# Official Journal C 291/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.291.eng |
| --- | --- |
| Official Journal
  of the European Union | C 291 |
| | |
| English edition | Information and Notices | Volume 544 October 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.291.eng

Official Journal

of the European Union

C 291

English edition

Information and Notices

Volume 544 October 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 291/01 | Interest rate applied by the European Central Bank to its main refinancing operations: 1,50 % on 1 October 2011 — Euro exchange rates | 1 |
| 2011/C 291/02 | Commission Decision of 3 September 2011 setting up a Commission stakeholder expert group on public procurement and replacing Decision 87/305/EEC setting up an advisory committee on the opening-up of public procurement (
  1
  ) | 2 |
| 2011/C 291/03 | New national side of euro coins intended for circulation | 5 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 291/01

Interest rate applied by the European Central Bank to its main refinancing operations: 1,50 % on 1 October 2011 — Euro exchange rates

1

2011/C 291/02

Commission Decision of 3 September 2011 setting up a Commission stakeholder expert group on public procurement and replacing Decision 87/305/EEC setting up an advisory committee on the opening-up of public procurement (
  1
  )

1

2

2011/C 291/03

New national side of euro coins intended for circulation

5

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2011/C 291/04 | Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China | 6 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 291/05 | Prior notification of a concentration (Case COMP/M.6350 — Siemens/NEM Holding) (
  1
  ) | 9 |
| 2011/C 291/06 | Prior notification of a concentration (Case COMP/M.6395 — Etex/Lafarge gypsum assets) (
  1
  ) | 10 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2011/C 291/04

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China

6

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 291/05

Prior notification of a concentration (Case COMP/M.6350 — Siemens/NEM Holding) (
  1
  )

1

9

2011/C 291/06

Prior notification of a concentration (Case COMP/M.6395 — Etex/Lafarge gypsum assets) (
  1
  )

1

10

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

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(1)   Text with EEA relevance

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 4.10.2011 | EN | Official Journal of the European Union | C 291/1 |
| --- | --- | --- | --- |

4.10.2011

EN

Official Journal of the European Union

C 291/1

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

1,50 % on 1 October 2011

Euro exchange rates (2)

3 October 2011

2011/C 291/01

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3327 |
| JPY | Japanese yen | 102,39 |
| DKK | Danish krone | 7,4423 |
| GBP | Pound sterling | 0,85960 |
| SEK | Swedish krona | 9,1592 |
| CHF | Swiss franc | 1,2140 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8260 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,878 |
| HUF | Hungarian forint | 294,50 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7092 |
| PLN | Polish zloty | 4,3815 |
| RON | Romanian leu | 4,3001 |
| TRY | Turkish lira | 2,4885 |
| AUD | Australian dollar | 1,3838 |
| CAD | Canadian dollar | 1,3967 |
| HKD | Hong Kong dollar | 10,3801 |
| NZD | New Zealand dollar | 1,7516 |
| SGD | Singapore dollar | 1,7488 |
| KRW | South Korean won | 1 574,50 |
| ZAR | South African rand | 10,8153 |
| CNY | Chinese yuan renminbi | 8,4973 |
| HRK | Croatian kuna | 7,5038 |
| IDR | Indonesian rupiah | 11 857,04 |
| MYR | Malaysian ringgit | 4,2753 |
| PHP | Philippine peso | 58,610 |
| RUB | Russian rouble | 43,2470 |
| THB | Thai baht | 41,594 |
| BRL | Brazilian real | 2,5224 |
| MXN | Mexican peso | 18,5179 |
| INR | Indian rupee | 65,5160 |

Currency

Exchange rate

USD

US dollar

1,3327

JPY

Japanese yen

102,39

DKK

Danish krone

7,4423

GBP

Pound sterling

0,85960

SEK

Swedish krona

9,1592

CHF

Swiss franc

1,2140

ISK

Iceland króna

NOK

Norwegian krone

7,8260

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,878

HUF

Hungarian forint

294,50

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7092

PLN

Polish zloty

4,3815

RON

Romanian leu

4,3001

TRY

Turkish lira

2,4885

AUD

Australian dollar

1,3838

CAD

Canadian dollar

1,3967

HKD

Hong Kong dollar

10,3801

NZD

New Zealand dollar

1,7516

SGD

Singapore dollar

1,7488

KRW

South Korean won

1 574,50

ZAR

South African rand

10,8153

CNY

Chinese yuan renminbi

8,4973

HRK

Croatian kuna

7,5038

IDR

Indonesian rupiah

11 857,04

MYR

Malaysian ringgit

4,2753

PHP

Philippine peso

58,610

RUB

Russian rouble

43,2470

THB

Thai baht

41,594

BRL

Brazilian real

2,5224

MXN

Mexican peso

18,5179

INR

Indian rupee

65,5160

---

(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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| 4.10.2011 | EN | Official Journal of the European Union | C 291/2 |
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4.10.2011

