# Official Journal C 183/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 183 |
| | |
| English edition | Information and Notices | Volume 6411 May 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 183

English edition

Information and Notices

Volume 6411 May 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 183/01 | Non-opposition to a notified concentration (Case M.10215 — CVC/Carlyle/MedRisk) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 183/01

Non-opposition to a notified concentration (Case M.10215 — CVC/Carlyle/MedRisk) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 183/02 | Euro exchange rates — 10 May 2021 | 2 |
| | European Data Protection Supervisor |
| 2021/C 183/03 | Summary of the Opinion of the European Data Protection Supervisor on the Cybersecurity Strategy and the NIS 2.0 Directive
  (The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu) | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 183/02

Euro exchange rates — 10 May 2021

2

European Data Protection Supervisor

2021/C 183/03

Summary of the Opinion of the European Data Protection Supervisor on the Cybersecurity Strategy and the NIS 2.0 Directive
  (The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2021/C 183/04 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain ring binder mechanisms originating in the People’s Republic of China and extended to Vietnam and Lao People’s Democratic Republic | 8 |
| | OTHER ACTS |
| | European Commission |
| 2021/C 183/05 | Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector, as referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33 | 20 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2021/C 183/04

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain ring binder mechanisms originating in the People’s Republic of China and extended to Vietnam and Lao People’s Democratic Republic

8

OTHER ACTS

European Commission

2021/C 183/05

Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector, as referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

20

---

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

---

(1)   Text with EEA relevance.

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.5.2021 | EN | Official Journal of the European Union | C 183/1 |
| --- | --- | --- | --- |

11.5.2021

EN

Official Journal of the European Union

C 183/1

---

Non-opposition to a notified concentration

(Case M.10215 — CVC/Carlyle/MedRisk)

(Text with EEA relevance)

(2021/C 183/01)

On 5 May 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10215. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10215. EUR-Lex is the online access to European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 11.5.2021 | EN | Official Journal of the European Union | C 183/2 |
| --- | --- | --- | --- |

11.5.2021

EN

Official Journal of the European Union

C 183/2

---

Euro exchange rates (1)

10 May 2021

(2021/C 183/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2169 |
| JPY | Japanese yen | 132,31 |
| DKK | Danish krone | 7,4361 |
| GBP | Pound sterling | 0,86195 |
| SEK | Swedish krona | 10,1235 |
| CHF | Swiss franc | 1,0939 |
| ISK | Iceland króna | 150,90 |
| NOK | Norwegian krone | 10,0008 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,591 |
| HUF | Hungarian forint | 357,26 |
| PLN | Polish zloty | 4,5631 |
| RON | Romanian leu | 4,9248 |
| TRY | Turkish lira | 10,0495 |
| AUD | Australian dollar | 1,5433 |
| CAD | Canadian dollar | 1,4743 |
| HKD | Hong Kong dollar | 9,4504 |
| NZD | New Zealand dollar | 1,6673 |
| SGD | Singapore dollar | 1,6110 |
| KRW | South Korean won | 1 353,14 |
| ZAR | South African rand | 17,0843 |
| CNY | Chinese yuan renminbi | 7,8045 |
| HRK | Croatian kuna | 7,5415 |
| IDR | Indonesian rupiah | 17 189,26 |
| MYR | Malaysian ringgit | 4,9984 |
| PHP | Philippine peso | 58,247 |
| RUB | Russian rouble | 90,0154 |
| THB | Thai baht | 37,809 |
| BRL | Brazilian real | 6,3848 |
| MXN | Mexican peso | 24,2464 |
| INR | Indian rupee | 89,2585 |

Currency

Exchange rate

USD

US dollar

1,2169

JPY

Japanese yen

132,31

DKK

Danish krone

7,4361

GBP

Pound sterling

0,86195

SEK

Swedish krona

10,1235

CHF

Swiss franc

1,0939

ISK

Iceland króna

150,90

NOK

Norwegian krone

10,0008

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,591

HUF

Hungarian forint

357,26

PLN

Polish zloty

4,5631

RON

Romanian leu

4,9248

TRY

Turkish lira

10,0495

AUD

Australian dollar

1,5433

CAD

Canadian dollar

1,4743

HKD

Hong Kong dollar

9,4504

NZD

New Zealand dollar

1,6673

SGD

Singapore dollar

1,6110

KRW

South Korean won

1 353,14

ZAR

South African rand

17,0843

CNY

Chinese yuan renminbi

7,8045

HRK

Croatian kuna

7,5415

IDR

Indonesian rupiah

17 189,26

MYR

Malaysian ringgit

4,9984

PHP

Philippine peso

58,247

RUB

Russian rouble

90,0154

THB

Thai baht

37,809

BRL

Brazilian real

6,3848

MXN

Mexican peso

24,2464

INR

Indian rupee

89,2585

---

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

---

European Data Protection Supervisor

| 11.5.2021 | EN | Official Journal of the European Union | C 183/3 |
| --- | --- | --- | --- |

11.5.2021

EN

Official Journal of the European Union

C 183/3

---

Summary of the Opinion of the European Data Protection Supervisor on the Cybersecurity Strategy and the NIS 2.0 Directive

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2021/C 183/03)

On 16 December 2020, the European Commission has adopted a proposal for a Directive of the European Parliament and of the Council on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 (‘the Proposal’). In parallel, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy issued a Joint Communication to the European Parliament and the Council, titled ‘The EU’s Cybersecurity Strategy for the Digital Decade’ (‘the Strategy’).

The EDPS fully supports the overall objective of the Strategy to ensure a global and open internet with strong safeguards for the risks to security and the fundamental rights, recognising the strategic value of the Internet and its governance and reinforcing the Union action therein, in a multi-stakeholders model.

