# Official Journal C 272/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.272.eng |
| --- | --- |
| Official Journal
  of the European Union | C 272 |
| | |
| English edition | Information and Notices | Volume 538 October 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.272.eng

Official Journal

of the European Union

C 272

English edition

Information and Notices

Volume 538 October 2010

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | Council |
| 2010/C 272/01 | Notice for the attention of the persons to which measures provided for in Council Decision 2010/603/CFSP and in Council Regulation (EC) No 1763/2004 apply | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

Council

2010/C 272/01

Notice for the attention of the persons to which measures provided for in Council Decision 2010/603/CFSP and in Council Regulation (EC) No 1763/2004 apply

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 272/02 | Non-opposition to a notified concentration (Case COMP/M.5956 — EADS/OPIP/JV) (
  1
  ) | 2 |
| 2010/C 272/03 | Non-opposition to a notified concentration (Case COMP/M.5655 — SNCF/LCR/Eurostar) (
  1
  ) | 2 |
| 2010/C 272/04 | Non-opposition to a notified concentration (Case COMP/M.5946 — Banco Popular/Credit Mutuel/BPH) (
  1
  ) | 3 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 272/02

Non-opposition to a notified concentration (Case COMP/M.5956 — EADS/OPIP/JV) (
  1
  )

1

2

2010/C 272/03

Non-opposition to a notified concentration (Case COMP/M.5655 — SNCF/LCR/Eurostar) (
  1
  )

1

2

2010/C 272/04

Non-opposition to a notified concentration (Case COMP/M.5946 — Banco Popular/Credit Mutuel/BPH) (
  1
  )

1

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 272/05 | Euro exchange rates | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 272/05

Euro exchange rates

4

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2010/C 272/06 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China | 5 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 272/07 | Prior notification of a concentration (Case COMP/M.5993 — Securitas/Reliance Security Services/Reliance Security Services Scotland) (
  1
  ) | 10 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2010/C 272/06

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China

5

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 272/07

Prior notification of a concentration (Case COMP/M.5993 — Securitas/Reliance Security Services/Reliance Security Services Scotland) (
  1
  )

1

10

| | Corrigenda |
| --- | --- |
| 2010/C 272/08 | Corrigendum to Commission communication in the framework of the implementation of Commission Regulation (EC) No 643/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances (OJ C 16, 22.1.2010) | 11 |

Corrigenda

2010/C 272/08

Corrigendum to Commission communication in the framework of the implementation of Commission Regulation (EC) No 643/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances (OJ C 16, 22.1.2010)

11

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

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(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

OPINIONS

Council

| 8.10.2010 | EN | Official Journal of the European Union | C 272/1 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/1

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Notice for the attention of the persons to which measures provided for in Council Decision 2010/603/CFSP and in Council Regulation (EC) No 1763/2004 apply

2010/C 272/01

COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons that appear in Annex I to Council Decision 2010/603/CFSP and in Annex I to Council Regulation (EC) No 1763/2004.

The Council of the European Union has determined that the persons that appear in the above-mentioned Annex continue to fulfil the criterion set out in Council Decision 2010/603/CFSP and in Council Regulation (EC) No 1763/2004 concerning further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia, and they should consequently remain subject to the measures as renewed by Decision 2010/603/CFSP.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EC) No 1763/2004, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| Rue de la Loi 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

Rue de la Loi 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.10.2010 | EN | Official Journal of the European Union | C 272/2 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/2

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Non-opposition to a notified concentration

(Case COMP/M.5956 — EADS/OPIP/JV)

(Text with EEA relevance)

2010/C 272/02

On 23 September 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32010M5956. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5956. EUR-Lex is the on-line access to the European law.

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| 8.10.2010 | EN | Official Journal of the European Union | C 272/2 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/2

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Non-opposition to a notified concentration

(Case COMP/M.5655 — SNCF/LCR/Eurostar)

(Text with EEA relevance)

2010/C 272/03

On 17 June 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32010M5655. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5655. EUR-Lex is the on-line access to the European law.

