# Official Journal C 200/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.200.eng |
| --- | --- |
| Official Journal
  of the European Union | C 200 |
| | |
| English edition | Information and Notices | Volume 5612 July 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.200.eng

Official Journal

of the European Union

C 200

English edition

Information and Notices

Volume 5612 July 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 200/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2013/C 200/02 | Non-opposition to a notified concentration (Case COMP/M.6791 — The Walt Disney Company/Lucasfilm) (
  1
  ) | 6 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 200/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

2013/C 200/02

Non-opposition to a notified concentration (Case COMP/M.6791 — The Walt Disney Company/Lucasfilm) (
  1
  )

1

6

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 200/03 | Euro exchange rates | 7 |
| 2013/C 200/04 | Explanatory Notes to the Combined Nomenclature of the European Union | 8 |
| 2013/C 200/05 | New national side of euro coins intended for circulation | 9 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 200/06 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2013/C 200/07 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2013/C 200/08 | Information communicated by Member States regarding closure of fisheries | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 200/03

Euro exchange rates

7

2013/C 200/04

Explanatory Notes to the Combined Nomenclature of the European Union

8

2013/C 200/05

New national side of euro coins intended for circulation

9

NOTICES FROM MEMBER STATES

2013/C 200/06

Information communicated by Member States regarding closure of fisheries

10

2013/C 200/07

Information communicated by Member States regarding closure of fisheries

10

2013/C 200/08

Information communicated by Member States regarding closure of fisheries

11

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2013/C 200/09 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia | 12 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2013/C 200/09

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia

12

| | |
| --- | --- |
| | (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

| 12.7.2013 | EN | Official Journal of the European Union | C 200/1 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 200/01

| Date of adoption of the decision | 5.6.2013 |
| --- | --- |
| Reference number of State Aid | SA.35139 (12/N) |
| Member State | France |
| Region | — | — |
| Title (and/or name of the beneficiary) | Plan d'aides à la modernisation et à l'innovation de la flotte fluviale |
| Legal basis | Article 3 du décret no 60-1441 du 26 décembre 1960 portant statut de voies navigables de France modifié par l'article 2 du décret no 2008-1321 du 16 décembre 2008. |
| Type of measure | Scheme | — |
| Objective | Sectoral development, Energy saving, Environmental protection, Innovation |
| Form of aid | Direct grant |
| Budget | | Overall budget: EUR 22,50 million |

Date of adoption of the decision

5.6.2013

Reference number of State Aid

SA.35139 (12/N)

Member State

France

Region

—

—

Title (and/or name of the beneficiary)

Plan d'aides à la modernisation et à l'innovation de la flotte fluviale

Legal basis

Article 3 du décret no 60-1441 du 26 décembre 1960 portant statut de voies navigables de France modifié par l'article 2 du décret no 2008-1321 du 16 décembre 2008.

Type of measure

Scheme

—

Objective

Sectoral development, Energy saving, Environmental protection, Innovation

Form of aid

Direct grant

Budget

Overall budget: EUR 22,50 million

| | Annual budget: EUR 4,50 million |
| --- | --- |

Annual budget: EUR 4,50 million

Intensity

50 %

Duration (period)

6.6.2013-31.12.2017

Economic sectors

Inland freight water transport

Name and address of the granting authority

| SGAE |
| --- |
| 68 rue de Bellechasse |
| 75700 Paris |
| FRANCE |

SGAE

68 rue de Bellechasse

75700 Paris

FRANCE

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 14.12.2012 |
| --- | --- |
| Reference number of State Aid | SA.35254 (12/N) |
| Member State | Netherlands |
| Region | Nederland | Mixed |
| Title (and/or name of the beneficiary) | Omnibus Regeling |
| Legal basis | — | Kaderwet EZ-subsidies; |

Date of adoption of the decision

14.12.2012

Reference number of State Aid

SA.35254 (12/N)

Member State

Netherlands

Region

Nederland

Mixed

Title (and/or name of the beneficiary)