The EDPS therefore equally welcomes the aim of the Proposal to introduce systemic and structural changes to the current NIS Directive in order to cover a wider set of entities across the Union, with stronger security measures, including mandatory risk management, minimum standards and relevant supervision and enforcement provisions. In this regard, the EDPS considers that it is necessary to fully integrate Union institutions, offices, bodies and agencies in the overall EU-wide cybersecurity framework for achieving a uniform level of protection, by including Union institutions, offices, bodies and agencies explicitly in the scope of the Proposal.

The EDPS further highlights the importance of integrating the privacy and data protection perspective in the cybersecurity measures stemming from the Proposal or from other cybersecurity initiatives of the Strategy in order to ensure a holistic approach and enable synergies when managing cybersecurity and protecting the personal information they process. It is equally important that that any potential limitation of the right to the protection of personal data and privacy entailed by such measures fulfil the criteria laid down in Article 52 of EU Charter of Fundamental Rights, and in particular that they be achieved by way of a legislative measure, and be both necessary and proportionate.

It is the expectation of the EDPS that the Proposal does not seek to affect the application of existing EU laws governing the processing of personal data, including the tasks and powers of the independent supervisory authorities competent to monitor compliance with those instruments. This means that all cybersecurity systems and services involved in the prevention, detection, and response to cyber threats should be compliant with the current privacy and data protection framework. In this regard, the EDPS considers it important and necessary to establish a clear and unambiguous definition for the term ‘cybersecurity’ for the purposes of the Proposal.

The EDPS issues specific recommendations to ensure that the Proposal correctly and effectively complements the existing Union legislation on personal data protection, in particular the GDPR and the ePrivacy Directive, also by involving the EDPS and the European Data Protection Board when necessary, and establishing clear mechanisms for the collaboration between competent authorities from the different regulatory areas.

Furthermore, the provisions on managing internet Top Level Domain registries should clearly define the relevant scope and conditions in law. The concept of the proactive scans of network and information systems by the CSIRTs equally requires further clarifications on the scope and the types of personal data processed. Attention is drawn to the risks for possible non-compliant data transfers related to the outsourcing of cybersecurity services or the acquisition of cybersecurity products and their supply chain.

The EDPS welcomes the call for the promotion of the use of encryption, and in particular end-to-end encryption, and reiterates his position on encryption as a critical and irreplaceable technology for effective data protection and privacy, whose circumvention would deprive the mechanism of any protection capability due to their possible unlawful use and loss of trust in security controls. To this end, it should be clarified that nothing in the Proposal should be construed as an endorsement of weakening end-to-end encryption through ‘backdoors’ or similar solutions.

1.   INTRODUCTION AND BACKGROUND

| 1. | On 16 December 2020, the European Commission has adopted a proposal for a Directive of the European Parliament and of the Council, on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 (1) (‘the Proposal’). |
| --- | --- |

1.

| 2. | On the same date, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy issued a Joint Communication to the European Parliament and the Council, titled ‘The EU’s Cybersecurity Strategy for the Digital Decade’ (‘the Strategy’). (2) |
| --- | --- |

2.

| 3. | The Strategy aims to strengthen the Union’s strategic autonomy in the fields of cybersecurity and to improve its resilience and collective response as well as to build a global and open Internet with strong guardrails to address the risks to the security and fundamental rights and freedoms of people in Europe. (3) |
| --- | --- |

3.

| 4. | The Strategy contains proposals for regulatory, investment and policy initiatives in three areas of EU action: (1) resilience, technological sovereignty and leadership, (2) building operational capacity to prevent, deter and respond, and (3) advancing a global and open cyberspace. |
| --- | --- |

4.

| 5. | The Proposal constitutes one of the regulatory initiatives of the Strategy, and in particular in the area of resilience, technological sovereignty and leadership. |
| --- | --- |

5.

| 6. | According to the Explanatory Memorandum, the aim of the Proposal is to modernise the existing legal framework, i.e. Directive (EU) 2016/1148 of the European Parliament and of the Council (‘NIS Directive’) (4). The Proposal aims to build on and repeal the current NIS Directive, which was the first EU-wide legislation on cybersecurity and provides legal measures to boost the overall level of cybersecurity in the Union. The Proposal takes account of the increased digitisation of the internal market in recent years and of an evolving cybersecurity threat landscape, as amplified since the onset of the COVID-19 crisis. The Proposal aims to address several identified shortcomings of the NIS Directive and aims to increase the level of cyber resilience of all those sectors, public and private, that perform an important function for the economy and society. |
| --- | --- |

6.

| 7. | The main elements of the Proposal are:






  (i) | the expansion of the scope of the current NIS Directive by adding new sectors based on their criticality for the economy and society; |
| --- | --- | --- |

7.

(i)

the expansion of the scope of the current NIS Directive by adding new sectors based on their criticality for the economy and society;

| (ii) | stronger security requirements for covered companies and entities, by imposing a risk management approach providing a minimum list of basic security elements that have to be applied; |
| --- | --- |

(ii)

stronger security requirements for covered companies and entities, by imposing a risk management approach providing a minimum list of basic security elements that have to be applied;

| (iii) | addressing the security of supply chains and supplier relationships by requiring individual companies to address cybersecurity risks in supply chains and supplier relationships; |
| --- | --- |

(iii)

addressing the security of supply chains and supplier relationships by requiring individual companies to address cybersecurity risks in supply chains and supplier relationships;

| (iv) | enhancement of cooperation between Member State authorities and with Union institutions, offices, bodies and agencies in dealing with cybersecurity related activities, including cyber crisis management. |
| --- | --- |

(iv)

enhancement of cooperation between Member State authorities and with Union institutions, offices, bodies and agencies in dealing with cybersecurity related activities, including cyber crisis management.

| 8. | On 14 January 2021, the EDPS received a request for formal consultation from the European Commission, on the ‘Proposal for a Directive of the European Parliament and of the Council on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148’. |
| --- | --- |

8.

