3.9.2014   

EN

Official Journal of the European Union

L 263/1

(1)

Council Regulation (EU) No 43/2014 (2), lays down quotas for 2014.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.

(3)

It is therefore necessary to prohibit fishing activities for that stock,

3.9.2014   

EN

Official Journal of the European Union

L 263/3

(1)

Council Regulation (EU) No 43/2014 (2), lays down quotas for 2014.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.

(3)

It is therefore necessary to prohibit fishing activities for that stock,

3.9.2014   

EN

Official Journal of the European Union

L 263/5

(1)

The European Commission (‘the Commission’) has received a request pursuant to Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of bicycles originating in the People's Republic of China and to make imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, subject to registration.

(2)

The request was lodged on 23 July 2014 by the European Bicycle Manufacturers Association (EBMA) on behalf of fifteen Union producers of bicycles.

(3)

The product concerned by the possible circumvention is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes 8712 00 30 and ex 8712 00 70 and originating in the People's Republic of China (‘the product concerned’).

(4)

The product under investigation is the same as that defined in the previous recital, but consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, currently falling within the same CN codes as the product concerned (‘the product under investigation’).

(5)

The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EU) No 502/2013 (2).

(6)

The request contains sufficient prima facie evidence that the anti-dumping measures on imports of bicycles originating in the People's Republic of China are being circumvented by means of transhipment via, and assembly operations in, Cambodia, Pakistan and the Philippines.

(7)

The prima facie evidence submitted is as follows.

(8)

The request shows that a significant change in the pattern of trade involving exports from the People's Republic of China, Cambodia, Pakistan and the Philippines to the Union has taken place following the imposition of the measures and their extension, by Council Implementing Regulation (EU) No 501/2013 (3), to imports consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in these countries or not, without sufficient due cause or economic justification for such a change other than the imposition of the duty.

(9)

This change appears to stem from the transhipment of bicycles originating in the People's Republic of China via Cambodia, Pakistan and the Philippines to the Union and from assembly operations in Cambodia, Pakistan and the Philippines.

(10)

Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned. In addition, there is sufficient prima facie evidence that imports of the product under investigation are made at prices below the non-injurious price established in the investigation that led to the existing measures.

(11)

Finally, the request contains sufficient prima facie evidence that the prices of the product under investigation are dumped in relation to the normal value previously established for the product concerned.

(12)

Should circumvention practices via Cambodia, Pakistan and the Philippines covered by Article 13 of the basic Regulation, other than transhipment and assembly operations, be identified in the course of the investigation, the investigation may also cover these practices.

(13)

In light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13(3) of the basic Regulation and to make imports of the product under investigation, whether declared as originating in Cambodia, Pakistan and the Philippines or not, subject to registration, in accordance with Article 14(5) of the basic Regulation.

(14)

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known exporters/producers and to the known associations of exporters/producers in Cambodia, Pakistan and the Philippines, to the known exporters/producers and to the known associations of exporters/producers in the People's Republic of China, to the known importers and to the known associations of importers in the Union and to the authorities of the People's Republic of China, Cambodia, Pakistan and the Philippines. Information, as appropriate, may also be sought from the Union industry.

(15)

In any event, all interested parties should contact the Commission forthwith, but not later than within the time limit set in Article 3 of this Regulation, and request a questionnaire within the time limit set in Article 3(1) of this Regulation, given that the time limit set in Article 3(2) of this Regulation applies to all interested parties.

(16)

The authorities of the People's Republic of China, Cambodia, Pakistan and the Philippines will be notified accordingly of the initiation of the investigation.

(17)

All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

(18)

In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.

(19)

Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers in Cambodia, Pakistan and the Philippines of bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, that can show that they are not related (4) to any producer subject to the measures (5) and that are found not to be engaged in circumvention practices as defined in Article 13(1) and (2) of the basic Regulation. Producers wishing to obtain an exemption should submit a request duly supported by evidence within the time limit indicated in Article 3(3) of this Regulation.

(20)

Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation should be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports consigned from Cambodia, Pakistan and the Philippines was imposed.

(21)

In the interest of sound administration, time limits should be stated within which:

(22)

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 time limits laid down in Article 3 of this Regulation.

(23)

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, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

(24)

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 facts available.

