# Official Journal C 397/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 397 |
| | |
| English edition | Information and Notices | Volume 5828 November 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 397

English edition

Information and Notices

Volume 5828 November 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 397/01 | Non-opposition to a notified concentration (Case M.7821 — Ardian France/Solina) (
  1
  ) | 1 |
| 2015/C 397/02 | Non-opposition to a notified concentration (Case M.7790 — Carrefour Group/Rue du Commerce) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 397/01

Non-opposition to a notified concentration (Case M.7821 — Ardian France/Solina) (
  1
  )

1

1

2015/C 397/02

Non-opposition to a notified concentration (Case M.7790 — Carrefour Group/Rue du Commerce) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| 2015/C 397/03 | Decision of the Bureau of the European Parliament of 26 October 2015 amending the Implementing Measures for the Statute for Members of the European Parliament | 2 |
| | European Commission |
| 2015/C 397/04 | Euro exchange rates | 9 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

2015/C 397/03

Decision of the Bureau of the European Parliament of 26 October 2015 amending the Implementing Measures for the Statute for Members of the European Parliament

2

European Commission

2015/C 397/04

Euro exchange rates

9

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2015/C 397/05 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of high tenacity yarn of polyesters originating in the People's Republic of China | 10 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 397/06 | Prior notification of a concentration (Case M.7872 — Novartis/GSK (Ofatumumab Autoimmune Indications)) (
  1
  ) | 20 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2015/C 397/05

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of high tenacity yarn of polyesters originating in the People's Republic of China

10

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 397/06

Prior notification of a concentration (Case M.7872 — Novartis/GSK (Ofatumumab Autoimmune Indications)) (
  1
  )

1

20

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 28.11.2015 | EN | Official Journal of the European Union | C 397/1 |
| --- | --- | --- | --- |

28.11.2015

EN

Official Journal of the European Union

C 397/1

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Non-opposition to a notified concentration

(Case M.7821 — Ardian France/Solina)

(Text with EEA relevance)

(2015/C 397/01)

On 24 November 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language 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 32015M7821. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7821. EUR-Lex is the online access to the European law.

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

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| 28.11.2015 | EN | Official Journal of the European Union | C 397/1 |
| --- | --- | --- | --- |

28.11.2015

EN

Official Journal of the European Union

C 397/1

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Non-opposition to a notified concentration

(Case M.7790 — Carrefour Group/Rue du Commerce)

(Text with EEA relevance)

(2015/C 397/02)

On 24 November 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in French language 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 32015M7790. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7790. EUR-Lex is the online access to the European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

| 28.11.2015 | EN | Official Journal of the European Union | C 397/2 |
| --- | --- | --- | --- |

28.11.2015

EN

Official Journal of the European Union

C 397/2

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DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT

of 26 October 2015

amending the Implementing Measures for the Statute for Members of the European Parliament

(2015/C 397/03)

THE BUREAU OF THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(2) thereof,

Having regard to the Statute for Members of the European Parliament (1) (‘the Statute’),

Having regard to Rules 10 and 25 of the Rules of Procedure of the European Parliament,

Whereas:

| (1) | In the light of the experience gained in implementing the rules on accredited and local assistants during the seventh legislative term, a number of changes need to be made to the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’). The main purpose of those changes is to clarify certain rules, remedy shortcomings that have become apparent during the application of the Implementing Measures and improve administration. |
| --- | --- |

(1)

In the light of the experience gained in implementing the rules on accredited and local assistants during the seventh legislative term, a number of changes need to be made to the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’). The main purpose of those changes is to clarify certain rules, remedy shortcomings that have become apparent during the application of the Implementing Measures and improve administration.

| (2) | The defrayal of parliamentary assistance expenses should be restricted to expenses incurred over the 30-day period preceding the date of submission of the application for defrayal to the relevant Parliament department. This will allow applications to be rejected where they have been submitted too late for it to be possible to check that the services declared were actually provided and that national social security and labour law has been complied with. |
| --- | --- |

(2)

The defrayal of parliamentary assistance expenses should be restricted to expenses incurred over the 30-day period preceding the date of submission of the application for defrayal to the relevant Parliament department. This will allow applications to be rejected where they have been submitted too late for it to be possible to check that the services declared were actually provided and that national social security and labour law has been complied with.

| (3) | The maximum amount defrayable in respect of parliamentary assistance has remained unchanged since 2011, despite the increases in Parliament's powers. That amount should therefore be increased by EUR 1 500 to EUR 22 879 per month. Provision for the appropriations required for this increase was made in Parliament's resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure for the financial year 2016. |
| --- | --- |

(3)

The maximum amount defrayable in respect of parliamentary assistance has remained unchanged since 2011, despite the increases in Parliament's powers. That amount should therefore be increased by EUR 1 500 to EUR 22 879 per month. Provision for the appropriations required for this increase was made in Parliament's resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure for the financial year 2016.

| (4) | The principle of transparency is enshrined in Article 15 of the Treaty on the Functioning of the European Union, and its importance was highlighted inter alia by the European Ombudsman in a letter of 30 September 2002 to the President of the Commission. In the light of that principle, full details should be published, throughout the duration of their contracts, of the names of the trainees as well as the names and corporate names of service providers and paying agents in respect of which parliamentary assistance expenses are defrayed. |
| --- | --- |

(4)

The principle of transparency is enshrined in Article 15 of the Treaty on the Functioning of the European Union, and its importance was highlighted inter alia by the European Ombudsman in a letter of 30 September 2002 to the President of the Commission. In the light of that principle, full details should be published, throughout the duration of their contracts, of the names of the trainees as well as the names and corporate names of service providers and paying agents in respect of which parliamentary assistance expenses are defrayed.