3.   CONCLUSIONS

| 77. | In light of the above, the EDPS makes the following recommendations: |
| --- | --- |

77.

Concerning the Cybersecurity Strategy

| — | to take into account that the first step to mitigate data protection and privacy risks that are associated with new technologies for improving cybersecurity, such as AI, is to apply the data protection by design and by default requirements laid down in Article 25 GDPR, which will assist in integrating the appropriate safeguards such as pseudonymisation, encryption, data accuracy, data minimization, in the design and use of these technologies and systems; |
| --- | --- |

—

to take into account that the first step to mitigate data protection and privacy risks that are associated with new technologies for improving cybersecurity, such as AI, is to apply the data protection by design and by default requirements laid down in Article 25 GDPR, which will assist in integrating the appropriate safeguards such as pseudonymisation, encryption, data accuracy, data minimization, in the design and use of these technologies and systems;

| — | to take into account the importance of integrating the privacy and data protection perspective in the cybersecurity related policies and standards as well as in the traditional cybersecurity management in order to ensure a holistic approach and enable synergies to public and private organisations when managing cybersecurity and protecting the information they process without useless multiplication of efforts; |
| --- | --- |

—

to take into account the importance of integrating the privacy and data protection perspective in the cybersecurity related policies and standards as well as in the traditional cybersecurity management in order to ensure a holistic approach and enable synergies to public and private organisations when managing cybersecurity and protecting the information they process without useless multiplication of efforts;

| — | to consider and plan for resources to be used by EUIs to strengthen their cybersecurity capacity, including in a way that is fully respecting the EU’s values; |
| --- | --- |

—

to consider and plan for resources to be used by EUIs to strengthen their cybersecurity capacity, including in a way that is fully respecting the EU’s values;

| — | take into account the privacy and data protection dimensions of cybersecurity by investing in policies, practices and tools where the privacy and data protection perspective is integrated in the traditional cybersecurity management and effective data protection safeguards are integrated when processing personal data in cybersecurity activities; |
| --- | --- |

—

take into account the privacy and data protection dimensions of cybersecurity by investing in policies, practices and tools where the privacy and data protection perspective is integrated in the traditional cybersecurity management and effective data protection safeguards are integrated when processing personal data in cybersecurity activities;

On the scope of the Strategy and of the Proposal to the Union institutions, offices, bodies and agencies

| — | to take into account the EUIs needs and role so that EUIs be integrated in this overall EU-wide cybersecurity framework as entities enjoying the same high level of protection as those in the Member States; and |
| --- | --- |

—

to take into account the EUIs needs and role so that EUIs be integrated in this overall EU-wide cybersecurity framework as entities enjoying the same high level of protection as those in the Member States; and

| — | to include Union institutions, offices, bodies and agencies explicitly in the scope of the Proposal. |
| --- | --- |

—

to include Union institutions, offices, bodies and agencies explicitly in the scope of the Proposal.

Concerning the relationship to existing Union legislation on personal data protection

| — | to clarify in Article 2 of the Proposal that the Union’s legislation for the protection of personal data, in particular the GDPR and the ePrivacy Directive apply to any processing of personal data falling within the scope of the Proposal (instead just within specific contexts); and |
| --- | --- |

—

to clarify in Article 2 of the Proposal that the Union’s legislation for the protection of personal data, in particular the GDPR and the ePrivacy Directive apply to any processing of personal data falling within the scope of the Proposal (instead just within specific contexts); and

| — | to also clarify in a relevant recital that the Proposal does not seek to affect the application of existing EU laws governing the processing of personal data, including the tasks and powers of the independent supervisory authorities competent to monitor compliance with those instruments; |
| --- | --- |

—

to also clarify in a relevant recital that the Proposal does not seek to affect the application of existing EU laws governing the processing of personal data, including the tasks and powers of the independent supervisory authorities competent to monitor compliance with those instruments;

Concerning the definition of cybersecurity

| — | to clarify the different use of the terms ‘cybersecurity’ and ‘security of network and information systems’; and to use the term ‘cybersecurity’ in general and the term of ‘security of network and information systems’ only when the context (e.g. a purely technical one, without having regard to impacts also on users of systems and other persons) allows it. |
| --- | --- |

—

to clarify the different use of the terms ‘cybersecurity’ and ‘security of network and information systems’; and to use the term ‘cybersecurity’ in general and the term of ‘security of network and information systems’ only when the context (e.g. a purely technical one, without having regard to impacts also on users of systems and other persons) allows it.

Concerning the domain names and registration data (‘WHOIS data’)

| — | to clearly spell out what constitutes ‘relevant information’ for the purposes of identification and contacting the holders of the domain names and the points of contact administering the domain names under the TLDs; |
| --- | --- |

—

to clearly spell out what constitutes ‘relevant information’ for the purposes of identification and contacting the holders of the domain names and the points of contact administering the domain names under the TLDs;

| — | to clarify in greater detail which categories of data domain registration data (which do not constitute personal data) should be the subject of publication; |
| --- | --- |

—

to clarify in greater detail which categories of data domain registration data (which do not constitute personal data) should be the subject of publication;

| — | to clarify further which (public or private) entities might constitute ‘legitimate access seekers’; |
| --- | --- |

—

to clarify further which (public or private) entities might constitute ‘legitimate access seekers’;

| — | to clarify whether the personal data held by the TLD registries and the entities providing domain name registration services for the TLD should also be accessible by entities outside the EEA, and if that would be the case to clearly lay down the conditions, limitations and procedures for such access, taking into account also the requirements of Article 49(2) GDPR, where applicable; and |
| --- | --- |

—

to clarify whether the personal data held by the TLD registries and the entities providing domain name registration services for the TLD should also be accessible by entities outside the EEA, and if that would be the case to clearly lay down the conditions, limitations and procedures for such access, taking into account also the requirements of Article 49(2) GDPR, where applicable; and

| — | to introduce further clarification as to what constitutes a ‘lawful and duly justified’ request on the basis of which access shall be granted, and under which conditions. |
| --- | --- |

—

to introduce further clarification as to what constitutes a ‘lawful and duly justified’ request on the basis of which access shall be granted, and under which conditions.

