# Official Journal C 192/6 Au

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 192 |
| | |
| English edition | Information and Notices | Volume 486 August 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 192

English edition

Information and Notices

Volume 486 August 2005

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 192/1 | Euro exchange rates | 1 |
| 2005/C 192/2 | Notice of the expiry of certain anti-dumping measures | 2 |
| 2005/C 192/3 | Notice of initiation of an anti-dumping proceeding concerning imports of recordable compact disks (CD-Rs) originating in the People's Republic of China, Hong Kong and Malaysia | 3 |
| 2005/C 192/4 | Commission communication in the framework of the implementation of the European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts (
  1
  ) | 8 |
| 2005/C 192/5 | Commission communication in the framework of the implementation of the Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (
  1
  ) | 10 |
| 2005/C 192/6 | Prior notification of a concentration (Case COMP/M.3907 — Bertelsmann/Channel 5) — Candidate case for simplified procedure (
  1
  ) | 11 |
| 2005/C 192/7 | Notice of initiation of an anti-dumping proceeding concerning imports of recordable digital versatile discs (DVD+/-R) originating in the People's Republic of China, Hong Kong and Taiwan (This text replaces the one published in Official Journal C 191 of 5 August 2005, p. 11) | 12 |
| 2005/C 192/8 | Prior notification of a concentration (Case COMP/M.3926 — Spohn Cement/HeidelbergCement) — Candidate case for simplified procedure (
  1
  ) | 17 |

Notice No

Contents

page

I   Information

Commission

2005/C 192/1

Euro exchange rates

1

2005/C 192/2

Notice of the expiry of certain anti-dumping measures

2

2005/C 192/3

Notice of initiation of an anti-dumping proceeding concerning imports of recordable compact disks (CD-Rs) originating in the People's Republic of China, Hong Kong and Malaysia

3

2005/C 192/4

Commission communication in the framework of the implementation of the European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts (
  1
  )

1

8

2005/C 192/5

Commission communication in the framework of the implementation of the Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (
  1
  )

1

10

2005/C 192/6

Prior notification of a concentration (Case COMP/M.3907 — Bertelsmann/Channel 5) — Candidate case for simplified procedure (
  1
  )

1

11

2005/C 192/7

Notice of initiation of an anti-dumping proceeding concerning imports of recordable digital versatile discs (DVD+/-R) originating in the People's Republic of China, Hong Kong and Taiwan (This text replaces the one published in Official Journal C 191 of 5 August 2005, p. 11)

(This text replaces the one published in Official Journal C 191 of 5 August 2005, p. 11)

12

2005/C 192/8

Prior notification of a concentration (Case COMP/M.3926 — Spohn Cement/HeidelbergCement) — 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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I Information

Commission

| 6.8.2005 | EN | Official Journal of the European Union | C 192/1 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/1

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Euro exchange rates (1)

5 August 2005

(2005/C 192/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2386 |
| JPY | Japanese yen | 138,13 |
| DKK | Danish krone | 7,4616 |
| GBP | Pound sterling | 0,69560 |
| SEK | Swedish krona | 9,3338 |
| CHF | Swiss franc | 1,5593 |
| ISK | Iceland króna | 78,48 |
| NOK | Norwegian krone | 7,8955 |
| BGN | Bulgarian lev | 1,9556 |
| CYP | Cyprus pound | 0,5736 |
| CZK | Czech koruna | 29,759 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 244,09 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0767 |
| RON | Romanian leu | 3,4413 |
| SIT | Slovenian tolar | 239,53 |
| SKK | Slovak koruna | 38,650 |
| TRY | Turkish lira | 1,6300 |
| AUD | Australian dollar | 1,6069 |
| CAD | Canadian dollar | 1,5100 |
| HKD | Hong Kong dollar | 9,6262 |
| NZD | New Zealand dollar | 1,7879 |
| SGD | Singapore dollar | 2,0467 |
| KRW | South Korean won | 1 255,88 |
| ZAR | South African rand | 7,9645 |
| CNY | Chinese yuan renminbi | 10,0372 |
| HRK | Croatian kuna | 7,3599 |
| IDR | Indonesian rupiah | 12 070,16 |
| MYR | Malaysian ringgit | 4,646 |
| PHP | Philippine peso | 69,207 |
| RUB | Russian rouble | 35,1730 |
| THB | Thai baht | 51,028 |

