# Official Journal C 266/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 266 |
| | |
| English edition | Information and Notices | Volume 5814 August 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 266

English edition

Information and Notices

Volume 5814 August 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 266/01 | Non-opposition to a notified concentration (Case M.7642 — Banque publique d’investissement/CNIM/Suncnim) (
  1
  ) | 1 |
| 2015/C 266/02 | Non-opposition to a notified concentration (Case M.7589 — RWE/VSE) (
  1
  ) | 1 |
| 2015/C 266/03 | Non-opposition to a notified concentration (Case M.7662 — AXA Konzern/CompuGroup Medical Mobile/DTL) (
  1
  ) | 2 |
| 2015/C 266/04 | Explanatory notes to the Combined Nomenclature of the European Union | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 266/01

Non-opposition to a notified concentration (Case M.7642 — Banque publique d’investissement/CNIM/Suncnim) (
  1
  )

1

1

2015/C 266/02

Non-opposition to a notified concentration (Case M.7589 — RWE/VSE) (
  1
  )

1

1

2015/C 266/03

Non-opposition to a notified concentration (Case M.7662 — AXA Konzern/CompuGroup Medical Mobile/DTL) (
  1
  )

1

2

2015/C 266/04

Explanatory notes to the Combined Nomenclature of the European Union

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 266/05 | Euro exchange rates | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 266/05

Euro exchange rates

3

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2015/C 266/06 | Notice of initiation of an anti-subsidy proceeding concerning imports of European sea bass and gilthead sea bream originating in Turkey | 4 |
| 2015/C 266/07 | Notice of initiation of an anti-dumping proceeding concerning imports of certain ceramic foam filters originating in the People's Republic of China | 14 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 266/08 | Prior notification of a concentration (Case M.7723 — KKR/Reggeborgh/Deutsche Glasfaser) — Candidate case for simplified procedure (
  1
  ) | 25 |
| | OTHER ACTS |
| | European Commission |
| 2015/C 266/09 | Notice for the attention of The Army Of Emigrants And Supporters which was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) 2015/1390 | 26 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2015/C 266/06

Notice of initiation of an anti-subsidy proceeding concerning imports of European sea bass and gilthead sea bream originating in Turkey

4

2015/C 266/07

Notice of initiation of an anti-dumping proceeding concerning imports of certain ceramic foam filters originating in the People's Republic of China

14

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 266/08

Prior notification of a concentration (Case M.7723 — KKR/Reggeborgh/Deutsche Glasfaser) — Candidate case for simplified procedure (
  1
  )

1

25

OTHER ACTS

European Commission

2015/C 266/09

Notice for the attention of The Army Of Emigrants And Supporters which was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) 2015/1390

26

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 14.8.2015 | EN | Official Journal of the European Union | C 266/1 |
| --- | --- | --- | --- |

14.8.2015

EN

Official Journal of the European Union

C 266/1

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Non-opposition to a notified concentration

(Case M.7642 — Banque publique d’investissement/CNIM/Suncnim)

(Text with EEA relevance)

(2015/C 266/01)

On 29 July 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes. |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes.

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7642. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7642. EUR-Lex is the on-line access to European law.

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

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| 14.8.2015 | EN | Official Journal of the European Union | C 266/1 |
| --- | --- | --- | --- |

14.8.2015

EN

Official Journal of the European Union

C 266/1

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Non-opposition to a notified concentration

(Case M.7589 — RWE/VSE)

(Text with EEA relevance)

(2015/C 266/02)

On 28 July 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7589. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7589. EUR-Lex is the online access to European law.

---

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

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| 14.8.2015 | EN | Official Journal of the European Union | C 266/2 |
| --- | --- | --- | --- |

14.8.2015

EN

Official Journal of the European Union

C 266/2

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Non-opposition to a notified concentration

(Case M.7662 — AXA Konzern/CompuGroup Medical Mobile/DTL)

(Text with EEA relevance)

(2015/C 266/03)

On 31 July 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7662. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7662. EUR-Lex is the online access to European law.

---

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

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| 14.8.2015 | EN | Official Journal of the European Union | C 266/2 |
| --- | --- | --- | --- |

14.8.2015

EN

Official Journal of the European Union

C 266/2

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Explanatory notes to the Combined Nomenclature of the European Union

(2015/C 266/04)

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 294:

| 7304 | Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel |
| --- | --- |

7304

Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel

The following text is inserted after the first paragraph:

‘This heading covers also articles which are threaded regardless of the ratio of the threaded part as compared to the overall length of the article (see also the HS Explanatory Note to Chapter 73, General, (1)).’