Concerning the ‘proactive scanning of network and information systems’ by CSIRTs

| — | to clearly delineate the types of proactive scanning which CSIRTs may be requested to undertake and to identify the main categories of personal data involved in the text of the Proposal. |
| --- | --- |

—

to clearly delineate the types of proactive scanning which CSIRTs may be requested to undertake and to identify the main categories of personal data involved in the text of the Proposal.

Concerning outsourcing and supply chain

| — | to take into account the features enabling the effective implementation of the principle of data protection by design and by default, when assessing supply chains for technology and systems processing personal data; |
| --- | --- |

—

to take into account the features enabling the effective implementation of the principle of data protection by design and by default, when assessing supply chains for technology and systems processing personal data;

| — | to take into account specific requirements in the country of origin that might represent an obstacle to compliance with EU privacy and data protection law, when assessing the supply chain risks of ICT services, systems or products; and |
| --- | --- |

—

to take into account specific requirements in the country of origin that might represent an obstacle to compliance with EU privacy and data protection law, when assessing the supply chain risks of ICT services, systems or products; and

| — | to include in the legal text the mandatory consultation of the EDPB when defining the aforementioned features and, as necessary, in the coordinated sectoral risk assessment mentioned in the recital 46; |
| --- | --- |

—

to include in the legal text the mandatory consultation of the EDPB when defining the aforementioned features and, as necessary, in the coordinated sectoral risk assessment mentioned in the recital 46;

| — | to recommend to mention in a recital that open source cybersecurity products (software and hardware), including open source encryption, might offer the necessary transparency to mitigate specific supply chain risks. |
| --- | --- |

—

to recommend to mention in a recital that open source cybersecurity products (software and hardware), including open source encryption, might offer the necessary transparency to mitigate specific supply chain risks.

Concerning encryption

| — | to clarify in recital 54 that nothing in the Proposal should be construed as an endorsement of weakening end-to-end encryption through ‘backdoors’ or similar solutions. |
| --- | --- |

—

to clarify in recital 54 that nothing in the Proposal should be construed as an endorsement of weakening end-to-end encryption through ‘backdoors’ or similar solutions.

Concerning Cybersecurity risk management measures

| — | to include both in recitals and in the substantive part of the Proposal the concept that integrating the privacy and data protection perspective in the traditional cybersecurity risk management will ensure a holistic approach and enable synergies to public and private organisations when managing cybersecurity and protection the information they process without useless multiplication of efforts; |
| --- | --- |

—

to include both in recitals and in the substantive part of the Proposal the concept that integrating the privacy and data protection perspective in the traditional cybersecurity risk management will ensure a holistic approach and enable synergies to public and private organisations when managing cybersecurity and protection the information they process without useless multiplication of efforts;

| — | to add in the legal text an obligation for ENISA to consult the EDPB when drawing up relevant advice. |
| --- | --- |

—

to add in the legal text an obligation for ENISA to consult the EDPB when drawing up relevant advice.

Concerning personal data breaches

| — | to change the text ‘within a reasonable period of time’ of Article 32(1) to ‘without undue delay’. |
| --- | --- |

—

to change the text ‘within a reasonable period of time’ of Article 32(1) to ‘without undue delay’.

Concerning the Cooperation Group

| — | to include in the legal text the participation of EDPB in the Cooperation Group, taking into account the link between the task of this Group and the data protection framework. |
| --- | --- |

—

to include in the legal text the participation of EDPB in the Cooperation Group, taking into account the link between the task of this Group and the data protection framework.

Concerning jurisdiction and territoriality

| — | to clarify in the legal text that the Proposal does not affect the competences of data protection supervisory authorities under the GDPR; |
| --- | --- |

—

to clarify in the legal text that the Proposal does not affect the competences of data protection supervisory authorities under the GDPR;

| — | to provide a comprehensive legal basis for the cooperation and exchange of information among competent and supervisory authorities, each acting within their respective areas of competence; and |
| --- | --- |

—

to provide a comprehensive legal basis for the cooperation and exchange of information among competent and supervisory authorities, each acting within their respective areas of competence; and

| — | to clarify that competent authorities under the Proposal should be able to provide to the competent supervisory authorities under Regulation (EU) 2016/679, upon request or on their own initiative, any information obtained in the context of any audits and investigations that relate to the processing of personal data and to include an explicit legal basis to that this effect. |
| --- | --- |

—

to clarify that competent authorities under the Proposal should be able to provide to the competent supervisory authorities under Regulation (EU) 2016/679, upon request or on their own initiative, any information obtained in the context of any audits and investigations that relate to the processing of personal data and to include an explicit legal basis to that this effect.

Brussels, 11 March 2021.

Wojciech Rafał WIEWIÓROWSKI

---

(1)  Proposal for a Directive of the European Parliament and of the Council on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148, COM (2020) 823 final.

1

(2)  The EU’s Cybersecurity Strategy for the Digital Decade, JOIN (2020) 18 final.

2

(3)  See chapter I. INTRODUCTION, page 4 of the Strategy.

3

(4)  Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

4

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 11.5.2021 | EN | Official Journal of the European Union | C 183/8 |
| --- | --- | --- | --- |

11.5.2021

EN

Official Journal of the European Union

C 183/8

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain ring binder mechanisms originating in the People’s Republic of China and extended to Vietnam and Lao People’s Democratic Republic

(2021/C 183/04)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain ring binder mechanisms originating in the People’s Republic of China (‘the country concerned’ or ‘PRC’), the European Commission (‘the Commission’) has received a request for a review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 12 February 2021 by Ring Alliance Ringbuchtechnik GmbH (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of certain ring binder mechanisms.