Currency

Exchange rate

USD

US dollar

1,2386

JPY

Japanese yen

138,13

DKK

Danish krone

7,4616

GBP

Pound sterling

0,69560

SEK

Swedish krona

9,3338

CHF

Swiss franc

1,5593

ISK

Iceland króna

78,48

NOK

Norwegian krone

7,8955

BGN

Bulgarian lev

1,9556

CYP

Cyprus pound

0,5736

CZK

Czech koruna

29,759

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

244,09

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0767

RON

Romanian leu

3,4413

SIT

Slovenian tolar

239,53

SKK

Slovak koruna

38,650

TRY

Turkish lira

1,6300

AUD

Australian dollar

1,6069

CAD

Canadian dollar

1,5100

HKD

Hong Kong dollar

9,6262

NZD

New Zealand dollar

1,7879

SGD

Singapore dollar

2,0467

KRW

South Korean won

1 255,88

ZAR

South African rand

7,9645

CNY

Chinese yuan renminbi

10,0372

HRK

Croatian kuna

7,3599

IDR

Indonesian rupiah

12 070,16

MYR

Malaysian ringgit

4,646

PHP

Philippine peso

69,207

RUB

Russian rouble

35,1730

THB

Thai baht

51,028

---

(1)

Source: reference exchange rate published by the ECB.

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| 6.8.2005 | EN | Official Journal of the European Union | C 192/2 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/2

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Notice of the expiry of certain anti-dumping measures

(2005/C 192/02)

Further to the publication of a notice of impending expiry (1), following which no request for a review was received, the Commission gives notice that the anti-dumping measures mentioned below will shortly expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (2) on protection against dumped imports from countries not members of the European Community.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Hot-rolled flat products of non-alloy steel | People's Republic of China
  India
  Romania | Anti-dumping duty | Commission Decision No 1758/2000/ECSC (OJ L 202, 10.8.2000, p. 21) as last amended by Commission Decision No 979/2002/ECSC (OJ L 150, 8.6.2002, p. 36) | 11.8.2005 |
| India | Undertaking |
| Malleable cast iron tube or pipe fittings | Brazil
  Japan
  People's Republic of China
  Republic of Korea
  Thailand | Anti-dumping duty | Council Regulation (EC) No 1784/2000 (OJ L 208, 18.8.2000, p. 8) (extended as concerns Brazil to imports consigned from Argentina by Council Regulation (EC) No 1023/2003 — OJ L 149, 17.6.2003, p. 1) as last amended by Regulation (EC) No 824/2004 (OJ L 127, 29.4.2004, p. 10) | 19.8.2005 |
| Republic of Korea
  Thailand | Undertakings | Commission Decision No 2000/523/EC (OJ L 208, 18.8.2000, p. 53) | 19.8.2005 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Hot-rolled flat products of non-alloy steel

People's Republic of China

India

Romania

Anti-dumping duty

Commission Decision No 1758/2000/ECSC (OJ L 202, 10.8.2000, p. 21) as last amended by Commission Decision No 979/2002/ECSC (OJ L 150, 8.6.2002, p. 36)

11.8.2005

India

Undertaking

Malleable cast iron tube or pipe fittings

Brazil

Japan

People's Republic of China

Republic of Korea

Thailand

Anti-dumping duty

Council Regulation (EC) No 1784/2000 (OJ L 208, 18.8.2000, p. 8) (extended as concerns Brazil to imports consigned from Argentina by Council Regulation (EC) No 1023/2003 — OJ L 149, 17.6.2003, p. 1) as last amended by Regulation (EC) No 824/2004 (OJ L 127, 29.4.2004, p. 10)

19.8.2005

Republic of Korea

Thailand

Undertakings

Commission Decision No 2000/523/EC (OJ L 208, 18.8.2000, p. 53)

