3.9.2009

Official Journal of the European Union

C 208/1

COMMISSION OPINION

of 2 September 2009

relating to the plan for the disposal of radioactive waste arising from the National Radioactive Waste Repository at Bátaapáti, located in Hungary, in accordance with Article 37 of the Euratom Treaty

(Only the Hungarian text is authentic)

2009/C 208/01

On 10 March 2008, the European Commission received from the Hungarian government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste arising from the National Radioactive Waste Repository at Bátaapáti.

The Commission, in order to have a comprehensive set of data at its disposal, had to request additional information on 10 July 2008 and on 24 November 2008, which was provided by the Hungarian Government on 2 September 2008, on 19 November 2008 and on 30 March 2009.

On the basis of these data and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

1.	The distance between the repository and the nearest conurbations of other Member States is 131 km for Romania, 165 km for Slovenia, 172 km for Slovakia and 186 km for Austria.

During the repository's operational period:

—	Under normal conditions the releases of gaseous and liquid radioactive effluents will not cause an exposure liable to affect the health of the population in another Member State.

—	Radioactive solid waste produced on site will be disposed of underground.

—	Unplanned releases of radioactive effluents, which may follow an accident of the type and magnitude considered in the General Data, are not liable to affect the health of the population in another Member State.

After the repository's operational period:

—	Both the measures envisaged for the final closure of the repository and the natural features of the site, as described in the General Data, provide reliance that the conclusions under point 2 above will remain valid in the long term.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form arising from the National Radioactive Waste Repository at Bátaapáti in Hungary, during its normal operational life and after its final closure, as well as in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination of the water, soil or airspace of another Member State.

3.9.2009

Official Journal of the European Union

C 208/2

Non-opposition to a notified concentration

(Case COMP/M.5588 — General Motors/Delphi Steering II)

(Text with EEA relevance)

2009/C 208/02

On 12 August 2009, 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 electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5588. EUR-Lex is the on-line access to the European law.

3.9.2009

Official Journal of the European Union

C 208/3

Euro exchange rates (1)

2 September 2009

2009/C 208/03

1 euro =

	Currency	Exchange rate
USD	US dollar	1,4220
JPY	Japanese yen	131,63
DKK	Danish krone	7,4428
GBP	Pound sterling	0,87510
SEK	Swedish krona	10,3186
CHF	Swiss franc	1,5167
ISK	Iceland króna
NOK	Norwegian krone	8,6800
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,686
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	276,37
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,7028
PLN	Polish zloty	4,1680
RON	Romanian leu	4,2388
TRY	Turkish lira	2,1512
AUD	Australian dollar	1,7112
CAD	Canadian dollar	1,5720
HKD	Hong Kong dollar	11,0222
NZD	New Zealand dollar	2,1078
SGD	Singapore dollar	2,0526
KRW	South Korean won	1 774,54
ZAR	South African rand	11,1879
CNY	Chinese yuan renminbi	9,7137
HRK	Croatian kuna	7,3461
IDR	Indonesian rupiah	14 450,56
MYR	Malaysian ringgit	5,0332
PHP	Philippine peso	69,534
RUB	Russian rouble	45,3921
THB	Thai baht	48,426
BRL	Brazilian real	2,7048
MXN	Mexican peso	19,3961
INR	Indian rupee	69,6420

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

3.9.2009

Official Journal of the European Union

C 208/4

Special Report No 7/2009 ‘The management of the Galileo programme’s development and validation phase’

2009/C 208/04

The European Court of Auditors hereby informs you that Special Report No 7/2009 ‘The management of the Galileo programme’s development and validation phase’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://www.eca.europa.eu

A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:

European Court of Auditors

Communication and Reports Unit

12, rue Alcide De Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: euraud@eca.europa.eu

or by filling in an electronic order form at EU-Bookshop.

3.9.2009

Official Journal of the European Union

C 208/5

Request for an Advisory Opinion to the EFTA Court by Beschwerdekommission der Finanzmarktaufsicht dated 27 March 2009 in the case of Inconsult Anstalt v Finanzmarktaufsicht

(Case E-4/09)

2009/C 208/05

A request has been made to the EFTA Court by a letter of 27 March 2009 from Beschwerdekommission der Finanzmarktaufsicht (the Appeals Commission of the Financial Market Authority), which was received at the Court Registry on 14 April 2009, for an Advisory Opinion in the case of Inconsult Anstalt v Finanzmarktaufsicht, on the following questions:

1.	How is Article 2(12) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation to be interpreted as to the criteria by which a website may be regarded as constituting a ‘durable medium’?