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

2.   Product under review

The product subject to this review is certain ring binder mechanisms (‘the product under review’), currently classified under CN code ex 8305 10 00 (TARIC codes 8305100011, 8305100013, 8305100019, 8305100021, 8305100023, 8305100029, 8305100034 and 8305100035). The CN and TARIC codes are given for information only.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) 2016/703 (3), and extended to imports consigned from Vietnam and from the Lao People’s Democratic Republic, whether declared as originating respectively in Vietnam and the Lao People’s Democratic Republic or not, by Council Regulations (EC) No 1208/2004 and (EC) No 33/2006 (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 dumping and continuation or recurrence of injury to the Union industry.

4.1.   
  Allegation of likelihood of continuation or recurrence of dumping

The applicant claimed that it is not appropriate to use domestic prices and costs in the PRC, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.

To substantiate the allegations of significant distortions, the applicant relied on the information contained in the country report produced by the Commission services on 20 December 2017 describing the specific market circumstances in the PRC (5). In particular, the applicant referred to distortions as differential or preferential pricing for raw materials, and distortions with regard to other material inputs, land, energy and labour.

In addition, the applicant refers to the 2017 Study commissioned by Wirtschafts Vereinigung Metalle e.v., Analysis of Market-Distortions in the Chinese Non-Ferrous Metals Industry (6), and to the regulations imposing provisional measures on hot-rolled stainless steel (7) and aluminium extrusions (8).

As a result, in view of Article 2(6a)(a) of the basic Regulation, the allegation of continuation or recurrence of dumping is based on a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or benchmarks in an appropriate representative country, with the export price (at ex-works level) of the product under review from the country concerned when sold for export to the Union.

In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9) of the basic Regulation tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in the country concerned is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Regulation.

The country report is available in the file for inspection by interested parties and on DG Trade’s website (9).

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

4.2.   
  Allegation of likelihood of continuation or recurrence of injury

The applicant alleges the likelihood of continuation or recurrence of injury. The applicant has provided sufficient evidence that imports of the product under review from the country concerned to the Union remained stable in absolute terms and in terms of market shares.

The evidence provided by the applicant shows that the volume and/or the prices of the imported product under review have, among other consequences, had a negative impact on the quantities sold and/or the level of prices charged, resulting in adverse effects on the overall performance of the Union industry.

Moreover, in any event, the applicant has also provided sufficient 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 substantial unused capacity of the exporting producers in the PRC, as well as due to the attractiveness of the EU market. In this respect, the applicant alleges that the eventual removal of injury would be mainly due to the existence of measures and that, should measures be allowed to lapse, any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry.

5.   Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence of a likelihood of dumping and injury 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.

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

Regulation (EU) 2018/825 of the European Parliament and of the Council (10) (TDI Modernisation package), which entered into force on 8 June 2018, introduced a number of changes to the timetable and deadlines previously applicable in anti-dumping proceedings. Therefore, the Commission invites interested parties to respect the procedural steps and deadlines provided in this Notice as well as in further communications from the Commission. The Commission also draws the attention of the parties that further to the COVID-19 outbreak, a Notice (11) has been published on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

5.1.   
  Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 January 2020 to 31 December 2020 (‘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 2017 to the end of the review investigation period (‘the period considered’).

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

All interested parties are invited to make their views known on the inputs and the Harmonised System (HS) codes provided in the request (12) within 15 days of the date of publication of this Notice in the Official Journal
  of the European Union (13).

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

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

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

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 dumped prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers (14) of the product under review from the country concerned, irrespective of whether or not they exported the product under review to the Union in the review investigation period, are invited to participate in the Commission investigation.

5.3.1.   Investigating producers in the country concerned

In view of the potentially large number of exporting producers in the PRC 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 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 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 provide the Commission with information on their company(ies) within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/R738_SAMPLING_FORM_FOR_EXPORTING_PRODUCER Tron access information can be found in Sections 5.6 and 5.9 below.

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

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 in the country concerned, the authorities of the country concerned and associations of producers in the country concerned will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

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

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

A copy of the questionnaire for producers in the country concerned is available in the file for inspection by interested parties and on DG Trade’s website: https://trade.ec.europa.eu/tdi/case_details.cfm?id=2526

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 producers’).

5.3.2.   Additional procedure with regard to the country concerned subject to significant distortions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

Pursuant to point (e) of Article 2(6a) of the basic Regulation, the Commission will, shortly after initiation, by means of a note to the file for inspection by interested parties, inform parties to the investigation about the relevant sources that it intends to use for the purpose of determining normal value in the country concerned pursuant to Article 2(6a) of the basic Regulation. This will cover all sources, including the selection of an appropriate representative third country where appropriate. Parties to the investigation shall be given 10 days from the date at which that note is added to the case file to submit comments.

According to the information available to the Commission, possible representative third countries for the country concerned in this case are Turkey and Serbia. With the aim of finally selecting the appropriate representative third country, the Commission will examine whether there are countries with a similar level of economic development as the country concerned, in which there is production and sales of the product under review and in which relevant data are readily available. Where there is more than one such country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection.

With regard to the relevant sources, the Commission invites all producers in the PRC to provide information on the materials (raw and processed) and energy used in the production of the product under review within 15 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/R738_INFO_ON_INPUTS_FOR_EXPORTING_PRODUCER_FORM Tron access information can be found in Sections 5.6 and 5.9 below.

Furthermore, any submissions of factual information to value costs and prices pursuant to point (a) of Article 2(6a) of the basic Regulation must be filed within 65 days of the date of publication of this Notice. Such factual information should be taken exclusively from publicly available sources.