EN

Official Journal of the European Union

C 291/2

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COMMISSION DECISION

of 3 September 2011

setting up a Commission stakeholder expert group on public procurement and replacing Decision 87/305/EEC setting up an advisory committee on the opening-up of public procurement

(Text with EEA relevance)

2011/C 291/02

THE COMMISSION OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

| (1) | The Europe 2020 strategy stresses that public procurement policy should ensure the most efficient use of public funds, keep procurement markets open Union wide, especially in the context of severe budgetary constraints and economic difficulties in many Member States. |
| --- | --- |

(1)

The Europe 2020 strategy stresses that public procurement policy should ensure the most efficient use of public funds, keep procurement markets open Union wide, especially in the context of severe budgetary constraints and economic difficulties in many Member States.

| (2) | The Europe 2020 strategy underlines that public procurement rules should improve the business environment, especially with respect to innovative small and medium sized enterprises in order to support the shift towards a resource efficient economy. Public procurement policy should also contribute to the achievement of common societal goals, including the fight against climate change and the promotion of innovation, which are important new challenges facing Europe. |
| --- | --- |

(2)

The Europe 2020 strategy underlines that public procurement rules should improve the business environment, especially with respect to innovative small and medium sized enterprises in order to support the shift towards a resource efficient economy. Public procurement policy should also contribute to the achievement of common societal goals, including the fight against climate change and the promotion of innovation, which are important new challenges facing Europe.

| (3) | Within this context, the framework created by Commission Decision 87/305/EEC, of 26 May 1987, setting up an advisory committee on the opening-up of public procurement (1), is no longer suitable for providing the Commission with the expertise and practical input needed in order to shape a public procurement policy which meets the evolving challenges of the Union's public procurement policy. |
| --- | --- |

(3)

Within this context, the framework created by Commission Decision 87/305/EEC, of 26 May 1987, setting up an advisory committee on the opening-up of public procurement (1), is no longer suitable for providing the Commission with the expertise and practical input needed in order to shape a public procurement policy which meets the evolving challenges of the Union's public procurement policy.

| (4) | It is therefore necessary to set up a group of experts on public procurement within a new legal framework which will allow, on the one hand, to adapt the functioning of the group to the new Commission framework for expert groups (2), and, on the other hand, to provide the Commission with the necessary expertise, experience and insight in order to meet the new challenges in the field of public procurement. |
| --- | --- |

(4)

It is therefore necessary to set up a group of experts on public procurement within a new legal framework which will allow, on the one hand, to adapt the functioning of the group to the new Commission framework for expert groups (2), and, on the other hand, to provide the Commission with the necessary expertise, experience and insight in order to meet the new challenges in the field of public procurement.

| (5) | The group should therefore help the Commission to develop high quality procurement debate and policy. The group shall, where appropriate, prepare reports or issue opinions to help the Commission in developing and implementing Union policy and legislation on public procurement. |
| --- | --- |

(5)

The group should therefore help the Commission to develop high quality procurement debate and policy. The group shall, where appropriate, prepare reports or issue opinions to help the Commission in developing and implementing Union policy and legislation on public procurement.

| (6) | Furthermore, such a forum would also enable the sectors concerned to be informed about the design and application of Union rules on procurement. |
| --- | --- |

(6)

Furthermore, such a forum would also enable the sectors concerned to be informed about the design and application of Union rules on procurement.

| (7) | In view of the above, the group should have a mixed composition of members chosen on the basis of their personal capacity and/or of the interests they represent, and from organisations. Those members should come from different backgrounds including, for instance, legal practitioners, technical experts involved in procurement contracts, academia, industry or trade organisations, associations of contracting authorities or entities. |
| --- | --- |

(7)

In view of the above, the group should have a mixed composition of members chosen on the basis of their personal capacity and/or of the interests they represent, and from organisations. Those members should come from different backgrounds including, for instance, legal practitioners, technical experts involved in procurement contracts, academia, industry or trade organisations, associations of contracting authorities or entities.

| (8) | The composition of the group should be balanced both with regard to gender and geographical origin as far as possible. |
| --- | --- |

(8)

The composition of the group should be balanced both with regard to gender and geographical origin as far as possible.

| (9) | All members should satisfy high standards of active and quality participation during the meetings and in their preparation and follow up if needed. |
| --- | --- |

(9)

All members should satisfy high standards of active and quality participation during the meetings and in their preparation and follow up if needed.

| (10) | Personal data should be processed 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 (3). |
| --- | --- |

(10)

Personal data should be processed 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 (3).

| (11) | Therefore, Decision 87/305/EEC should be repealed, |
| --- | --- |

(11)

Therefore, Decision 87/305/EEC should be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

Commission stakeholder expert group on public procurement

A stakeholder expert group on public procurement (hereinafter referred to as ‘the group’) is hereby set up.