(25)

If an interested party does not cooperate or cooperates only partially and findings are therefore based on the 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.

(26)

The investigation will be concluded, pursuant to Article 13(3) of the basic Regulation, within nine months of the date of the publication of this Regulation in the Official Journal of the European Union.

(27)

It is noted that 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 (6).

(28)

Interested parties may request the intervention of the Hearing Officer of 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.

(29)

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 also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered.

(30)

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/commission_2010-2014/degucht/contact/hearing-officer/,

(1)

Questionnaires must be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.

(2)

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 in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

(3)

Producers in Cambodia, Pakistan and the Philippines requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time limit.

(4)

Interested parties may also apply to be heard by the Commission within the same 37-day time limit.

(5)

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

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: TRADE-R608-BICYCLES-CIR@ec.europa.eu

3.9.2014   

EN

Official Journal of the European Union

L 263/10

(1)

For proper application of Regulation (EU) No 606/2013 two certificates should be established.

(2)

The United Kingdom and Ireland are bound by Regulation (EU) No 606/2013 and are as a consequence bound by this Regulation.

(3)

Denmark is not bound by Regulation (EU) No 606/2013 nor by this Regulation.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Mutual Recognition of Protection Measures in Civil Matters established by Regulation (EU) No 606/2013,

3.9.2014   

EN

Official Journal of the European Union

L 263/21

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

3.9.2014   

EN

Official Journal of the European Union

L 263/23

(1)

On 23 April 2007 the Council authorised the Commission to negotiate a free trade agreement with the Republic of Korea on behalf of the European Union and its Member States.

(2)

Those negotiations were concluded and the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (‘the Agreement’) was signed on 6 October 2010. The Agreement contains a Protocol on cultural cooperation (‘the Protocol’) which, according to Article 1 thereof, sets up the framework within which the Parties cooperate for facilitating exchanges regarding cultural activities, goods and services, including, inter alia, in the audiovisual sector.

(3)

Pursuant to Article 15.10.5 of the Agreement, it has been in part provisionally applied by Council Decision 2011/265/EU (2) (‘the Decision’) since 1 July 2011, subject to its conclusion at a later date.

(4)

Pursuant to Article 3 of the Decision, Articles 4(3), 5(2), 6(1), 6(2), 6(4), 6(5), 8, 9 and 10 of the Protocol have not been provisionally applied.

(5)

In accordance with Article 4(1) of the Decision, the Commission is to provide notice in writing to Korea of the Union's intention not to extend the period of entitlement to audiovisual co-production pursuant to Article 5 of the Protocol following the procedure set out in Article 5(8) thereof unless, on a proposal from the Commission, the Council agrees four months before the end of such period of entitlement to continue the entitlement. If the Council agrees to continue the entitlement, that obligation to provide notice is to become applicable again at the end of the renewed period of entitlement. For the specific purposes of deciding on the continuation of the period of entitlement, the Council is to act by unanimity.

(6)

Article 3 of theProtocol provides for the establishmentof a Committee on Cultural Cooperation which, among its tasks, is tooversee the implementation of the Protocol.

(7)

Pursuant to Article 6 of the Decision, the representatives of the Union in the Committee on Cultural Cooperation are to comprise senior officials of both the Commission and the Member States who have expertise and experience in cultural matters and practices, and who are to present the position of the Union in accordance with the Treaty.

(8)

The decisions of the Committee should not confer rights or impose obligations which can be directly invoked before Union or Member States courts and tribunals.

(9)

The preparatory bodies of the Council competent in the field of culture and audiovisual matters should be involved at an early stage in establishing the position to be taken on behalf of the Union in the Committee on Cultural Cooperation.

(10)

This Decision should not affect the respective competences of the Union and the Member States.

(11)

The Union should determine the position to be taken within the Committee on Cultural Cooperation as regards the adoption of the rules of procedure of the Committee on Cultural Cooperation,

3.9.2014   

EN

Official Journal of the European Union

L 263/29

(1)

Programme making and special events (PMSE) equipment covers a wide variety of video and sound transmission applications which are increasingly important for the development of the media and entertainment industry in the Union. They include broadcasting, cultural, musical and theatrical performances, and social and sporting events. PMSE equipment is used for professional and non-professional purposes, from local to Union-wide events. Wireless microphones are the most common and widespread type of wireless audio PMSE equipment; associated systems include portable in-ear monitor and talkback systems and audio links.