Omnibus Regeling

Legal basis

—

Kaderwet EZ-subsidies;

| — | Kaderbesluit EZ-subsidies |
| --- | --- |

—

Kaderbesluit EZ-subsidies

Type of measure

Scheme

—

Objective

Research and development, Innovation

Form of aid

Repayable advances, Direct grant

Budget

| | Overall budget: EUR 2 400 million |
| --- | --- |

Overall budget: EUR 2 400 million

| | Annual budget: EUR 400 million |
| --- | --- |

Annual budget: EUR 400 million

Intensity

100 %

Duration (period)

1.1.2013-31.12.2018

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

| Ministerie van Economische Zaken, Landbouw & Innovatie |
| --- |
| Bezuidenhoutseweg 20 |
| 2594 AV Den Haag |
| NEDERLAND |

Ministerie van Economische Zaken, Landbouw & Innovatie

Bezuidenhoutseweg 20

2594 AV Den Haag

NEDERLAND

| Postbus 20401 |
| --- |
| 2500 EK Den Haag |
| NEDERLAND |

Postbus 20401

2500 EK Den Haag

NEDERLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 2.5.2013 |
| --- | --- |
| Reference number of State Aid | SA.35543 (13/N) |
| Member State | United Kingdom |
| Region | — | — |
| Title (and/or name of the beneficiary) | Compensation for indirect EU ETS costs in the UK |
| Legal basis | Industrial Development Act 1982, Section 8 |
| Type of measure | Scheme | — |
| Objective | Environmental protection |
| Form of aid | Direct grant |
| Budget | Overall budget: GBP 113 million (2013-2015) |
| Intensity | 85 % |
| Duration (period) | 30.4.2013-31.12.2020 |
| Economic sectors | Manufacturing, mining and quarrying |
| Name and address of the granting authority | Department for Business, Innovation and Skills |
| 1 Victoria Street |
| London |
| SW1H 0ET |
| UNITED KINGDOM |

Date of adoption of the decision

2.5.2013

Reference number of State Aid

SA.35543 (13/N)

Member State

United Kingdom

Region

—

—

Title (and/or name of the beneficiary)

Compensation for indirect EU ETS costs in the UK

Legal basis

Industrial Development Act 1982, Section 8

Type of measure

Scheme

—

Objective

Environmental protection

Form of aid

Direct grant

Budget

Overall budget: GBP 113 million (2013-2015)

Intensity

85 %

Duration (period)

30.4.2013-31.12.2020

Economic sectors

Manufacturing, mining and quarrying

Name and address of the granting authority

Department for Business, Innovation and Skills

1 Victoria Street

London

SW1H 0ET

UNITED KINGDOM

Other information

The budget for 2016-2020 will be determined at a later stage

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 18.6.2013 |
| --- | --- |
| Reference number of State Aid | SA.35674 (12/N) |
| Member State | Poland |
| Region | Mazowieckie | — |
| Title (and/or name of the beneficiary) | Modernizacja sieci ciepłowniczej na terenie m.st. Warszawy przez Dalkia Warszawa SA |
| Legal basis | Umowa ramowa pomiędzy Rządem RP a Szwajcarską Radą Federalną z dnia 20 grudnia 2007 r. |
| Type of measure | Individual aid | Dalkia Warszawa SA |
| Objective | Energy saving, Environmental protection |
| Form of aid | Direct grant |
| Budget | Overall budget: PLN 121,30 million |
| Intensity | 28,10 % |
| Duration (period) | — |
| Economic sectors | Steam and air conditioning supply |
| Name and address of the granting authority | Władza Wdrażająca Programy Europejskie |
| ul. Rakowiecka 2a |
| 02-517 Warszawa |
| POLSKA/POLAND |

Date of adoption of the decision

18.6.2013

Reference number of State Aid

SA.35674 (12/N)

Member State

Poland

Region

Mazowieckie

—

Title (and/or name of the beneficiary)

Modernizacja sieci ciepłowniczej na terenie m.st. Warszawy przez Dalkia Warszawa SA

Legal basis

Umowa ramowa pomiędzy Rządem RP a Szwajcarską Radą Federalną z dnia 20 grudnia 2007 r.