This group replaces the advisory committee on the opening-up of public procurement set up by Decision 87/305/EEC.

Article 2

Tasks of the group

The tasks of the group shall be to provide the Commission with high quality legal, economic, technical and/or practical insight and expertise with a view to assisting it in shaping the public procurement policy of the Union.

Those tasks may involve:

| (a) | providing legal and economic analysis and comments on important developments or structural trends of public procurement, and their implications for the Union policy framework; |
| --- | --- |

(a)

providing legal and economic analysis and comments on important developments or structural trends of public procurement, and their implications for the Union policy framework;

| (b) | providing feedback to the Commission services on the challenges and developments in specific sectors which may require public procurement response and to propose adequate solutions; |
| --- | --- |

(b)

providing feedback to the Commission services on the challenges and developments in specific sectors which may require public procurement response and to propose adequate solutions;

| (c) | providing input aimed at improving the effectiveness of the Union's public procurement policy; |
| --- | --- |

(c)

providing input aimed at improving the effectiveness of the Union's public procurement policy;

| (d) | providing input in the framework of preparatory legislative work of the Commission in the field of public procurement; |
| --- | --- |

(d)

providing input in the framework of preparatory legislative work of the Commission in the field of public procurement;

| (e) | assisting the Commission services in analysing the relevant case law of the Court of Justice of the European Union. |
| --- | --- |

(e)

assisting the Commission services in analysing the relevant case law of the Court of Justice of the European Union.

The opinions of the group shall not be binding on the Commission or its services.

Article 3

Consultation

The Commission or its services may consult the group on any matter relating to the Union's public procurement policy, law and practice.

Article 4

Membership — Appointment

1.   The group shall be composed of a maximum of 20 members.

2.   Members shall be individuals appointed in a personal capacity, individuals representing a common interest, and/or organisations as referred to in Rule 8 of the horizontal rules for Commission expert groups.

3.   All members and their representatives shall satisfy high standards of active and quality participation during the meetings and in their preparation and follow up if needed.

4.   A call for applications shall be published by the services of the Commission with a view to selecting the members of the group.

5.   Members shall be appointed by the Director General of DG Internal Market and Services. Those members shall be chosen from individuals and organisations with competence in the areas referred to in Article 2 and Article 3 and which have responded to the call for applications.

Organisations shall nominate their representatives. The Director General of DG Internal Market and Services may refuse a representative proposed by an organisation on the basis that the representative does not meet the profile required in the call for applications. In such cases, the organisation concerned shall be asked to appoint another representative.

6.   Members are appointed for three years by the Director General of DG MARKT. Their term of office may be renewed for a maximum of three years. The The Director General of DG MARKT shall decide on the renewal of one or several members on the basis of the quality, regularity and relevance of their contributions as defined in Article 3.

Members shall remain in office and active until replaced.

7.   Provision may be made for the same number of alternates as members to be appointed. Alternates shall be appointed in accordance with the same conditions as members; alternates automatically replace any members who are absent or indisposed.

8.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 5 of this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.

9.   Individuals appointed in a personal capacity shall act independently and in the public interest. Individuals appointed to represent a common interest shared by stakeholders shall not represent an individual stakeholder.

10.   The names of individuals appointed in a personal capacity, of individuals representing a common interest, and of organisations, shall be published in the Register of Commission expert groups and other similar entities (‘the Register’). The interests represented by individuals shall also be published in the Register.

Individuals who do not wish to have their names disclosed may apply for a derogation from the obligation of publication set out in the first subparagraph. A derogation shall only be granted if disclosure of the expert's name could endanger his or her security or integrity or unduly prejudice his or her privacy.

11.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001 (4).

Article 5

Operation

1.   The group shall be chaired by a representative of the Commission services.

2.   The group shall act at the request of those services.

3.   The Commission services shall set the Agenda of the meetings in advance. To this effect, those services may take into account suggestions from the members of the group.

4.   The Commission services may decide that the group meets in full or in subgroup(s) which shall be composed of those members whose expertise and/or interests are of specific relevance to the points of the agenda of the specific meeting.