| (5) | In its abovementioned resolution of 29 April 2015, Parliament called for a better balance to be struck between accredited parliamentary assistants and local assistants. To that end, 25 % of the parliamentary assistance allocation should be set aside for accredited parliamentary assistants' pay and expenditure on local assistants, service providers and paying agents should accordingly be capped at 75 % of the allocation. |
| --- | --- |

(5)

In its abovementioned resolution of 29 April 2015, Parliament called for a better balance to be struck between accredited parliamentary assistants and local assistants. To that end, 25 % of the parliamentary assistance allocation should be set aside for accredited parliamentary assistants' pay and expenditure on local assistants, service providers and paying agents should accordingly be capped at 75 % of the allocation.

| (6) | The salaries and fees of local assistants should be made subject to ceilings in keeping with the principles contained in the recommendations made by the Temporary Evaluation Group on the Implementation of the Members' and Assistants' Statutes and experience of the application of those recommendations since 2012, with the aim of limiting the risk of pay diverging excessively from the average pay in the Member States, out of all proportion to the tasks performed. The pay ceilings should be set for each Member State with reference to the average gross annual pay recorded by Eurostat for the Member State concerned, multiplied by three. The ceilings thus calculated should however be no lower than the basic pay of an accredited parliamentary assistant in grade 6 and no higher than that of an accredited parliamentary assistant in grade 19. The Bureau should be able to adjust the reference ceilings, which should be published on Parliament's internet site. |
| --- | --- |

(6)

The salaries and fees of local assistants should be made subject to ceilings in keeping with the principles contained in the recommendations made by the Temporary Evaluation Group on the Implementation of the Members' and Assistants' Statutes and experience of the application of those recommendations since 2012, with the aim of limiting the risk of pay diverging excessively from the average pay in the Member States, out of all proportion to the tasks performed. The pay ceilings should be set for each Member State with reference to the average gross annual pay recorded by Eurostat for the Member State concerned, multiplied by three. The ceilings thus calculated should however be no lower than the basic pay of an accredited parliamentary assistant in grade 6 and no higher than that of an accredited parliamentary assistant in grade 19. The Bureau should be able to adjust the reference ceilings, which should be published on Parliament's internet site.

| (7) | The remuneration of paying agents should be regulated by setting it at a level no higher than 10 % of the sums the agent is responsible for paying, subject to an overall ceiling of 4 % of the allocation for parliamentary assistance expenses. |
| --- | --- |

(7)

The remuneration of paying agents should be regulated by setting it at a level no higher than 10 % of the sums the agent is responsible for paying, subject to an overall ceiling of 4 % of the allocation for parliamentary assistance expenses.

| (8) | In the light of experience gained, the nature and content of the documents to be supplied when applying for the defrayal of the cost of local assistants' employment contracts need to be specified. In particular, the relevant Parliament department should be provided with a detailed job description, details of the place of performance of the contract, a certified true copy of an identity document, proof of place of residence, proof of qualifications and professional experience and a declaration that there is no conflict of interest. |
| --- | --- |

(8)

In the light of experience gained, the nature and content of the documents to be supplied when applying for the defrayal of the cost of local assistants' employment contracts need to be specified. In particular, the relevant Parliament department should be provided with a detailed job description, details of the place of performance of the contract, a certified true copy of an identity document, proof of place of residence, proof of qualifications and professional experience and a declaration that there is no conflict of interest.

| (9) | At the time of each annual regularisation of accounts relating to expenditure on local assistants covered by an employment contract, paying agents should be required to supply documents such as evidence of membership of a social security scheme or of accident insurance cover. Indeed, Members are, in general, dependent on the national authorities for the issue of such documents, and those authorities are often unable to issue them within the currently applicable deadlines. |
| --- | --- |

(9)

At the time of each annual regularisation of accounts relating to expenditure on local assistants covered by an employment contract, paying agents should be required to supply documents such as evidence of membership of a social security scheme or of accident insurance cover. Indeed, Members are, in general, dependent on the national authorities for the issue of such documents, and those authorities are often unable to issue them within the currently applicable deadlines.

| (10) | In the light of experience gained, certain requirements applicable to local assistants under an employment contract need to be clarified, in particular those relating to the distance between their place of residence and workplace, the performance of outside activities and standing for election. |
| --- | --- |

(10)

In the light of experience gained, certain requirements applicable to local assistants under an employment contract need to be clarified, in particular those relating to the distance between their place of residence and workplace, the performance of outside activities and standing for election.

| (11) | A specific procedure based on the principles applicable to public contracts established in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (3) should be laid down for the defrayal of the cost of services worth more than EUR 500. In such cases, applications for defrayal should be submitted together with an estimate and a draft contract clearly defining the nature of the services to be provided. Furthermore, in the case of services worth more than EUR 60 000, it should be demonstrated that the most economically advantageous of at least three tenders has been chosen. |
| --- | --- |

(11)

A specific procedure based on the principles applicable to public contracts established in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (3) should be laid down for the defrayal of the cost of services worth more than EUR 500. In such cases, applications for defrayal should be submitted together with an estimate and a draft contract clearly defining the nature of the services to be provided. Furthermore, in the case of services worth more than EUR 60 000, it should be demonstrated that the most economically advantageous of at least three tenders has been chosen.

| (12) | The provisions on conflicts of interest should be amended in order to clarify the ban on financing political activities or personal expenditure. |
| --- | --- |

(12)

The provisions on conflicts of interest should be amended in order to clarify the ban on financing political activities or personal expenditure.

| (13) | Additionally, it is appropriate to introduce certain modifications to Article 46 of the Implementing Measures related to the expiry of the entitlement to the transitional allowance for Members assuming a mandate in another parliament or taking public office, considering the experience gained at the end of the seventh parliamentary term and the need to fully reflect in the Implementing Measures the objectives and context of the relevant provisions of the Statute, in particular Articles 9(2), 11 and 13, taking into account the principle of the prohibition of accumulation of payments from public funds; consequently, the amounts received by a Member for the exercise of a mandate in another parliament or a public office, excluding any reimbursement of expenses actually incurred, will be offset against the European Parliament transitional allowance as currently provided for in the case of parallel salaries by Article 11 of the Statute. That new regime should, in order to allow for a consistent implementation thereof, apply from the start of the current parliamentary term, |
| --- | --- |

