# Official Journal C 167/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 167 |
| | |
| English edition | Information and Notices | Volume 6216 May 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 167

English edition

Information and Notices

Volume 6216 May 2019

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 167/01 | Non-opposition to a notified concentration (Case M.9270 — VINCI Airports/Gatwick Airport) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 167/01

Non-opposition to a notified concentration (Case M.9270 — VINCI Airports/Gatwick Airport) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2019/C 167/02 | Council Decision of 14 May 2019 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Hungary | 2 |
| | European Commission |
| 2019/C 167/03 | Euro exchange rates | 4 |
| 2019/C 167/04 | Communication from the Commission — Publication of the total number of allowances in circulation in 2018 for the purposes of the Market Stability Reserve under the EU Emissions Trading System established by Directive 2003/87/EC | 5 |
| 2019/C 167/05 | New EU Prize for schools teaching about the EU | 9 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2019/C 167/02

Council Decision of 14 May 2019 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Hungary

2

European Commission

2019/C 167/03

Euro exchange rates

4

2019/C 167/04

Communication from the Commission — Publication of the total number of allowances in circulation in 2018 for the purposes of the Market Stability Reserve under the EU Emissions Trading System established by Directive 2003/87/EC

5

2019/C 167/05

New EU Prize for schools teaching about the EU

9

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2019/C 167/06 | Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett dated 10 September 2018 in the case of Andreas Gyrre v The Norwegian Government (Case E-1/19) | 10 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2019/C 167/07 | Notice of initiation of an anti-subsidy proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt | 11 |
| | OTHER ACTS |
| | European Commission |
| 2019/C 167/08 | Information Notice – Public Consultation — Names from Azerbaijan to be protected as Geographical Indications in the European Union | 26 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2019/C 167/06

Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett dated 10 September 2018 in the case of Andreas Gyrre v The Norwegian Government (Case E-1/19)

10

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2019/C 167/07

Notice of initiation of an anti-subsidy proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt

11

OTHER ACTS

European Commission

2019/C 167/08

Information Notice – Public Consultation — Names from Azerbaijan to be protected as Geographical Indications in the European Union

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

| 16.5.2019 | EN | Official Journal of the European Union | C 167/1 |
| --- | --- | --- | --- |

16.5.2019

EN

Official Journal of the European Union

C 167/1

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Non-opposition to a notified concentration

(Case M.9270 — VINCI Airports/Gatwick Airport)

(Text with EEA relevance)

(2019/C 167/01)

On 15 March 2019, 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 32019M9270. 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 32019M9270. EUR-Lex is the online access to European law.

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 16.5.2019 | EN | Official Journal of the European Union | C 167/2 |
| --- | --- | --- | --- |

16.5.2019

EN

Official Journal of the European Union

C 167/2

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COUNCIL DECISION

of 14 May 2019

appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Hungary

(2019/C 167/02)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,

Having regard to the list of candidates submitted to the Council by the Governments of the Member States,

Whereas:

| (1) | By its Decisions of 12 March 2019 (2) and 15 April 2019 (3), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2019 to 28 February 2022. |
| --- | --- |

(1)

By its Decisions of 12 March 2019 (2) and 15 April 2019 (3), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2019 to 28 February 2022.

| (2) | The employees and employers organisations of Hungary have submitted further nominations for several posts to be filled, |
| --- | --- |

(2)

The employees and employers organisations of Hungary have submitted further nominations for several posts to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2022:

II.   TRADE UNION REPRESENTATIVES

| Country | Members | Alternate members |
| --- | --- | --- |
| Hungary | Mr Károly GYÖRGY | Mr László MISKÉRI |

Country

Members

Alternate members

Hungary

Mr Károly GYÖRGY

Mr László MISKÉRI

III.   EMPLOYERS' REPRESENTATIVES

| Country | Members | Alternate members |
| --- | --- | --- |
| Hungary | Mr István KOMORÓCZKI | Ms Melinda PARRAGHNÉ GÁL
  Ms Judit H. NAGY |

Country

Members

Alternate members

Hungary

Mr István KOMORÓCZKI

Ms Melinda PARRAGHNÉ GÁL

Ms Judit H. NAGY

Article 2

The Council shall appoint the members and alternate members not yet nominated at a later date.

Article 3

This Decision shall be published for information in the Official Journal of the European Union.

Done at Brussels, 14 May 2019.

For the Council

The President

P. DAEA

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(1)  OJ C 218, 13.9.2003, p. 1.

1

(2)  OJ C 100, 15.3.2019, p. 1.

2

(3)  OJ C 142, 23.4.2019, p. 20.

3

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European Commission

| 16.5.2019 | EN | Official Journal of the European Union | C 167/4 |
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16.5.2019

EN

Official Journal of the European Union

C 167/4

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Euro exchange rates (1)

15 May 2019

(2019/C 167/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1183 |
| JPY | Japanese yen | 122,24 |
| DKK | Danish krone | 7,4695 |
| GBP | Pound sterling | 0,86820 |
| SEK | Swedish krona | 10,7688 |
| CHF | Swiss franc | 1,1276 |
| ISK | Iceland króna | 137,40 |
| NOK | Norwegian krone | 9,8003 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,760 |
| HUF | Hungarian forint | 325,15 |
| PLN | Polish zloty | 4,3094 |
| RON | Romanian leu | 4,7615 |
| TRY | Turkish lira | 6,7780 |
| AUD | Australian dollar | 1,6166 |
| CAD | Canadian dollar | 1,5075 |
| HKD | Hong Kong dollar | 8,7784 |
| NZD | New Zealand dollar | 1,7067 |
| SGD | Singapore dollar | 1,5317 |
| KRW | South Korean won | 1 331,31 |
| ZAR | South African rand | 15,9620 |
| CNY | Chinese yuan renminbi | 7,6925 |
| HRK | Croatian kuna | 7,4183 |
| IDR | Indonesian rupiah | 16 170,62 |
| MYR | Malaysian ringgit | 4,6728 |
| PHP | Philippine peso | 58,588 |
| RUB | Russian rouble | 72,4794 |
| THB | Thai baht | 35,322 |
| BRL | Brazilian real | 4,4659 |
| MXN | Mexican peso | 21,4741 |
| INR | Indian rupee | 78,6785 |