19.8.2005

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(1)  OJ C 305, 9.12.2004, p. 5

(2)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12)

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| 6.8.2005 | EN | Official Journal of the European Union | C 192/3 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/3

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Notice of initiation of an anti-dumping proceeding concerning imports of recordable compact disks (CD-Rs) originating in the People's Republic of China, Hong Kong and Malaysia

(2005/C 192/03)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of recordable compact disks (CD-Rs), originating in the People's Republic of China, Hong Kong and Malaysia (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 24 June 2005 by CECMA (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 60 %, of the total Community production of CD-Rs.

2.   Product

The product allegedly being dumped is recordable compact disks (CD-Rs) originating in the People's Republic of China, Hong Kong and Malaysia (‘the product concerned’), normally declared within CN code ex 8523 90 00 (Taric 8523900010). This CN code is only given for information.

3.   Allegation of dumping

The allegation of dumping for Hong Kong and Malaysia is based, in the absence of sufficient sales in the domestic market, on a comparison of a constructed normal value with the export prices of the product concerned when sold for export to the Community.

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

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

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from the People's Republic of China, Hong Kong and Malaysia have increased overall in absolute terms and in terms of market share.

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

5.   Procedure

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

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the People's Republic of China, Hong Kong and Malaysia is being dumped and whether this dumping has caused injury.

(a)   Sampling

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

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

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

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

—

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

| — | the turnover in local currency and the volume in units of the product concerned sold for export to the Community during the 1 July 2004 to 30 June 2005, |
| --- | --- |

—

the turnover in local currency and the volume in units of the product concerned sold for export to the Community during the 1 July 2004 to 30 June 2005,

| — | the turnover in local currency and the sales volume in units for the product concerned on the domestic market during the period 1 July 2004 to 30 June 2005, |
| --- | --- |

—

the turnover in local currency and the sales volume in units for the product concerned on the domestic market during the period 1 July 2004 to 30 June 2005,

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

(ii)   Sampling for importers

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

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

—

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

| — | the total turnover in euro of the company during the period 1 July 2004 to 30 June 2005, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 July 2004 to 30 June 2005,

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

—

the total number of employees,

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

—

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

| — | the volume in units and value in euro of imports into and resales made in the Community market during the period 1 July 2004 to 30 June 2005 of the imported product concerned originating in the People's Republic of China, Hong Kong and Malaysia, |
| --- | --- |

—

the volume in units and value in euro of imports into and resales made in the Community market during the period 1 July 2004 to 30 June 2005 of the imported product concerned originating in the People's Republic of China, Hong Kong and Malaysia,

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

—

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

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

—

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

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

—

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

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

(iii)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

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

(i)   Exporters/producers in Malaysia

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

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

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

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

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

(e)   Market economy status

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

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

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

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

(i)

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

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

(ii)

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

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

(iii)

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

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

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

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

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

7.   Written submissions, questionnaire replies and correspondence

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate B |
| Office: J-79 5/16 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05. |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax (32-2) 295 65 05.

8.   Non-cooperation

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

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

9.   Schedule of the investigation

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

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(1)  OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p.12).

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

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

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

---

| 6.8.2005 | EN | Official Journal of the European Union | C 192/8 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/8

---

Commission communication in the framework of the implementation of the European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts

(2005/C 192/04)