(13)

Additionally, it is appropriate to introduce certain modifications to Article 46 of the Implementing Measures related to the expiry of the entitlement to the transitional allowance for Members assuming a mandate in another parliament or taking public office, considering the experience gained at the end of the seventh parliamentary term and the need to fully reflect in the Implementing Measures the objectives and context of the relevant provisions of the Statute, in particular Articles 9(2), 11 and 13, taking into account the principle of the prohibition of accumulation of payments from public funds; consequently, the amounts received by a Member for the exercise of a mandate in another parliament or a public office, excluding any reimbursement of expenses actually incurred, will be offset against the European Parliament transitional allowance as currently provided for in the case of parallel salaries by Article 11 of the Statute. That new regime should, in order to allow for a consistent implementation thereof, apply from the start of the current parliamentary term,

HAS ADOPTED THIS DECISION:

Article 1

The Implementing Measures are amended as follows:

| 1. | Article 33 is amended as follows:






  (a) | paragraph 3 is replaced by the following:
  ‘3.   Expenses shall be defrayable for the duration of a Member's term of office. Only expenses incurred at the most 30 days before the application for defrayal is submitted in accordance with this chapter can be defrayed.’; |
| --- | --- | --- |

1.

Article 33 is amended as follows:

(a)

paragraph 3 is replaced by the following:

‘3.   Expenses shall be defrayable for the duration of a Member's term of office. Only expenses incurred at the most 30 days before the application for defrayal is submitted in accordance with this chapter can be defrayed.’;

| (b) | paragraph 4 is replaced by the following:
  ‘4.   The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 34 shall be EUR 22 879 with effect from 1 January 2016.’. |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 34 shall be EUR 22 879 with effect from 1 January 2016.’.

| 2. | Article 34 is amended as follows:






  (a) | paragraph 2 is replaced by the following:
  ‘2.   Several Members may, by written agreement, form a grouping in order jointly to employ or to use the services of one or more assistants as referred to in paragraph 1. In this case, the Members concerned shall designate from amongst their number the Member(s) authorised to sign the contract, or to submit a request for recruitment, on behalf of the grouping.
  Members shall submit a written declaration to the relevant department laying down the respective shares to be deducted from the amount provided for in Article 33(4).’; |
| --- | --- | --- |

2.

Article 34 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.   Several Members may, by written agreement, form a grouping in order jointly to employ or to use the services of one or more assistants as referred to in paragraph 1. In this case, the Members concerned shall designate from amongst their number the Member(s) authorised to sign the contract, or to submit a request for recruitment, on behalf of the grouping.

Members shall submit a written declaration to the relevant department laying down the respective shares to be deducted from the amount provided for in Article 33(4).’;

| (b) | paragraph 5 is replaced by the following:
  ‘5.   Members may also make use of natural or legal persons providing services in order to obtain occasional and clearly identified services directly linked to the exercise of their parliamentary mandate, in accordance with the conditions laid down in this chapter.’; |
| --- | --- |

(b)

paragraph 5 is replaced by the following:

‘5.   Members may also make use of natural or legal persons providing services in order to obtain occasional and clearly identified services directly linked to the exercise of their parliamentary mandate, in accordance with the conditions laid down in this chapter.’;

| (c) | paragraphs 7 and 8 are replaced by the following:
  ‘7.   The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance.
  8.   The names of assistants and trainees as well as the names or corporate names of service providers and of paying agents shall, for the duration of their contract, be published on the website of the European Parliament, together with the name of the Member or Members they assist.
  Those assistants, trainees, service providers and paying agents may, on the duly justified ground of protection of their safety, request in writing that their name or corporate name not be published on the European Parliament's website. The Secretary-General shall decide whether to grant such a request.’; |
| --- | --- |

(c)

paragraphs 7 and 8 are replaced by the following:

‘7.   The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance.

8.   The names of assistants and trainees as well as the names or corporate names of service providers and of paying agents shall, for the duration of their contract, be published on the website of the European Parliament, together with the name of the Member or Members they assist.

Those assistants, trainees, service providers and paying agents may, on the duly justified ground of protection of their safety, request in writing that their name or corporate name not be published on the European Parliament's website. The Secretary-General shall decide whether to grant such a request.’;

| (d) | the following paragraphs are added:
  ‘9.   The number of contracts between a Member and accredited assistants in force at any given time may not exceed three, regardless of the duration of work provided for in those contracts. This limit may be increased to four if an exemption is expressly granted by the President of Parliament following verification by the relevant department that the Member concerned has sufficient office space to comply with the standards applicable to the use of Parliament's buildings, taking into account also the number of trainees that may be present.
  10.   At least 25 % of the amount provided for in Article 33(4) shall be earmarked for meeting costs arising under Title VII of the Conditions of Employment of Other Servants of the European Union. Therefore, all costs in respect of parliamentary assistance expenses other than those arising under Title VII of the Conditions of Employment of Other Servants of the European Union may not together exceed 75 % of the amount provided for in Article 33(4).
  Moreover, the expenses in relation to the provision of services referred to in Article 34 may not exceed 25 % of the amount provided for in Article 33(4).
  These limits shall be calculated on the cumulative basis per financial year of the monthly entitlements provided for in Article 33(4), plus any unused balance carried over to the following financial year under Article 33(6), on a pro rata basis.
  11.   Parliament shall defray expenses of local assistants for gross earnings or fees net of VAT up to monthly ceilings which shall be established by the Bureau in accordance with paragraph 12. The ceilings may be adapted by the Bureau annually. The applicable ceilings shall be published on Parliament's website.
  12.   The ceilings shall correspond to three times the reference amount. The reference amount shall be one twelfth of the amount published by Eurostat as being the average gross annual pay of persons in full-time employment in the Member State of election of the Member concerned.
  However, the ceilings calculated in this way cannot be less than the basic pay of a grade 6 accredited parliamentary assistant or more than that of a grade 19 accredited parliamentary assistant.
  Any bonus shall be defrayed only up to the aforementioned ceilings calculated on an annual basis.
  The ceilings shall be reduced pro rata where the local assistant works part-time or where the local assistant does not work a full month.’. |
| --- | --- |