3.9.2009

Official Journal of the European Union

C 208/6

Action brought on 22 June 2009 by the EFTA Surveillance Authority against the Principality of Liechtenstein

(Case E-7/09)

2009/C 208/06

An action against the Principality of Liechtenstein was brought before the EFTA Court on 22 June 2009 by the EFTA Surveillance Authority, represented by Bjørnar Alterskjær and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, rue Belliard 35, 1040 Brussels, BELGIUM.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

By failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 10e of Annex XXII to the Agreement on the European Economic Area (Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of that Act and under Article 7 EEA;

and

2.	The Principality of Liechtenstein bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

—	the present case concerns the non-implementation of a directive concerning cross-border mergers of limited liability companies,

—	the EFTA Surveillance Authority pleads that the Principality of Liechtenstein has not provided any indication that it has implemented the directive into Liechtenstein law,

—	the EFTA Surveillance Authority pleads that the Principality of Liechtenstein has not disputed that it has not implemented the directive.

3.9.2009

Official Journal of the European Union

C 208/7

Notice of initiation of an anti-subsidy proceeding concerning imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates

2009/C 208/07

The Commission has received a complaint pursuant to Article 10 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of certain polyethylene terephthalate, originating in Iran, Pakistan and the United Arab Emirates (‘the countries concerned’), are being subsidised and are thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 20 July 2009 by Polyethylene Terephthalate Committee of Plastics Europe (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of certain polyethylene terephthalate (‘PET’).

2. Product

The product allegedly being subsidised is polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, originating in Iran, Pakistan and the United Arab Emirates (‘the product concerned’), currently falling within CN code 3907 60 20. This CN code is given only for information.

3. Allegation of subsidisation

(a) Iran

It is alleged that the sole producer of the product concerned in Iran has benefited from a number of subsidies granted by the Government of Iran. The subsidies consist of schemes conferring benefits to industries located in the Petrochemical Special Economic Zone including inter alia capital tax exemption, direct income tax exemption and imports of raw materials and capital goods without the payment of import duties.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of Iran and confer a benefit to the recipient, i.e. to the sole exporting producer of the product concerned. They are alleged to be limited to operators located in special economic zones and therefore specific and countervailable.

(b) Pakistan

It is alleged that the producers of the product concerned in Pakistan have benefited from a number of subsidies granted by the Government of Pakistan. The subsidies consist of schemes conferring benefits to industries recognised as value-added or export industries. They include inter alia exemption from customs duty on imported raw materials used in manufacturing for export, reduction in customs duty levied on imports of plant, machinery and equipment, tax relief in the form of a first-year-allowance on investments in plant, machinery and equipment, and re-investment allowance.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of Pakistan and confer a benefit to the recipients, i.e. to exporters/producers of the product concerned. They are alleged to be limited to value-added and export industries and therefore specific and countervailable.

It is alleged that the sole producer of the product concerned in the United Arab Emirates has benefited from a number of subsidies granted by the Government of the United Arab Emirates. The subsidies consist of schemes conferring benefits inter alia to export-oriented industries as well as industries established in areas determined by the Government. They include inter alia assignment of a building-site for projects, either free or at a reduced price, rent on the necessary industrial buildings at optimal conditions, supply of electricity and water at incentive rates, customs-free imports of raw materials and capital goods, tax-exemption for the profits made by projects, re-investment allowances, exemption of locally made products from duties and taxes and subsidies to exports.

It is alleged that the above schemes are subsidies since they involve a financial contribution from the Government of the United Arab Emirates and confer a benefit to the recipient, i.e. to the sole exporting producer of the product concerned. They are alleged to be primarily given to certain specified types of projects including export-oriented projects and projects located in areas determined by the Government, and therefore specific and countervailable.

4. Allegation of injury

The complainant has provided evidence that imports of the product concerned from Iran, Pakistan and the United Arab Emirates 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 market share held and the level of prices charged by the Community industry, resulting in substantial adverse effects on the financial situation and the situation with regard to employment, 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 10 of the basic Regulation.