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

| ESO (1) | Reference and title of the harmonised standard
  (and reference document) | First publication OJ | Reference of superseded standard | Date of cessation of presumption of conformity of superseded standard
  Note 1 |
| --- | --- | --- | --- | --- |
| CEN | EN 81-1:1998
  Safety rules for the construction and installation of lifts — Part 1: Electric lifts | 31.3.1999 | — | |
| EN 81-1:1998/A2:2004 | This is the first publication | Note 3 | This date of publication |
| EN 81-1:1998/AC:1999 | | | |
| CEN | EN 81-2:1998
  Safety rules for the construction and installation of lifts — Part 2: Hydraulic lifts | 31.3.1999 | — | |
| EN 81-2:1998/A2:2004 | This is the first publication | Note 3 | This date of publication |
| EN 81-2:1998/AC:1999 | | | |
| CEN | EN 81-28:2003
  Safety rules for the construction and installation of lifts — Lifts for the transport of persons and goods — Part 28: Remote alarm on passenger and goods passenger lifts | 10.2.2004 | — | |
| CEN | EN 81-58:2003
  Safety rules for the construction and installation of lifts — Examination and tests — Part 58: Landing doors fire resistance test | 10.2.2004 | — | |
| CEN | EN 81-70:2003
  Safety rules for the construction and installations of lifts — Particular applications for passenger and good passengers lifts — Part 70: Accessibility to lifts for persons including persons with disability | This is the first publication | — | |
| EN 81-70:2003/A1:2004 | This is the first publication | | |
| CEN | EN 81-72:2003
  Safety rules for the construction and installation of lifts — Particular applications for passenger and goods passenger lifts — Part 72: Firefighters lifts | 10.2.2004 | — | |
| CEN | EN 12016:2004
  Electromagnetic compatibility — Product family standard for lifts, escalators and moving walks — Immunity | This is the first publication | EN 12016:1998 | 30.6.2006 |
| CEN | EN 12385-5:2002
  Steel wire ropes — Safety — Part 5: Stranded ropes for lifts | This is the first publication | — | |
| CEN | EN 13015:2001
  Maintenance for lifts and escalators — Rules for maintenance instructions | 10.2.2004 | — | |

ESO (1)

Reference and title of the harmonised standard

(and reference document)

First publication OJ

Reference of superseded standard

Date of cessation of presumption of conformity of superseded standard

Note 1

CEN

EN 81-1:1998

Safety rules for the construction and installation of lifts — Part 1: Electric lifts

31.3.1999

—

EN 81-1:1998/A2:2004

This is the first publication

Note 3

This date of publication

EN 81-1:1998/AC:1999

CEN

EN 81-2:1998

Safety rules for the construction and installation of lifts — Part 2: Hydraulic lifts

31.3.1999

—

EN 81-2:1998/A2:2004

This is the first publication

Note 3

This date of publication

EN 81-2:1998/AC:1999

CEN

EN 81-28:2003

Safety rules for the construction and installation of lifts — Lifts for the transport of persons and goods — Part 28: Remote alarm on passenger and goods passenger lifts

10.2.2004

—

CEN

EN 81-58:2003

Safety rules for the construction and installation of lifts — Examination and tests — Part 58: Landing doors fire resistance test

10.2.2004

—

CEN

EN 81-70:2003

Safety rules for the construction and installations of lifts — Particular applications for passenger and good passengers lifts — Part 70: Accessibility to lifts for persons including persons with disability

This is the first publication

—

EN 81-70:2003/A1:2004

This is the first publication

CEN

EN 81-72:2003

Safety rules for the construction and installation of lifts — Particular applications for passenger and goods passenger lifts — Part 72: Firefighters lifts

10.2.2004

—

CEN

EN 12016:2004

Electromagnetic compatibility — Product family standard for lifts, escalators and moving walks — Immunity

This is the first publication

EN 12016:1998

30.6.2006

CEN

EN 12385-5:2002

Steel wire ropes — Safety — Part 5: Stranded ropes for lifts

This is the first publication

—

CEN

EN 13015:2001

Maintenance for lifts and escalators — Rules for maintenance instructions

10.2.2004

—

| Note 1 | Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise. |
| --- | --- |

Note 1

Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.

| Note 3 | In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive. |
| --- | --- |

Note 3

In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 3) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive.

NOTE:

| — | Any information concerning the availability of the standards can be obtained either from the European Standardisation Organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC (2) of the European Parliament and Council amended by the Directive 98/48/EC (3). |
| --- | --- |

—

Any information concerning the availability of the standards can be obtained either from the European Standardisation Organisations or from the national standardisation bodies of which the list is annexed to the Directive 98/34/EC (2) of the European Parliament and Council amended by the Directive 98/48/EC (3).

| — | Publication of the references in the Official Journal of the European Union does not imply that the standards are available in all the Community languages. |
| --- | --- |

—

Publication of the references in the Official Journal of the European Union does not imply that the standards are available in all the Community languages.

| — | This list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures the updating of this list. |
| --- | --- |

—

This list replaces all the previous lists published in the Official Journal of the European Union. The Commission ensures the updating of this list.