Currency

Exchange rate

USD

US dollar

1,1183

JPY

Japanese yen

122,24

DKK

Danish krone

7,4695

GBP

Pound sterling

0,86820

SEK

Swedish krona

10,7688

CHF

Swiss franc

1,1276

ISK

Iceland króna

137,40

NOK

Norwegian krone

9,8003

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,760

HUF

Hungarian forint

325,15

PLN

Polish zloty

4,3094

RON

Romanian leu

4,7615

TRY

Turkish lira

6,7780

AUD

Australian dollar

1,6166

CAD

Canadian dollar

1,5075

HKD

Hong Kong dollar

8,7784

NZD

New Zealand dollar

1,7067

SGD

Singapore dollar

1,5317

KRW

South Korean won

1 331,31

ZAR

South African rand

15,9620

CNY

Chinese yuan renminbi

7,6925

HRK

Croatian kuna

7,4183

IDR

Indonesian rupiah

16 170,62

MYR

Malaysian ringgit

4,6728

PHP

Philippine peso

58,588

RUB

Russian rouble

72,4794

THB

Thai baht

35,322

BRL

Brazilian real

4,4659

MXN

Mexican peso

21,4741

INR

Indian rupee

78,6785

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

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| 16.5.2019 | EN | Official Journal of the European Union | C 167/5 |
| --- | --- | --- | --- |

16.5.2019

EN

Official Journal of the European Union

C 167/5

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COMMUNICATION FROM THE COMMISSION

Publication of the total number of allowances in circulation in 2018 for the purposes of the Market Stability Reserve under the EU Emissions Trading System established by Directive 2003/87/EC

(2019/C 167/04)

1.   Introduction

In 2015, the Council and the European Parliament took the decision to establish a Market Stability Reserve (‘MSR’) (1) under the EU Emissions Trading System (ETS) established by Directive 2003/87/EC (2). The MSR began operating in January 2019. The purpose of the MSR is to avoid that the EU carbon market operates with a large structural surplus of allowances, with the associated risk that this prevents the EU ETS from delivering the necessary investment signal to deliver on the EU's emission reduction target in a cost-efficient manner.

The Decision states that, by 15 May each year and starting in 2017, the Commission shall publish the total number of allowances in circulation. This figure determines whether allowances intended to be auctioned in the subsequent year should be placed into the reserve.

On 15 May 2018, the Commission published the total number of allowances in circulation in 2017, amounting to around 1,65 billion allowances (3). In line with MSR rules, following this publication, 264 731 936 allowances will be placed in the reserve over the first 8 months of 2019 starting as of 1 January (4).

This Communication is the third publication for the purposes of the MSR, and concerns the year 2018. It contains the actual total number of allowances in circulation, and sets out in detail how this figure has been calculated. This publication will determine the number of allowances that will be placed in the reserve from September 2019 to August 2020.

2.   Functioning of the market stability reserve

The MSR functions in an automatic manner where the total number of allowances in circulation is outside of a predefined range. Allowances are added to the reserve, if the total number of allowances in circulation exceeds the threshold of 833 million allowances. Allowances are released from the reserve, if the total number of allowances in circulation is lower than 400 million allowances. In practical terms, allowances are added to the reserve by auctioning less, and released from the reserve by auctioning 100 million more allowances in the future.

The publication of the total number of allowances in circulation, on the basis of which allowances will be added to or released from the reserve, is therefore a key element for the operation of the reserve.

In the context of the revision of the EU ETS (5), important changes were made to the functioning of the MSR. During the period from 2019 to 2023, the percentage of the total number of allowances in circulation determining the number of allowances put in the reserve if the threshold of 833 million allowances is exceeded is temporarily doubled from 12 % to 24 %. In addition, as from 2023, allowances held in the MSR above the previous year's auction volume will no longer be valid.

On the basis of this Communication, 24 % (6) of the total number of allowances in circulation will therefore be placed in the reserve over a period of 12-months starting as of 1 September 2019. A corresponding amount will be deducted from Member States' auction volumes, following their respective auction shares. In this context, it is important to recall that until 31 December 2025, allowances redistributed for the purposes of solidarity and growth within the Union are not taken into account to determine the relevant shares.

3.   The total number of allowances in circulation

According to Article 1(4) of Decision (EU) 2015/1814, the total number of allowances in circulation ‘shall be the cumulative number of allowances issued in the period since 1 January 2008, including the number issued pursuant to Article 13(2) of Directive 2003/87/EC in that period and entitlements to use international credits exercised by installations under the EU ETS in respect of emissions up to 31 December of that given year, minus the cumulative tonnes of verified emissions from installations under the EU ETS between 1 January 2008 and 31 December of that same given year, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC and the number of allowances in the reserve.’

In short, the total number of allowances in circulation relevant for MSR feeds and releases is calculated by the following formula:

TNAC = Supply — (Demand + allowances in the MSR)

There are three different elements that determine the total number of allowances in circulation: first, the supply of allowances since 1 January 2008; second, the number of allowances surrendered and cancelled (‘demand’); and third, the holdings of the reserve.

As foreseen in Decision (EU) 2015/1814, aviation allowances and verified aviation emissions are not considered in this context.

3.1.   Supply

The supply of allowances to the market is determined by five different elements:

| — | allowances banked from 2008-12 (‘phase 2’), |
| --- | --- |

—

allowances banked from 2008-12 (‘phase 2’),

| — | allowances allocated for free since 1 January 2013 until 31 December 2018, including allowances allocated from the new entrants' reserve (‘NER’), |
| --- | --- |

—

allowances allocated for free since 1 January 2013 until 31 December 2018, including allowances allocated from the new entrants' reserve (‘NER’),

| — | allowances auctioned between 1 January 2013 (7) and 31 December 2018, |
| --- | --- |

—

allowances auctioned between 1 January 2013 (7) and 31 December 2018,

| — | allowances monetised by the European Investment Bank (EIB) for the purposes of the ‘NER300’ programme, and |
| --- | --- |

—

allowances monetised by the European Investment Bank (EIB) for the purposes of the ‘NER300’ programme, and

| — | international credit entitlements exercised by installations in respect of emissions up to 31 December 2018. |
| --- | --- |

—

international credit entitlements exercised by installations in respect of emissions up to 31 December 2018.