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 76, 4.3.2015, p. 1.

2

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 14.8.2015 | EN | Official Journal of the European Union | C 266/3 |
| --- | --- | --- | --- |

14.8.2015

EN

Official Journal of the European Union

C 266/3

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Euro exchange rates (1)

13 August 2015

(2015/C 266/05)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1109 |
| JPY | Japanese yen | 138,23 |
| DKK | Danish krone | 7,4631 |
| GBP | Pound sterling | 0,71060 |
| SEK | Swedish krona | 9,4520 |
| CHF | Swiss franc | 1,0849 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0745 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,024 |
| HUF | Hungarian forint | 310,67 |
| PLN | Polish zloty | 4,1882 |
| RON | Romanian leu | 4,4100 |
| TRY | Turkish lira | 3,0993 |
| AUD | Australian dollar | 1,5121 |
| CAD | Canadian dollar | 1,4455 |
| HKD | Hong Kong dollar | 8,6120 |
| NZD | New Zealand dollar | 1,6895 |
| SGD | Singapore dollar | 1,5539 |
| KRW | South Korean won | 1 309,14 |
| ZAR | South African rand | 14,2205 |
| CNY | Chinese yuan renminbi | 7,1078 |
| HRK | Croatian kuna | 7,5475 |
| IDR | Indonesian rupiah | 15 368,89 |
| MYR | Malaysian ringgit | 4,4555 |
| PHP | Philippine peso | 51,312 |
| RUB | Russian rouble | 71,4290 |
| THB | Thai baht | 39,190 |
| BRL | Brazilian real | 3,8793 |
| MXN | Mexican peso | 18,0982 |
| INR | Indian rupee | 72,4630 |

Currency

Exchange rate

USD

US dollar

1,1109

JPY

Japanese yen

138,23

DKK

Danish krone

7,4631

GBP

Pound sterling

0,71060

SEK

Swedish krona

9,4520

CHF

Swiss franc

1,0849

ISK

Iceland króna

NOK

Norwegian krone

9,0745

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,024

HUF

Hungarian forint

310,67

PLN

Polish zloty

4,1882

RON

Romanian leu

4,4100

TRY

Turkish lira

3,0993

AUD

Australian dollar

1,5121

CAD

Canadian dollar

1,4455

HKD

Hong Kong dollar

8,6120

NZD

New Zealand dollar

1,6895

SGD

Singapore dollar

1,5539

KRW

South Korean won

1 309,14

ZAR

South African rand

14,2205

CNY

Chinese yuan renminbi

7,1078

HRK

Croatian kuna

7,5475

IDR

Indonesian rupiah

15 368,89

MYR

Malaysian ringgit

4,4555

PHP

Philippine peso

51,312

RUB

Russian rouble

71,4290

THB

Thai baht

39,190

BRL

Brazilian real

3,8793

MXN

Mexican peso

18,0982

INR

Indian rupee

72,4630

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 14.8.2015 | EN | Official Journal of the European Union | C 266/4 |
| --- | --- | --- | --- |

14.8.2015

EN

Official Journal of the European Union

C 266/4

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Notice of initiation of an anti-subsidy proceeding concerning imports of European sea bass and gilthead sea bream originating in Turkey

(2015/C 266/06)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 10 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of European sea bass (‘sea bass’) and gilthead sea bream (‘sea bream’) originating in Turkey are being subsidised and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 1 July 2015 by APROMAR Asociación Empresarial de Productores de Cultivos Marinos (APROMAR, ‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of European sea bass and gilthead sea bream.

2.   Product under investigation

The product subject to this investigation is European sea bass (Dicentrarchus labrax) and gilthead sea bream (Sparus aurata), fresh, chilled or frozen:

| — | in the form of whole fish (with heads on), whether or not gilled, whether or not gutted, whether scaled or not scaled, or |
| --- | --- |

—

in the form of whole fish (with heads on), whether or not gilled, whether or not gutted, whether scaled or not scaled, or

| — | with heads off, whether or not gilled, whether or not gutted, whether scaled or not scaled, or |
| --- | --- |

—

with heads off, whether or not gilled, whether or not gutted, whether scaled or not scaled, or

| — | in the form of fillets, |
| --- | --- |

—

in the form of fillets,

originating in Turkey (‘the product under investigation’).

