --- | --- |

8.

The main goals of the European audiovisual policy in the digital era are to:

(a)

facilitate the supply of broad, culturally and linguistically diverse and high quality content;

| (b) | meet audience demand by ensuring easy, timely, cross-border and legal access to content, full cross-border circulation of European audiovisual works and visibility and presence of European works across all distribution platforms; |
| --- | --- |

(b)

meet audience demand by ensuring easy, timely, cross-border and legal access to content, full cross-border circulation of European audiovisual works and visibility and presence of European works across all distribution platforms;

| (c) | ensure equal conditions for competiveness for audiovisual media service providers within the single market. |
| --- | --- |

(c)

ensure equal conditions for competiveness for audiovisual media service providers within the single market.

| 9. | In order to achieve these goals it is important to ensure media pluralism; promote a technologically neutral audiovisual single market; safeguard public interests, including Member States’ existing responsibility for national security, audience protection, in particular the protection of minors, and access for the elderly and people with disabilities; support media literacy, in particular among children and young people; and promote access to European film heritage and film literacy. |
| --- | --- |

9.

In order to achieve these goals it is important to ensure media pluralism; promote a technologically neutral audiovisual single market; safeguard public interests, including Member States’ existing responsibility for national security, audience protection, in particular the protection of minors, and access for the elderly and people with disabilities; support media literacy, in particular among children and young people; and promote access to European film heritage and film literacy.

WELCOMES:

| 10. | — | The Commission Communication on European film in the Digital Era — Bridging Cultural Diversity and Competitiveness (1); |
| --- | --- | --- |

10.

—

The Commission Communication on European film in the Digital Era — Bridging Cultural Diversity and Competitiveness (1);

| — | the Commission Communication on State Aid for Films and Other Audiovisual Works (2); |
| --- | --- |

—

the Commission Communication on State Aid for Films and Other Audiovisual Works (2);

| — | the Green Paper on Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values (3). |
| --- | --- |

—

the Green Paper on Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values (3).

INVITES THE COMMISSION TO:

| 11. | Urgently complete the exercise of the review (4) of the Audiovisual Media Service (AVMS) Directive (5) in the light of the rapid technological and market changes resulting from the digital shift, and on the basis of the outcome of this review submit an appropriate proposal for the revision of this Directive as soon as possible, in respect of the principle of subsidiarity. |
| --- | --- |

11.

Urgently complete the exercise of the review (4) of the Audiovisual Media Service (AVMS) Directive (5) in the light of the rapid technological and market changes resulting from the digital shift, and on the basis of the outcome of this review submit an appropriate proposal for the revision of this Directive as soon as possible, in respect of the principle of subsidiarity.

| 12. | Implement the process of a structured dialogue about film policy in Europe through the European Film Forum (6) and use the results of the Forum also for the purpose of the mid-term evaluation of the Creative Europe Programme (MEDIA Sub-programme) aiming at reshaping the action lines, increasing the complementarity with national support schemes and adapting them to the changing needs of the market. |
| --- | --- |

12.

Implement the process of a structured dialogue about film policy in Europe through the European Film Forum (6) and use the results of the Forum also for the purpose of the mid-term evaluation of the Creative Europe Programme (MEDIA Sub-programme) aiming at reshaping the action lines, increasing the complementarity with national support schemes and adapting them to the changing needs of the market.

| 13. | Promote the use of the Erasmus+, the Horizon 2020 and COSME programmes to finance education, training and research and innovation activities underpinning the audiovisual sector. |
| --- | --- |

13.

Promote the use of the Erasmus+, the Horizon 2020 and COSME programmes to finance education, training and research and innovation activities underpinning the audiovisual sector.

A.   BUSINESS ENVIRONMENT

INVITES THE COMMISSION AND MEMBER STATES, WITHIN THEIR RESPECTIVE SPHERES OF COMPETENCIES AND IN ACCORDANCE WITH THE PRINCIPLE OF SUBSIDIARITY, TO:

| 14. | Test the impact of new ways of releasing films in the framework of the Creative Europe Programme (MEDIA Sub-programme) and explore the possibilities of testing these approaches as part of the objectives of the national film policies. |
| --- | --- |

14.

Test the impact of new ways of releasing films in the framework of the Creative Europe Programme (MEDIA Sub-programme) and explore the possibilities of testing these approaches as part of the objectives of the national film policies.

| 15. | Encourage practices which make the licensing for multi-territory on-line audiovisual media services easier. |
| --- | --- |

15.