The number of allowances banked from phase 2 of the EU ETS is 1 749 540 826 allowances (8). This ‘banking total’ represents the total number of allowances issued during phase 2 of the EU ETS, which were not surrendered to cover verified emissions or cancelled. For the purpose of the determination of the total number of allowances in circulation it therefore represents the number of ETS allowances in circulation at the start of the period 2013-20 (‘phase 3’) on 1 January 2013 and is taken into account as such in the calculation.

According to the reports from the auctions on the common auction platform and on the relevant opt-out platforms (9), the number of allowances auctioned between 1 January 2013 and 31 December 2018, including the so-called early auctions, is 4 641 208 000.

The number of allowances allocated for free, including allowances allocated from the NER, since 1 January 2013 until 31 December 2018 is 5 162 023 498 (10).

300 000 000 allowances have been monetised by the EIB for the purposes of the NER300 programme (11).

The international credit entitlements exercised by installations in respect of emissions up to 31 December 2018 correspond to 434 049 616 (12).

3.2.   Demand

The demand consists of the total verified emissions from installations between 1 January 2013 (13) and 31 December 2018, which is 10 631 597 033 (14), and allowances cancelled in that same period, which corresponds to 315 083 allowances.

3.3.   Holdings of the MSR

For the period of this publication, there were no allowances in the reserve (15).

3.4.   Total number of allowances in circulation

In the light of the foregoing, the total number of allowances in circulation amounts to 1 654 909 824 allowances.

4.   Conclusion

In line with the MSR rules, over a 12-month period — from 1 September 2019 to 31 August 2020 —, a total of 397 178 358 allowances will be placed in the MSR.

The next publication will be made in May 2020 to determine reserve feeds from September 2020 until August 2021.

Table

Overview

| Supply |
| --- |
| (a) | Banking from phase 2 |

Supply

(a)

Banking from phase 2

1 749 540 826

| (b) | total number of allowances allocated for free between 1 January 2013 and 31 December 2018, including from NER |
| --- | --- |

(b)

total number of allowances allocated for free between 1 January 2013 and 31 December 2018, including from NER

5 162 023 498

| (c) | total number of allowances auctioned between 1 January 2013 and 31 December 2018, including early auctions |
| --- | --- |

(c)

total number of allowances auctioned between 1 January 2013 and 31 December 2018, including early auctions

4 641 208 000

| (d) | the number of allowances monetised by the European Investment Bank for the purposes of the NER300 programme |
| --- | --- |

(d)

the number of allowances monetised by the European Investment Bank for the purposes of the NER300 programme

300 000 000

| (e) | international credit entitlements exercised by installations in respect of emissions up to 31 December 2018 |
| --- | --- |

(e)

international credit entitlements exercised by installations in respect of emissions up to 31 December 2018

434 049 616

Sum (supply)

12 286 821 940

| Demand |
| --- |
| (a) | Tonnes of verified emissions from installations under the EU ETS between 1 January 2013 and 31 December 2018 |

Demand

(a)

Tonnes of verified emissions from installations under the EU ETS between 1 January 2013 and 31 December 2018

10 631 597 033

| (b) | Allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC by 31 December 2018 |
| --- | --- |

(b)

Allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC by 31 December 2018

315 083

Sum (demand)

10 631 912 116

| MSR holdings |
| --- |
| Number of allowances in the reserve | 0 |
| |
| Total number of allowances in circulation | 1 654 909 824 |

MSR holdings

Number of allowances in the reserve

0

Total number of allowances in circulation

1 654 909 824

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(1)  Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).

(2)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(3)  See Communication from the Commission, C(2018) 2801 final, available at:

https://ec.europa.eu/clima/sites/clima/files/ets/reform/docs/c_2018_2801_en.pdf

(4)  The contributions of each Member State to the Market Stability Reserve from 1 January to 31 August 2019 were published in the Report from the Commission to the European Parliament and the Council — Report on the Functioning of the European Carbon market, COM(2018) 842 final, published on 17 December 2018, available at: https://ec.europa.eu/clima/sites/clima/files/ets/docs/com_2018_842_final_en.pdf

(5)  Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3); available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.076.01.0003.01.ENG&toc=OJ:L:2018:076:TOC

(6)  Representing 2 % per month.

(7)  This figure includes the so-called ‘early auctions’, i.e. allowances valid for the period 2013-20, which have been auctioned before 1 January 2013.

(8)  See Carbon Market Report 2015; COM(2015) 576.

(9)  Available at: http://www.eex.com/en/products/environmental-markets/emissions-auctions/archive and https://www.theice.com/marketdata/reports/148

(10)  Based on an extract of the EU Transaction Log (EUTL) on 1 April 2019

(11)  A first tranche of 200 million allowances — sold in 2011 and 2012 — and a second tranche of 100 million allowances – sold in 2013 and 2014; see for further details

https://ec.europa.eu/clima/sites/clima/files/lowcarbon/ner300/docs/summary_report_ner300_monetisation_en.pdf

(12)  Based on an extract of the EUTL on 1 April 2019.

(13)  With respect to verified emissions in the period 2008-2012, please see explanations on the banking total (section 3.1.).

(14)  The total verified emissions are based on an extract from the EUTL on 1 April 2019 to take into account verified emissions reported by 31 March 2019. Emissions reported after that date are therefore not reflected in this total.

(15)  This Communication shows the total number of allowances in circulation by the end of 2018. The MSR is operating since 1 January 2019. Around 265 million allowances will be placed in the reserve from 1 January until 31 August 2019, based on the TNAC for 2017.

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| 16.5.2019 | EN | Official Journal of the European Union | C 167/9 |
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16.5.2019

EN

Official Journal of the European Union

C 167/9

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New EU Prize for schools teaching about the EU

(2019/C 167/05)

The European Union is establishing a new prize to reward teachers and schools for improving learning about the European Union at schools.

The new prize will bear the name ‘Jan Amos Comenius Prize for high quality teaching about the European Union’.

Eligible candidates are secondary schools established in the European Union.