5.   The Commission services may invite experts from outside the group with specific competence in a subject on the agenda to participate in the work of the group on an ad hoc basis. In addition, the Commission services may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries.

6.   All members of the group and their representatives, as well as experts and observers invited for a specific meeting, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (5). Should they fail to respect these obligations, the the Director General of Internal Market may take all appropriate measures.

7.   The meetings of the group or subgroup(s) shall be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group.

8.   The rules of procedure of the group shall be the standard rules of procedure for expert groups, unless the group adopts specific rules.

9.   The Commission shall publish the relevant information on the activities carried out by the group either by including it in the Register or via a link from the Register to a dedicated website.

Article 6

Meeting expenses

1.   Participants in the activities of the group shall not be remunerated for the services they render.

2.   Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.

3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

Article 7

Repeal

Decision 87/305/EEC (6) is repealed.

Done at Brussels, 3 September 2011.

For the Commission

Michel BARNIER

Member of the Commission

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(1)  OJ L 152, 12.6.1987, p. 32. Commission Decision 87/305/EEC of 26 May 1987 setting up an advisory committee on the opening-up of public procurement.

1

(2)  SEC(2010) 1360 final.

2

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

3

(4)  See footnote 3.

4

(5)  SEC(2007) 639 of 25.6.2007.

5

(6)  See footnote 1.

6

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| 4.10.2011 | EN | Official Journal of the European Union | C 291/5 |
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4.10.2011

EN

Official Journal of the European Union

C 291/5

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New national side of euro coins intended for circulation

2011/C 291/03

Image

National side of the new commemorative 2-euro coin intended for circulation and issued by Finland

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), the Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Finland

Subject of commemoration: The 200th anniversary of the Bank of Finland

Description of the design: The centre of the coin shows the Finnish national bird, whooper swan. The swan's wing separates the years ‘1811’ (bottom right) and ‘2011’ (centre left). The letter ‘V’ in the left armpit of the swan stands for the surname of the designer, Hannu Veijalainen. At the bottom of the inner ring, the indication of the issuing country ‘FI’ and the mintmark appear.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: 1,5 million

Date of issue: October 2011

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(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 4.10.2011 | EN | Official Journal of the European Union | C 291/6 |
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4.10.2011

EN

Official Journal of the European Union

C 291/6

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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China

2011/C 291/04

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

1.   Request for a review

The request was lodged by ECN Cable Group SL, an importer from Spain (‘the applicant’).

The review is limited to the examination of the product scope as regards the clarification of whether certain product types fall within the scope of the anti-dumping measures applicable to imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands).

2.   Product

The product under review is not plated or not coated wire of non-alloy steel, wire of non-alloy steel plated or coated with zinc and stranded wire of non-alloy steel whether or not plated or coated with not more than 18 wires, containing by weight 0,6 % or more of carbon, with a maximum cross-sectional dimension exceeding 3 mm, currently falling within CN codes ex 7217 10 90, ex 7217 20 90, ex 7312 10 61, ex 7312 10 65 and ex 7312 10 69 (TARIC codes 7217109010, 7217209010, 7312106111, 7312106191, 7312106511, 7312106591, 7312106911 and 7312106991) and originating in the People’s Republic of China.

3.   Existing measures

The measure currently in force is a definitive anti-dumping duty imposed by Council Regulation (EC) No 383/2009 (2) on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China.

4.   Grounds for the review

The applicant requests the exclusion of certain PSC wires and strands from the scope of the current anti-dumping measure on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China. The product alleged to be excluded is stranded wire consisting of seven wires of non-alloy steel, plated or coated with zinc, containing by weight 0,6 % or more of carbon, with a maximum cross-sectional dimension exceeding 3 mm, and respecting the International Standard IEC 60888 or the European/cenelec Standard UNE-EN 50189.

The applicant provided prima facie evidence demonstrating that the basic physical, technical and chemical characteristics of the product to be excluded differ significantly from those of the product scope subject to the existing measures.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation, limited to the examination of the product scope.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant, to the known exporting producers in the People's Republic of China and to the authorities of that country, to the Union industry, to other known producers in the Union, to known importers and to known users. This information and supporting evidence should reach the Commission within the time limit set in point 6(a).

(b)   Collection of information and holding of hearings

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

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(b).

6.   Time limits

(a)   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 37 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.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 37-day time limit.

7.   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’ (3).

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 confidential information may be disregarded.