In order to obtain the information it deems necessary for its investigation with regard to the alleged significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission will also make available a questionnaire to the Government of the country concerned.

5.3.3.   Investigating unrelated importers (15) (16)

Unrelated importers of the product under review from the PRC to the Union, including those that did not cooperate in the investigation(s) 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 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 7 days of the date of publication of this Notice by providing the Commission with the information on their company(ies) requested in the Annex 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.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review from the country concerned 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.

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

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

A copy of the questionnaire for unrelated importers is available in the file for inspection by interested parties and on DG Trade’s website: https://trade.ec.europa.eu/tdi/case_details.cfm?id=2526

5.4.   
  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.

5.4.1.   Investigating Union producers

In order to obtain information it deems necessary for its investigation with regard to Union producers, the Commission will make available questionnaires to known Union producers or representative Union producers, namely to: IML Industria Meccanica Lombarda SRL, Koloman Handler Fémárugyár Magyarország Kft and Ring Alliance Ringbuchtechnik Gmbh.

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

Union producers and representative associations not listed above are invited to contact the Commission, preferably by email, immediately but no later than 7 days after the publication of this Notice, unless otherwise specified, in order to make themselves known and request a questionnaire.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website: https://trade.ec.europa.eu/tdi/case_details.cfm?id=2526

5.5.   
  Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of dumping and continuation or recurrence of 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, trade unions and representative consumer organisations are invited to provide the Commission with information on the Union interest. In order to participate in the investigation, the representative consumer organisations have to demonstrate that there is an objective link between their activities and the product under review.

Information concerning the assessment of Union interest must be provided within 37 days of the date of publication of this Notice, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission.

A copy of the questionnaires, including the questionnaire for users of the product under review, is available in the file for inspection by interested parties and on DG Trade’s website: https://trade.ec.europa.eu/tdi/case_details.cfm?id=2526 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, which substantiates its validity.

5.6.   
  Interested parties

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

Producers in the country concerned, Union producers, importers and representative associations who made information available in accordance to the procedures described in Sections 5.3.1, 5.3.3 and 5.4.1 will be considered as interested parties if there is an objective link between their activities and the product under review.

Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under review. Being considered as an interested party is without prejudice to the application of Article 18 of the basic Regulation.

Access to the file available for inspection for interested parties is made via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI Please follow the instructions on that page to get access (17).

5.7.   
  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.

5.8.   
  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 as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

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

5.9.   
  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 the Commission (a) 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 ‘Sensitive’ (18). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

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

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

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate G |
| Office: CHAR 04/039 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Trade

Directorate G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON.tdi: https://tron.trade.ec.europa.eu/tron/TDI

Email addresses:

For dumping issues: TRADE-R738-RBM-DUMPING@ec.europa.eu

For injury and Union interest issues: TRADE-R738-RBM-INJURY@ec.europa.eu

6.   Schedule of the investigation

The investigation shall normally be concluded within 12 months and in any event no later than 15 months from the date of the publication of this Notice, pursuant to Article 11(5) of the basic Regulation.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in Section 5 of this Notice.

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

8.   Possibility to comment on other parties’ submissions

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

Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 5 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified.

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

9.   Extension to time limits specified in this Notice

Extensions to time limits provided for in this Notice may be granted upon request of interested parties showing due cause.

Any extension to the time limits provided for in this Notice should only be requested in exceptional circumstances and will only be granted if duly justified. In any event, any extension to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days. Regarding time limits for the submission of other information specified in this Notice, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

10.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, 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.

11.   Hearing Officer

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

The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services to ensure that the interested parties’ rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in due course.

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

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

12.   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.

13.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (19).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s website: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/

---

(1)  OJ C 331, 7.10.2020, p. 14.

(2)  OJ L 176, 30.6.2016, p. 21.

(3)  Commission Implementing Regulation (EU) 2016/703 of 11 May 2016 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ L 122, 12.5.2016, p. 1).

(4)  Council Regulation (EC) No 1208/2004 of 28 June 2004 extending the definitive anti-dumping measures imposed by Regulation (EC) No 119/97 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam (OJ L 232, 1.7.2004, p. 1); Council Regulation (EC) No 33/2006 of 9 January 2006 extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Lao People’s Democratic Republic (OJ L 7, 12.1.2006, p. 1).

(5)  Commission Staff Working Document, on Significant Distortions in the Economy of the People’s Republic of China for the Purposes of Trade Defence Investigations, 20.12.2017, SWD (2017) 483 final/2, available at: http://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf

(6)  https://eurometaux.eu/media/1624/study_-analysis-of-market-distortions-in-china.pdf

(7)  Commission Implementing Regulation (EU) 2020/508 of 7 April 2020 imposing a provisional anti-dumping duty on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan (OJ L 110, 8.4.2020, p. 3).

(8)  Commission Implementing Regulation (EU) 2020/1428 of 12 October 2020 imposing a provisional anti-dumping duty on imports of aluminium extrusions originating in the People’s Republic of China (OJ L 336, 13.10.2020, p. 8).

(9)  Documents cited in the country report may also be obtained upon a duly reasoned request.

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

(11)  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020XC0316%2802%29

(12)  Information on HS codes is also provided in the executive summary of the review request, which is available on DG Trade’s website (http://trade.ec.europa.eu/tdi/?).

(13)  All references to the publication of this Notice will be references to publication of this Notice in the Official Journal
  of the European Union, unless otherwise specified.

(14)  A producer is any company in the country concerned which produces the product under review, including any of its related companies involved in the production, domestic sales or exports of the product under review.

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

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

(17)  In case of technical problems please contact the Trade Service Desk by email trade-service-desk@ec.europa.eu or by telephone +32 22979797.

