# Official Journal C 173/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 173 |
| | |
| English edition | Information and Notices | Volume 6122 May 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 173

English edition

Information and Notices

Volume 6122 May 2018

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 173/01 | Withdrawal of notification of a concentration (Case M.8878 — SEB/ALI) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 173/01

Withdrawal of notification of a concentration (Case M.8878 — SEB/ALI) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 173/02 | Euro exchange rates | 2 |
| 2018/C 173/03 | Euro exchange rates | 3 |
| 2018/C 173/04 | New national side of euro coins intended for circulation | 4 |
| 2018/C 173/05 | New national side of euro coins intended for circulation | 5 |
| | NOTICES FROM MEMBER STATES |
| 2018/C 173/06 | Update of the list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 173/02

Euro exchange rates

2

2018/C 173/03

Euro exchange rates

3

2018/C 173/04

New national side of euro coins intended for circulation

4

2018/C 173/05

New national side of euro coins intended for circulation

5

NOTICES FROM MEMBER STATES

2018/C 173/06

Update of the list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)

6

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2018/C 173/07 | Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in India | 9 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 173/08 | Prior notification of a concentration (Case M.8738 — Rhône-Zodiac/Fluidra) (
  1
  ) | 19 |
| 2018/C 173/09 | Prior notification of a concentration (Case M.8921 — Onex/Vista/Severin Topco) — Candidate case for simplified procedure (
  1
  ) | 20 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2018/C 173/07

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in India

9

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 173/08

Prior notification of a concentration (Case M.8738 — Rhône-Zodiac/Fluidra) (
  1
  )

1

19

2018/C 173/09

Prior notification of a concentration (Case M.8921 — Onex/Vista/Severin Topco) — Candidate case for simplified procedure (
  1
  )

1

20

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

---

(1)   Text with EEA relevance.

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 22.5.2018 | EN | Official Journal of the European Union | C 173/1 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/1

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Withdrawal of notification of a concentration

(Case M.8878 — SEB/ALI)

(Text with EEA relevance)

(2018/C 173/01)

(Council Regulation (EC) No 139/2004)

On 19 April 2018, the Commission received notification of a proposed concentration between SEB and ALI. On 8 May 2018, the notifying party informed the Commission that it withdrew its notification.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 22.5.2018 | EN | Official Journal of the European Union | C 173/2 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/2

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Euro exchange rates (1)

18 May 2018

(2018/C 173/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1781 |
| JPY | Japanese yen | 130,69 |
| DKK | Danish krone | 7,4483 |
| GBP | Pound sterling | 0,87325 |
| SEK | Swedish krona | 10,3073 |
| CHF | Swiss franc | 1,1773 |
| ISK | Iceland króna | 123,40 |
| NOK | Norwegian krone | 9,5773 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,590 |
| HUF | Hungarian forint | 317,68 |
| PLN | Polish zloty | 4,2950 |
| RON | Romanian leu | 4,6323 |
| TRY | Turkish lira | 5,2714 |
| AUD | Australian dollar | 1,5673 |
| CAD | Canadian dollar | 1,5074 |
| HKD | Hong Kong dollar | 9,2480 |
| NZD | New Zealand dollar | 1,7049 |
| SGD | Singapore dollar | 1,5828 |
| KRW | South Korean won | 1 273,37 |
| ZAR | South African rand | 14,9430 |
| CNY | Chinese yuan renminbi | 7,5147 |
| HRK | Croatian kuna | 7,3840 |
| IDR | Indonesian rupiah | 16 666,58 |
| MYR | Malaysian ringgit | 4,6794 |
| PHP | Philippine peso | 61,742 |
| RUB | Russian rouble | 73,2150 |
| THB | Thai baht | 37,929 |
| BRL | Brazilian real | 4,3831 |
| MXN | Mexican peso | 23,2982 |
| INR | Indian rupee | 80,1115 |