(d)

the following paragraphs are added:

‘9.   The number of contracts between a Member and accredited assistants in force at any given time may not exceed three, regardless of the duration of work provided for in those contracts. This limit may be increased to four if an exemption is expressly granted by the President of Parliament following verification by the relevant department that the Member concerned has sufficient office space to comply with the standards applicable to the use of Parliament's buildings, taking into account also the number of trainees that may be present.

10.   At least 25 % of the amount provided for in Article 33(4) shall be earmarked for meeting costs arising under Title VII of the Conditions of Employment of Other Servants of the European Union. Therefore, all costs in respect of parliamentary assistance expenses other than those arising under Title VII of the Conditions of Employment of Other Servants of the European Union may not together exceed 75 % of the amount provided for in Article 33(4).

Moreover, the expenses in relation to the provision of services referred to in Article 34 may not exceed 25 % of the amount provided for in Article 33(4).

These limits shall be calculated on the cumulative basis per financial year of the monthly entitlements provided for in Article 33(4), plus any unused balance carried over to the following financial year under Article 33(6), on a pro rata basis.

11.   Parliament shall defray expenses of local assistants for gross earnings or fees net of VAT up to monthly ceilings which shall be established by the Bureau in accordance with paragraph 12. The ceilings may be adapted by the Bureau annually. The applicable ceilings shall be published on Parliament's website.

12.   The ceilings shall correspond to three times the reference amount. The reference amount shall be one twelfth of the amount published by Eurostat as being the average gross annual pay of persons in full-time employment in the Member State of election of the Member concerned.

However, the ceilings calculated in this way cannot be less than the basic pay of a grade 6 accredited parliamentary assistant or more than that of a grade 19 accredited parliamentary assistant.

Any bonus shall be defrayed only up to the aforementioned ceilings calculated on an annual basis.

The ceilings shall be reduced pro rata where the local assistant works part-time or where the local assistant does not work a full month.’.

| 3. | In Article 35, paragraph 3 is replaced by the following:
  ‘3.   A Member shall conclude an individual contract with a paying agent of his or her choice who fulfils the requirement laid down in paragraph 2.
  Expenses incurred in using paying agent services in accordance with paragraph 1 shall be covered by the amount provided for in Article 33(4) and shall not be subject to the limit laid down in Article 34(10) in respect of services.
  Paying agents' fees, net of VAT, may not exceed 10 % of the salary costs, fees and allowances of local assistants, service providers and trainees, the payment of which is their responsibility, nor 4 % of the amount provided for in Article 33(4).
  Maximum limits on paying agents' fees shall be reviewed on a cumulative basis by calendar year in proportion to the duration of their contract.’. |
| --- | --- |

3.

In Article 35, paragraph 3 is replaced by the following:

‘3.   A Member shall conclude an individual contract with a paying agent of his or her choice who fulfils the requirement laid down in paragraph 2.

Expenses incurred in using paying agent services in accordance with paragraph 1 shall be covered by the amount provided for in Article 33(4) and shall not be subject to the limit laid down in Article 34(10) in respect of services.

Paying agents' fees, net of VAT, may not exceed 10 % of the salary costs, fees and allowances of local assistants, service providers and trainees, the payment of which is their responsibility, nor 4 % of the amount provided for in Article 33(4).

Maximum limits on paying agents' fees shall be reviewed on a cumulative basis by calendar year in proportion to the duration of their contract.’.

| 4. | Article 38 is replaced by the following:
  ‘Article 38
  Documents to be submitted in connection with an employment contract
  Applications for defrayal of expenses for an employment contract shall contain:






  (a) | the original employment contract which the Member has concluded with his or her local assistant; |
| --- | --- | --- |

4.

Article 38 is replaced by the following:

‘Article 38

Documents to be submitted in connection with an employment contract

Applications for defrayal of expenses for an employment contract shall contain:

(a)

the original employment contract which the Member has concluded with his or her local assistant;

| (b) | a detailed job description and the precise address at which duties are to be performed; |
| --- | --- |

(b)

a detailed job description and the precise address at which duties are to be performed;

| (c) | a calculation sheet detailing the salaries, employers' and employees' social security contributions and other likely expenses to be paid or defrayed during the calendar year and on termination of the contract and which takes account of the provisions of national law, including those governing minimum wages, and contractual obligations, including any defrayal of mission expenses; |
| --- | --- |

(c)

a calculation sheet detailing the salaries, employers' and employees' social security contributions and other likely expenses to be paid or defrayed during the calendar year and on termination of the contract and which takes account of the provisions of national law, including those governing minimum wages, and contractual obligations, including any defrayal of mission expenses;

| (d) | a certified true copy of a valid identity document of the local assistant; |
| --- | --- |

(d)

a certified true copy of a valid identity document of the local assistant;

| (e) | proof of the place of usual residence of the local assistant; |
| --- | --- |

(e)

proof of the place of usual residence of the local assistant;

| (f) | proof of the qualifications and professional experience of the local assistant; and |
| --- | --- |