The prize will reward outstanding secondary school teachers and schools that help their pupils learn about the EU in ways that inspire. It will provide EU-wide recognition and visibility to relevant work and will highlight the importance of teaching and learning about the EU at a young age. It will showcase inspirational teaching methods that actively engage pupils in learning about the EU and will help spread these practices.

The 2019 Call for Applications is foreseen to be published in September 2019.

The European Commission will establish and publish the Contest Rules. These will lay down the detailed conditions for participation, the deadlines, the award criteria, the number and amount of the prizes, the arrangements for the payments to winners.

The Prize is an initiative of the European Parliament and will be implemented by the European Commission’s Directorate-General for Education, Youth, Sport and Culture.

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 16.5.2019 | EN | Official Journal of the European Union | C 167/10 |
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16.5.2019

EN

Official Journal of the European Union

C 167/10

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Request for an Advisory Opinion from the EFTA Court by Borgarting lagmannsrett dated 10 September 2018 in the case of Andreas Gyrre v The Norwegian Government

(Case E-1/19)

(2019/C 167/06)

A request has been made to the EFTA Court dated 10 September 2018 from Borgarting lagmannsrett (Borgarting Court of Appeal), which was received at the Court Registry on 3 January 2019, for an Advisory Opinion in the case of Andreas Gyrre v The Norwegian Government on the following questions:

| 1. | Is point 9 of Annex I to Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market to be interpreted as covering situations where a trader states or otherwise creates the impression that a product can legally be sold where there is a legislative provision, such as in the London Olympic Games and Paralympic Games Act 2006, in an EEA State which provides that the product cannot legally be sold and which is enforced under national law?






  a. | Does it have a bearing on this assessment that the prohibition applies in the EEA State where the product is to be used but not in the State where the product is sold? |
| --- | --- | --- |

1.

Is point 9 of Annex I to Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market to be interpreted as covering situations where a trader states or otherwise creates the impression that a product can legally be sold where there is a legislative provision, such as in the London Olympic Games and Paralympic Games Act 2006, in an EEA State which provides that the product cannot legally be sold and which is enforced under national law?

a.

Does it have a bearing on this assessment that the prohibition applies in the EEA State where the product is to be used but not in the State where the product is sold?

| b. | Does it have a bearing on this assessment if, after the sale, it is determined that the prohibition was contrary to EEA law? |
| --- | --- |

b.

Does it have a bearing on this assessment if, after the sale, it is determined that the prohibition was contrary to EEA law?

| 2. | If a determination of whether the prohibition under national law is contrary to EEA law rules has a bearing on the assessment under point 9 of Annex I to Directive 2005/29/EC:






  a. | Does the prohibition of resale of such tickets as in the London Olympic Games and Paralympic Games Act 2006 constitute regulation of commercial practices falling within the scope of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market? |
| --- | --- | --- |

2.

If a determination of whether the prohibition under national law is contrary to EEA law rules has a bearing on the assessment under point 9 of Annex I to Directive 2005/29/EC:

a.

Does the prohibition of resale of such tickets as in the London Olympic Games and Paralympic Games Act 2006 constitute regulation of commercial practices falling within the scope of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market?

| b. | Does the Directive preclude a national prohibition of resale, such as provided for in the London Olympic Games and Paralympic Games Act 2006, where such a prohibition safeguards not only consumer protection considerations but also other considerations, such as security? |
| --- | --- |

b.

Does the Directive preclude a national prohibition of resale, such as provided for in the London Olympic Games and Paralympic Games Act 2006, where such a prohibition safeguards not only consumer protection considerations but also other considerations, such as security?

| c. | If it is necessary to ascertain whether restrictions on the resale of tickets for sporting events such as the Olympic Games are contrary to the fundamental freedoms under the EEA Agreement, including Articles 11 and 36 EEA, which criteria should the national court use as a basis for its assessment of whether such restrictions are suitable and necessary for achieving legitimate objectives such as consumer protection and security? |
| --- | --- |

c.

If it is necessary to ascertain whether restrictions on the resale of tickets for sporting events such as the Olympic Games are contrary to the fundamental freedoms under the EEA Agreement, including Articles 11 and 36 EEA, which criteria should the national court use as a basis for its assessment of whether such restrictions are suitable and necessary for achieving legitimate objectives such as consumer protection and security?

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 16.5.2019 | EN | Official Journal of the European Union | C 167/11 |
| --- | --- | --- | --- |

16.5.2019

EN

Official Journal of the European Union

C 167/11

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Notice of initiation of an anti-subsidy proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt

(2019/C 167/07)

The European Commission (‘the Commission’) has received a complaint under Article 10 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of certain woven and/or stitched glass fibre fabrics, originating in the People's Republic of China and Egypt, are being subsidised and are thereby causing injury (2) to the Union industry.

1.   Complaint

The complaint was lodged on 1 April 2019 by Tech-Fab Europe (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of certain woven and/or stitched glass fibre fabrics.

An open version of the complaint and the analysis of the degree of support by Union producers for the complaint are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.

2.   Product under investigation

The product subject to this investigation is fabrics of woven and/or stitched continuous filament glass fibre rovings or yarns, excluding products which are impregnated or pre-impregnated (pre-preg), and excluding open mesh fabrics with cells with a size of more than 1,8 mm in both length and width and weighing more than 35 g/m2 (‘the product under investigation’).

All interested parties wishing to submit information on the product scope must do so within 10 days of the date of publication of this Notice (3).

3.   Allegation of subsidisation

The product allegedly being subsidised is the product under investigation, originating in the People's Republic of China and Egypt (‘the countries concerned’), currently falling within CN codes ex 7019 39 00, ex 7019 40 00, ex 7019 59 00 and ex 7019 90 00 (TARIC codes 7019390080, 7019400080, 7019590080 and 7019900080). The CN and TARIC codes are given for information.

3.1   
  The People's Republic of China

The Commission considers that the complaint includes sufficient evidence that the producers of the product under investigation from the People's Republic of China have benefitted from a number of subsidies granted by the government of the People's Republic of China.