Currency

Exchange rate

USD

US dollar

1,1781

JPY

Japanese yen

130,69

DKK

Danish krone

7,4483

GBP

Pound sterling

0,87325

SEK

Swedish krona

10,3073

CHF

Swiss franc

1,1773

ISK

Iceland króna

123,40

NOK

Norwegian krone

9,5773

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,590

HUF

Hungarian forint

317,68

PLN

Polish zloty

4,2950

RON

Romanian leu

4,6323

TRY

Turkish lira

5,2714

AUD

Australian dollar

1,5673

CAD

Canadian dollar

1,5074

HKD

Hong Kong dollar

9,2480

NZD

New Zealand dollar

1,7049

SGD

Singapore dollar

1,5828

KRW

South Korean won

1 273,37

ZAR

South African rand

14,9430

CNY

Chinese yuan renminbi

7,5147

HRK

Croatian kuna

7,3840

IDR

Indonesian rupiah

16 666,58

MYR

Malaysian ringgit

4,6794

PHP

Philippine peso

61,742

RUB

Russian rouble

73,2150

THB

Thai baht

37,929

BRL

Brazilian real

4,3831

MXN

Mexican peso

23,2982

INR

Indian rupee

80,1115

---

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

---

| 22.5.2018 | EN | Official Journal of the European Union | C 173/3 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/3

---

Euro exchange rates (1)

21 May 2018

(2018/C 173/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1759 |
| JPY | Japanese yen | 130,84 |
| DKK | Danish krone | 7,4471 |
| GBP | Pound sterling | 0,87640 |
| SEK | Swedish krona | 10,2555 |
| CHF | Swiss franc | 1,1753 |
| ISK | Iceland króna | 123,40 |
| NOK | Norwegian krone | 9,5285 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,680 |
| HUF | Hungarian forint | 319,40 |
| PLN | Polish zloty | 4,3138 |
| RON | Romanian leu | 4,6217 |
| TRY | Turkish lira | 5,4012 |
| AUD | Australian dollar | 1,5619 |
| CAD | Canadian dollar | 1,5139 |
| HKD | Hong Kong dollar | 9,2300 |
| NZD | New Zealand dollar | 1,7030 |
| SGD | Singapore dollar | 1,5803 |
| KRW | South Korean won | 1 274,86 |
| ZAR | South African rand | 15,1352 |
| CNY | Chinese yuan renminbi | 7,5097 |
| HRK | Croatian kuna | 7,3815 |
| IDR | Indonesian rupiah | 16 670,14 |
| MYR | Malaysian ringgit | 4,6801 |
| PHP | Philippine peso | 61,604 |
| RUB | Russian rouble | 73,3644 |
| THB | Thai baht | 37,899 |
| BRL | Brazilian real | 4,3714 |
| MXN | Mexican peso | 23,5220 |
| INR | Indian rupee | 80,1280 |

Currency

Exchange rate

USD

US dollar

1,1759

JPY

Japanese yen

130,84

DKK

Danish krone

7,4471

GBP

Pound sterling

0,87640

SEK

Swedish krona

10,2555

CHF

Swiss franc

1,1753

ISK

Iceland króna

123,40

NOK

Norwegian krone

9,5285

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,680

HUF

Hungarian forint

319,40

PLN

Polish zloty

4,3138

RON

Romanian leu

4,6217

TRY

Turkish lira

5,4012

AUD

Australian dollar

1,5619

CAD

Canadian dollar

1,5139

HKD

Hong Kong dollar

9,2300

NZD

New Zealand dollar

1,7030

SGD

Singapore dollar

1,5803

KRW

South Korean won

1 274,86

ZAR

South African rand

15,1352

CNY

Chinese yuan renminbi

7,5097

HRK

Croatian kuna

7,3815

IDR

Indonesian rupiah

16 670,14

MYR

Malaysian ringgit

4,6801

PHP

Philippine peso

61,604

RUB

Russian rouble

73,3644

THB

Thai baht

37,899

BRL

Brazilian real

4,3714

MXN

Mexican peso

23,5220

INR

Indian rupee

80,1280

---

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

---

| 22.5.2018 | EN | Official Journal of the European Union | C 173/4 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/4