Type of measure

Individual aid

Dalkia Warszawa SA

Objective

Energy saving, Environmental protection

Form of aid

Direct grant

Budget

Overall budget: PLN 121,30 million

Intensity

28,10 %

Duration (period)

—

Economic sectors

Steam and air conditioning supply

Name and address of the granting authority

Władza Wdrażająca Programy Europejskie

ul. Rakowiecka 2a

02-517 Warszawa

POLSKA/POLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 22.5.2013 |
| --- | --- |
| Reference number of State Aid | SA.35908 (13/N) |
| Member State | Romania |
| Region | Sibiu | Article 107(3)(a) |
| Title (and/or name of the beneficiary) | Proiect pentru schema de ajutor la înființare pentru companii aeriene cu plecare de pe Aeroportul Internațional Sibiu (2013-2017) |
| Legal basis | | Ordinul ministrului transporturilor și infrastructurii nr. 744/23 septembrie 2011 – publicat în Monitorul Oficial nr. 708/7 octombrie 2011 |

Date of adoption of the decision

22.5.2013

Reference number of State Aid

SA.35908 (13/N)

Member State

Romania

Region

Sibiu

Article 107(3)(a)

Title (and/or name of the beneficiary)

Proiect pentru schema de ajutor la înființare pentru companii aeriene cu plecare de pe Aeroportul Internațional Sibiu (2013-2017)

Legal basis

Ordinul ministrului transporturilor și infrastructurii nr. 744/23 septembrie 2011 – publicat în Monitorul Oficial nr. 708/7 octombrie 2011

| | Proiect de Hotărâre a Consiliului Județean privind ajutorul financiar la înființare pentru deschiderea de noi rute și/sau frecvențe de operare la Aeroportul Sibiu |
| --- | --- |

Proiect de Hotărâre a Consiliului Județean privind ajutorul financiar la înființare pentru deschiderea de noi rute și/sau frecvențe de operare la Aeroportul Sibiu

Type of measure

Scheme

—

Objective

Sectoral development

Form of aid

Direct grant

Budget

—

Intensity

50 %

Duration (period)

1.6.2013-31.12.2017

Economic sectors

Passenger air transport

Name and address of the granting authority

| Consiliul Județean Sibiu |
| --- |
| Str. General Magheru nr. 14 |
| 550185 Sibiu |
| ROMÂNIA |
| Tel. +40 269217733 |
| Fax +40 269218159 |
| E-mail: judet@cjsibiu.ro |

Consiliul Județean Sibiu

Str. General Magheru nr. 14

550185 Sibiu

ROMÂNIA

Tel. +40 269217733

Fax +40 269218159

E-mail: judet@cjsibiu.ro

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

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| 12.7.2013 | EN | Official Journal of the European Union | C 200/6 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/6

---

Non-opposition to a notified concentration

(Case COMP/M.6791 — The Walt Disney Company/Lucasfilm)

(Text with EEA relevance)

2013/C 200/02

On 20 December 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6791. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6791. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 12.7.2013 | EN | Official Journal of the European Union | C 200/7 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/7

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Euro exchange rates (1)