The alleged subsidy practices consist, inter alia, of (i) direct transfer of funds, (ii) government revenue forgone or not collected and (iii) government provision of goods or services for less than adequate remuneration. The complaint contained evidence, for example, of preferential loans and provision of credit lines by State-owned banks, export credit subsidy programmes, export guarantees and insurances and grant programmes; tax reductions for High and New Technology Enterprises, tax offset for research and development, accelerated depreciation of equipment used by High-Tech enterprises for High-Tech development and production, dividend exemption between qualified resident enterprises, withholding tax reduction for dividends from foreign-invested Chinese enterprises to their non-Chinese parent companies, land use tax exemptions and export tax rebate; and government provision of land and power for less than adequate remuneration.

The complainant further alleges that the above measures amount to subsidies because they involve a financial contribution from the Government of China or other regional and local governments (including public bodies) and confer a benefit to the exporting producers of the product under investigation. They are alleged to be limited to certain enterprises or industry or group of enterprises and/or contingent upon export performance and are therefore specific and countervailable. On that basis, the alleged subsidy amounts appear to be significant for the People's Republic of China.

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

3.2   
  Egypt

The Commission considers that the complaint includes sufficient evidence that the producers of the product under investigation from Egypt have benefitted from a number of subsidies granted by the government of the Egypt.

The alleged subsidy practices consist, inter alia, of (i) direct transfer of funds, (ii) government revenue forgone or not collected and (iii) government provision of goods or services for less than adequate remuneration. The complaint contained evidence, for example, of preferential policy loans, and tax benefits under Egyptian laws, import duty exemption on the import of raw materials and production equipment.

The complainant further alleges that the above measures amount to subsidies because they involve a financial contribution from the Government of Egypt (including public bodies) and confer a benefit to the exporting producers of the product under investigation. They are alleged to be limited to certain enterprises or industry or group of enterprises and/or contingent upon export performance and are therefore specific and countervailable. On that basis, the alleged subsidy amounts appear to be significant for Egypt.

Moreover, the complainant alleges that some of the subsidies are directly granted by the Government of Egypt, and some indirectly by the Government of China, but via the Government of Egypt. According to the complaint, the only Egyptian exporting producer, which is situated in a special economic zone (the China-Egypt Suez Economic and Trade Cooperation Zone), is Chinese-owned. The complaint contains evidence of the cooperation agreements between the Chinese and the Egyptian governments as well as of loans from Chinese State-owned or State-controlled entities to Egyptian State-owned banks. In view of the objectives of these agreements and loans, the complainant argues that such loans benefit the Chinese-owned exporting producer in Egypt.

In view of Articles 10(2) and 10(3) of the basic Regulation, the Commission prepared a memorandum on sufficiency of evidence containing the Commission's assessment on all the evidence at the disposal of the Commission concerning the People's Republic of China and Egypt and on the basis of which the Commission initiates the investigation. That memorandum can be found in the file for inspection by interested parties.

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

4.   Allegations of injury and causation

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

The 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 by the Union industry, resulting in substantial adverse effects on the financial situation, the employment situation and the overall performance of the Union industry.

5.   Procedure

Having determined, after informing the Member States, that the complaint was 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 the countries concerned is being subsidised and whether these subsidised imports have caused or threaten to cause material 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 China and the Government of Egypt have been invited for consultations.

Regulation (EU) 2018/825 of the European Parliament and of the Council (4), which entered into force on 8 June 2018, (TDI Modernisation package) introduced a number of changes to the timetable and deadlines previously applicable in anti-subsidy proceedings. In particular, the Commission needs to provide information on the planned imposition of provisional duties 3 weeks before the imposition of provisional measures. The time-limits for interested parties to come forward, in particular at the early stage of investigations, are shortened. Therefore, the Commission invites interested parties to respect the procedural steps and deadlines provided in this Notice as well as in further communications from the Commission.

5.1.   
  Investigation period and period considered

The investigation of subsidisation and injury will cover the period from 1 January 2018 to 31 December 2018 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2015 to the end of the investigation period (‘the period considered’).

5.2.   
  Comments on the complaint and the initiation of the investigation

All interested parties wishing to comment on the complaint (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the complaint) must do so within 37 days of the date of publication of this Notice.

Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.

5.3.   
  Procedure for the determination of subsidisation

Exporting producers (5) of the product under investigation from the countries concerned are invited to participate in the Commission investigation. Other parties from which the Commission will seek relevant information to determine the existence and amount of countervailable subsidies conferred upon the product under investigation are also invited to cooperate with the Commission to the fullest extent possible.

5.3.1.   Investigating exporting producers

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

(a)   Sampling

In view of the potentially large number of exporting producers in the People's Republic of China 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 provide the Commission with information on their companies requested in Annex I to this Notice within 7 days of the date of publication of this Notice.

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission has also contacted the authorities of the People's Republic of China and may contact any known associations of exporting producers.

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 People's Republic of China and associations of exporting producers will be notified by the Commission, via the authorities of the People's Republic of China 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 associations of exporting producers, and to the authorities of the People's Republic of China.

Once the Commission has received the necessary information to select a sample of exporting producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled exporting producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

The Commission will add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade's website: http://trade.ec.europa.eu/tdi/case_details.cfm?id=2398

The questionnaire will also be made available to any known association of exporting producers, and to the authorities of the People's Republic of China.

Without prejudice to the possible application of Article 28 of the basic Regulation, exporting producers that have filled in Annex I within the specified deadline and agreed to be included in the sample but are not selected as part of the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section 5.3.1(b) below, the countervailing duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average amounts of subsidisation established for the exporting producers in the sample (6).

(b)   Individual amount of countervailable subsidisation for companies not included in the sample

Pursuant to Article 27(3) of the basic Regulation, non-sampled cooperating exporting producers may request the Commission to establish their individual subsidy amount. Exporting producers wishing to claim an individual subsidy amount must fill in the questionnaire and return it duly completed within 30 days of the date of notification of the sample selection, unless otherwise specified. A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade's website http://trade.ec.europa.eu/tdi/case_details.cfm?id=2398

The Commission will examine whether non-sampled cooperating exporting producers can be granted an individual subsidy amount in accordance with Article 27(3) of the basic Regulation.

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

5.3.1.2.   Procedure for selecting exporting producers to be investigated in Egypt

All exporting producers and associations of exporting producers in Egypt are invited to contact the Commission, preferably by email, immediately but no later than 7 days after the publication of this Notice, in order to make themselves known and request a questionnaire.

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, to any known associations of exporting producers, and to the authorities of the Egypt.