---

New national side of euro coins intended for circulation

(2018/C 173/04)

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

Issuing country
  : Greece

Subject of commemoration
  : 70 years since the union of the Dodecanese with Greece

Description of the design
  : The design features in the central part a rose, the canting badge of Rhodes, inspired from a coin minted by the ancient city of Rhodes, one of the most characteristic coins of the Dodecanese, with stylised waves fanning out from the centre. Inscribed along the inner edge is the wording ‘1948-2018 THE UNION OF THE DODECANESE WITH GREECE’ and ‘HELLENIC REPUBLIC’ (in Greek). Also visible at left is a palmette (the mintmark of the Greek mint) and, at right, the monogram of the artist (George Stamatopoulos).

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

Estimated number of coins to be issued
  :

Date of issue
  : Middle of 2018

---

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

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

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| 22.5.2018 | EN | Official Journal of the European Union | C 173/5 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/5

---

New national side of euro coins intended for circulation

(2018/C 173/05)

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

Issuing country
  : Greece

Subject of commemoration
  : Kostis Palamas – 75 years in memoriam

Description of the design
  : The design features a portrait of the Greek poet Kostis Palamas (1859-1943). Inscribed along the inner edge at left is the wording ‘HELLENIC REPUBLIC’ and the name ‘KOSTIS PALAMAS’ (in Greek). Also inscribed is a palmette (the mintmark of the Greek Mint) and the year of issuance ‘2018’. Visible at the lower right is the monogram of the artist (George Stamatopoulos).

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

Estimated number of coins to be issued
  :

Date of issue
  : Middle of 2018

---

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

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

---

NOTICES FROM MEMBER STATES

| 22.5.2018 | EN | Official Journal of the European Union | C 173/6 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/6

---

Update of the list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1)

(2018/C 173/06)

The publication of the list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2) is based on the information communicated by the Member States to the Commission in conformity with Article 39 of the Schengen Borders Code.

In addition to publication in the Official Journal, a monthly update is available on the website of the Directorate-General for Home Affairs.

ESTONIA

Replacement of the list published in OJ C 390, 5.11.2014
  .

LIST OF RESIDENCE PERMITS ISSUED BY MEMBER STATES

1.   Documents in the uniform format which are issued to third country nationals proving that they hold a residence permit or have the right of residence, issued as of 1 January 2011.

The document number is composed of two letters and seven digits. The first letter in the number of the residence permit refers to the type of residence permit or right of residence:

| | B — third-country national; |
| --- | --- |

B — third-country national;

| | P — long-term resident; |
| --- | --- |

P — long-term resident;

| | F — residence card of a family member of an EU citizen. |
| --- | --- |

F — residence card of a family member of an EU citizen.

The title of the document, ‘ELAMISLUBA’, is found in the middle of the upper edge of the front of the residence permit card, with the English title, ‘Residence permit’, located on the bottom edge.

The space on the front of the document ‘loa liik’ (‘type of permit’) contains the following data:

Temporary residence permit

| — | Tähtajaline elamisluba — temporary residence permit |
| --- | --- |

—

Tähtajaline elamisluba — temporary residence permit

| — | Tähtajaline elamisluba töötamiseks — temporary residence permit for employment |
| --- | --- |

—

Tähtajaline elamisluba töötamiseks — temporary residence permit for employment

| — | Tähtajaline elamisluba EL sinine kaar — temporary residence permit for employment/EU blue card |
| --- | --- |

—

Tähtajaline elamisluba EL sinine kaar — temporary residence permit for employment/EU blue card

| — | Tähtajaline elamisluba töötamiseks — ICT — residence permit for employment |
| --- | --- |

—

Tähtajaline elamisluba töötamiseks — ICT — residence permit for employment

| — | Tähtajaline elamisluba ettevõtluseks — residence permit for business |
| --- | --- |

—

Tähtajaline elamisluba ettevõtluseks — residence permit for business

| — | Tähtajaline elamisluba õppimiseks — residence permit for studies |
| --- | --- |

—

Tähtajaline elamisluba õppimiseks — residence permit for studies

Long-term resident:

| — | Pikaajaline elanik — long term resident |
| --- | --- |

—

Pikaajaline elanik — long term resident

If the holder of the residence permit is the family member of an EU citizen who does not avail him- or herself of the right to free movement stemming from the Citizens Directive and is issued with a residence card, the second line of the type of permit shall contain the entry ‘pereliige/family member’.