(2)

The Commission, in its Communication of 26 September 2012 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (2), recognised cultural and creative industries as one of Europe's most dynamic economic sectors and an essential driver of cultural diversity in Europe. Decision No 243/2012/EU of the European Parliament and of the Council (3), in particular its Article 8(5), further stresses the importance of PMSE and requires Member States, in cooperation with the Commission, to seek to ensure the necessary frequency bands for such equipment, in accordance with the Union's objectives to improve the integration of the internal market and access to culture. Moreover, under Article 6(6) of that Decision, Member States need to examine ways and, where appropriate, take technical and regulatory measures to ensure that the freeing of the 800 MHz band does not adversely affect users of PMSE equipment.

(3)

The current regulatory framework is not fully harmonised across the EU Member States with regard to spectrum used by PMSE equipment due to historical discrepancies in national frequency plans and in the management of varying national demands and local needs. Although many Member States apply European Radiocommunications Committee (ERC) Recommendation 70-03, and Annex 10 thereto (4), and ERC Recommendation 25-10, and Annex 2 thereto (5) which provide guidance on the frequency bands and technical parameters for PMSE equipment, these recommendations do not legally guarantee the harmonisation of spectrum used by PMSE equipment across the Union.

(4)

Harmonising the spectrum used by PMSE equipment should contribute to the internal market objectives by improving the quality and efficiency of spectrum use; providing long-term visibility and legal certainty for access to relevant spectrum bands throughout the Union; stimulating research and development, e.g. the digitalisation of PMSE equipment and other aspects of efficiently using spectrum; encouraging investment by manufacturers in PMSE technology; lowering prices; allowing economies of scale; fostering cross-border portability of equipment and interoperability; and avoiding the sterilisation of unused spectrum.

(5)

Although the spectrum needs of wireless audio PMSE equipment vary significantly, between 8 MHz and 144 MHz (6), depending on specific local and temporary needs, professional users indicates their daily spectrum needs for wireless audio PMSE applications at 96 MHz in the UHF spectrum.

(6)

Sufficient harmonised spectrum is necessary to cope with the demand for wireless audio PMSE equipment, at the very least, by defining a minimum amount of spectrum applicable throughout the Union which would generate economies of scale and ensure the functioning of the internal market. However, spectrum currently harmonised by Commission Decision 2006/771/EC (7), i.e. 2 MHz (863-865 MHz) for short-range devices including wireless audio PMSE applications, is insufficient to meet the needs of users as that decision covers only a fraction of wireless audio PMSE use and considering that most spectrum requirements have to be found outside the bands covered by that decision.

(7)

Various tuning ranges for audio PMSE equipment are identified in ERC Recommendations 70-03 (Annex 10) and 25-10 (Annex 2), and the wireless audio PMSE equipment industry, including manufacturers and users, also indicated a strong preference for the 470-790 MHz tuning range. In its Report 32 (8) on the harmonisation of the 800 MHz band, the European Conference of Postal and Telecommunications (CEPT) noted the importance for PMSE equipment users of interleaved channels, or white spaces, in the 470-790 MHz band range, and insisted on maintaining access to that spectrum primarily for PMSE applications that require a certain level of protection. Member States provide information to CEPT on the use of spectrum and regulatory and technical conditions for wireless audio PMSE users in their territory as well as a list of contact points in national administrations, where PMSE stakeholders can obtain information on the conditions of spectrum use for PMSE applications.

(8)

CEPT Report 32 highlighted that wireless audio PMSE use would face increasing constraints in spectrum supply and envisaged the need for appropriate adaptations. Commission Decision 2010/267/EU (9) harmonising the technical conditions of use of the 790-862 MHz band for electronic communications services on a non-exclusive basis, reduced the availability of this band for wireless audio PMSE equipment. An alternative long-term solution needs to be found to ensure PMSE's future, either by identifying new spectrum or by introducing spectrum sharing.

(9)

Therefore, pursuant to Article 4(2) of Decision No 676/2002/EC, on 15 December 2011, the Commission issued to the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate (10) on technical conditions regarding spectrum harmonisation options for wireless radio microphones and cordless video-cameras.