Encourage practices which make the licensing for multi-territory on-line audiovisual media services easier.

| 16. | Encourage exchanges and international cooperation between players operating in the audiovisual chain, also with the aim of improving the aggregation of information and statistical data, and enhance in this regard cooperation with the European Audiovisual Observatory. |
| --- | --- |

16.

Encourage exchanges and international cooperation between players operating in the audiovisual chain, also with the aim of improving the aggregation of information and statistical data, and enhance in this regard cooperation with the European Audiovisual Observatory.

INVITES MEMBER STATES TO:

| 17. | Ensure that legislation and public funding schemes allow for innovation and experimentation with release windows such as simultaneous release on different platforms. |
| --- | --- |

17.

Ensure that legislation and public funding schemes allow for innovation and experimentation with release windows such as simultaneous release on different platforms.

B.   PUBLIC FUNDING AND ACCESS TO FINANCE

INVITES THE COMMISSION TO:

| 18. | Intensify preparations for the Cultural and Creative Sectors Guarantee Facility, as foreseen in the Creative Europe Programme (7), in view of its establishment in 2016. |
| --- | --- |

18.

Intensify preparations for the Cultural and Creative Sectors Guarantee Facility, as foreseen in the Creative Europe Programme (7), in view of its establishment in 2016.

INVITES THE COMMISSION AND MEMBER STATES WITHIN THEIR RESPECTIVE SPHERES OF COMPETENCIES AND IN ACCORDANCE WITH THE PRINCIPLE OF SUBSIDIARITY, TO:

| 19. | Encourage rebalancing of the public funding of audiovisual works towards development, distribution and promotion. |
| --- | --- |

19.

Encourage rebalancing of the public funding of audiovisual works towards development, distribution and promotion.

| 20. | Promote complementarities between EU support measures, notably the Creative Europe Programme (MEDIA Sub-programme) and national and regional supports. |
| --- | --- |

20.

Promote complementarities between EU support measures, notably the Creative Europe Programme (MEDIA Sub-programme) and national and regional supports.

| 21. | Encourage funding for the digitisation and preservation of film heritage and related material. |
| --- | --- |

21.

Encourage funding for the digitisation and preservation of film heritage and related material.

INVITES MEMBER STATES TO:

| 22. | Promote the creation, whenever appropriate, of guarantee funds and investment funds co-financed by public and private investors. |
| --- | --- |

22.

Promote the creation, whenever appropriate, of guarantee funds and investment funds co-financed by public and private investors.

| 23. | Promote capacity building to support banks and financial intermediaries in financing audiovisual companies, in accordance with the capacity building scheme of the Creative Europe Programme. |
| --- | --- |

23.

Promote capacity building to support banks and financial intermediaries in financing audiovisual companies, in accordance with the capacity building scheme of the Creative Europe Programme.

C.   MEDIA AND FILM LITERACY AND FILM HERITAGE

INVITES THE COMMISSION TO:

| 24. | Assess and disseminate the outcome of the film literacy activities financed in the framework of the Creative Europe Programme (MEDIA Sub-programme). |
| --- | --- |

24.

Assess and disseminate the outcome of the film literacy activities financed in the framework of the Creative Europe Programme (MEDIA Sub-programme).

| 25. | Support and coordinate efforts to assess media literacy levels of European citizens at EU, national and local levels in the framework of the activity of its Media Literacy Expert Group. |
| --- | --- |

25.

Support and coordinate efforts to assess media literacy levels of European citizens at EU, national and local levels in the framework of the activity of its Media Literacy Expert Group.

INVITES THE COMMISSION AND MEMBER STATES, WITHIN THEIR RESPECTIVE SPHERES OF COMPETENCE AND IN ACCORDANCE WITH THE PRINCIPLE OF SUBSIDIARITY, TO:

| 26. | Promote good practices and research on the inclusion of media literacy in formal education and training, as well as in non-formal and informal learning. |
| --- | --- |

26.

Promote good practices and research on the inclusion of media literacy in formal education and training, as well as in non-formal and informal learning.

| 27. | Use film heritage as a tool for promoting European cultures and values outside Europe. |
| --- | --- |

27.

Use film heritage as a tool for promoting European cultures and values outside Europe.

INVITES MEMBER STATES TO:

| 28. | Promote the use of cinematographic and audiovisual works at all levels of education and training, including in non-formal and informal learning, in particular focusing on literacy skills, critical analysis and selection of content, and exchange of best practices and teaching material. |
| --- | --- |

28.