Exporting producers in Egypt have to fill in a questionnaire within 37 days from the date of publication of this Notice. The questionnaire will also be made available to any known association of exporting producers, and to the authorities of Egypt.

A copy of the above-captioned questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade's website (http://trade.ec.europa.eu/tdi/case_details.cfm?id=2398).

5.3.2.   Investigating unrelated importers (7) (8)

Unrelated importers of the product under investigation from the countries 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 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 provide the Commission with the information on their companies requested in Annex II to this Notice within 7 days of the date of publication of 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.

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.

Once the Commission has received the necessary information to select a sample, it will inform the parties concerned of its decision on the sample of importers. The Commission will also add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

In order to obtain information it deems necessary for its investigation, the Commission will make questionnaires available to the sampled unrelated importers. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the decision about the sample, unless otherwise specified.

A copy of the questionnaire for importers is available in the file for inspection by interested parties and on DG Trade's website http://trade.ec.europa.eu/tdi/case_details.cfm?id=2398

5.4.   
  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 injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

In view of the large number of Union producers concerned 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 comment on the provisional sample. In addition, 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 7 days of the date of publication of this Notice. All comments regarding the provisional sample must be received within 7 days of the date of publication of this Notice, 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.

The sampled Union producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade's website http://trade.ec.europa.eu/tdi/case_details.cfm?id=2398

5.5.   
  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, representative consumer organisations and trade unions are invited to provide the Commission with information on the Union interest.

Information concerning the assessment of Union interest must be provided within 37 days of the date of publication of this Notice unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. A copy of the questionnaires, including the questionnaire for users of the product under investigation, is available in the file for inspection by interested parties and on DG Trade's website http://trade.ec.europa.eu/tdi/case_details.cfm?id=2398. In any case, the information submitted will only be taken into account if supported by factual evidence at the time of submission.

5.6.   
  Interested parties

In order to participate in the investigation interested parties, such as exporting producers, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations first have to demonstrate that there is an objective link between their activities and the product under investigation.

Exporting producers, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.3, 5.4 and 5.5 above will be considered as interested parties if there is an objective link between their activities and the product under investigation.

Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under investigation. Being considered as an interested party is without prejudice to the application of Article 28 of the basic Regulation.

Access to the file available for inspection for interested parties is made via TRON.tdi at the following address: https://webgate.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access.

5.7.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission's investigation services.

Any request to be heard must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

The timeframe for hearings is as follows:

| — | For any hearings to take place before the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice and the hearing will normally take place within 60 days of the date of publication of this Notice. |
| --- | --- |

—

For any hearings to take place before the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice and the hearing will normally take place within 60 days of the date of publication of this Notice.

| — | After the provisional stage, a request should be made within 5 days from the date of the provisional disclosure or of the information document, and the hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document. |
| --- | --- |

—

After the provisional stage, a request should be made within 5 days from the date of the provisional disclosure or of the information document, and the hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document.

| — | At definitive stage, a request should be made within 3 days from the date of the final disclosure, and the hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure, and the hearing will normally take place within the deadline to provide comments on this disclosure. |
| --- | --- |

—

At definitive stage, a request should be made within 3 days from the date of the final disclosure, and the hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure, and the hearing will normally take place within the deadline to provide comments on this disclosure.

The outlined timeframe is without prejudice to the right of the Commission services to accept hearings outside the timeframe in duly justified cases and to the right of the Commission to deny hearings in duly justified cases. Where the Commission services refuse a hearing request, the party concerned will be informed of the reasons for such refusal.

In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.

5.8.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (9). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

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’. Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.

If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests via TRON.tdi (https://webgate.ec.europa.eu/tron/TDI), 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 TRON.tdi or email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf

The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission, including principles that apply to submissions via TRON.tdi and by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: CHAR 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| TRON.tdi | : | https://webgate.ec.europa.eu/tron/tdi |
| Email | : | TRADE-AS656-GFF-SUBSIDY@ec.europa.eu
  TRADE-AS656-GFF-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON.tdi

:

https://webgate.ec.europa.eu/tron/tdi

Email

:

TRADE-AS656-GFF-SUBSIDY@ec.europa.eu

TRADE-AS656-GFF-INJURY@ec.europa.eu

6.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 11(9) of the basic Regulation within normally 12 months, but not more than 13 months of the date of the publication of this Notice. In accordance with Article 12(1) of the basic Regulation, provisional measures may be imposed normally not later than 9 months from the publication of this Notice.

In accordance with Article 29a of the basic Regulation, the Commission will provide information on the planned imposition of provisional duties 3 weeks before the imposition of provisional measures. Interested parties may request this information in writing within 4 months of the publication of this notice. Interested parties will be given 3 working days to comment in writing on the accuracy of the calculations.

In cases where the Commission intends not to impose provisional duties but to continue the investigation, interested parties will be informed in writing of the non-imposition of duties 3 weeks before the expiry of the deadline under Article 12(1) of the basic Regulation.

Interested parties will be given in principle 15 days to comment in writing on the provisional findings or on the information document, and 10 days to comment in writing on the definitive findings, unless otherwise specified. Where applicable, additional final disclosures will specify the deadline for interested parties to comment in writing.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in sections 5 and 6 of this Notice. The submission of any other information not covered by those sections should respect the following timetable:

| — | Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified. |
| --- | --- |

—

Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified.

| — | Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the provisional disclosure or the information document at provisional stage. Beyond such deadline, interested parties may only submit new factual information provided that such parties can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner. |
| --- | --- |

—

Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the provisional disclosure or the information document at provisional stage. Beyond such deadline, interested parties may only submit new factual information provided that such parties can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner.

| — | In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure. |
| --- | --- |

—

In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure.

8.   Possibility to comment on other parties' submissions

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties' submissions and may not raise new issues.

Such comments should be made according to the following timeframe:

| — | Any comment on information submitted by other interested parties before the imposition of provisional measures should be made at the latest within 75 days from the date of publication of this Notice, unless otherwise specified. |
| --- | --- |

—

Any comment on information submitted by other interested parties before the imposition of provisional measures should be made at the latest within 75 days from the date of publication of this Notice, unless otherwise specified.

| — | Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified. |
| --- | --- |

—

Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified.

| — | Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 3 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified. |
| --- | --- |

—

Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 3 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified.