(10)

In response, on 8 March 2013 the CEPT adopted its Report 50 (11). This report concludes that the 821-832 MHz and 1 785-1 805 MHz frequency ranges, which are duplex gaps within frequency bands used by electronic communications systems, would be appropriate for harmonised use by wireless audio PMSE equipment under specific conditions. Cordless video cameras, which have different spectrum requirements and operate in different frequency bands, should be considered separately. An addendum to CEPT Report 50 (12) further defined the conditions of use of these duplex gaps for wireless audio PMSE applications, as well as a procedure to assess and limit the risk of interference with regard to wireless microphone and in-ear monitor links.

(11)

CEPT Report 50 also identified the need to protect mobile cellular networks in the 800 MHz and 1 800 MHz bands against harmful interference from wireless audio PMSE equipment to ensure that mobile cellular networks can operate in the bands below 821 MHz and above 832 MHz as well as below 1 785 MHz and above 1 805 MHz. This would require, for example, a 2 MHz guard band from 821 to 823 MHz and restrictions in the 0,2 MHz of spectrum just above 1 785 MHz and just below 1 805 MHz.

(12)

PMSE equipment, in particular when used indoors, may be subject to harmful interference from mobile cellular networks and user equipment, such as smart phones, using adjacent frequency bands close to spectrum used by wireless audio PMSE equipment in the 800 MHz and 1 800 MHz duplex gaps. In line with the objectives and principles of the radio spectrum policy programme to find ways to avoid harmful interference and increase the efficient use of spectrum, such harmful interference could be avoided through certain interference mitigation solutions such as the specific procedure for interference-free operation of wireless microphone and in-ear monitor links defined in Annex 2 to the addendum to CEPT Report 50 or by applying other mitigation solutions. Member States should, where appropriate, encourage the application of such interference mitigation solutions and agreements, including by providing assistance or guidance to the parties involved.

(13)

The requirements for social and cultural events will often exceed the amount of 29 MHz available in the duplex gaps of the 800 MHz and 1 800 MHz bands. Since the spectrum requirements for wireless audio PMSE use vary significantly, there is a need to ensure at Union level the availability of a baseline of about 60 MHz of sustainable spectrum to meet recurring ordinary needs for wireless audio PMSE equipment users, even if this would not cover all possible requirements which may occur.

(14)

Member States should therefore provide up to an additional amount of 30 MHz to meet possible demand for wireless audio PMSE applications at social and cultural events. Such spectrum should be selected from tuning ranges to be decided by Member States, preferably in the 470-790 MHz spectrum range, by using white spaces. The exact amount of spectrum to be either assigned or authorised should depend on the specific demands expressed and may not always require all 30 MHz. Member States should also decide at national level which authorisation type and request procedures they should apply for such additional spectrum.

(15)

Moreover, spectrum requirements beyond 59 MHz which may appear in specific geographical areas, such as content production areas or theatre districts, or for large and exceptional events, are best addressed on a case-by-case basis at national level taking into account specific geographical and time constraints. Therefore, Member States should remain free to allow the use of more than the 59 MHz baseline.

(16)

Using different blocks of spectrum for different analogue wireless audio PMSE applications such as wireless microphones, in-ear monitors and talkback systems increases the possibilities to use spectrum by avoiding interference caused by intermodulation.

(17)

The results of the work carried out by CEPT (13) pursuant to the 15 December 2011 Commission mandate should be made applicable in the Union and should be implemented by Member States without delay, given the need to provide appropriate spectrum for wireless audio PMSE equipment on a long-term basis to respond to the increasing demand for it.

(18)

There is a need for a regular review of this Decision to cover new developments in particular to assess wireless audio PMSE spectrum requirements and the actual use of the harmonised bands.

(19)

The measures included in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

(1)

‘wireless audio PMSE equipment’ means radio equipment used for transmission of analogue or digital audio signals between a limited number of transmitters and receivers, such as radio microphones, in-ear monitor systems or audio links, used mainly for the production of broadcast programmes or private or public social or cultural events;

(2)

‘non-interference and non-protection basis’ means that no harmful interference may be caused to any radio communication service and that no claim may be made for the protection against harmful interference originating from radio communication services.