Promote the use of cinematographic and audiovisual works at all levels of education and training, including in non-formal and informal learning, in particular focusing on literacy skills, critical analysis and selection of content, and exchange of best practices and teaching material.

| 29. | Encourage national film festivals to work as a platform for film literacy promotion. |
| --- | --- |

29.

Encourage national film festivals to work as a platform for film literacy promotion.

| 30. | Make better use of the possibilities offered by the EU Structural Funds to support actions in favour of the protection, digitisation and circulation of audiovisual heritage (both film and television heritage), while also encourage experimentation with new release strategies and channels. |
| --- | --- |

30.

Make better use of the possibilities offered by the EU Structural Funds to support actions in favour of the protection, digitisation and circulation of audiovisual heritage (both film and television heritage), while also encourage experimentation with new release strategies and channels.

| 31. | Foster the innovative reuse of audiovisual heritage (both film and television heritage). |
| --- | --- |

31.

Foster the innovative reuse of audiovisual heritage (both film and television heritage).

D.   REGULATORY FRAMEWORK

INVITES THE COMMISSION TO:

| 32. | Pay particular attention to the following elements when carrying out the review of the AVMS Directive (8):






  (a) | assess whether the current regulatory distinction between non-linear and linear audiovisual media services is still appropriate in the context of the digital era; |
| --- | --- | --- |

32.

Pay particular attention to the following elements when carrying out the review of the AVMS Directive (8):

(a)

assess whether the current regulatory distinction between non-linear and linear audiovisual media services is still appropriate in the context of the digital era;

| (b) | assess the functioning of the ‘country of origin’ principle in the audiovisual landscape; |
| --- | --- |

(b)

assess the functioning of the ‘country of origin’ principle in the audiovisual landscape;

| (c) | assess the most effective way to create a level playing field between all actors of the value chain; |
| --- | --- |

(c)

assess the most effective way to create a level playing field between all actors of the value chain;

| (d) | evaluate the effectiveness of the measures for the promotion of European works, as foreseen in the AVMS Directive, considering alternative measures ensuring the efficient promotion of European works in the digital environment; |
| --- | --- |

(d)

evaluate the effectiveness of the measures for the promotion of European works, as foreseen in the AVMS Directive, considering alternative measures ensuring the efficient promotion of European works in the digital environment;

| (e) | assess the functioning of current advertising rules; |
| --- | --- |

(e)

assess the functioning of current advertising rules;

| (f) | ensure a high level of protection of minors across all audiovisual media services. |
| --- | --- |

(f)

ensure a high level of protection of minors across all audiovisual media services.

| 33. | To bring forward the necessary proposals to continue modernising the EU copyright framework in the light of the digital shift to the benefit of both European economy and cultural diversity, inter alia, to facilitate on-line, legal and cross-border access to audiovisual works, foster on-line transnational circulation of audiovisual works, protect and reward authors and other rightholders, provide for a balanced framework of rights, duties and responsibilities across the value chain and improve the level of digitisation and online availability of film heritage. |
| --- | --- |

33.

To bring forward the necessary proposals to continue modernising the EU copyright framework in the light of the digital shift to the benefit of both European economy and cultural diversity, inter alia, to facilitate on-line, legal and cross-border access to audiovisual works, foster on-line transnational circulation of audiovisual works, protect and reward authors and other rightholders, provide for a balanced framework of rights, duties and responsibilities across the value chain and improve the level of digitisation and online availability of film heritage.

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(1)  doc. 10024/14.

(2)  OJ C 332, 15.11.2013, p. 1.

(3)  doc. 8934/13.

(4)  The REFIT evaluation.

(5)  Directive 2010/13/EU of the European Parliament and of the Council (OJ L 95, 15.4.2010, p. 1).

(6)  Launched by the Commission Communication on European film in the Digital Era.

(7)  Regulation (EU) No 1295/2013 of the European Parliament and of the Council (OJ L 347, 20.12.2013, p. 221).

(8)  The REFIT evaluation of the AVMS Directive is foreseen for 2015 (doc. 10648/14).