3.   Allegation of subsidisation

The product allegedly being subsidised is the product under investigation, originating in Turkey (‘the country concerned’), currently falling within CN codes 0302 84 10, 0302 85 30, 0303 84 10, 0303 89 55, ex 0304 49 90 (TARIC codes 0304499050 and 0304499070) and ex 0304 89 90 (TARIC codes 0304899040 and 0304899060). These codes are given for information only.

The prima facie evidence provided by the complainant shows that the producers of the product under investigation in Turkey benefitted from a number of subsidies granted by the Government of Turkey.

The subsidies consist, inter alia, of:

| — | Direct transfer of funds, for example, direct subsidies granted to sea bass and sea bream farmers, direct subsidies for the organic production of sea bass and sea bream, low-interest investment loans and business loans by Ziraat Bankasi, low-interest investment loans and business loans by agricultural credit cooperatives, agricultural insurance pool and premium support rates, interest support, land allocation. |
| --- | --- |

—

Direct transfer of funds, for example, direct subsidies granted to sea bass and sea bream farmers, direct subsidies for the organic production of sea bass and sea bream, low-interest investment loans and business loans by Ziraat Bankasi, low-interest investment loans and business loans by agricultural credit cooperatives, agricultural insurance pool and premium support rates, interest support, land allocation.

| — | Government revenue that is otherwise due is forgone or not collected, for example: customs duty exemption, VAT exemption, tax reduction, social security premium support (employers’ contribution), income tax support, social security premium support (employees’ contribution). |
| --- | --- |

—

Government revenue that is otherwise due is forgone or not collected, for example: customs duty exemption, VAT exemption, tax reduction, social security premium support (employers’ contribution), income tax support, social security premium support (employees’ contribution).

The Commission reserves the right to investigate other subsidies which may be revealed during the course of the investigation.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of Turkey or other regional governments (including public bodies) and confer a benefit to the recipients. They are alleged to be limited to certain enterprises in the aquaculture and fishery sector and/or to certain regions and are therefore specific and countervailable.

4.   Allegation of injury and causation

The complainant has provided evidence that volume of imports of the product under investigation from Turkey have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.

5.   Procedure

Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 10 of the basic Regulation.

The investigation will determine whether the product under investigation originating in Turkey is being subsidised and whether these subsidised imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

The Government of Turkey has been invited for consultations.

5.1.   
  Investigation period and period considered

The investigation of subsidisation and injury will cover the period from 1 July 2014 to 30 June 2015 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2012 to the end of the investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of subsidisation

Exporting producers (2) of the product under investigation in Turkey and the authorities of Turkey are invited to participate in the Commission investigation.

5.2.1.   Investigating exporting producers

5.2.1.1.   Procedure for selecting exporting producers to be investigated in Turkey

(a)   Sampling

In view of the potentially large number of exporting producers in Turkey involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

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

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

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

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

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

All exporting producers, selected to be in the sample, and the authorities of Turkey will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Without prejudice to the application of Article 28 of the basic Regulation companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section (b) below, the countervailing duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of subsidisation established for the exporting producers in the sample. (3)

(b)   Individual subsidy margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 27(3) of the basic Regulation, that the Commission establish their individual subsidy margins. The exporting producers wishing to claim an individual subsidy margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified.

However, exporting producers claiming an individual subsidy margin should be aware that the Commission may nonetheless decide not to determine their individual subsidy margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.2.2.   Investigating unrelated importers
   (4)
   (5)

Unrelated importers of the product under investigation in Turkey to the Union are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 27 of the basic Regulation.

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

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

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

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

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

5.3.   
  Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the subsidised imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

5.3.1.   Investigating Union producers

In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 27 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.7 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union. All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

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

5.4.   
  Procedure for the assessment of Union interest

Should the existence of subsidisation and injury caused thereby be established, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether the adoption of anti-subsidy measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

5.5.   
  Other written submissions

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

5.6.   
  Possibility to be heard by the Commission investigation services

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

5.7.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (6).

Interested parties providing ‘Limited’ information are required to furnish non- confidential summaries of it pursuant to Article 29(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 invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail SUBSIDY | : | trade-AS-seabass-seabream@ec.europa.eu |
| E-mail INJURY | : | trade-AS-seabass-seabream-injury@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail SUBSIDY

:

trade-AS-seabass-seabream@ec.europa.eu

E-mail INJURY

:

trade-AS-seabass-seabream-injury@ec.europa.eu

6.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 of the basic Regulation.