5.1. Procedure for the determination of subsidisation and injury

The investigation will determine whether the product concerned originating in Iran, Pakistan and the United Arab Emirates is being subsidised and whether this subsidisation 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 27 of the basic Regulation.

(i) 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 point 6(b)(i) and in the formats indicated in point 7:

—	name, address, e-mail address, telephone and fax numbers, and contact person,

—	the total turnover in euro of the company during the period 1 July 2008 to 30 June 2009,

—	the total number of employees,

—	the precise activities of the company with regard to the product concerned/like product,

—	the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in Iran, Pakistan and the United Arab Emirates,

—	the names and the precise activities of all related companies (2) involved in the production and/or selling of the product concerned/like product,

—	any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion or inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

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.

(ii) 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 decide whether sampling is necessary and, if so, to select a sample, all Community producers, or representatives acting on their behalf, are hereby requested to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

—	name, address, e-mail address, telephone and fax numbers, and contact person,

—	the total turnover in euro of the company during the period 1 July 2008 to 30 June 2009,

—	the precise activities of the company worldwide with regard to the like product,

—	the value in euro of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009,

—	the volume in tonnes of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009,

—	the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009,

—	the names and the precise activities of all related companies (3) involved in the production and/or selling of the like product,

—	any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have cooperated in the investigation. The consequences of non-cooperation are set out in point 8 below.

(iii) Final selection of the samples

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

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 point 6(b)(iii) 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 27(4) and 28 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 point 8.

(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 exporters/producers in Iran, Pakistan and the United Arab Emirates, to any known association of exporters/producers, to the sampled importers, to any known association of importers, and to the authorities of the exporting countries concerned.

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 point 6(a)(ii).

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 point 6(a)(iii).

5.2. Procedure for assessment of Community interest

In accordance with Article 31 of the basic Regulation and in the event that the allegations of subsidisation and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of countervailing measures would not be against the Community interest. For this reason the Commission may send questionnaires to the sampled Community industry, importers, their representative associations, representative users and representative consumer organisations. Such parties, including those not known to the Commission, 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 point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the preceding sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 31 of the basic Regulation 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 10 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's making itself known within the aforementioned period.

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

(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

(i)

The information specified in points 5.1(a)(i) and 5.1(a)(ii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(ii)	All other information relevant for the selection of the sample as referred to in point 5.1(a)(iii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

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 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 29(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:

European Commission

Directorate-General for Trade

Directorate H

Office N-105 04/092

1049 Brussels

BELGIUM

Fax +32 22956505

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 28 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 28 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 11(9) of the basic Regulation within 13 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 12(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.

10. Processing of personal data

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 of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

11. Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of Trade DG. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of Trade DG (http://ec.europa.eu/trade).

(1) OJ L 188, 18.7.2009, p. 93.

(2) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(3) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing 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 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

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

3.9.2009

Official Journal of the European Union

C 208/12

Notice of initiation of an anti-dumping proceeding concerning imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates

2009/C 208/08

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), alleging that imports of certain polyethylene terephthalate, originating in Iran, Pakistan and the United Arab Emirates (‘the countries concerned’), are being dumped and are thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 20 July 2009 by the Polyethylene Terephthalate Committee of Plastics Europe (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of certain polyethylene terephthalate (‘PET’).

2. Product

The product allegedly being dumped is polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, originating in Iran, Pakistan and the United Arab Emirates (‘the product concerned’), currently falling within CN code 3907 60 20. This CN code is given only for information.

3. Allegation of dumping

The allegation of dumping in respect of Iran, Pakistan and the United Arab Emirates is based on a comparison of a constructed normal value with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant for all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the product concerned from Iran, Pakistan and the United Arab Emirates have increased overall in absolute terms and in terms of market share.

5. Procedure

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in Iran, Pakistan and the United Arab Emirates 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 importers

—	name, address, e-mail address, telephone and fax numbers, and contact person,

—	the total turnover in euro of the company during the period 1 July 2008 to 30 June 2009,

—	the total number of employees,

—	the precise activities of the company with regard to the product concerned/like product,

—	the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 July 2008 to 30 June 2009 of the imported product concerned originating in Iran, Pakistan and the United Arab Emirates,

—	the names and the precise activities of all related companies involved in the production and/or selling of the product concerned/like product,

—	any other relevant information that would assist the Commission in the selection of the sample.