The title of the document, ‘LIIDU KODANIKU PERELIIKME ELAMISLUBA’, is found in the middle of the upper edge of the front of the residence permit card with the English title, ‘Residence card of a family member of a Union citizen’, located on the bottom edge.

The space on the front of the document ‘loa liik’ (‘type of permit’) contains the following data:

Temporary right of residence:

| — | Tähtajaline elamisõigus/temporary right of residence |
| --- | --- |

—

Tähtajaline elamisõigus/temporary right of residence

Permanent right of residence:

| — | Alaline elamisõigus/permanent right of residence |
| --- | --- |

—

Alaline elamisõigus/permanent right of residence

For travel purposes, residence permit cards issued to third country nationals must be presented together with a valid passport.

2.   Permits indicating the right of stay in the Republic of Estonia and issued in accordance with Article 5a of Regulation (EC) No 1030/2002 (issued as of 1 January 2012):

| | Kaitseministri luba kuni pp.kk.aaaa (ülalpeetav/dependant (3)) |
| --- | --- |

Kaitseministri luba kuni pp.kk.aaaa (ülalpeetav/dependant (3))

| | (permit of Minister of Defence until dd.mm.yyyy)
  NB: Documents containing these remarks are issued to third country nationals and to EU citizens' family members who hold the citizenship of a third country. |
| --- | --- |

(permit of Minister of Defence until dd.mm.yyyy)

NB: Documents containing these remarks are issued to third country nationals and to EU citizens' family members who hold the citizenship of a third country.

3.   All other documents issued to third country nationals and EU citizens.

3.1.   Diplomatic and service cards issued by the Ministry of Foreign Affairs:

3.1.1.   Diplomatic identity card

| | Category A — Head of Mission and her/his family members; blue |
| --- | --- |

Category A — Head of Mission and her/his family members; blue

| | Category B — Diplomat and her/his family members; blue |
| --- | --- |

Category B — Diplomat and her/his family members; blue

3.1.2.   Service card

| | Category C — Administrative employee and her/his family members; red |
| --- | --- |

Category C — Administrative employee and her/his family members; red

| | Category D — Auxiliary employee; green |
| --- | --- |

Category D — Auxiliary employee; green

| | Category E — Private servant; green |
| --- | --- |

Category E — Private servant; green

| | Category F — Estonian citizen and permanent resident working in a foreign mission; green |
| --- | --- |

Category F — Estonian citizen and permanent resident working in a foreign mission; green

| | Category HC — Honorary consul; grey |
| --- | --- |

Category HC — Honorary consul; grey

| | Category G — Member of staff of an international organisation or other institution and his/her family members; orange |
| --- | --- |

Category G — Member of staff of an international organisation or other institution and his/her family members; orange

List of previous publications

| | OJ C 247, 13.10.2006, p. 1. |
| --- | --- |

OJ C 247, 13.10.2006, p. 1.

| | OJ C 153, 6.7.2007, p. 5. |
| --- | --- |

OJ C 153, 6.7.2007, p. 5.

| | OJ C 192, 18.8.2007, p. 11. |
| --- | --- |

OJ C 192, 18.8.2007, p. 11.

| | OJ C 271, 14.11.2007, p. 14. |
| --- | --- |

OJ C 271, 14.11.2007, p. 14.

| | OJ C 57, 1.3.2008, p. 31. |
| --- | --- |

OJ C 57, 1.3.2008, p. 31.

| | OJ C 134, 31.5.2008, p. 14. |
| --- | --- |

OJ C 134, 31.5.2008, p. 14.

| | OJ C 207, 14.8.2008, p. 12. |
| --- | --- |

OJ C 207, 14.8.2008, p. 12.