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

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

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

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to subsidisation, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 11(9) of the basic Regulation within 13 months of the date of the publication of this Notice in the Official Journal of the European Union. In accordance with Article 12(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this Notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7).

---

(1)  OJ L 188, 18.7.2009, p. 93.

(2)  An exporting producer is any company in Turkey which produces and exports the product under investigation to the Union market, either directly or via a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.

(3)  Pursuant to Article 15(3) of the basic Regulation, any zero and de minimis amounts of countervailable subsidies and amounts of countervailable subsidies established in the circumstances referred to in Article 28 of the basic Regulation shall be disregarded.

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

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

(6)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. 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).

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

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ANNEX I

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ANNEX II

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| 14.8.2015 | EN | Official Journal of the European Union | C 266/14 |
| --- | --- | --- | --- |

14.8.2015

EN

Official Journal of the European Union

C 266/14

---

Notice of initiation of an anti-dumping proceeding concerning imports of certain ceramic foam filters originating in the People's Republic of China

(2015/C 266/07)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 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’), alleging that imports of certain ceramic foam filters, originating in the People's Republic of China, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 1 July 2015 by Vesuvius GmbH (‘the complainant’) representing more than 25 % of the total Union production of certain ceramic foam filters.

2.   Product under investigation

The product subject to this investigation is ceramic foam filters characterised by average porosity of up to 60 ppi (pores per inch) and by thermal shock resistance capable of withstanding the change of temperature caused by the passage of molten metal from ambient temperature to a minimum of 1 300 °C and made from ceramic material other than those:

| — | of siliceous fossil meals or of similar siliceous earths or |
| --- | --- |

—

of siliceous fossil meals or of similar siliceous earths or

| — | containing zirconia (zirconium dioxide ZrO2) in quantities greater than fifty percent by weight |
| --- | --- |

—

containing zirconia (zirconium dioxide ZrO2) in quantities greater than fifty percent by weight

(‘the product under investigation’).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People's Republic of China (‘the PRC’ or ‘the country concerned’), currently falling within CN codes ex 6903 10 00, ex 6903 20 10, ex 6903 20 90, ex 6903 90 10, ex 6903 90 90 and ex 6909 19 00. These CN codes are given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the PRC is considered to be a non-market economy country, the complainant has established a normal value for the imports from the PRC on the basis of the price in a market economy third country, namely the United States of America (‘the USA’). The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margin calculated is significant for the country concerned.

4.   Allegation of injury and causation

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.

5.   Procedure

Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union 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.

The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether the dumped imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1.   
  Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 July 2014 to 30 June 2015 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2012 to the end of the investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of dumping

Exporting producers (2) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.2.1.   Investigating exporting producers

5.2.1.1.   Procedure for selecting exporting producers to be investigated in the country concerned

(a)   Sampling

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

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

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

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

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

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

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (3).

(b)   Individual dumping margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation that the Commission establishes their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the non-market economy country who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in section 5.2.2.2 below.

However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

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

5.2.2.1.   Selection of a market economy third country

Subject to the provisions of section 5.2.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the PRC normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The Commission has provisionally chosen the USA. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this Notice in the Official Journal of the European Union. According to the information available to the Commission, there are indications that production of the product under investigation is taking place also in other market economy countries such as, inter alia, Brazil, Canada, Japan and the Republic of Korea. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place.

5.2.2.2.   Treatment of exporting producers in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the non-market economy country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (4) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

The Commission will send MET claim forms to all the exporting producers in the PRC selected to be part of the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the PRC. The Commission will assess only MET claim forms submitted by the exporting producers in the PRC selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.

All exporting producers claiming MET must submit a completed MET claim form within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

5.2.3.   Investigating unrelated importers
   (5)
   (6)

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

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

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

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

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

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

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

5.3.   
  Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

In order to obtain information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to known Union producers or representative Union producers, namely to:

| — | Vesuvius GmbH, |
| --- | --- |

—

Vesuvius GmbH,

| — | Drache Umwelttechnik GmbH, |
| --- | --- |

—

Drache Umwelttechnik GmbH,

| — | Lanik s.r.o, |
| --- | --- |

—

Lanik s.r.o,

| — | Ferro-Term Sp.z.o.o |
| --- | --- |

—

Ferro-Term Sp.z.o.o

and to the known associations of Union producers, namely to:

| — | Industrieverband Giesserei-Chemie e.v, |
| --- | --- |

—

Industrieverband Giesserei-Chemie e.v,

| — | CEMAFON — The European Foundry Equipment Suppliers Association, |
| --- | --- |

—

CEMAFON — The European Foundry Equipment Suppliers Association,

| — | FESA — Foundry Equipment Supplies Association (UK). |
| --- | --- |

—

FESA — Foundry Equipment Supplies Association (UK).