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| 8.10.2010 | EN | Official Journal of the European Union | C 272/3 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/3

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Non-opposition to a notified concentration

(Case COMP/M.5946 — Banco Popular/Credit Mutuel/BPH)

(Text with EEA relevance)

2010/C 272/04

On 1 October 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32010M5946. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5946. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 8.10.2010 | EN | Official Journal of the European Union | C 272/4 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/4

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Euro exchange rates (1)

7 October 2010

2010/C 272/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3970 |
| JPY | Japanese yen | 115,10 |
| DKK | Danish krone | 7,4561 |
| GBP | Pound sterling | 0,87465 |
| SEK | Swedish krona | 9,3208 |
| CHF | Swiss franc | 1,3415 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0830 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,518 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 273,33 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7090 |
| PLN | Polish zloty | 3,9655 |
| RON | Romanian leu | 4,2648 |
| TRY | Turkish lira | 1,9823 |
| AUD | Australian dollar | 1,4132 |
| CAD | Canadian dollar | 1,4120 |
| HKD | Hong Kong dollar | 10,8333 |
| NZD | New Zealand dollar | 1,8445 |
| SGD | Singapore dollar | 1,8246 |
| KRW | South Korean won | 1 558,32 |
| ZAR | South African rand | 9,6183 |
| CNY | Chinese yuan renminbi | 9,3298 |
| HRK | Croatian kuna | 7,3188 |
| IDR | Indonesian rupiah | 12 467,70 |
| MYR | Malaysian ringgit | 4,3195 |
| PHP | Philippine peso | 60,670 |
| RUB | Russian rouble | 41,5745 |
| THB | Thai baht | 41,714 |
| BRL | Brazilian real | 2,3390 |
| MXN | Mexican peso | 17,4122 |
| INR | Indian rupee | 61,7684 |

Currency

Exchange rate

USD

US dollar

1,3970

JPY

Japanese yen

115,10

DKK

Danish krone

7,4561

GBP

Pound sterling

0,87465

SEK

Swedish krona

9,3208

CHF

Swiss franc

1,3415

ISK

Iceland króna

NOK

Norwegian krone

8,0830

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,518

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

273,33

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7090

PLN

Polish zloty

3,9655

RON

Romanian leu

4,2648

TRY

Turkish lira

1,9823

AUD

Australian dollar

1,4132

CAD

Canadian dollar

1,4120

HKD

Hong Kong dollar

10,8333

NZD

New Zealand dollar

1,8445

SGD

Singapore dollar

1,8246

KRW

South Korean won

1 558,32

ZAR

South African rand

9,6183

CNY

Chinese yuan renminbi

9,3298

HRK

Croatian kuna

7,3188

IDR

Indonesian rupiah

12 467,70

MYR

Malaysian ringgit

4,3195

PHP

Philippine peso

60,670

RUB

Russian rouble

41,5745

THB

Thai baht

41,714

BRL

Brazilian real

2,3390

MXN

Mexican peso

17,4122

INR

Indian rupee

61,7684

---

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 8.10.2010 | EN | Official Journal of the European Union | C 272/5 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/5

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China

2010/C 272/06

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of certain magnesia bricks originating in the People's Republic of China (country concerned), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (the basic Regulation).

1.   Request for review

The request was lodged on 9 July 2010 by the Magnesia Bricks Production Defence Coalition (MBPDC) (the applicant) on behalf of producers representing a major proportion, in this case more than 25 % of the Union production of certain magnesia bricks.

2.   Product

The product under review is chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, originating in the People's Republic of China (the product concerned), currently falling within CN codes ex 6815 91 00 (TARIC code 6815910010), ex 6815 99 10 (TARIC code 6815991020) and ex 6815 99 90 (TARIC code 6815999020).