| | OJ C 331, 21.12.2008, p. 13. |
| --- | --- |

OJ C 331, 21.12.2008, p. 13.

| | OJ C 3, 8.1.2009, p. 5. |
| --- | --- |

OJ C 3, 8.1.2009, p. 5.

| | OJ C 64, 19.3.2009, p. 15. |
| --- | --- |

OJ C 64, 19.3.2009, p. 15.

| | OJ C 198, 22.8.2009, p. 9. |
| --- | --- |

OJ C 198, 22.8.2009, p. 9.

| | OJ C 239, 6.10.2009, p. 2. |
| --- | --- |

OJ C 239, 6.10.2009, p. 2.

| | OJ C 298, 8.12.2009, p. 15. |
| --- | --- |

OJ C 298, 8.12.2009, p. 15.

| | OJ C 308, 18.12.2009, p. 20. |
| --- | --- |

OJ C 308, 18.12.2009, p. 20.

| | OJ C 35, 12.2.2010, p. 5. |
| --- | --- |

OJ C 35, 12.2.2010, p. 5.

| | OJ C 82, 30.3.2010, p. 26. |
| --- | --- |

OJ C 82, 30.3.2010, p. 26.

| | OJ C 103, 22.4.2010, p. 8. |
| --- | --- |

OJ C 103, 22.4.2010, p. 8.

| | OJ C 108, 7.4.2011, p. 6. |
| --- | --- |

OJ C 108, 7.4.2011, p. 6.

| | OJ C 157, 27.5.2011, p. 5. |
| --- | --- |

OJ C 157, 27.5.2011, p. 5.

| | OJ C 201, 8.7.2011, p. 1. |
| --- | --- |

OJ C 201, 8.7.2011, p. 1.

| | OJ C 216, 22.7.2011, p. 26. |
| --- | --- |

OJ C 216, 22.7.2011, p. 26.

| | OJ C 283, 27.9.2011, p. 7. |
| --- | --- |

OJ C 283, 27.9.2011, p. 7.

| | OJ C 199, 7.7.2012, p. 5. |
| --- | --- |

OJ C 199, 7.7.2012, p. 5.

| | OJ C 214, 20.7.2012, p. 7. |
| --- | --- |

OJ C 214, 20.7.2012, p. 7.

| | OJ C 298, 4.10.2012, p. 4. |
| --- | --- |

OJ C 298, 4.10.2012, p. 4.

| | OJ C 51, 22.2.2013, p. 6. |
| --- | --- |

OJ C 51, 22.2.2013, p. 6.

| | OJ C 75, 14.3.2013, p. 8. |
| --- | --- |

OJ C 75, 14.3.2013, p. 8.

| | OJ C 77, 15.3.2014, p. 4. |
| --- | --- |

OJ C 77, 15.3.2014, p. 4.

| | OJ C 118, 17.4.2014, p. 9. |
| --- | --- |

OJ C 118, 17.4.2014, p. 9.

| | OJ C 200, 28.6.2014, p. 59. |
| --- | --- |

OJ C 200, 28.6.2014, p. 59.

| | OJ C 304, 9.9.2014, p. 3. |
| --- | --- |

OJ C 304, 9.9.2014, p. 3.

| | OJ C 390, 5.11.2014, p. 12. |
| --- | --- |

OJ C 390, 5.11.2014, p. 12.

| | OJ C 210, 26.6.2015, p. 5. |
| --- | --- |

OJ C 210, 26.6.2015, p. 5.

| | OJ C 286, 29.8.2015, p. 3. |
| --- | --- |

OJ C 286, 29.8.2015, p. 3.

| | OJ C 151, 28.4.2016, p. 4. |
| --- | --- |

OJ C 151, 28.4.2016, p. 4.

| | OJ C 16, 18.1.2017, p. 5. |
| --- | --- |

OJ C 16, 18.1.2017, p. 5.

| | OJ C 69, 4.3.2017, p. 6. |
| --- | --- |

OJ C 69, 4.3.2017, p. 6.