(f)

proof of the qualifications and professional experience of the local assistant; and

| (g) | a declaration, duly countersigned by the Member, that throughout the duration of the local assistant's contract, the latter will not engage, directly or indirectly, in any other activities — even those not entitling the assistant to any remuneration — for any organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group, if such activities are such as to interfere with the performance by the assistant of his or her duties in that capacity or to give rise to a conflict of interests.’. |
| --- | --- |

(g)

a declaration, duly countersigned by the Member, that throughout the duration of the local assistant's contract, the latter will not engage, directly or indirectly, in any other activities — even those not entitling the assistant to any remuneration — for any organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group, if such activities are such as to interfere with the performance by the assistant of his or her duties in that capacity or to give rise to a conflict of interests.’.

| 5. | Article 39 is replaced by the following:
  ‘Article 39
  Regularisation of accounts
  1.   For each of the local assistants employed, paying agents shall forward to the relevant department, at the latest by 31 March of the year following the Parliament's financial year in question, statements of the expenses incurred in respect of salaries, tax deductions and employers' and employees' social security contributions and any other defrayable expenses, in particular for the purpose of the regularisation of the advances paid. They shall, in addition, provide evidence that the local assistants in question belong to a social security scheme, indicating the Member as the employer, and a certificate of insurance against work-related accidents where the applicable national law requires such insurance. They shall also certify that all the obligations arising from applicable national law have been met.
  In the event of termination of the contract between the paying agent and the Member and at the end of the Member's mandate, these obligations shall be met within three months at the most.
  The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament's specifications.
  2.   Following verification of the statements referred to in paragraph 1, notification shall be forwarded by the relevant department to the paying agents, with copies to the Member, stating whether or not the payments made are regular and, where appropriate, which documents are missing and must still be submitted.
  Should such notification establish that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant department within one month following the date of notification. Failing that, Parliament shall apply Articles 67 and 68.’. |
| --- | --- |

5.

Article 39 is replaced by the following:

‘Article 39

Regularisation of accounts

1.   For each of the local assistants employed, paying agents shall forward to the relevant department, at the latest by 31 March of the year following the Parliament's financial year in question, statements of the expenses incurred in respect of salaries, tax deductions and employers' and employees' social security contributions and any other defrayable expenses, in particular for the purpose of the regularisation of the advances paid. They shall, in addition, provide evidence that the local assistants in question belong to a social security scheme, indicating the Member as the employer, and a certificate of insurance against work-related accidents where the applicable national law requires such insurance. They shall also certify that all the obligations arising from applicable national law have been met.

In the event of termination of the contract between the paying agent and the Member and at the end of the Member's mandate, these obligations shall be met within three months at the most.

The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament's specifications.

2.   Following verification of the statements referred to in paragraph 1, notification shall be forwarded by the relevant department to the paying agents, with copies to the Member, stating whether or not the payments made are regular and, where appropriate, which documents are missing and must still be submitted.

Should such notification establish that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant department within one month following the date of notification. Failing that, Parliament shall apply Articles 67 and 68.’.

| 6. | The following Article is inserted:
  ‘Article 39a
  Obligations regarding employment contracts
  1.   Paying agents shall, for the period laid down by the applicable national law, and for at least one year from the end of the parliamentary term concerned, keep a pay statement record book itemising sums paid by way of remuneration and tax and employers' and employees' social security contributions. Should a contract with a paying agent be terminated prior to the end of the Member's term of office, a certified true copy of the pay statement record book shall be forwarded immediately to the new paying agent of the Member's choice, as referred to in Article 35(3).
  2.   Assistants shall abstain from any actions bringing them into conflict with the interests of the Members they assist and those of Parliament. They shall without delay inform the Member concerned of their intention to engage in any remunerated or unremunerated outside activity or to stand for election.
  They shall be required to reside at a distance from their workplace that is compatible with the proper performance of their duties.
  3.   The Member shall immediately inform the relevant department of any changes in the conditions of employment affecting parliamentary assistance expenses and of any plans by assistants to engage in outside activities or to stand for election. The Member must ensure that outside activities and standing for election do not interfere with the performance by assistants of their duties or run counter to the financial interests of the Union. The relevant department may require evidence of the arrangements made to that end with the assistants concerned.
  4.   Local assistants intending to stand for election shall comply with national laws regarding electoral campaigns. At least for the duration of the official campaign, assistants must be on annual leave or unpaid leave. If they are elected, the defrayal of the expenses in relation to them shall cease unless they can provide evidence that their mandate is consistent with the performance of their duties as parliamentary assistants.
  5.   Contracts concluded between Members and assistants must include the obligations imposed in paragraphs 2 and 4.’. |
| --- | --- |

6.

The following Article is inserted:

‘Article 39a

Obligations regarding employment contracts

1.   Paying agents shall, for the period laid down by the applicable national law, and for at least one year from the end of the parliamentary term concerned, keep a pay statement record book itemising sums paid by way of remuneration and tax and employers' and employees' social security contributions. Should a contract with a paying agent be terminated prior to the end of the Member's term of office, a certified true copy of the pay statement record book shall be forwarded immediately to the new paying agent of the Member's choice, as referred to in Article 35(3).

2.   Assistants shall abstain from any actions bringing them into conflict with the interests of the Members they assist and those of Parliament. They shall without delay inform the Member concerned of their intention to engage in any remunerated or unremunerated outside activity or to stand for election.

They shall be required to reside at a distance from their workplace that is compatible with the proper performance of their duties.

3.   The Member shall immediately inform the relevant department of any changes in the conditions of employment affecting parliamentary assistance expenses and of any plans by assistants to engage in outside activities or to stand for election. The Member must ensure that outside activities and standing for election do not interfere with the performance by assistants of their duties or run counter to the financial interests of the Union. The relevant department may require evidence of the arrangements made to that end with the assistants concerned.