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

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

5.4.   
  Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.5.   
  Other written submissions

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

5.6.   
  Possibility to be heard by the Commission investigation services

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

5.7.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).

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

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: |
| (a) | TRADE-CERAMIC-FOAM-DUMPING@ec.europa.eu to be used by exporting producers, related importers, their associations and representatives of the countries concerned; |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail:

(a)

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

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

(b)

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

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 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. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this Notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

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

(2)  An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.

(3)  Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.

(4)  The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.

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

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

(7)  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).

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

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ANNEX I

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ANNEX II

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 14.8.2015 | EN | Official Journal of the European Union | C 266/25 |
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14.8.2015

EN

Official Journal of the European Union

C 266/25

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Prior notification of a concentration

(Case M.7723 — KKR/Reggeborgh/Deutsche Glasfaser)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 266/08)

| 1. | On 6 August 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKR Co. LP (‘KKR’, United States) and Reggeborgh Invest BV (‘Reggeborgh’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Deutsche Glasfaser Holding GmbH (‘Deutsche Glasfaser’, Germany), by way of purchase of shares. |
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1.

On 6 August 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKR Co. LP (‘KKR’, United States) and Reggeborgh Invest BV (‘Reggeborgh’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Deutsche Glasfaser Holding GmbH (‘Deutsche Glasfaser’, Germany), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for KKR: advice to, and management of, global investment activities,
  —   for Reggeborgh: long term investment activities in various sectors, including telecommunications, construction services, real estate, production and sale of aggregates, waste incineration,
  —   for Deutsche Glasfaser: provision of telecommunication services at the retail and wholesale levels in Germany, including internet access, fixed voice communication and pay-television, through the roll-out and operation of fibre networks. |
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2.

The business activities of the undertakings concerned are:

—   for KKR: advice to, and management of, global investment activities,

—   for Reggeborgh: long term investment activities in various sectors, including telecommunications, construction services, real estate, production and sale of aggregates, waste incineration,

—   for Deutsche Glasfaser: provision of telecommunication services at the retail and wholesale levels in Germany, including internet access, fixed voice communication and pay-television, through the roll-out and operation of fibre networks.

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

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7723 — KKR/Reggeborgh/Deutsche Glasfaser, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7723 — KKR/Reggeborgh/Deutsche Glasfaser, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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OTHER ACTS

European Commission

| 14.8.2015 | EN | Official Journal of the European Union | C 266/26 |
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14.8.2015

EN

Official Journal of the European Union

C 266/26

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Notice for the attention of ‘The Army Of Emigrants And Supporters’ which was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) 2015/1390

(2015/C 266/09)

| 1. | Common Position 2002/402/CFSP (1) calls upon the Union to freeze the funds and economic resources of the members of the Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).
  The list drawn up by this UN Committee comprises:






  — | Al Qaida, |
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1.

Common Position 2002/402/CFSP (1) calls upon the Union to freeze the funds and economic resources of the members of the Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).

The list drawn up by this UN Committee comprises:

—

Al Qaida,

| — | natural or legal persons, entities, bodies and groups associated with Al Qaida, and |
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—

natural or legal persons, entities, bodies and groups associated with Al Qaida, and

| — | legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups. |
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—

legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups.

Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida include:

| (a) | participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of Al Qaida, or any cell, affiliate, splinter group or derivative thereof; |
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(a)

participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of Al Qaida, or any cell, affiliate, splinter group or derivative thereof;

| (b) | supplying, selling or transferring arms and related materiel to any of them; |
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(b)

supplying, selling or transferring arms and related materiel to any of them;

| (c) | recruiting for any of them; or |
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(c)

recruiting for any of them; or

| (d) | otherwise supporting acts or activities of any of them. |
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(d)

otherwise supporting acts or activities of any of them.

| 2. | The UN Security Council approved on 6 August 2015 the addition of ‘The Army Of Emigrants And Supporters’ to the Al-Qaida Sanctions Committee’s list.
  They may submit at any time a request to the UN Ombudsperson, together with any supporting documentation, for the decision to include them in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:





  United Nations — Office of the Ombudsperson |
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| Room TB-08041D |
| New York, NY 10017 |
| UNITED STATES OF AMERICA |
| Tel. +1 2129632671 |
| Fax +1 2129631300/3778 |
| Email: ombudsperson@un.org |

2.