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.

(ii) 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.

—	name, address, e-mail address, telephone and fax numbers, and contact person,

—	the total turnover in euro of the company during the period 1 July 2008 to 30 June 2009,

—	the precise activities of the company worldwide with regard to the like product,

—	the value in euro of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009,

—	the volume in tonnes of sales of the like product made in the Community market during the period 1 July 2008 to 30 June 2009,

—	the volume in tonnes of the production of the like product during the period 1 July 2008 to 30 June 2009,

—	the names and the precise activities of all related companies involved in the production and/or selling of the like product,

—	any other relevant information that would assist the Commission in the selection of the sample.

(iii) Final selection of the samples

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

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 point 6(b)(iii) 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 point 8.

(b) Questionnaires

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 Commission may send questionnaires to the sampled Community industry, importers, their representative associations, representative users and representative consumer organisations. Such parties, including those not known to the Commission, 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 point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the preceding sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 21 of the basic Regulation 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 10 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

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

(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

(i)

(ii)	All other information relevant for the selection of the sample as referred to in point 5.1(a)(iii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

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 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’ 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:

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/092

1049 Brussels

BELGIUM

Fax +32 22956505

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 9 months from the publication of this notice in the Official Journal of the European Union.

10. Processing of personal data

11. Hearing Officer

(1) OJ L 56, 6.3.1996, p. 1.

3.9.2009

Official Journal of the European Union

C 208/16

Prior notification of a concentration

(Case COMP/M.5601 — RREEF Fund/UFG/SAGGAS)

(Text with EEA relevance)

2009/C 208/09

On 26 August 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking RREEF Pan-European Infrastructure Fund LP (‘RREEF Fund’, United Kingdom), ultimately managed by Deutsche Bank (‘DB’, Germany) and Union Fenosa Gas, S.A. (‘UFG’, Spain), which is a joint venture between Unión Fenosa S.A. (now Gas Natural SDG, S.A. ‘GN’, Spain), and ENI S.p.A (‘ENI’, Italy), acquire, within the meaning of Article 3(1)(b) of the Council Regulation, joint control of the undertaking Planta De Regasification De Sagunto S.A. (‘SAGGAS’, Spain) by way of purchase of shares in an existing joint venture. Currently, SAGGAS is jointly controlled by UFG, Iberdrola S.A. (Spain) and Endesa Generación S.A. (Spain).

The business activities of the undertakings concerned are:

—	for RREEF Fund: investment fund active in banking, financial and related services worldwide,

—	for UFG: supply of gas to undertakings and individuals in Spain,

—	for SAGGAS: regasification of liquid natural gas in Spain.

3.	On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5601 — RREEF Fund/UFG/SAGGAS, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

3.9.2009

Official Journal of the European Union

C 208/17

Prior notification of a concentration

(Case COMP/M.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVs)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 208/10

On 26 August 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings TNT Post Holding Deutschland GmbH (‘TNT Deutschland’, Germany), belonging to the group TNT N.V. (the Netherlands), and Georg von Holtzbrinck GmbH & Co. KG (‘Holtzbrinck’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of PIN Mail AG, Berlin, PIN Mail GmbH, Woltersdorf, PIN Mail GmbH, Wildau, Blitz-Kurier GmbH, Rathenow, City Brief Bote GmbH, Schwedt/Oder, Märkische Postdienste GmbH, Brandenburg an der Havel, DEBEX GmbH, Potsdam and Die Briefboten GmbH, Potsdam (together ‘the joint ventures’, all registered in Germany) by way of purchase of shares.

The business activities of the undertakings concerned are:

—	for TNT Deutschland: mail delivery services,

—	for Holtzbrinck: publishing, electronic media, mail delivery services,

—	for the joint ventures: regional mail delivery services.

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

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVs, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 56, 5.3.2005, p. 32.

3.9.2009

Official Journal of the European Union

C 208/18

Prior notification of a concentration

(Case COMP/M.5630 — MD Investors/Metaldyne)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 208/11

On 27 August 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which MD Investors Corporation (USA), indirectly solely controlled by The Carlyle Group (USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part(s) of Metaldyne Corporation (USA) by way of purchase of assets.