4.   Local assistants intending to stand for election shall comply with national laws regarding electoral campaigns. At least for the duration of the official campaign, assistants must be on annual leave or unpaid leave. If they are elected, the defrayal of the expenses in relation to them shall cease unless they can provide evidence that their mandate is consistent with the performance of their duties as parliamentary assistants.

5.   Contracts concluded between Members and assistants must include the obligations imposed in paragraphs 2 and 4.’.

| 7. | Article 41 is replaced by the following:
  ‘Article 41
  Documents to be submitted in connection with a service contract
  1.   With the exception of occasional services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses must be submitted before the conclusion of a contract for the provision of services and must contain:






  (a) | an estimate and a draft of the contract which the Member intends to conclude with a service provider and which clearly defines the nature of the services to be provided; |
| --- | --- | --- |

7.

Article 41 is replaced by the following:

‘Article 41

Documents to be submitted in connection with a service contract

1.   With the exception of occasional services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses must be submitted before the conclusion of a contract for the provision of services and must contain:

(a)

an estimate and a draft of the contract which the Member intends to conclude with a service provider and which clearly defines the nature of the services to be provided;

| (b) | in the case of services costing more than EUR 60 000 including VAT, the justification for the selected tender, which must be the most economically advantageous of at least three tenders from completely independent providers, taking into account, apart from the price, the quality of the offer and social aspects; this threshold shall apply on a cumulative basis in the event of successive contracts for similar services from the same provider; |
| --- | --- |

(b)

in the case of services costing more than EUR 60 000 including VAT, the justification for the selected tender, which must be the most economically advantageous of at least three tenders from completely independent providers, taking into account, apart from the price, the quality of the offer and social aspects; this threshold shall apply on a cumulative basis in the event of successive contracts for similar services from the same provider;

| (c) | in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document, together with the articles of incorporation, or in the case of service providers that are natural persons, the documents listed under points (d) to (f) of Article 38, and, save in the case of occasional contracts, under point (g) thereof; |
| --- | --- |

(c)

in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document, together with the articles of incorporation, or in the case of service providers that are natural persons, the documents listed under points (d) to (f) of Article 38, and, save in the case of occasional contracts, under point (g) thereof;

| (d) | in the case of service providers that are legal persons, a declaration of absence of conflicts of interest confirming that none of those involved in the provision of services is an assistant within the meaning of Article 34 or in any of the categories mentioned in point (d) of Article 43. |
| --- | --- |

(d)

in the case of service providers that are legal persons, a declaration of absence of conflicts of interest confirming that none of those involved in the provision of services is an assistant within the meaning of Article 34 or in any of the categories mentioned in point (d) of Article 43.

2.   The cost of services provided shall be defrayed on submission to the relevant department by the Member of an invoice or fee statement describing in detail the services actually provided and a copy of the contract concluded with the service provider. The invoice or fee statement shall be accompanied by confirmation by the Member that the service has actually been provided. Upon request by the relevant department, the Member shall also submit the main supporting documents.

Where services are partially or totally exempt from VAT, the relevant department may require the paying agent to confirm the legal basis for that exemption.’.

| 8. | Article 43 is amended as follows:






  (a) | point a is replaced by the following:






  ‘(a) | to finance contracts concluded with an organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group;’; |
| --- | --- | --- | --- |

8.

Article 43 is amended as follows:

(a)

point a is replaced by the following:

‘(a)

to finance contracts concluded with an organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group;’;

| (b) | point d is replaced by the following:






  ‘(d) | to fund contracts providing for the employment or the use of the services of Members' spouses or stable partners or their parents, children, brothers or sisters or, in general, giving rise to any possibility of a conflict of interest as defined in Article 62(1a).’. |
| --- | --- | --- |

(b)

point d is replaced by the following:

‘(d)

to fund contracts providing for the employment or the use of the services of Members' spouses or stable partners or their parents, children, brothers or sisters or, in general, giving rise to any possibility of a conflict of interest as defined in Article 62(1a).’.

| 9. | Article 46 is amended as follows:






  (a) | paragraphs 1, 2 and 3 are replaced by the following:
  ‘1.   Former Members shall be entitled to the transitional allowance. Where they hold a mandate in another parliament or a public office, the salary to which they are entitled shall be offset against the transitional allowance.
  2.   Article 2(3) shall apply mutatis mutandis to the transitional allowance.
  3.   For the purposes of this Article, “another parliament” shall mean any parliament with legislative powers which is established in a Member State.’; |
| --- | --- | --- |

9.

Article 46 is amended as follows:

(a)

paragraphs 1, 2 and 3 are replaced by the following:

‘1.   Former Members shall be entitled to the transitional allowance. Where they hold a mandate in another parliament or a public office, the salary to which they are entitled shall be offset against the transitional allowance.

2.   Article 2(3) shall apply mutatis mutandis to the transitional allowance.

3.   For the purposes of this Article, “another parliament” shall mean any parliament with legislative powers which is established in a Member State.’;

| (b) | in paragraph 4, the introductory wording is replaced by the following:
  ‘4.   For the purposes of this Article, “public office” shall mean any of the following:’; |
| --- | --- |

(b)

in paragraph 4, the introductory wording is replaced by the following:

‘4.   For the purposes of this Article, “public office” shall mean any of the following:’;

| (c) | in paragraph 4, point (c) is replaced by the following:






  ‘(c) | a post as a senior official exercising public authority or a post as an official or Member of a Union institution.’. |
| --- | --- | --- |

(c)

in paragraph 4, point (c) is replaced by the following:

‘(c)

a post as a senior official exercising public authority or a post as an official or Member of a Union institution.’.

| 10. | In Article 48, paragraph 1 shall be replaced by the following:
  ‘1.   In order to be able to receive the transitional allowance, the former Member shall apply to the Secretary-General for it not later than three months after the end of his or her mandate, attaching a written statement indicating whether he or she is performing any of the duties referred to in Article 46.’; |
| --- | --- |

10.