The UN Security Council approved on 6 August 2015 the addition of ‘The Army Of Emigrants And Supporters’ to the Al-Qaida Sanctions Committee’s list.

They may submit at any time a request to the UN Ombudsperson, together with any supporting documentation, for the decision to include them in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:

United Nations — Office of the Ombudsperson

Room TB-08041D

New York, NY 10017

UNITED STATES OF AMERICA

Tel. +1 2129632671

Fax +1 2129631300/3778

Email: ombudsperson@un.org

See for more information at http://www.un.org/sc/committees/1267/delisting.shtml

| 3. | Further to the UN decision referred to in paragraph 2, the Commission has adopted Regulation (EU) 2015/1390 (2), which amends Annex I to Council Regulation (EC) No 881/2002 (3) imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network. The amendment, made pursuant to Article 7(1)(a) and 7a(1) of Regulation (EC) No 881/2002, adds ‘The Army Of Emigrants And Supporters’ to the list in Annex I of that Regulation (‘Annex I’).
  The following measures of Regulation (EC) No 881/2002 apply to the individuals and entities included in Annex I:






  (1) | the freezing of all funds and economic resources belonging to the individuals and entities concerned, or owned or held by them, and the prohibition (on everyone) on making funds and economic resources available to any of the individuals and entities concerned or for their benefit, whether directly or indirectly (Articles 2 and 2a); and |
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3.

Further to the UN decision referred to in paragraph 2, the Commission has adopted Regulation (EU) 2015/1390 (2), which amends Annex I to Council Regulation (EC) No 881/2002 (3) imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network. The amendment, made pursuant to Article 7(1)(a) and 7a(1) of Regulation (EC) No 881/2002, adds ‘The Army Of Emigrants And Supporters’ to the list in Annex I of that Regulation (‘Annex I’).

The following measures of Regulation (EC) No 881/2002 apply to the individuals and entities included in Annex I:

(1)

the freezing of all funds and economic resources belonging to the individuals and entities concerned, or owned or held by them, and the prohibition (on everyone) on making funds and economic resources available to any of the individuals and entities concerned or for their benefit, whether directly or indirectly (Articles 2 and 2a); and

| (2) | the prohibition on granting, selling, supplying or transferring technical advice, assistance or training related to military activities to any of the individuals and entities concerned, whether directly or indirectly (Article 3). |
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(2)

the prohibition on granting, selling, supplying or transferring technical advice, assistance or training related to military activities to any of the individuals and entities concerned, whether directly or indirectly (Article 3).

| 4. | Article 7a of Regulation (EC) No 881/2002 provides for a review process where observations on the grounds for listing are submitted by those listed. Individuals and entities added to Annex I by Regulation (EU) 2015/1390 may make a request for the grounds for their listing to the Commission. This request should be sent to:





  European Commission |
| --- | --- |
| ‘Restrictive measures’ |
| Rue de la Loi/Wetstraat 200 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

Article 7a of Regulation (EC) No 881/2002 provides for a review process where observations on the grounds for listing are submitted by those listed. Individuals and entities added to Annex I by Regulation (EU) 2015/1390 may make a request for the grounds for their listing to the Commission. This request should be sent to:

European Commission

‘Restrictive measures’

Rue de la Loi/Wetstraat 200

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

| 5. | The attention of the individuals and entities concerned is also drawn to the possibility of challenging Regulation (EU) 2015/1390 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union. |
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5.

The attention of the individuals and entities concerned is also drawn to the possibility of challenging Regulation (EU) 2015/1390 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union.

| 6. | For good order, the attention of the individuals and entities included in Annex I is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation. |
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6.

For good order, the attention of the individuals and entities included in Annex I is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.

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(1)  OJ L 139, 29.5.2002, p. 4.

(2)  OJ L 215, 14.8.2015, p. 6.

(3)  OJ L 139, 29.5.2002, p. 9.

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