(18)  A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). 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).

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

---

ANNEX

| ☐ | ‘Sensitive’ version |
| --- | --- |
| ☐ | Version ‘For inspection by interested parties’ |
| (tick the appropriate box) |

☐

‘Sensitive’ version

☐

Version ‘For inspection by interested parties’

(tick the appropriate box)

EXPIRY REVIEW OF THE ANTI-DUMPING MEASURES APPLICABLE TO IMPORTS OF CERTAIN RING BINDER MECHANISMS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA AND EXTENDED TO VIETNAM AND LAO PEOPLE’S DEMOCRATIC REPUBLIC

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3.3 of the Notice of initiation.

Both the ‘Sensitive’ version and the version ‘Open 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 | |

Company name

Address

Contact person

Email address

Telephone

Website

2.   TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of your company, and the turnover and weight for imports into the Union and resales on the Union market after importation from the PRC, during the review investigation period (1 January 2020 to 31 December 2020) of certain ring binder mechanisms as defined in the Notice of initiation. State the unit of weight used if different from tonnes.

| | 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 from the PRC of the product under review | | |

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 from the PRC of the product under review

3.   ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

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 it.

| Company name and location | Activities | Relationship |
| --- | --- | --- |
| | | |
| | | |
| | | |

Company name and location

Activities

Relationship

4.   OTHER INFORMATION

Please provide any other relevant information that you consider 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:

---

(1)  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).

---

OTHER ACTS

European Commission

| 11.5.2021 | EN | Official Journal of the European Union | C 183/20 |
| --- | --- | --- | --- |

11.5.2021

EN

Official Journal of the European Union

C 183/20

---

Publication of a communication of approval of a standard amendment to the product specification for a name in the wine sector, as referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2021/C 183/05)

This communication is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1).

COMMUNICATION OF A STANDARD AMENDMENT MODIFYING THE SINGLE DOCUMENT

‘PUISSEGUIN SAINT-EMILION’

PDO-FR-A0992-AM03

Date of communication: 9.3.2021

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1.   Geographical area

There is no longer any reference to cadastral sections in the description of the geographical area. A reference to the Official Geographic Code has been added.

The amendment merely changes the wording and has no impact on the geographical area.

Point 1.6 of the single document has been amended accordingly.

2.   Area in immediate proximity

The area in immediate proximity has been amended to correct an oversight. When the municipalities of Puisseguin and Monbadon were merged, the part corresponding to the latter was not included in the area in immediate proximity. A reference to the Official Geographic Code has been added.

Point 1.9 of the single document has been amended accordingly.

3.   Circulation between authorised warehouses

Point IX(5)(b) of Chapter 1 on the date of entry into circulation of the wines between authorised warehouses has been deleted.

The single document is not affected by this amendment.

4.   References to the inspection body

The reference to the inspection body has been reworded to align it with the wording used in other product specifications. It is a purely formal amendment which does not lead to any changes to the single document.

SINGLE DOCUMENT

1.   Name(s)

Puisseguin Saint-Emilion

2.   Geographical indication type

PDO – Protected Designation of Origin

3.   Categories of grapevine products

| 1. | Wine |
| --- | --- |

1.

Wine

4.   Description of the wine(s)

These are strong and round red wines, mainly from Merlot N grapes, with a deep colour and intense aromas of red fruit that become more complex with ageing.

Ageing in barrels, which is often practised, sometimes brings out vanilla and roasted notes that enrich the wines’ aromatic palette and structure.

The wines have:

| — | a minimum natural alcoholic strength by volume of 11 % |
| --- | --- |

—

a minimum natural alcoholic strength by volume of 11 %

| — | a total alcoholic strength by volume after enrichment of 13,5 % |
| --- | --- |

—

a total alcoholic strength by volume after enrichment of 13,5 %

| — | a malic acid content not exceeding 0,3 g/l |
| --- | --- |

—

a malic acid content not exceeding 0,3 g/l

| — | a fermentable sugar content (glucose and fructose) not exceeding 3 g/l.






  General analytical characteristics |
| --- | --- |
| Maximum total alcoholic strength (in % volume) | |
| Minimum actual alcoholic strength (in % volume) | |
| Minimum total acidity | in milliequivalents per litre |
| Maximum volatile acidity (in milliequivalents per litre) | 13,26 |
| Maximum total sulphur dioxide (in milligrams per litre) | 140 |

—

a fermentable sugar content (glucose and fructose) not exceeding 3 g/l.

General analytical characteristics

Maximum total alcoholic strength (in % volume)

Minimum actual alcoholic strength (in % volume)

Minimum total acidity

in milliequivalents per litre

Maximum volatile acidity (in milliequivalents per litre)

13,26

Maximum total sulphur dioxide (in milligrams per litre)

140

5.   Wine-making practices

5.1.   Specific oenological practices

Enrichment

Specific oenological practice

| — | Subtractive enrichment techniques are permitted up to a concentration rate of 15 %. |
| --- | --- |

—

Subtractive enrichment techniques are permitted up to a concentration rate of 15 %.

| — | After enrichment, the wines’ total alcoholic strength by volume must not exceed 13,5 %. |
| --- | --- |

—

After enrichment, the wines’ total alcoholic strength by volume must not exceed 13,5 %.

Training of the vines

Cultivation method

The minimum vine planting density is 5 500 plants per hectare.

The spacing between the vine rows must not exceed 2 metres, and the spacing between plants in the same row must be at least 0,5 metres.

Pruning is mandatory. It is carried out at the unfolded leaves stage (Lorenz stage 9) at the latest.

The vines are pruned using the following techniques aimed at spreading growth on a single trellising plan with sufficient aeration, while also limiting the number of bunches:

| — | single or double Guyot; |
| --- | --- |

—

single or double Guyot;

| — | spur (or short) pruning (Cordon de Royat or fan pruning); |
| --- | --- |

—

spur (or short) pruning (Cordon de Royat or fan pruning);

| — | shoot (or long) pruning. |
| --- | --- |

—

shoot (or long) pruning.

