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I Information

Commission

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Euro exchange rates (1)

 19 November 2004

(2004/C 283/01)

1 euro= 

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(1)

Source: reference exchange rate published by the ECB.

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Statement by the Commission concerning Article 7(4) of Protocol 3 on ACP sugar of Annex V to the ACP-CE Partnership Agreement

(2004/C 283/02)

As a result of a Decision taken by the Commission under Article 7(3) of Protocol 3 on ACP sugar (C/2004/902), 18 215 tonnes of sugar were available for reallocation. The Commission hereby gives notice that, pursuant to the provisions of Article 7(4) of that Protocol, it has allocated, by Decision C/2004/4375, 18 215 tonnes of sugar (expressed as white sugar), with effect from 1 July 2003, to the countries listed below. This means that, with effect from the 2003/2004 delivery period, the agreed quantities specified in Article 3(1) of the said Protocol will be amended as follows (expressed in tonnes of white sugar):

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Notice regarding the product scope of the anti-dumping proceeding concerning imports of trichloroisocyanuric acid (TCCA) originating in the People's Republic of China

(2004/C 283/03)

On 10 July 2004, the Commission published in the Official Journal of the European Union, a notice of initiation of an anti-dumping proceeding concerning imports of trichloroisocyanuric acid (TCCA) originating in the People's Republic of China (1)(the product concerned).

1.   Clarification regarding the product scope

The Complainant (the European Chemical Industry Council) has submitted that the questionnaires sent by the Commission services to interested parties do not cover the full product concerned as defined in the notice of initiation of this investigation. Therefore, the Commission considers it prudent to recall that the product scope of the present investigation is, as set out in the notice of initiation, covering both trichloroisocyanuric acid (also referred to as ‘symclosene’ under the international non-proprietary name) as well as preparations thereof, originating in the People's Republic of China, normally declared within CN codes ex 2933 69 80 and ex 3808 40 20. These CN codes are only given for information.

2.   Procedure

Given the foregoing and the fact that the questionnaires sent by the Commission services to interested parties in July 2004 covered only part of the product concerned as defined by the notice of initiation, the Commission will, in order to ensure that it obtains the full information it deems necessary for its investigation, send new questionnaires to the Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China, to any association of exporters/producers, to the importers, to any association of importers named in the complaint and to the authorities of the exporting country concerned.

However in view of the above, and for the avoidance of doubt, all interested parties should contact the Commission forthwith by fax not later than the time limit set out in paragraph 4(a) below, in order to find out whether they are listed in the complaint and, if necessary, request a questionnaire, given that the time limit set in paragraph 4(b) below applies to all such interested parties.

Collection of information and holding of hearings

All interested parties are hereby again invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in paragraph 4(b) below.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 4(c) below.

3.   Procedure for assessment of Community interest

The procedure for the assessment of the Community interest in this proceeding is set out in paragraph 5.2 of the notice of initiation which was published on 10 July 2004. This procedure remains unchanged except that parties may make themselves known and provide the Commission with information within the new time limit set in paragraph 4(b) below. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 4(c) below. It should be noted that any information submitted pursuant to Article 21 of Regulation (EC) No 384/96 (2) (the basic Regulation) will only be taken into account if supported by factual evidence at the time of submission.

4.   Time limits

(a)   For parties to request a questionnaire

All interested parties should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(c)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day time limit, unless otherwise specified.

5.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

6.   Non-cooperation

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

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

7.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication (i.e. 10 July 2004) of the notice of initiation of the proceeding in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of the notice of initiation of the proceeding in the Official Journal of the European Union.

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(1)OL C 178, 10.7.2004, p.2.

(2)OJ L 56, 6.3.1996, p.1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996 P.1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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Prior notification of a concentration

(Case COMP/M.3645 — Industri Kapital/Idex)

Candidate case for simplified procedure

(2004/C 283/04)

(Text with EEA relevance)

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

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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Notice of initiation of an anti-dumping proceeding concerning imports of certain iron or steel ropes and cables originating in the Republic of Korea

(2004/C 283/05)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 (1) (the basic Regulation), alleging that imports of certain iron or steel ropes and cables, originating in the Republic of Korea (the country concerned), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 11 October 2004 by the Liaison Committee of European Wire Rope Industries (EWRIS) (the complainant) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of certain iron or steel ropes and cables.

2.   Product

The product allegedly being dumped is ropes and cables, including locked coil ropes, of iron or steel but not stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, with attached fittings or not originating in the Republic of Korea (the product concerned), normally declared within CN codes 7312 10 82, 7312 10 84, 7312 10 86, 7312 10 88 and 7312 10 99. These CN codes are only given for information.

3.   Allegation of dumping

The allegation of dumping in respect of the Republic of Korea is based on a comparison of normal value established on the basis of domestic prices, with the export prices of the product concerned when sold to the Community.

On this basis, the dumping margin calculated is significant.

4.   Allegation of injury

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

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the level of prices charged by the Community industry, resulting in substantial adverse effects on the financial situation of the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the Republic of Korea is being dumped and whether this dumping has caused injury.

(a)   Sampling

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

(i)   Sampling for exporters/producers in the Republic of Korea

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

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

(ii)   Sampling for importers

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

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

(iii)   Sampling for Community producers

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

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in paragraph 6(b)(i) of this notice:

(iv)   Final selection of the samples

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

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

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

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

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in the Republic of Korea, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting country concerned.

In any event, all parties should contact the Commission forthwith by fax, but not later than the time limit set out in paragraph 6(a)(i) of this notice, in order to find out whether they are listed in the complaint and, if necessary, request a questionnaire, given that the time limit set in paragraph 6(a)(ii) of this notice applies to all such interested parties.

(c)   Collection of information and holding of hearings

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

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

5.2.   Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in paragraph 6(a)(ii) of this notice, make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 6(a)(iii) of this notice. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in paragraph 6(b)(iii) of this notice.

(iii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day time limit.

(b)   Specific time limit in respect of sampling

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

8.   Non-cooperation

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

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

9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample.

(3)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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III Notices

Commission

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Call for independent experts for the eTEN Programme (2005-2006)

(2004/C 283/06)

Description

The Commission hereby invites applications from individuals wishing to provide expert assistance in the execution of tasks in relation with the eTEN Programme. eTEN is the European Community Programme designed to help the deployment of telecommunication networks based services (e-services) with a trans-European dimension. Further information about the eTEN Programme can be found on the eTEN website:

http://europa.eu.int/eten

The tasks to be executed consist of evaluating proposals submitted in response to calls for proposals and reviewing individual eTEN projects. They will take place between 1 January 2005 and 30 June 2009.

Requirements

Applicants must be nationals from Member States, candidate Member States or other States associated with eTEN and have relevant experience in the areas covered by eTEN.

Deadline for submission of applications

The call is open from the date of publication until 31 December 2006. Applicants wishing to act as experts in eTEN activities starting 1 January 2005 should apply by 15 December 2004.

Additional information

All applications must comply with the detailed specifications and conditions which are available on the Commission's internet site http://europa.eu.int/eten in English, French and German.

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