More information about harmonised standards on the Internet at

http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/

---

(1)  ESO: European Standardisation Organisation:

| — | CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be) |
| --- | --- |

—

CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be)

| — | CENELEC: rue de Stassart 35, B-1050 Brussels, Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org) |
| --- | --- |

—

CENELEC: rue de Stassart 35, B-1050 Brussels, Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org)

| — | ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, Tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org) |
| --- | --- |

—

ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, Tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org)

(2)  OJ L 204, 21.7.1998, p.37.

(3)  OJ L 217, 5.8.1998, p. 18.

---

| 6.8.2005 | EN | Official Journal of the European Union | C 192/10 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/10

---

Commission communication in the framework of the implementation of the Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery

(2005/C 192/05)

(Text with EEA relevance)

(Publication of titles and references of harmonized standards under the directive)

| ESO (1) | Reference and title of the harmonised standard
  (and reference document) | Date of first publication OJ | Reference of superseded standard | Date of cessation of presumption of conformity of superseded standard
  Note 1 |
| --- | --- | --- | --- | --- |
| CENELEC | EN 50338:2000/A1:2003
  Safety of household and similar electrical appliances — Particular requirements for pedestrian controlled battery powered electrical lawnmowers — Amendment A1:2003 | This is the first publication | Note 3 | 1.9.2006 |
| CENELEC | EN 60335-1:2002/A11:2004
  Household and similar electrical appliances — Safety — Part 1: General requirements (IEC 60335-1:2001 (Modified)) — Amendment A11:2004
  Note 4 | This is the first publication | Note 3 | 1.10.2006 |
| CENELEC | EN 60335-2-91:2003
  Household and similar electrical appliances — Safety — Part 2-91: Particular requirements for walk-behind and hand-held lawn trimmers and lawn edge trimmers
  (IEC 60335-2-91:2002 (Modified)) | This is the first publication | — | — |
| CENELEC | EN 61496-1:2004
  Safety of machinery — Electro-sensitive protective equipment — Part 1: General requirements and tests
  (IEC 61496-1:2004 (Modified)) | This is the first publication | EN 61496-1:1997
  Note 2.1 | 1.4.2007 |

ESO (1)

Reference and title of the harmonised standard

(and reference document)

Date of first publication OJ

Reference of superseded standard

Date of cessation of presumption of conformity of superseded standard

Note 1

CENELEC

EN 50338:2000/A1:2003

Safety of household and similar electrical appliances — Particular requirements for pedestrian controlled battery powered electrical lawnmowers — Amendment A1:2003

This is the first publication

Note 3

1.9.2006

CENELEC

EN 60335-1:2002/A11:2004

Household and similar electrical appliances — Safety — Part 1: General requirements (IEC 60335-1:2001 (Modified)) — Amendment A11:2004

Note 4

This is the first publication

Note 3

1.10.2006

CENELEC

EN 60335-2-91:2003

Household and similar electrical appliances — Safety — Part 2-91: Particular requirements for walk-behind and hand-held lawn trimmers and lawn edge trimmers

(IEC 60335-2-91:2002 (Modified))

This is the first publication

—

—

CENELEC

EN 61496-1:2004

Safety of machinery — Electro-sensitive protective equipment — Part 1: General requirements and tests

(IEC 61496-1:2004 (Modified))

This is the first publication

EN 61496-1:1997

Note 2.1

1.4.2007

| Note 1: | Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise. |
| --- | --- |

Note 1:

Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standardisation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.

| Note 2.1: | The new (or amended) standard has the same scope as the superseded standard. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive. |
| --- | --- |

Note 2.1:

The new (or amended) standard has the same scope as the superseded standard. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive.