11 July 2013

2013/C 200/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3044 |
| JPY | Japanese yen | 129,63 |
| DKK | Danish krone | 7,4584 |
| GBP | Pound sterling | 0,86290 |
| SEK | Swedish krona | 8,7055 |
| CHF | Swiss franc | 1,2414 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,9290 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,898 |
| HUF | Hungarian forint | 292,47 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7026 |
| PLN | Polish zloty | 4,3349 |
| RON | Romanian leu | 4,4275 |
| TRY | Turkish lira | 2,5359 |
| AUD | Australian dollar | 1,4162 |
| CAD | Canadian dollar | 1,3572 |
| HKD | Hong Kong dollar | 10,1178 |
| NZD | New Zealand dollar | 1,6588 |
| SGD | Singapore dollar | 1,6460 |
| KRW | South Korean won | 1 467,17 |
| ZAR | South African rand | 12,9828 |
| CNY | Chinese yuan renminbi | 7,9982 |
| HRK | Croatian kuna | 7,5440 |
| IDR | Indonesian rupiah | 13 001,45 |
| MYR | Malaysian ringgit | 4,1327 |
| PHP | Philippine peso | 56,469 |
| RUB | Russian rouble | 42,5405 |
| THB | Thai baht | 40,619 |
| BRL | Brazilian real | 2,9450 |
| MXN | Mexican peso | 16,7374 |
| INR | Indian rupee | 78,0400 |

Currency

Exchange rate

USD

US dollar

1,3044

JPY

Japanese yen

129,63

DKK

Danish krone

7,4584

GBP

Pound sterling

0,86290

SEK

Swedish krona

8,7055

CHF

Swiss franc

1,2414

ISK

Iceland króna

NOK

Norwegian krone

7,9290

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,898

HUF

Hungarian forint

292,47

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7026

PLN

Polish zloty

4,3349

RON

Romanian leu

4,4275

TRY

Turkish lira

2,5359

AUD

Australian dollar

1,4162

CAD

Canadian dollar

1,3572

HKD

Hong Kong dollar

10,1178

NZD

New Zealand dollar

1,6588

SGD

Singapore dollar

1,6460

KRW

South Korean won

1 467,17

ZAR

South African rand

12,9828

CNY

Chinese yuan renminbi

7,9982

HRK

Croatian kuna

7,5440

IDR

Indonesian rupiah

13 001,45

MYR

Malaysian ringgit

4,1327

PHP

Philippine peso

56,469

RUB

Russian rouble

42,5405

THB

Thai baht

40,619

BRL

Brazilian real

2,9450

MXN

Mexican peso

16,7374

INR

Indian rupee

78,0400

---

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

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| 12.7.2013 | EN | Official Journal of the European Union | C 200/8 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/8

---

Explanatory Notes to the Combined Nomenclature of the European Union

2013/C 200/04

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 88, between the title of Chapter 21 ‘MISCELLANEOUS EDIBLE PREPARATIONS’ and the row ‘Additional note 1’, the following text is inserted:

‘General

Classification of “food supplements” (as referred to in point (16) of the HS Explanatory Note to heading 2106), in particular other food preparations presented in measured doses, such as capsules, tablets, pastilles and pills, and which are intended for use as food supplements, is also to be seen in light of the criteria set out in the judgment of the Court of Justice of the European Union in Joined Cases C-410/08 to C-412/08 (“Swiss Caps”).’

---

(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 137, 6.5.2011, p. 1.

2

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| 12.7.2013 | EN | Official Journal of the European Union | C 200/9 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/9

---

New national side of euro coins intended for circulation

2013/C 200/05

Image

National side of the new commemorative 2-euro coin intended for circulation and issued by Slovakia

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

Issuing country: Slovakia

Subject of commemoration: The 1150th anniversary of the advent of the Mission of Constantine and Methodius to the Great Moravia

Description of the design: The design depicts the Thessalonian brothers Constantine and Methodius along with the symbolic double cross stood on three hills. The cross is at the same time held as a Bishop's crozier, thereby linking together symbols of statehood and Christianity and emphasising the significance of the brothers' mission, which helped ensure the full sovereignty and legitimacy of Great Moravia — the first Slav state in central Europe. The figure of Constantine is holding a book representing education and faith, while Methodius is shown with a church symbolising faith and institutional Christianity. Along the lower edge of the inner part of the coin is the name of the issuing country ‘SLOVENSKO’, the year ‘863’ and the year ‘2013’, with a dividing mark between each. Along the upper edge of the inner part are the names ‘KONŠTANTÍN’ and ‘METOD’. To the left of the brothers are the stylised letters ‘mh’, the initials of the coin's designer Miroslav Hric, and to the right is the mint mark of the Kremnica Mint, comprising the letters ‘MK’ placed between two dies.