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European Commission

| 3.12.2014 | EN | Official Journal of the European Union | C 433/6 |
| --- | --- | --- | --- |

3.12.2014

EN

Official Journal of the European Union

C 433/6

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Interest rate applied by the European Central Bank to its main refinancing operations (1):

0,05 % on 1 December 2014

Euro exchange rates (2)

2 December 2014

(2014/C 433/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2424 |
| JPY | Japanese yen | 148,08 |
| DKK | Danish krone | 7,4406 |
| GBP | Pound sterling | 0,79360 |
| SEK | Swedish krona | 9,2795 |
| CHF | Swiss franc | 1,2040 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,6970 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,605 |
| HUF | Hungarian forint | 306,93 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1637 |
| RON | Romanian leu | 4,4288 |
| TRY | Turkish lira | 2,7655 |
| AUD | Australian dollar | 1,4720 |
| CAD | Canadian dollar | 1,4125 |
| HKD | Hong Kong dollar | 9,6348 |
| NZD | New Zealand dollar | 1,5884 |
| SGD | Singapore dollar | 1,6242 |
| KRW | South Korean won | 1 382,24 |
| ZAR | South African rand | 13,7499 |
| CNY | Chinese yuan renminbi | 7,6413 |
| HRK | Croatian kuna | 7,6755 |
| IDR | Indonesian rupiah | 15 272,20 |
| MYR | Malaysian ringgit | 4,2705 |
| PHP | Philippine peso | 55,649 |
| RUB | Russian rouble | 66,2670 |
| THB | Thai baht | 40,825 |
| BRL | Brazilian real | 3,1875 |
| MXN | Mexican peso | 17,4172 |
| INR | Indian rupee | 76,8834 |

Currency

Exchange rate

USD

US dollar

1,2424

JPY

Japanese yen

148,08

DKK

Danish krone

7,4406

GBP

Pound sterling

0,79360

SEK

Swedish krona

9,2795

CHF

Swiss franc

1,2040

ISK

Iceland króna

NOK

Norwegian krone

8,6970

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,605

HUF

Hungarian forint

306,93

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1637

RON

Romanian leu

4,4288

TRY

Turkish lira

2,7655

AUD

Australian dollar

1,4720

CAD

Canadian dollar

1,4125

HKD

Hong Kong dollar

9,6348

NZD

New Zealand dollar

1,5884

SGD

Singapore dollar

1,6242

KRW

South Korean won

1 382,24

ZAR

South African rand

13,7499

CNY

Chinese yuan renminbi

7,6413

HRK

Croatian kuna

7,6755

IDR

Indonesian rupiah

15 272,20

MYR

Malaysian ringgit

4,2705

PHP

Philippine peso

55,649

RUB

Russian rouble

66,2670

THB

Thai baht

40,825

BRL

Brazilian real

3,1875

MXN

Mexican peso

17,4172

INR

Indian rupee

76,8834

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

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

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NOTICES FROM MEMBER STATES

| 3.12.2014 | EN | Official Journal of the European Union | C 433/7 |
| --- | --- | --- | --- |

3.12.2014

EN

Official Journal of the European Union

C 433/7

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Information communicated by Member States regarding closure of fisheries

(2014/C 433/04)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 24.10.2014 |
| --- | --- |
| Duration | 24.10.2014-31.12.2014 |
| Member State | Ireland |
| Stock or Group of stocks | PLE/7HJK. |
| Species | Plaice (Pleuronectes platessa) |
| Zone | VIIh, VIIj and VIIk |
| Type(s) of fishing vessels | — |
| Reference number | 72/TQ43 |

Date and time of closure

24.10.2014

Duration

24.10.2014-31.12.2014

Member State

Ireland

Stock or Group of stocks

PLE/7HJK.

Species

Plaice (Pleuronectes platessa)

Zone

VIIh, VIIj and VIIk

Type(s) of fishing vessels

—

Reference number

72/TQ43

---

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 3.12.2014 | EN | Official Journal of the European Union | C 433/8 |
| --- | --- | --- | --- |

3.12.2014

EN

Official Journal of the European Union

C 433/8

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Notice of initiation of an absorption investigation concerning imports of certain stainless steel wires originating in India

(2014/C 433/05)

The European Commission (‘the Commission’) has received a request pursuant to Article 12 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), to investigate whether the anti-dumping measures imposed on imports of Certain Stainless Steel Wires, originating in India, have had an effect on export prices, resale prices or subsequent selling prices in the Union.

1.   Request for an absorption investigation

The request was lodged on 21 October 2014 by the European Confederation of Iron and Steel Industries — ‘Eurofer’ (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of certain stainless steel wire.