| Note 3: | In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 4) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive. |
| --- | --- |

Note 3:

In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if any, and the new, quoted amendment. The superseded standard (column 4) therefore consists of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment. On the date stated, the superseded standard ceases to give presumption of conformity with the essential requirements of the directive.

| Note 4: | Presumption of conformity for a product is achieved by complying with the requirements of Part 1 and the relevant Part 2 when this Part 2 is also listed in the OJ under Directive 98/37/EC. |
| --- | --- |

Note 4:

Presumption of conformity for a product is achieved by complying with the requirements of Part 1 and the relevant Part 2 when this Part 2 is also listed in the OJ under Directive 98/37/EC.

---

(1)  European Standardisation Organisation:

| — | CEN: rue de Stassart/De Stassartstraat 36, B-1050 Brussels, tel: (32-2) 550 08 11, fax: (32-2) 550 08 19 (http://www.cenorm.be) |
| --- | --- |

—

CEN: rue de Stassart/De Stassartstraat 36, B-1050 Brussels, tel: (32-2) 550 08 11, fax: (32-2) 550 08 19 (http://www.cenorm.be)

| — | CENELEC: rue de Stassart/De Stassartstraat 35, B-1050 Brussels, tel: (32-2) 519 68 71, fax: (32-2) 519 69 19 (http://www.cenelec.org) |
| --- | --- |

—

CENELEC: rue de Stassart/De Stassartstraat 35, B-1050 Brussels, tel: (32-2) 519 68 71, fax: (32-2) 519 69 19 (http://www.cenelec.org)

| — | ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel: (33) 492 94 42 12, fax: (33) 493 65 47 16 (http://www.etsi.org) |
| --- | --- |

—

ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel: (33) 492 94 42 12, fax: (33) 493 65 47 16 (http://www.etsi.org)

---

| 6.8.2005 | EN | Official Journal of the European Union | C 192/11 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/11

---

Prior notification of a concentration

(Case COMP/M.3907 — Bertelsmann/Channel 5)

Candidate case for simplified procedure

(2005/C 192/06)

(Text with EEA relevance)

| 1. | On 29 July 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking RTL Group S.A. (‘RTL’), belonging to the Bertelsmann AG group (‘BAG’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Channel 5 Television Group Limited (‘Channel 5’, United Kingdom) by way of purchase of shares. Channel 5 is currently jointly controlled by BAG and United Business Media Group |
| --- | --- |

1.

On 29 July 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking RTL Group S.A. (‘RTL’), belonging to the Bertelsmann AG group (‘BAG’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Channel 5 Television Group Limited (‘Channel 5’, United Kingdom) by way of purchase of shares. Channel 5 is currently jointly controlled by BAG and United Business Media Group

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






  — | for RTL: broadcasting and media group, operating predominantly in the areas of free-access television, television production and radio broadcasting; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for RTL: broadcasting and media group, operating predominantly in the areas of free-access television, television production and radio broadcasting;

| — | for BAG: publication of books and magazines, printing, direct and logistics services, book and music clubs, music, TV and radio broadcasting, content and rights and related services in the media sector; |
| --- | --- |

—

for BAG: publication of books and magazines, printing, direct and logistics services, book and music clubs, music, TV and radio broadcasting, content and rights and related services in the media sector;

| — | for Channel 5: television broadcasting of free-TV, sale of advertising space, acquisition of TV broadcasting rights and operation of an internet portal. |
| --- | --- |

—

for Channel 5: television broadcasting of free-TV, sale of advertising space, acquisition of TV broadcasting rights and operation of an internet portal.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax no (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3907 — Bertelsmann/Channel 5, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax no (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3907 — Bertelsmann/Channel 5, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

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

---

| 6.8.2005 | EN | Official Journal of the European Union | C 192/12 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/12

---

Notice of initiation of an anti-dumping proceeding concerning imports of recordable digital versatile discs (DVD+/-R) originating in the People's Republic of China, Hong Kong and Taiwan

(This text replaces the one published in Official Journal C 191 of 5 August 2005, p. 11)

(2005/C 192/07)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of recordable digital versatile discs (DVD+/-R), originating in the People's Republic of China, Hong Kong and Taiwan (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 24 June 2005 by CECMA (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 60 %, of the total Community production of DVD+/-Rs.