3.   Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1659/2005 (3), as last amended by Council Regulations (EC) No 825/2009 (4) and (EC) No 826/2009 (5).

4.   Grounds for the review

The request is based on the grounds that the expiry of the measures would be likely to result in a continuation of dumping and injury to the Union industry.

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the exporting producers from the People's Republic of China which were not granted market economy treatment during the investigation leading to the measures in force on the basis of a constructed normal value in an appropriate market economy country, which is mentioned in point 5.1(d) of this notice. For those exporting producers from the country concerned which were granted market economy treatment during the investigation leading to the measures in force or a subsequent investigation, normal value has been established on the basis of domestic sales prices in the People's Republic of China. The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentences, with the export prices of the product concerned when sold for export to the European Union.

On this basis, the dumping margins calculated are significant.

The applicant has provided evidence that imports of the product concerned from the People's Republic of China have remained significant in absolute terms and in terms of market share.

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

The applicant further alleges the likelihood of further injurious dumping. In this respect the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the potential of the manufacturing facilities of the exporting producers in the country concerned.

In addition, it is alleged that the situation of the Union industry as described above is such that any further substantial increase of imports at dumped prices from the country concerned would be likely to cause further injury of the Union industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

5.1.   
  Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation of dumping and injury.

(a)   Sampling

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

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

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

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

—

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

| — | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 July 2009 to 30 June 2010 for each of the 27 Member States (6) separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Union during the period 1 July 2009 to 30 June 2010 for each of the 27 Member States (6) separately and in total,

| — | the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 July 2009 to 30 June 2010, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 July 2009 to 30 June 2010,

| — | the turnover in local currency and the volume in tonnes for the product concerned sold to other third countries during the period 1 July 2009 to 30 June 2010, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes for the product concerned sold to other third countries during the period 1 July 2009 to 30 June 2010,

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

—

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

| — | the names and the precise activities of all related companies (7) involved in the production and/or sales (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (7) involved in the production and/or sales (export and/or domestic) of the product concerned,

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

—

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

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

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

(ii)   Sampling for importers

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

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

—

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

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

—

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

| — | the volume in tonnes and value in EUR of imports into and resales made on the Union market during the period 1 July 2009 to 30 June 2010 of the imported product concerned originating in the People's Republic of China, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made on the Union market during the period 1 July 2009 to 30 June 2010 of the imported product concerned originating in the People's Republic of China,

| — | the names and the precise activities of all related companies (8) involved in the production and/or sales of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (8) involved in the production and/or sales of the product concerned,

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

—

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

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

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

(iii)   Sampling for Union producers

In view of the large number of Union producers supporting the request, the Commission intends to investigate injury to the Union industry by applying sampling.

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

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

—

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

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

—

the precise activities of the company worldwide with regard to the like product,

| — | the value in EUR of sales of the like product made on the Union market during the period 1 July 2009 to 30 June 2010, |
| --- | --- |

—

the value in EUR of sales of the like product made on the Union market during the period 1 July 2009 to 30 June 2010,

| — | the volume in tonnes of sales of the like product made on the Union market during the period 1 July 2009 to 30 June 2010, |
| --- | --- |

—

the volume in tonnes of sales of the like product made on the Union market during the period 1 July 2009 to 30 June 2010,

| — | the volume in tonnes of the production of the like product during the period 1 July 2009 to 30 June 2010, |
| --- | --- |

—

the volume in tonnes of the production of the like product during the period 1 July 2009 to 30 June 2010,

| — | the volume in tonnes imported into the Union of the product concerned produced in the People's Republic of China during the period 1 July 2009 to 30 June 2010, if applicable, |
| --- | --- |

—

the volume in tonnes imported into the Union of the product concerned produced in the People's Republic of China during the period 1 July 2009 to 30 June 2010, if applicable,

| — | the names and the precise activities of all related companies (9) involved in the production and/or sales of the like product (produced in the Union) and the product concerned (produced in the People's Republic of China), |
| --- | --- |

—

the names and the precise activities of all related companies (9) involved in the production and/or sales of the like product (produced in the Union) and the product concerned (produced in the People's Republic of China),

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

—

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

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

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

(iv)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of producers in the Union, to the sampled exporters/producers in the People's Republic of China and to any known association of exporters/producers, to the sampled importers, to any known association of importers, and to the authorities of the country concerned.