2.   Product under investigation

The product under investigation is defined as stainless steel wires containing by weight:

| — | 2,5 % or more of nickel, other than wire containing by weight 28 % or more but not more than 31 % of nickel and 20 % or more but not more than 22 % of chromium, |
| --- | --- |

—

2,5 % or more of nickel, other than wire containing by weight 28 % or more but not more than 31 % of nickel and 20 % or more but not more than 22 % of chromium,

| — | less than 2,5 % of nickel, other than wire containing by weight 13 % or more but not more than 25 % of chromium and 3,5 % or more but not more than 6 % of aluminium, |
| --- | --- |

—

less than 2,5 % of nickel, other than wire containing by weight 13 % or more but not more than 25 % of chromium and 3,5 % or more but not more than 6 % of aluminium,

originating in India (‘the product under investigation’), currently falling within CN codes 7223 00 19 and 7223 00 99

3.   Existing Measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EU) No 1106/2013 (2).

4.   Grounds for an absorption investigation

The applicant has submitted sufficient evidence showing that after the original investigation period and prior to and following the imposition of the anti-dumping duties on imports of the product under investigation, export prices have decreased and there has been insufficient movement in resale prices or subsequent selling prices in the Union. This has resulted in an increased dumping margin which has impeded the intended remedial effects of the measures in force. The evidence contained in the request indicates that the decrease in prices cannot be explained by changes in raw material prices, energy costs, labour costs, duty rates or exchange rates.

Furthermore, the applicant has provided evidence showing that imports of the product under investigation have continued to enter the Union in significant volumes.

5.   Procedure

Having determined, after informing the Member States, that the request has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of an absorption investigation, the Commission hereby initiates an absorption investigation pursuant to Article 12 of the basic Regulation.

5.1.   
  Investigating exporting producers

5.1.1.   Procedure for selecting exporting producers to be investigated in India

(a)   Sampling

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

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with information on their company(ies) requested in Annex I to this Notice. Within the same deadline, these parties have to inform the Commission whether they request a revision of the normal value under Article 12(5) of the basic Regulation. Where the absorption investigation involves a re-examination of normal values, imports may be made subject to registration in accordance with Article 14(5) of the basic Regulation pending the outcome of the reinvestigation.

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

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

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

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

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified. Parties which requested a revision of the normal value and were selected to be in the sample will have to provide, within the same deadline, complete information on normal values, duly substantiated by evidence.

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.   
  Investigating unrelated importers

   (3)

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

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

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

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

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

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

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

5.3.   
  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.

5.4.   
  Possibility to be heard by the Commission investigation services

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

5.5.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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’ (4).

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

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| Rue de la Loi/Wetstraat 170 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: TRADE-SSW-R610-ABSORPTION@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

Rue de la Loi/Wetstraat 170

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: TRADE-SSW-R610-ABSORPTION@ec.europa.eu

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the absorption of the measures in force.

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/commission_2010-2014/degucht/contact/hearing-officer/

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 12 of the basic Regulation within 9 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 (5).

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

(2)  OJ L 298, 8.11.2013, p. 1.

(3)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

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

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ANNEX I

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ANNEX II

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 3.12.2014 | EN | Official Journal of the European Union | C 433/17 |
| --- | --- | --- | --- |

3.12.2014

EN

Official Journal of the European Union

C 433/17

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Prior notification of a concentration

(Case M.7460 — Scholz Recycling/Thyssen Alfa Rohstoffhandel/Noris Metallrecycling JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 433/06)

| 1. | On 21 November 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Scholz Recycling GmbH (‘Scholz Recycling’ of Germany) and Thyssen ALFA Rohstoffhandel München GmbH (‘Thyssen ALFA Rohstoffhandel’ of Germany) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Noris Metallrecycling GmbH (‘Noris Metallrecycling’ of Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 21 November 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Scholz Recycling GmbH (‘Scholz Recycling’ of Germany) and Thyssen ALFA Rohstoffhandel München GmbH (‘Thyssen ALFA Rohstoffhandel’ of Germany) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Noris Metallrecycling GmbH (‘Noris Metallrecycling’ of Germany) by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for Scholz Recycling: active in the collection, processing and trading of ferrous and non-ferrous scrap and steel.
  —   for Thyssen ALFA Rohstoffhandel: active in the recycling and trading of secondary raw materials for steel plants and foundries.
  —   for Noris Metallrecycling: will be active in the collection, processing and trading of non-ferrous and iron-nickel alloy scrap. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Scholz Recycling: active in the collection, processing and trading of ferrous and non-ferrous scrap and steel.

—   for Thyssen ALFA Rohstoffhandel: active in the recycling and trading of secondary raw materials for steel plants and foundries.

—   for Noris Metallrecycling: will be active in the collection, processing and trading of non-ferrous and iron-nickel alloy scrap.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7460 — Scholz Recycling/Thyssen Alfa Rohstoffhandel/Noris Metallrecycling JV, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7460 — Scholz Recycling/Thyssen Alfa Rohstoffhandel/Noris Metallrecycling JV, 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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