In Article 48, paragraph 1 shall be replaced by the following:

‘1.   In order to be able to receive the transitional allowance, the former Member shall apply to the Secretary-General for it not later than three months after the end of his or her mandate, attaching a written statement indicating whether he or she is performing any of the duties referred to in Article 46.’;

| 11. | In Article 61, paragraph 1 is replaced by the following:
  ‘1.   The implementation of these Implementing Measures and any application for payment submitted under these Implementing Measures shall be consistent with the provisions of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (4) and Commission Delegated Regulation (EU) No 1268/2012 (5).

  (4)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1)."


  (5)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1.).’." |
| --- | --- |

11.

In Article 61, paragraph 1 is replaced by the following:

‘1.   The implementation of these Implementing Measures and any application for payment submitted under these Implementing Measures shall be consistent with the provisions of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (4) and Commission Delegated Regulation (EU) No 1268/2012 (5).

(4)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1)."

(5)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1.).’."

| 12. | In Article 62, the following paragraph is inserted:
  ‘1a.   Members involved in budget implementation shall not take any action which may bring their own interests into conflict with the financial interests of the Union.
  A conflict of interests exists where the actions of Members are unduly influenced for reasons involving family, emotional life, economic interest or any other shared interest with a recipient.’. |
| --- | --- |

12.

In Article 62, the following paragraph is inserted:

‘1a.   Members involved in budget implementation shall not take any action which may bring their own interests into conflict with the financial interests of the Union.

A conflict of interests exists where the actions of Members are unduly influenced for reasons involving family, emotional life, economic interest or any other shared interest with a recipient.’.

| 13. | Article 78 is replaced by the following:
  ‘Article 78
  Transitional arrangements applicable to the contracts of local assistants and paying agents
  1.   The provisions of Articles 34 and 35, as amended by the Bureau decision of 26 October 2015, concerning the number of assistants and the remuneration of assistants and paying agents shall not affect contracts that are still valid, provided that applications for defrayal of the expenses arising from them have been submitted to the relevant department before 27 October 2015.
  2.   Contracts of the kind referred to in paragraph 1 may only be renewed or modified in accordance with the provisions of Title I, Chapter 5.’. |
| --- | --- |

13.

Article 78 is replaced by the following:

‘Article 78

Transitional arrangements applicable to the contracts of local assistants and paying agents

1.   The provisions of Articles 34 and 35, as amended by the Bureau decision of 26 October 2015, concerning the number of assistants and the remuneration of assistants and paying agents shall not affect contracts that are still valid, provided that applications for defrayal of the expenses arising from them have been submitted to the relevant department before 27 October 2015.

2.   Contracts of the kind referred to in paragraph 1 may only be renewed or modified in accordance with the provisions of Title I, Chapter 5.’.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Decision shall apply from 1 January 2016, with the exception of Article 1(9) and (10), which shall apply from 1 July 2014.

---

(1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

(2)  Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159, 13.7.2009, p. 1).

(3)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

---

European Commission

| 28.11.2015 | EN | Official Journal of the European Union | C 397/9 |
| --- | --- | --- | --- |

28.11.2015

EN

Official Journal of the European Union

C 397/9

---

Euro exchange rates (1)

27 November 2015

(2015/C 397/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0580 |
| JPY | Japanese yen | 129,75 |
| DKK | Danish krone | 7,4605 |
| GBP | Pound sterling | 0,70290 |
| SEK | Swedish krona | 9,2420 |
| CHF | Swiss franc | 1,0900 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,1885 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,024 |
| HUF | Hungarian forint | 312,08 |
| PLN | Polish zloty | 4,2631 |
| RON | Romanian leu | 4,4467 |
| TRY | Turkish lira | 3,0865 |
| AUD | Australian dollar | 1,4689 |
| CAD | Canadian dollar | 1,4121 |
| HKD | Hong Kong dollar | 8,2001 |
| NZD | New Zealand dollar | 1,6189 |
| SGD | Singapore dollar | 1,4927 |
| KRW | South Korean won | 1 221,76 |
| ZAR | South African rand | 15,1490 |
| CNY | Chinese yuan renminbi | 6,7650 |
| HRK | Croatian kuna | 7,6230 |
| IDR | Indonesian rupiah | 14 628,60 |
| MYR | Malaysian ringgit | 4,5150 |
| PHP | Philippine peso | 49,921 |
| RUB | Russian rouble | 69,9945 |
| THB | Thai baht | 37,972 |
| BRL | Brazilian real | 3,9359 |
| MXN | Mexican peso | 17,5099 |
| INR | Indian rupee | 70,6449 |

Currency

Exchange rate

USD

US dollar

1,0580

JPY

Japanese yen

129,75

DKK

Danish krone

7,4605

GBP

Pound sterling

0,70290

SEK

Swedish krona

9,2420

CHF

Swiss franc

1,0900

ISK

Iceland króna

NOK

Norwegian krone

9,1885

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,024

HUF

Hungarian forint

312,08

PLN

Polish zloty

4,2631

RON

Romanian leu

4,4467

TRY

Turkish lira

3,0865

AUD

Australian dollar

1,4689

CAD

Canadian dollar

1,4121

HKD

Hong Kong dollar

8,2001

NZD

New Zealand dollar

1,6189

SGD

Singapore dollar

1,4927

KRW

South Korean won

1 221,76

ZAR

South African rand

15,1490

CNY

Chinese yuan renminbi

6,7650

HRK

Croatian kuna

7,6230

IDR

Indonesian rupiah

14 628,60

MYR

Malaysian ringgit

4,5150

PHP

Philippine peso

49,921

RUB

Russian rouble

69,9945

THB

Thai baht

37,972

BRL

Brazilian real

3,9359

MXN

Mexican peso

17,5099

INR

Indian rupee

70,6449

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 28.11.2015 | EN | Official Journal of the European Union | C 397/10 |
| --- | --- | --- | --- |

28.11.2015

EN

Official Journal of the European Union

C 397/10

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of high tenacity yarn of polyesters originating in the People's Republic of China

(2015/C 397/05)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on the imports of high tenacity yarn of polyesters originating in the People's Republic of China, the European Commission (‘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 31 August 2015 by CIRFS (The European Manmade Fibres Association (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of high tenacity yarn of polyesters.