(c)   Collection of information and holding of hearings

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

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

(d)   Selection of the market economy country

In the previous investigation the United States of America was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. The Commission envisages using the United States of America again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(c).

5.2.   
  Procedure for the assessment of Union interest

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

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire or other claim forms as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

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

(iii)   Hearings

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

(b)   Specific time limit in respect of sampling

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

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

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

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

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

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (10) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N-105 04/92 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/92

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

8.   Non-cooperation

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

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

9.   Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

10.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any party to the proceeding considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review in accordance with Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

11.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (11).

12.   Hearing Officer

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

---

(1)  OJ C 111, 30.4.2010, p. 29.

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

(3)  OJ L 267, 12.10.2005, p. 1.

(4)  OJ L 240, 11.9.2009, p. 1.

(5)  OJ L 240, 11.9.2009, p. 7.

(6)  The 27 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland.

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

(8)  See footnote 7.

(9)  See footnote 7.

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

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

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 8.10.2010 | EN | Official Journal of the European Union | C 272/10 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/10

---

Prior notification of a concentration

(Case COMP/M.5993 — Securitas/Reliance Security Services/Reliance Security Services Scotland)

(Text with EEA relevance)

2010/C 272/07

| 1. | On 1 October 2010, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Securitas AB (‘Securitas’, Sweden), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertakings Reliance Security Services Ltd and Reliance Security Services (Scotland) Ltd (together ‘RSS’, United Kingdom) by way of the purchase of shares. |
| --- | --- |

1.

On 1 October 2010, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Securitas AB (‘Securitas’, Sweden), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertakings Reliance Security Services Ltd and Reliance Security Services (Scotland) Ltd (together ‘RSS’, United Kingdom) by way of the purchase of shares.

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






  — | Securitas: The provision of security services mainly in Europe and North America, and, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Securitas: The provision of security services mainly in Europe and North America, and,

| — | RSS: Provision of security services in the United Kingdom comprising manned guarding, and aviation security. |
| --- | --- |

—

RSS: Provision of security services in the United Kingdom comprising manned guarding, and aviation security.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5993 — Securitas/Reliance Security Services/Reliance Security Services Scotland, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5993 — Securitas/Reliance Security Services/Reliance Security Services Scotland, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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Corrigenda

| 8.10.2010 | EN | Official Journal of the European Union | C 272/11 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/11

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Corrigendum to Commission communication in the framework of the implementation of Commission Regulation (EC) No 643/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances

(
  Official Journal of the European Union C 16 of 22 January 2010
  )

2010/C 272/08

On page 20, point 1, ‘Publication of titles and references of transitional methods of measurement for the implementation of Regulation (EC) No 643/2009 and, in particular, Annex III thereof’, the part of the table concerning ‘Noise’ is replaced by the following:

| Measured parameter | Organisation | Reference | Title |
| --- | --- | --- | --- |
| ‘Noise | International Electro-technical Commission | IEC 60704-1 | Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 1: General requirements |
| IEC 60704-2-14 | Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 2-14: Particular requirements for refrigerators, frozen-food storage cabinets and food freezers |
| IEC 60704-3 | Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 3: Procedure for determining and verifying declared noise emission values’ |

Measured parameter

Organisation

Reference

Title

‘Noise

International Electro-technical Commission

IEC 60704-1

Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 1: General requirements

IEC 60704-2-14

Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 2-14: Particular requirements for refrigerators, frozen-food storage cabinets and food freezers

IEC 60704-3

Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 3: Procedure for determining and verifying declared noise emission values’

---