The outlined timeframe is without prejudice to the Commission's right to request additional information from interested parties in duly justified cases.

9.   Extension to time-limits specified in this Notice

Any extension to the time-limits provided for in this Notice can only be requested in exceptional circumstances and will only be granted if duly justified.

Extensions to the deadline to reply to questionnaires may be granted, if duly justified, and will be normally limited to 3 additional days. As a rule, such extensions will not exceed 7 days. Regarding time-limits for the submission of other information specified in this Notice, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

10.   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.

11.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services 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. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in the due course.

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. In principle, the timeframes set out in section 5.7 to request hearings with the Commission services apply mutatis mutandis to requests for hearings with the Hearing Officer. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

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/

12.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (10).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission's trade defence activities is available on DG Trade's website: http://trade.ec.europa.eu/doclib/html/157639.htm

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(1)  OJ L 176, 30.6.2016, p. 55.

(2)  The general term ‘injury’ refers to material injury as well as to threat of material injury or material retardation of the establishment of an industry as set out in Article 2(d) of the basic Regulation.

(3)  References to the publication of this Notice mean publication of this Notice in the Official Journal of the European Union.

(4)  Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 143, 7.6.2018, p. 1).

(5)  An exporting producer is any company in the countries 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.

(6)  Under 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.

(7)  This section covers only importers not related to exporting producers. Importers that are related to exporting producers have to fill in Annex I to this Notice for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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

(9)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Subsidy Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(10)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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ANNEX I

Image 1

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-SUBSIDY PROCEEDING CONCERNING IMPORTS OF CERTAIN WOVEN AND/OR STITCHED GLASS FIBRE FABRICS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA AND EGYPT

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

This form is designed to assist exporting producers in the People’s Republic of China in responding to the request for sampling information made in point 5.3.1.1. of the notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Website

2. TURNOVER, SALES VOLUME, PRODUCTION AND PRODUCTION CAPACITY

Table I

Turnover and sales volume

Indicate the turnover in the accounting currency of the company during the investigation period (1 January 2018 to 31 December 2018) for sales (export sales to the Union for each of the 28 Member States (2) separately and in total, and domestic sales) of the product under investigation manufactured by your company as defined in the notice of initiation and the corresponding weight or volume. State the currency used.

Volume (tonnes)

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under investigation

Total:

Name each Member State (1):

(1) This document is for internal use only. It is protected under Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document under Article 29 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 55) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

(2) The 28 Member States of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia Slovenia, Spain, Sweden, and the United Kingdom.

Image 2

Volume (tonnes)

Value in accounting currency

Specify the currency used

Export sales to other destinations than the EU

Total:

Name each country:

Domestic sales of the product under investigation

(1) Add additional rows where necessary.

Table II

Production and production capacity

Please indicate your production and production capacity during the investigation period (1 January 2018 to 31 December 2018).

Volume (tonnes)

Your company’s overall production of the product under investigation

Your company’s production capacity of the product under investigation

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (3)

Give details of the precise activities of your company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under investigation. Such activities could include, but are not limited to, purchasing the product under investigation or producing it under sub-contracting arrangements, or processing or trading the product under investigation.

Please list also all related companies involved in the production and/or selling of the inputs used in the production of the product under investigation.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide the Commission with the company’s annual report and/or annual accounts for 2018 (preferably in English).

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

(3) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half-blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

Image 3

5. INDIVIDUAL AMOUNT OF SUBSIDISATION

The company declares that, in the event that it is not selected to be in the sample, it would like to receive a questionnaire in order to fill these in and thus claim an individual amount of subsidisation.

☐ Yes

☐ No

6. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

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ANNEX II

Image 4

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-SUBSIDY PROCEEDING CONCERNING IMPORTS OF CERTAIN WOVEN AND/OR STITCHED GLASS FIBRE FABRICS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA AND EGYPT

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3.2 of the notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of Initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Website

2. TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight for imports into the Union (2) and resales on the Union market after importation from the People’s Republic of China and Egypt, during the investigation period (1 January 2018 to 31 December 2018), of the product under investigation as defined in the notice of initiation and the corresponding weight or volume.

Volume (tonnes)

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under investigation from the People’s Republic of China and Egypt into the Union

Resales on the Union market after importation from the People’s Republic of China of the product under investigation

Resales on the Union market after importation from Egypt of the product under investigation

(1) This document is for internal use only. It is protected under Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document under Article 29 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 55) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the United Kingdom.

Image 5

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (3)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under investigation. Such activities could include, but are not limited to, purchasing the product under investigation or producing it under sub-contracting arrangements, or processing or trading the product under investigation.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation.

Signature of authorised official:

Name and title of authorised official:

Date:

(3) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half-blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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OTHER ACTS

European Commission

| 16.5.2019 | EN | Official Journal of the European Union | C 167/26 |
| --- | --- | --- | --- |

16.5.2019

EN

Official Journal of the European Union

C 167/26

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INFORMATION NOTICE – PUBLIC CONSULTATION

Names from Azerbaijan to be protected as Geographical Indications in the European Union

(2019/C 167/08)

Within the on-going negotiations with Azerbaijan for a new Agreement between the European Union and its Member States, and Azerbaijan, the protection in the European Union, as geographical indication, of the Azeri names set out below is under consideration.

The Commission invites any Member State or third country or any natural or legal person having a legitimate interest, resident or established in a Member State or in a third country, to submit opposition to such protection by lodging a duly substantiated statement.