The business activities of the undertakings concerned are:

—	for The Carlyle Group: private equity investment,

—	for MD Investors Corporation: private equity investment,

—	for Metaldyne Corporation: manufacture and sale of metal components for light-duty motor vehicles to automotive OEM and Tier 1 automotive suppliers.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5630 — MD Investors/Metaldyne, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 56, 5.3.2005, p. 32.

3.9.2009

Official Journal of the European Union

C 208/19

Corrigendum to the Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services

(Text with EEA relevance)

( Official Journal of the European Union C 203 of 28 August 2009 )

2009/C 208/12

On page 6:

for:

‘Member State

France

Concerned route

Rouen–Lyon (Saint-Exupéry)

Date of entry into force of the public service obligations

25 décembre 2009

Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained

Arrêté du 9 juillet 2009 relatif à l’imposition d’OSP sur les services aériens réguliers entre Rouen et Lyon (Saint-Exupéry)

NOR: DEVA0915880A

http://www.legifrance.gouv.fr/initRechTexte.do

Direction générale de l'Aviation civile

DTA/SDT/T2

50 rue Henry Farman

75720 Paris Cedex 15

FRANCE

Tél. +33 158094321

Courriel: osp-compagnies@dta.aviation-civile.gouv.fr’,

read:

‘Member State

France

Concerned route

Rouen–Lyon (Saint-Exupéry)

Date of entry into force of the public service obligations

25 octobre 2009

Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained

Arrêté du 9 juillet 2009 relatif à l’imposition d’OSP sur les services aériens réguliers entre Rouen et Lyon (Saint-Exupéry)

NOR: DEVA0915880A

http://www.legifrance.gouv.fr/initRechTexte.do

Direction générale de l'Aviation civile

DTA/SDT/T2

50 rue Henry Farman

75720 Paris Cedex 15

FRANCE

Tél. +33 158094321

Courriel: osp-compagnies.dta@aviation-civile.gouv.fr’.

		ISSN 1725-2423 doi:10.3000/17252423.C_2009.208.eng
Official Journal of the European Union		C 208

English edition	Information and Notices	Volume 52 3 September 2009

Notice No	Contents	page
	I Resolutions, recommendations and opinions
	OPINIONS
	Commission
2009/C 208/01	Commission Opinion of 2 September 2009 relating to the plan for the disposal of radioactive waste arising from the National Radioactive Waste Repository at Bátaapáti, located in Hungary, in accordance with Article 37 of the Euratom Treaty	1

	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES
	Commission
2009/C 208/02	Non-opposition to a notified concentration (Case COMP/M.5588 — General Motors/Delphi Steering II) ( 1 )	2

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
	Commission
2009/C 208/03	Euro exchange rates	3

	The Court of Auditors
2009/C 208/04	Special Report No 7/2009 The management of the Galileo programme’s development and validation phase	4

	V Announcements
	COURT PROCEEDINGS
	EFTA Court
2009/C 208/05	Request for an Advisory Opinion to the EFTA Court by Beschwerdekommission der Finanzmarktaufsicht dated 27 March 2009 in the case of Inconsult Anstalt v Finanzmarktaufsicht (Case E-4/09)	5

2009/C 208/06	Action brought on 22 June 2009 by the EFTA Surveillance Authority against the Principality of Liechtenstein (Case E-7/09)	6

	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	Commission
2009/C 208/07	Notice of initiation of an anti-subsidy proceeding concerning imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates	7

2009/C 208/08	Notice of initiation of an anti-dumping proceeding concerning imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates	12

	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY
	Commission
2009/C 208/09	Prior notification of a concentration (Case COMP/M.5601 — RREEF Fund/UFG/SAGGAS) ( 1 )	16

2009/C 208/10	Prior notification of a concentration (Case COMP/M.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVs) — Candidate case for simplified procedure ( 1 )	17

2009/C 208/11	Prior notification of a concentration (Case COMP/M.5630 — MD Investors/Metaldyne) — Candidate case for simplified procedure ( 1 )	18

	Corrigenda
2009/C 208/12	Corrigendum to the Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services(OJ C 203, 28.8.2009) ( 1 )	19