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

Number of coins to be issued: 1 million

Date of issue: July 2013

---

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

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

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NOTICES FROM MEMBER STATES

| 12.7.2013 | EN | Official Journal of the European Union | C 200/10 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/10

---

Information communicated by Member States regarding closure of fisheries

2013/C 200/06

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 22.6.2013 |
| --- | --- |
| Duration | 22.6.2013-31.12.2013 |
| Member State | Spain |
| Stock or group of stocks | GFB.567- |
| Species | Greater forkbeard (Phycis blennoides) |
| Zone | EU and international waters of V, VI and VII |
| Type(s) of fishing vessels | — |
| Reference number | FS09DSS |

Date and time of closure

22.6.2013

Duration

22.6.2013-31.12.2013

Member State

Spain

Stock or group of stocks

GFB.567-

Species

Greater forkbeard (Phycis blennoides)

Zone

EU and international waters of V, VI and VII

Type(s) of fishing vessels

—

Reference number

FS09DSS

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 12.7.2013 | EN | Official Journal of the European Union | C 200/10 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/10

---

Information communicated by Member States regarding closure of fisheries

2013/C 200/07

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 22.6.2013 |
| --- | --- |
| Duration | 22.6.2013-31.12.2013 |
| Member State | Spain |
| Stock or group of stocks | BLI.5B67- |
| Species | Blue ling (Molva dypterygia) |
| Zone | EU waters and international waters of Vb, VI, VII |
| Type(s) of fishing vessels | — |
| Reference number | 10.TQ40 |

Date and time of closure

22.6.2013

Duration

22.6.2013-31.12.2013

Member State

Spain

Stock or group of stocks

BLI.5B67-

Species

Blue ling (Molva dypterygia)

Zone

EU waters and international waters of Vb, VI, VII

Type(s) of fishing vessels

—

Reference number

10.TQ40

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 12.7.2013 | EN | Official Journal of the European Union | C 200/11 |
| --- | --- | --- | --- |

12.7.2013

EN

Official Journal of the European Union

C 200/11

---

Information communicated by Member States regarding closure of fisheries

2013/C 200/08

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 22.6.2013 |
| --- | --- |
| Duration | 22.6.2013-31.12.2013 |
| Member State | Spain |
| Stock or group of stocks | SOL.8AB. |
| Species | Common sole (Solea solea) |
| Zone | VIIIa and VIIIb |
| Type(s) of fishing vessels | — |
| Reference number | 11.TQ39 |

Date and time of closure

22.6.2013

Duration

22.6.2013-31.12.2013

Member State

Spain

Stock or group of stocks

SOL.8AB.

Species

Common sole (Solea solea)

Zone

VIIIa and VIIIb

Type(s) of fishing vessels

—

Reference number

11.TQ39

---

(1)  OJ L 343, 22.12.2009, p. 1.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 12.7.2013 | EN | Official Journal of the European Union | C 200/12 |
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12.7.2013

EN

Official Journal of the European Union

C 200/12

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Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia

2013/C 200/09

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

1.   Request for review

The request was lodged on 28 March 2013 by a European association of fertilisers manufacturers, Fertilizers Europe (the applicant), on behalf of Union producers representing more than 25 %, of the Union production of ammonium nitrate.

2.   Product under review

The product under review is solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, currently falling within CN codes 3102 30 90, 3102 40 90, ex 3102 29 00, ex 3102 60 00, ex 3102 90 00, ex 3105 10 00, ex 3105 20 10, ex 3105 51 00, ex 3105 59 00 and ex 3105 90 91 and originating in Russia (the product under review).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 661/2008 (3), as last amended by Council Regulation (EC) No 989/2009 (4).