| | OJ C 94, 25.3.2017, p. 3. |
| --- | --- |

OJ C 94, 25.3.2017, p. 3.

| | OJ C 297, 8.9.2017, p. 3. |
| --- | --- |

OJ C 297, 8.9.2017, p. 3.

| | OJ C 343, 13.10.2017, p. 12. |
| --- | --- |

OJ C 343, 13.10.2017, p. 12.

| | OJ C 100, 16.3.2018, p. 25. |
| --- | --- |

OJ C 100, 16.3.2018, p. 25.

| | OJ C 144, 25.4.2018, p. 8. |
| --- | --- |

OJ C 144, 25.4.2018, p. 8.

---

(1)  See the list of previous publications at the end of this update.

(2)  OJ L 77, 23.3.2016, p. 1.

(3)  The remark ‘dependant’ is added where the person concerned is a family member of a person staying in Estonia on the basis of the International Military Cooperation Act.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 22.5.2018 | EN | Official Journal of the European Union | C 173/9 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/9

---

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in India

(2018/C 173/07)

Following the publication of a Notice of impending expiry (1) of the countervailing measures in force on the imports of certain polyethylene terephthalate originating in India (‘the country concerned’), the European Commission (‘the Commission’) has received a request for review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2), as amended (3) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 23 February 2018 by the Committee of PET Manufacturers in Europe (C.P.M.E. aisbl) (‘the applicant’) representing more than 80 % of the total Union production of polyethylene terephthalate (PET).

2.   Product under review

The product subject to this review is polyethylene terephthalate (PET) having a viscosity number of 78 ml/g or higher, according to ISO Standard 1628-5, currently falling within CN code 3907 61 00 and originating in India (‘the product under review’).

3.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Implementing Regulation (EU) No 461/2013 of 21 May 2013 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 597/2009 (4).

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 or recurrence of subsidisation and injury to the Union industry.

4.1.   
  Allegation of likelihood of continuation or recurrence of subsidisation

The applicant has provided sufficient evidence that the producers of the product under review in the country concerned have benefitted and are likely to continue to benefit from a number of subsidies granted by the Government of the country concerned and from regional and local governments in that country.

These practices consist, inter alia, of (1) direct transfer of funds and potential direct transfers of funds or liabilities, for example various grants; and (2) government revenue forgone or not collected, for example income tax reductions and exemptions and import tariff rebates. Some of the alleged subsidy practices were already countervailed in the investigation referred to in Section 3 above, while some others appear to be new and/or related practices.

The applicant alleges that the measures described are subsidies since they involve a financial contribution from the Government of the country concerned or regional and local governments in that country and confer a benefit to producers of the product under review. Those subsidies are alleged to be specific to an enterprise or industry or group of enterprises or industries or contingent upon export performance and therefore countervailable.

In view of Article 18(2) of the basic Regulation, the Commission prepared a memorandum on sufficiency of evidence containing the Commission's assessment on all the evidence at its disposal and on the basis of which the Commission initiates this investigation. That memorandum can be found in the file for inspection by interested parties.

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

4.2.   
  Allegation of likelihood of continuation or recurrence of injury

The applicant alleges that the Union industry has not yet fully recovered and remains vulnerable. The applicant has provided sufficient evidence showing likelihood of continuation or recurrence of injury, which is likely to be caused by an increase of subsidised imports from the country concerned. In this respect, the applicant has provided evidence that, should the measures be allowed to lapse, imports of the product under review to the Union are likely to increase due to (i) the existence of unused capacity in that country; (ii) the attractiveness of the Union market in terms of volume; and (iii) the existence of trade defence measures in other third countries. In addition, in the absence of measures, Indian export prices would be at a level low enough to injure the Union industry.

5.   Procedure

Having determined, after consulting the Committee established by Article 25(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 18 of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of subsidisation of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

The Government of the country concerned has been invited for consultations in accordance with Article 10(7) of the basic Regulation.