Statements of opposition must reach the Commission within one month of the date of this publication. Statements of opposition should be sent to the following email address:

AGRI-A5-GI@ec.europa.eu

Statements of opposition shall be examined only if they are received within the time-limit set out above and if they show that the protection of the name proposed would:

| (a) | conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product; |
| --- | --- |

(a)

conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product;

| (b) | be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1) or Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (2), or contained in the agreements the Union has concluded with the following countries:






  — | Korea (3) |
| --- | --- | --- |

(b)

be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1) or Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (2), or contained in the agreements the Union has concluded with the following countries:

—

Korea (3)

| — | Central America (4) |
| --- | --- |

—

Central America (4)

| — | Colombia, Peru and Ecuador (5) |
| --- | --- |

—

Colombia, Peru and Ecuador (5)

| — | Montenegro (6) |
| --- | --- |

—

Montenegro (6)

| — | Bosnia and Herzegovina (7) |
| --- | --- |

—

Bosnia and Herzegovina (7)

| — | Serbia (8) |
| --- | --- |

—

Serbia (8)

| — | Georgia (9) |
| --- | --- |

—

Georgia (9)

| — | Moldova (10) |
| --- | --- |

—

Moldova (10)

| — | South Africa (11) |
| --- | --- |

—

South Africa (11)

| — | CARIFORUM (12) |
| --- | --- |

—

CARIFORUM (12)

| — | Ukraine (13) |
| --- | --- |

—

Ukraine (13)

| — | Switzerland (14) |
| --- | --- |

—

Switzerland (14)

| — | Armenia (15) |
| --- | --- |

—

Armenia (15)

| — | Australia (16) |
| --- | --- |

—

Australia (16)

| — | Chile (17) |
| --- | --- |

—

Chile (17)

| — | Canada (18) |
| --- | --- |

—

Canada (18)

| — | United States (19) |
| --- | --- |

—

United States (19)

| — | Albania (20) |
| --- | --- |

—

Albania (20)

| — | Japan (21) |
| --- | --- |

—

Japan (21)

| (c) | in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product; |
| --- | --- |

(c)

in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;

| (d) | jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice; |
| --- | --- |

(d)

jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice;

| (e) | or if they can give details from which it can be concluded that the name for which protection is considered is generic. |
| --- | --- |

(e)

or if they can give details from which it can be concluded that the name for which protection is considered is generic.

The criteria referred to above shall be evaluated in relation to the territory of the Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected. The eventual protection of these names in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.

Geographical Indication from Azerbaijan to be protected as geographical indications in the European Union for agricultural products, foodstuffs and wines
   (22)

| Name to be protected in Azeri | Transcription in Latin characters | Type of product |
| --- | --- | --- |
| Abşeron | Absheron | Olive dolma |
| Bakı | Baku | Dolma |
| Duzdağ | Duzdagh | Salt |
| İsmayıllı | Ismayilli | Dolma (pip dolma) |
| K

  ng

  rli | Kengerli | Apple dolma |
| L

  k

  ran | Lekoran | Lemon dolma |
| Ordubad | Ordubad | Dolma (gupa dolma) |
| Qax | Gakh | Dry-filled dolma |
| Q

  b

  l | Gabala | Nut, walnut dolma |
| Quba | Guba | Melon dolma |
| Salyan | Salyan | Fish dolma |
| Az

  rbaycan** | Azerbaijan | Wine |
| Meys

  ri** | Meysari | Wine |
| Naxçıvan** | Nakhchivan | Plum |
| Naxçıvan** | Nakhchiıvan | Meat poduct (govurma) |
| Ş

  ki** | Sheki | Confisery (khalva) |
| Zir

  ** | Zira | Olives |
| Zir

  ** | Zira | Tomatoes |

Name to be protected in Azeri

Transcription in Latin characters

Type of product

Abşeron

Absheron

Olive dolma

Bakı

Baku

Dolma

Duzdağ

Duzdagh

Salt

İsmayıllı

Ismayilli

Dolma (pip dolma)

Image 6

Image 7

Kengerli

Apple dolma

Image 8

Image 9

Lekoran

Lemon dolma

Ordubad

Ordubad

Dolma (gupa dolma)

Qax

Gakh

Dry-filled dolma

Image 10

Image 11

Image 12

Gabala

Nut, walnut dolma

Quba

Guba

Melon dolma

Salyan

Salyan

Fish dolma

Image 13

Azerbaijan

Wine

Image 14

Meysari

Wine

Naxçıvan**

Nakhchivan

Plum

Naxçıvan**

Nakhchiıvan

Meat poduct (govurma)

Image 15

Sheki

Confisery (khalva)

Image 16

Zira

Olives

Image 17

Zira

Tomatoes

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(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 347, 20.12.2013, p. 671.

(3)  Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1).

(4)  Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (OJ L 346, 15.12.2012, p. 3).

(5)  Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (OJ L 354, 21.12.2012, p. 3), and Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, p. 3).

(6)  Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (OJ L 108, 29.4.2010, p. 3).

(7)  Stabilisation and Association Agreement between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 164, 30.6.2015, p. 2).

(8)  Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 16).

(9)  Council Decision 2012/164/EU of 14 February 2012 on the conclusion of the Agreement between the European Union and Georgia on the protection of geographical indications of agricultural products and foodstuffs (OJ L 93, 30.3.2012, p. 1).

(10)  Council Decision 2013/7/EU of 3 December 2012 on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (OJ L 10, 15.1.2013, p. 1).

(11)  Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (OJ L 250, 16.9.2016, p. 3).

(12)  Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (OJ L 289, 30.10.2008, p. 3).

(13)  Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014, p. 3).

(14)  Decision of the Council, and of the Commission 2002/309/EC as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation, and in particular the Agreement between the European Community and the Swiss Confederation on trade in Agricultural products (OJ L 114, 30.4.2002, p. 132).

(15)  Comprehensive And Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (OJ L 23, 26.1.2018, p. 4).

(16)  Council Decision 2009/49/EC of 28 November 2008 concerning the conclusion of an Agreement between the European Community and Australia on trade in wine (OJ L 28, 30.1.2009, p. 1).

(17)  Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (OJ L 352, 30.12.2002, p. 1).

(18)  Council Decision 2004/91/EC of 30 July 2003 on the conclusion of the Agreement between the European Community and Canada on trade in wines and spirit drinks (OJ L 35, 6.2.2004, p. 1).

(19)  Council Decision 2006/232/EC of 20 December 2005 on the conclusion of the Agreement between the European Community and the United States of America on trade in wine (OJ L 87, 24.3.2006, p. 1).

(20)  Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (OJ L 107, 28.4.2009, p. 166).

(21)  Council Decision (EU) 2018/1907 of 20 December 2018 on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership (OJ L 330, 27.12.2018, p. 1).

(22)  List provided by the Azeri authorities in the framework of the ongoing negotiations, registered in Azerbaijan or in the process of being registered (**).

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