4.   Grounds for the review

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

4.1.   
  Allegation of likelihood of continuation of dumping

In the absence of reliable data on domestic prices for Russia (the country concerned) due to the lack of representative domestic sales in the ordinary course of trade, the allegation of likelihood of continuation of dumping is based on a comparison of a constructed normal value, based on manufacturing costs in Russia, with the exception of the input price for natural gas, which is based on the gas price for delivery at Waidhaus (DE), adjusted for transport costs., and the selling, general and administrative costs (SG&A) and normal profit, which were based on data from the United States of America, with the export price (at ex-works level) of the product under review when sold for export to the Union.

In addition, the constructed normal value was also compared with the export price (at ex-works level) of the product under review when sold for export to Brazil, the main export market for fertilisers from Russia, accounting for ca 40 % of Russian exports of the product under review. According to the request, other export markets for fertilisers from Russia are Ghana, Peru, Switzerland, Turkey and Ukraine. Each of these markets accounts individually for less than 10 % of the total exports of the product under review from Russia. Therefore, the Commission has at this stage not further analysed prices to other export markets.

On the basis of the above comparisons, which show dumping, the applicant alleges that there is a likelihood of continuation of dumping from Russia. Calculations are based on the export price net of the anti-dumping duty. The Commission, when verifying the calculations, has taken due account of the existence of a price undertaking.

4.2.   
  Allegation of likelihood of recurrence of injury

The applicant alleges the likelihood of recurrence of injury. In this respect the applicant has provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity of the exporting producers in Russia which allegedly accounts for over 15 % of total capacity and approximately 30 % of Union consumption.

It is also alleged that the flow of imports of the product under review to the Union is likely to rise due to the persistently low domestic consumption of the product under review in Russia, due to the maintenance of measures on imports of similar products by Australia and the United States of America and due to the increase in local supply of fertilisers in other markets (i.e. Brazil, Colombia, Ecuador, Egypt, Peru, Turkey) which is making them more self-sufficient. All this could lead to the redirection of exports of the product under review to the EU.

The applicant finally alleges that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article11(2) of the basic Regulation.

5.1.   
  Procedure for the determination of a likelihood of continuation or recurrence of dumping

5.1.1.   Investigating exporting producers

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

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

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

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

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

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

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

The questionnaire will request information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under review, the cost of production, the sales of the product under review on the domestic market of the country concerned and the sales of the product under review to the Union.

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

5.1.2.   Investigating unrelated importers
   (5)
   (6)

Unrelated importers of the product under review from the country concerned to the Union are invited to participate in this investigation.

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

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

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

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

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

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

The questionnaire will request information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under review and the sales of the product under review.

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

5.2.1.   Investigating Union producers

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.

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this, they should contact the Commission using the contact details provided in Section 5.6.). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation(s) leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

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

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

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

The questionnaire will request information on, inter alia, the structure of their company(ies) and the financial and economic situation of the company(ies).

5.3.   
  Procedure for the assessment of Union interest

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

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

5.4.   
  Other written submissions

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

5.5.   
  Possibility to be heard by the Commission investigation services

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

5.6.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

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

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

Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must be submitted on paper (i.e. by post or by hand) at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission in compliance with Article 18(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade (http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence).

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 08/020 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22993704 |
| E-mail: TRADE-R-AM-NITRATE-DUMPING@ec.europa.eu and TRADE-R-AM-NITRATE-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22993704

E-mail: TRADE-R-AM-NITRATE-DUMPING@ec.europa.eu and TRADE-R-AM-NITRATE-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

7.   Hearing Officer

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

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of dumping and injury and Union interest. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade’s website (http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).

8.   Schedule of the investigation

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

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

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

If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.

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

10.   Processing of personal data

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

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(1)  OJ C 349, 15.11.2012, p. 19.

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

(3)  OJ L 185, 12.7.2008, p. 1.

(4)  OJ L 278, 23.10.2009, p. 1.

(5)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person 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 directly or indirectly control a third person; or (h) they are members of the same family. 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 (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

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

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

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ANNEX A

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ANNEX B

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