2.   Product under review

The product subject to this review is high tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex and originating in the People's Republic of China (‘the product under review’), currently falling within CN code 5402 20 00.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EU) No 1105/2010 (3).

4.   Grounds for the review

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

4.1.   
  Allegation of likelihood of continuation of dumping

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China (‘the country concerned’) is considered to be a non-market economy country, the applicant established normal value for the imports from the People's Republic of China on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in a market economy third country, namely Taiwan. The allegation of likelihood of continuation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under review when sold for export to the Union.

On this basis the dumping margins calculated are significant for the country concerned.

4.2.   
  Allegation of likelihood of continuation of injury

The applicant has also provided prima facie evidence that imports of the product under review from the country concerned to the Union have increased overall in absolute terms and in terms of market shares.

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

The applicant also alleges the likelihood of further injury. In this respect the applicant has also provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity of the exporting producers in the People's Republic of China.

In addition, the applicant alleges that any further substantial increase of imports at dumped prices from the country concerned would be likely to cause further injury to the Union industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, 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.   
  Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 October 2014 to 30 September 2015 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2012 to the end of the investigation period (‘the period considered’).

5.2.   
  Procedure for the determination of a likelihood of continuation or recurrence of dumping

Exporting producers (4) of the product under review from the country concerned, including those that did not cooperate in the investigation(s) leading to the measures in force, are invited to participate in the Commission investigation.

5.2.1.   Investigating exporting producers

5.2.1.1.   Procedure for selecting exporting producers to be investigated in the 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 expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to this notice.

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

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

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

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

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

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’).

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

5.2.2.1.   Selection of a market economy third country

In accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People's Republic of China normal value will be determined on the basis of the price or constructed value in a market economy third country.

In the previous investigation Taiwan was used as a market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. For the purpose of the current investigation, the Commission envisages using again Taiwan. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union may be located, inter alia, in the United States of America (‘USA’) and the Republic of Korea. The Commission will examine whether there is production and sales of the product under review in those market economy third countries for which there are indications that production of the product under review is taking place.

5.2.3.   Investigating unrelated importers
   (5)
   (6)

Unrelated importers of the product under review from the People's Republic of China to the Union are invited to participate in this investigation.

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex II to this notice.

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

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

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

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

5.3.   
  Procedure for the determination of a likelihood of a continuation or recurrence of injury

In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.

5.3.1.   Investigating Union producers

In view of the large number of Union producers involved in this expiry review 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 17 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.7 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation(s) leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

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

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

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

5.4.   
  Procedure for the assessment of Union interest

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

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

5.5.   
  Other written submissions

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

5.6.   
  Possibility to be heard by the Commission investigation services

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

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

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

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

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

Interested parties are invited to make all submissions and requests by email 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 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 e-mail 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 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 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 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Email | : | TRADE-HTY-R627-DUMPING@ec.europa.eu
  TRADE-HTY-R627-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

Email

:

TRADE-HTY-R627-DUMPING@ec.europa.eu

TRADE-HTY-R627-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of dumping and injury, dumping, injury, and Union interest.

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

8.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 11(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.

9.   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 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 interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to 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.

10.   Processing of personal data

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

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(1)  OJ C 77, 5.3.2015, p. 9.

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

(3)  Council Implementing Regulation (EU) No 1105/2010 of 29 November 2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of high tenacity yarn of polyesters originating in the People's Republic of China and terminating the proceeding concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and Taiwan (OJ L 315, 1.12.2010, p. 1).

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

(5)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. For the definition of a related party, see footnote 3 in Annex II.

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

(7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

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ANNEX I

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ANNEX II

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 28.11.2015 | EN | Official Journal of the European Union | C 397/20 |
| --- | --- | --- | --- |

28.11.2015

EN

Official Journal of the European Union

C 397/20

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Prior notification of a concentration

(Case M.7872 — Novartis/GSK (Ofatumumab Autoimmune Indications))

(Text with EEA relevance)

(2015/C 397/06)

| 1. | On 18 November 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Novartis AG (‘Novartis’, Switzerland) acquires from GlaxoSmithKline plc (‘GSK’, United Kingdom), within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the rights to the autoimmune indications with respect to the pharmaceutical Ofatumumab, by way of purchase of assets. |
| --- | --- |

1.

On 18 November 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Novartis AG (‘Novartis’, Switzerland) acquires from GlaxoSmithKline plc (‘GSK’, United Kingdom), within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the rights to the autoimmune indications with respect to the pharmaceutical Ofatumumab, by way of purchase of assets.

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






  — | Novartis is a Swiss healthcare company, active worldwide in three broad areas of healthcare: pharmaceuticals, eye care and generics, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Novartis is a Swiss healthcare company, active worldwide in three broad areas of healthcare: pharmaceuticals, eye care and generics,

| — | GSK is a British pharmaceutical company active worldwide in the areas of pharmaceuticals, vaccines and consumer health products. |
| --- | --- |

—

GSK is a British pharmaceutical company active worldwide in the areas of pharmaceuticals, vaccines and consumer health products.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7872 — Novartis/GSK (Ofatumumab Autoimmune Indications), to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7872 — Novartis/GSK (Ofatumumab Autoimmune Indications), to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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