Interested parties are requested to make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any Powers of Attorney and signed certifications accompanying questionnaire replies or any updates thereof, shall be submitted on paper, i.e. by post or by hand, at the address below. Pursuant to Article 18(2) of the basic Regulation if an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence/

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/092 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |
| E-mail: TRADE-AD-PSC-WIRES@EC.EUROPA.EU |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

E-mail: TRADE-AD-PSC-WIRES@EC.EUROPA.EU

8.   Non-co-operation

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, provision 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, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, 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 11(5) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

10.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4).

11.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of DG Trade (http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).

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

(2)  OJ L 118, 13.5.2009, p. 1.

(3)  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).

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

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 4.10.2011 | EN | Official Journal of the European Union | C 291/9 |
| --- | --- | --- | --- |

4.10.2011

EN

Official Journal of the European Union

C 291/9

---

Prior notification of a concentration

(Case COMP/M.6350 — Siemens/NEM Holding)

(Text with EEA relevance)

2011/C 291/05

| 1. | On 23 September 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Siemens AG (‘Siemens’, Germany), acquires indirectly, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over NEM Holding (‘NEM’, the Netherlands) by way of purchase of shares and assets. |
| --- | --- |

1.

On 23 September 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Siemens AG (‘Siemens’, Germany), acquires indirectly, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over NEM Holding (‘NEM’, the Netherlands) by way of purchase of shares and assets.

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






  — | for Siemens: the provision of a wide range of products and services to its mainly industrial customers in three business sectors: industry, energy and healthcare, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Siemens: the provision of a wide range of products and services to its mainly industrial customers in three business sectors: industry, energy and healthcare,

| — | for NEM: the design, engineering, supply and servicing of steam generating equipment, including the design, engineering and supply of heat recovery steam generators; also the design, engineering and supply of fired boilers and the supply of certain boiler-related products and services. |
| --- | --- |

—

for NEM: the design, engineering, supply and servicing of steam generating equipment, including the design, engineering and supply of heat recovery steam generators; also the design, engineering and supply of fired boilers and the supply of certain boiler-related products and services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6350 — Siemens/NEM Holding, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 COMP/M.6350 — Siemens/NEM Holding, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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| 4.10.2011 | EN | Official Journal of the European Union | C 291/10 |
| --- | --- | --- | --- |

4.10.2011

EN

Official Journal of the European Union

C 291/10

---

Prior notification of a concentration

(Case COMP/M.6395 — Etex/Lafarge gypsum assets)

(Text with EEA relevance)

2011/C 291/06

| 1. | On 27 September 2011 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Etex Group NV/SA (‘Etex’, Belgium) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of (i) the European entities of the Lafarge Group Gypsum Division in France, Germany, the United Kingdom, Spain, Italy, Poland, Belgium, the Netherlands, Romania, Bosnia, Serbia, Ukraine, Ireland and Cyprus (‘the Lafarge European Entities’) and (ii) the following companies which are currently jointly controlled by Etex and Lafarge SA (France): (i) Durlock SA (Argentina), (ii) Sociedad Industrial Romeral SA (Chile), (iii) Gyplac SA (Colombia) and (iv) Lafarge Gypsum Comércio Indústria e Importação SA (Brazil) (‘the Latam Entities’) by way of purchase of shares and assets. The Lafarge European Entities and the Latam Entities are collectively referred to as the Lafarge gypsum assets. |
| --- | --- |

1.

On 27 September 2011 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Etex Group NV/SA (‘Etex’, Belgium) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of (i) the European entities of the Lafarge Group Gypsum Division in France, Germany, the United Kingdom, Spain, Italy, Poland, Belgium, the Netherlands, Romania, Bosnia, Serbia, Ukraine, Ireland and Cyprus (‘the Lafarge European Entities’) and (ii) the following companies which are currently jointly controlled by Etex and Lafarge SA (France): (i) Durlock SA (Argentina), (ii) Sociedad Industrial Romeral SA (Chile), (iii) Gyplac SA (Colombia) and (iv) Lafarge Gypsum Comércio Indústria e Importação SA (Brazil) (‘the Latam Entities’) by way of purchase of shares and assets. The Lafarge European Entities and the Latam Entities are collectively referred to as the Lafarge gypsum assets.

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






  — | for Etex: the manufacture and sale of building materials and systems, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Etex: the manufacture and sale of building materials and systems,

| — | for Lafarge gypsum assets: the manufacture and sale of gypsum-related systems and solutions. |
| --- | --- |

—

for Lafarge gypsum assets: the manufacture and sale of gypsum-related systems and solutions.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6395 — Etex/Lafarge gypsum assets, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 COMP/M.6395 — Etex/Lafarge gypsum assets, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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