Each plant has a maximum of 12 buds.

Under no circumstances may the canes overlap.

Irrigation

Irrigation during the vine growing season is only permitted in cases of persistent drought and if drought is disrupting the sound physiological development of the vines and the ripening of the grapes.

5.2.   Maximum yields

Red wine

65 hectolitres per hectare

6.   Demarcated geographical area

The grapes are harvested and the wines made, developed and aged in the part of the municipality of Puisseguin, department of Gironde (based on the Official Geographic Code of 26 February 2020), corresponding to its territory before it was merged with the municipality of Monbadon on 1 January 1989 (by prefectoral order of 10 November 1988).

7.   Main wine grape variety(-ies)

Cabernet Franc N

Cabernet Sauvignon N

Cot N – Malbec

Merlot N

8.   Description of the link(s)

The geographical area of ‘Puisseguin Saint-Emilion’ AOC is located within the municipality of Puisseguin, limited to the part that made up its territory before it was merged with Monbadon in 1989. It is situated in the north-east of the department of Gironde, 48 kilometres north-east of Bordeaux and 10 kilometres north-east of Saint-Emilion, in the Libourne winegrowing region.

‘Puisseguin Saint-Emilion’ winegrowing parcels, at the confluence of the Isle and the Dordogne, have predominantly limestone and clay-limestone soils.

Bordering the Atlantic, the Gironde region has a temperate maritime climate with moderate temperature variations, which makes it suitable for winegrowing. In the geographical area, located in the north-east of Gironde, temperatures in summer and autumn are higher due to continental influences, which favours the ripening of the grapes. The maritime climate is unpredictable with periods of rain and low pressure in autumn or, conversely, hot and very sunny late seasons, depending on the year. This creates a notable ‘vintage effect’.

This land is ideal for the Merlot N grape variety. It particularly appreciates the cool, damp clay soils, where it ripens well.

The other varieties are grown on slightly warmer, sandy-gravelly or sandy-clayey soils, or on well-exposed clay-limestone soils.

The area’s maritime climate, tending towards continental (hot summers, long and mild autumns, mild and generally dry winters), favours a slow ripening of the grapes.

The demarcated parcel area comprises parcels with good drainage, either due to the texture of the soils or due to their position on a hilltop or slope. Parcels with mainly hydromorphic soils, or limestone and silt soils that are impermeable at a shallow depth, are excluded from the winegrowing area. The same applies to parcels on the valley floor with soils showing signs of hydromorphy that are exposed to the risk of spring frost.

The precisely defined parcels ensure optimum development of the local vine varieties which have been selected over time for their keeping and ageing qualities, allowing the wines to be transported over long distances.

To ensure a sufficient harvest the planting density is high, but without overloading the vines on soils known for their production potential. This ensures optimum ripeness and just the right concentration of berries. Generalised trellising, combined with strict pruning and a ban on overlapping canes, ensure a well-distributed grape harvest and a sufficient canopy for photosynthesis, helping the grapes to ripen.

To ensure a healthy harvest, any underripe, damaged or diseased fruit must be eliminated through sorting.

The wines are aged at least until the spring of the year following the harvest. This is necessary to stabilise, refine and enhance the qualities of the wine before it is placed on the market and sold to the consumer.

Wines with the ‘Puisseguin Saint-Emilion’ designation are strong and round red wines, mainly from Merlot N grapes, with a deep colour and intense aromas of red fruit that become more complex with ageing.

In blends, the Cabernet Franc N and Cabernet Sauvignon N varieties add freshness and structure, enhancing the wines’ ageing potential and aromatic complexity.

Ageing in barrels, which is common, sometimes brings out vanilla and roasted notes that enrich the wines’ aromatic palette and structure.

9.   Essential further conditions (packaging, labelling, other requirements)

Broader geographical unit

Legal framework:

National legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

‘Puisseguin Saint-Emilion’ AOC wines may specify on their labels the broader geographical unit ‘Vin de Bordeaux’ or ‘Grand Vin de Bordeaux’. The size of the letters for the larger geographical unit must not be greater, either in height or width, than two-thirds of the size of the letters forming the name of the controlled designation of origin.

Area in immediate proximity

Legal framework:

National legislation

Type of further condition:

Derogation concerning production in the demarcated geographical area

Description of the condition:

The area in immediate proximity, defined by derogation for making, developing and ageing the wines, comprises the territory of the following municipalities of the department of Gironde, on the basis of the Official Geographic Code of 26 February 2020: Abzac, Les Artigues-de-Lussac, Castillon-la-Bataille, Lalande-de-Pomerol, Lussac, Montagne, Néac, Petit-Palais-et-Cornemps, Pomerol, Saint-Cibard, Saint-Christophe-des-Bardes, Saint-Emilion, Saint-Etienne-de-Lisse, Saint-Genès-de-Castillon, Saint-Hippolyte, Saint-Laurent-des-Combes, Saint-Médard-de-Guizières, Saint-Pey-d’Armens, Saint-Philippe-d’Aiguille, Saint-Sulpice-de-Faleyrens, Tayac and Vignonet, and part of the territory of the municipalities of Puisseguin (limited to the area making up its territory before it was merged with the municipality of Monbadon on 1 January 1989) and Libourne (limited to the area south of the Capelle stream and its extension up to byway 28, as far as the Dordogne and the Bordeaux-Bergerac railway).

Link to the product specification

http://info.agriculture.gouv.fr/gedei/site/bo-agri/document_administratif-1d2d5602-00ca-4647-86d6-77e59174e42c

---

(1)  OJ L 9, 11.1.2019, p. 2.

---