5.1.   
  Review investigation period and period considered

The investigation of a continuation or recurrence of subsidisation will cover the period from 1 April 2017 to 31 March 2018 (‘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 2014 to the end of the review investigation period (‘the period considered’).

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

In an expiry review, the Commission examines exports that were made to the Union in the review investigation period and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the product under review in the country concerned is such that exports at subsidised prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers of the product under review, irrespective of whether or not they exported (5) the product under review to the Union in the review investigation period, are invited to participate in the Commission investigation.

5.2.1.   Investigating producers in the country concerned

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

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to this review, are hereby requested to make themselves known to the Commission. Those 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 producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of 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 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 producers, the authorities of the country concerned and associations of 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 producers, the Commission will send questionnaires to the producers selected to be in the sample, to any known association of producers and to the authorities of the country concerned.

All 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 28 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating producers’).

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. The sampling is carried out in accordance with Article 27 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.7 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation 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 subsidisation and injury be confirmed, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether maintaining the countervailing 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 15 days 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. That information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

5.4.1.   Investigating unrelated importers
   (6)
   (7)

Unrelated importers of the product under review to the Union, including those that did not cooperate in the investigation leading to the measures in force, 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 27 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures in force, are hereby requested to make themselves known to the Commission. Those 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. Those parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.

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, such 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’. Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.

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

Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-R 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 email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by 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 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Email: |
| For subsidy aspects: TRADE-R694-PET-SUBSIDY@ec.europa.eu |
| For injury aspects: TRADE-R694-PET-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email:

For subsidy aspects: TRADE-R694-PET-SUBSIDY@ec.europa.eu

For injury aspects: TRADE-R694-PET-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 28 of the basic Regulation.

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

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

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

7.   Hearing Officer

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

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

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 22(1) 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 19 of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 18 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 22(3) 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 19 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).

---

(1)  OJ C 279, 23.8.2017, p. 11.

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

(3)  Regulation (EU) 2017/2321 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 338, 19.12.2017, p. 1).

(4)  OJ L 137, 23.5.2013, p. 1.

(5)  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.

(6)  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 15 in Annex II to this Notice.

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

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

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ANNEX I

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-SUBSIDY PROCEEDING CONCERNING IMPORTS OF CERTAIN POLYETHYLENE TEREPHTHALATE ORIGINATING IN INDIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF PRODUCERS IN INDIA

This form is designed to assist producers in India in responding to the request for sampling information made in point 5.2.1 of the Notice of initiation.

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

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Website

2. TURNOVER, SALES VOLUME, PRODUCTION AND PRODUCTION CAPACITY

Indicate the turnover in the accounting currency of the company during the review investigation period, i.e. from 1 April 2017 to 31 March 2018 (export sales to the Union for each of the 28 Member States (2) separately and in total and domestic sales) of the product under review as defined in the Notice of initiation and the corresponding weight. State the currency used.

Table I

Turnover, sales volume

Tonnes

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under review, manufactured by your company

Total:

Name each Member State (1):

Export sales of the product under review, manufactured by your company to the rest of the world

Total:

Name the 5 biggest importing countries and give the respective volumes and values (1)

(1) This 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 (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 (OJ L 176, 30.6.2016, p. 55) and Article 12.4 of the WTO Agreement on Subsidies and Countervailable Measures (SCM Agreement).

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

Image

Tonnes

Value in accounting currency

Specify the currency used

Domestic sales of the product under review, manufactured by your company

(1) Add additional rows where necessary.

Table II

Production and production capacity during the review investigation period, i.e. from 1 April 2017 to 31 March 2018

Tonnes

Your company’s overall production of the product under review

Your company’s production capacity of the product under review

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

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

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide the Commission with the company’s annual report and/or annual accounts for 2017-2018.

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

5. CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:

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

---

ANNEX II

Image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-SUBSIDY PROCEEDING CONCERNING IMPORTS OF CERTAIN POLYETHYLENE TEREPHTHALATE ORIGINATING IN INDIA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.4.1 of the Notice of initiation.