2.   Product

The product allegedly being dumped is recordable digital versatile discs (DVD+/-R) originating in the People's Republic of China, Hong Kong and Taiwan (‘the product concerned’), normally declared within CN code ex 8523 90 00. This CN code is only given for information.

3.   Allegation of dumping

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

The allegation of dumping for Hong Kong is based, in the absence of sufficient sales in the domestic market, on a comparison of a constructed normal value with the export prices of the product concerned when sold for export to the Community.

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

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

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from the People's Republic of China, Hong Kong and Taiwan have increased overall in absolute terms and in terms of market share.

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

5.   Procedure

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

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the People's Republic of China, Hong Kong and Taiwan is being dumped and whether this dumping has caused injury.

(a)   Sampling

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

(i)   Sampling for exporters/producers in the People's Republic of China, Hong Kong and Taiwan

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

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

—

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

| — | the turnover in local currency and the volume in units of the product concerned sold for export to the Community during the period 1 July 2004 to 30 June 2005, |
| --- | --- |

—

the turnover in local currency and the volume in units of the product concerned sold for export to the Community during the period 1 July 2004 to 30 June 2005,

| — | the turnover in local currency and the sales volume in units for the product concerned on the domestic market during the period 1 July 2004 to 30 June 2005, |
| --- | --- |

—

the turnover in local currency and the sales volume in units for the product concerned on the domestic market during the period 1 July 2004 to 30 June 2005,

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

(ii)   Sampling for importers

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

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

—

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

| — | the total turnover in euro of the company during the period 1 July 2004 to 30 June 2005, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 July 2004 to 30 June 2005,

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

—

the total number of employees,

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

—

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

| — | the volume in units and value in euro of imports into and resales made in the Community market during the period 1 July 2004 to 30 June 2005 of the imported product concerned originating in the People's Republic of China, Hong Kong and Taiwan, |
| --- | --- |

—

the volume in units and value in euro of imports into and resales made in the Community market during the period 1 July 2004 to 30 June 2005 of the imported product concerned originating in the People's Republic of China, Hong Kong and Taiwan,

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

—

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

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

—

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

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

—

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

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

(iii)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

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

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

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

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

(e)   Market economy status

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

5.2.   Procedure for assessment of Community interest

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

6.   Time limits

(a)   General time limits

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

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

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

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

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

(i)

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

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

(ii)

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

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

(iii)

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

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

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

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

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

7.   Written submissions, questionnaire replies and correspondence

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate B |
| Office: J-79 5/16 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05. |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax (32-2) 295 65 05.

8.   Non-cooperation

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

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

9.   Schedule of the investigation

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

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(1)  OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

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

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

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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| 6.8.2005 | EN | Official Journal of the European Union | C 192/17 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 192/17

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Prior notification of a concentration

(Case COMP/M.3926 — Spohn Cement/HeidelbergCement)

Candidate case for simplified procedure

(2005/C 192/08)

(Text with EEA relevance)

| 1. | On 1 August 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Spohn Cement GmbH, controlled by Mr Adolf Merckle acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking HeidelbergCement GmbH by way of public bid announced on 28 June 2005. |
| --- | --- |

1.

On 1 August 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Spohn Cement GmbH, controlled by Mr Adolf Merckle acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking HeidelbergCement GmbH by way of public bid announced on 28 June 2005.

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






  — | for A. Merckle/Spohn Cement: Asset management, pharmaceuticals; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for A. Merckle/Spohn Cement: Asset management, pharmaceuticals;

| — | for HeidelbergCement: Cement, plaster, ready-mix concrete. |
| --- | --- |

—

for HeidelbergCement: Cement, plaster, ready-mix concrete.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax no (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3926 — Spohn Cement/HeidelbergCement, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax no (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3926 — Spohn Cement/HeidelbergCement, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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

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