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

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Website

2. TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight for imports into the Union (2) and resales on the Union market after importation, during the review investigation period, i.e. from 1 April 2017 to 31 March 2018, of the product under review and the corresponding weight.

Tonnes

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under review into the Union

Resales on the Union market after importation of the product under review

(1) This 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 (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 (OJ L 176, 30.6.2016, p. 55) and Article 12.4 of the WTO Agreement on Subsidies and Countervailable Measures (SCM Agreement).

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

Image

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

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

Company name and location

Activities

Relationship

4. OTHER INFORMATION

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

5. CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:

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

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 22.5.2018 | EN | Official Journal of the European Union | C 173/19 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/19

---

Prior notification of a concentration

(Case M.8738 — Rhône-Zodiac/Fluidra)

(Text with EEA relevance)

(2018/C 173/08)

| 1. | On 3 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Piscine Luxembourg Holding 2 S.á.r.l., (‘Zodiac’) the entity (indirectly) controlling Zodiac Pool Solutions S.á.r.l. Zodiac is (indirectly) controlled by Rhône Capital L.L.C. (‘Rhône’), |
| --- | --- | --- |

1.

On 3 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—

Piscine Luxembourg Holding 2 S.á.r.l., (‘Zodiac’) the entity (indirectly) controlling Zodiac Pool Solutions S.á.r.l. Zodiac is (indirectly) controlled by Rhône Capital L.L.C. (‘Rhône’),

| — | Fluidra S.A. (‘Fluidra’), controlled by a group of natural persons forming part of the founding families of Fluidra (‘Fluidra Founding Families’) |
| --- | --- |

—

Fluidra S.A. (‘Fluidra’), controlled by a group of natural persons forming part of the founding families of Fluidra (‘Fluidra Founding Families’)

Rhône and the Fluidra Funding Families acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Zodiac and Fluidra.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for Rhône-Zodiac: manufacture of swimming pool equipment,
  —   for Fluidra: manufacture of swimming pool equipment. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Rhône-Zodiac: manufacture of swimming pool equipment,

—   for Fluidra: manufacture of swimming pool equipment.

| 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. The following reference should always be specified:
  M.8738 — Rhône-Zodiac/Fluidra
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  Email: COMP-MERGER-REGISTRY@ec.europa.eu |
| --- | --- |
| Fax +32 22964301 |
| Postal 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. The following reference should always be specified:

M.8738 — Rhône-Zodiac/Fluidra

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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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| 22.5.2018 | EN | Official Journal of the European Union | C 173/20 |
| --- | --- | --- | --- |

22.5.2018

EN

Official Journal of the European Union

C 173/20

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Prior notification of a concentration

(Case M.8921 — Onex/Vista/Severin Topco)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 173/09)

| 1. | On 14 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Onex Corporation (‘Onex’, Canada), |
| --- | --- | --- |

1.

On 14 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—

Onex Corporation (‘Onex’, Canada),

| — | Vista Private Equity (‘Vista’, United States), |
| --- | --- |

—

Vista Private Equity (‘Vista’, United States),

| — | Severin Topco LLC (‘Severin Topco’, United States). |
| --- | --- |

—

Severin Topco LLC (‘Severin Topco’, United States).

Onex and Vista acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Severin Topco.

The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Onex: a Canadian-based corporation listed on the Toronto Stock Exchange that invests in companies through a number of private equity funds,
  —   for Vista: an investment firm based in the United States,
  —   for Severin Topco: a provider of application software and talent management software for school systems under the names PowerSchool and PeopleAdmin. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Onex: a Canadian-based corporation listed on the Toronto Stock Exchange that invests in companies through a number of private equity funds,

—   for Vista: an investment firm based in the United States,

—   for Severin Topco: a provider of application software and talent management software for school systems under the names PowerSchool and PeopleAdmin.

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

3.

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

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
  M.8921 — Onex/Vista/Severin Topco
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  Email: COMP-MERGER-REGISTRY@ec.europa.eu |
| --- | --- |
| Fax +32 22964301 |
| Postal 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. The following reference should always be specified:

M.8921 — Onex/Vista/Severin Topco

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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