ISSN 1977-091X
Official Journal
of the European Union
C 264
English edition
Information and Notices
Volume 60
11 August 2017
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ISSN 1977-091X |
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Official Journal of the European Union |
C 264 |
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English edition |
Information and Notices |
Volume 60 |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2017/C 264/13 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2017/C 264/14 |
Prior notification of a concentration (Case M.8598 — BNPP/Starwood/Hotel Portfolio) — Candidate case for simplified procedure ( 1 ) |
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OTHER ACTS |
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European Commission |
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2017/C 264/15 |
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2017/C 264/16 |
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(1) Text with EEA relevance. |
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EN |
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IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/1 |
Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2016/849, as implemented by Council Implementing Decision (CFSP) 2017/1459, concerning restrictive measures against the Democratic People’s Republic of Korea
(2017/C 264/01)
The following information is brought to the attention of the persons and entities that appear in Annex I to Council Decision (CFSP) 2016/849 (1), as implemented by Council Implementing Decision (CFSP) 2017/1459 (2), concerning restrictive measures against the Democratic People’s Republic of Korea.
The United Nations Security Council has decided by Resolution 2371(2017) that you/your company should be included in the list of persons and entities subject to the measures imposed by UN Security Council Resolution 1718 (2006).
Those concerned may submit at any time a request to the United Nations Security Council Committee established pursuant to Resolution 1718 (2006), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such request should be sent to the following address:
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United Nations – Focal point for delisting |
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Security Council Subsidiary Organs Branch |
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Room S-3055 E |
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New York, NY 10017 |
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UNITED STATES OF AMERICA |
See for more information at: https://www.un.org/sc/suborg/en/sanctions/1718
Further to the UN decision, the Council of the European Union has decided that the persons and entities that were designated by the United Nations Security Council should be included in the list of persons and entities subject to restrictive measures set out in Annex I to Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea. The grounds for designations of those persons and entities appear in the relevant entries in that Annex.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Council Regulation (EC) No 329/2007 (3), in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:
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Council of the European Union |
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General Secretariat |
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DG C 1C — Horizontal Issues |
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Rue de la Loi/Wetstraat 175 |
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1048 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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E-mail: sanctions@consilium.europa.eu |
The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.
(1) OJ L 141, 28.5.2016, p. 79.
(2) OJ L 208, 11.8.2017, p. 38.
European Commission
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/3 |
Euro exchange rates (1)
10 August 2017
(2017/C 264/02)
1 euro =
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Currency |
Exchange rate |
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USD |
US dollar |
1,1732 |
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JPY |
Japanese yen |
128,76 |
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DKK |
Danish krone |
7,4381 |
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GBP |
Pound sterling |
0,90303 |
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SEK |
Swedish krona |
9,5680 |
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CHF |
Swiss franc |
1,1341 |
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ISK |
Iceland króna |
|
|
NOK |
Norwegian krone |
9,3355 |
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BGN |
Bulgarian lev |
1,9558 |
|
CZK |
Czech koruna |
26,157 |
|
HUF |
Hungarian forint |
305,37 |
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PLN |
Polish zloty |
4,2717 |
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RON |
Romanian leu |
4,5743 |
|
TRY |
Turkish lira |
4,1462 |
|
AUD |
Australian dollar |
1,4888 |
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CAD |
Canadian dollar |
1,4923 |
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HKD |
Hong Kong dollar |
9,1680 |
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NZD |
New Zealand dollar |
1,6142 |
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SGD |
Singapore dollar |
1,6000 |
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KRW |
South Korean won |
1 341,21 |
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ZAR |
South African rand |
15,6740 |
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CNY |
Chinese yuan renminbi |
7,8068 |
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HRK |
Croatian kuna |
7,4008 |
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IDR |
Indonesian rupiah |
15 670,45 |
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MYR |
Malaysian ringgit |
5,0348 |
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PHP |
Philippine peso |
59,567 |
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RUB |
Russian rouble |
70,2875 |
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THB |
Thai baht |
39,021 |
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BRL |
Brazilian real |
3,7024 |
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MXN |
Mexican peso |
21,0547 |
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INR |
Indian rupee |
75,2080 |
(1) Source: reference exchange rate published by the ECB.
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/4 |
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1) )
(Text with EEA relevance)
(2017/C 264/03)
Decisions granting an authorisation
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Reference of the decision (2) |
Date of decision |
Substance name |
Holder of the authorisation |
Authorisation number |
Authorised use |
Date of expiry of review period |
Reasons for the decision |
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C(2017) 5012 |
4 August 2017 |
Lead chromate EC No 231-846-0 CAS No 7758-97-6 |
Etienne Lacroix Tous Artifices SA, Route de Gaudiès, 09270 Mazères, France |
REACH/17/10/0 |
Industrial use of lead chromate in the production of pyrotechnical delay devices contained into ammunition for naval self-protection |
4 August 2024 |
In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health arising from the use of the substance and there are no suitable alternative substances or technologies in terms of their technical and economic feasibility. |
(1) OJ L 396, 30.12.2006, p. 1
(2) The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/5 |
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 19 April 2017 regarding a draft decision relating to Case AT.40153 — E-book MFNs and related matters
Rapporteur: Sweden
(2017/C 264/04)
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(1) |
The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 5 April 2017 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement. |
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(2) |
The Advisory Committee agrees with the preliminary assessment that the behaviour at hand had an appreciable effect on trade between Member States. |
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(3) |
The Advisory Committee agrees that the Final Commitments offered by Amazon adequately address the competition concerns identified by the Commission. |
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(4) |
The Advisory Committee agrees with the Commission that the proceedings concerning Amazon can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. |
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(5) |
The Advisory Committee agrees with the Commission that the commitments offered by Amazon are suitable, necessary and proportionate and should be made legally binding on Amazon. |
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(6) |
The Advisory Committee agrees with the Commission that, in light of the commitments offered by Amazon, there are no longer grounds for action by the Commission against Amazon, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. |
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(7) |
The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
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(8) |
The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/6 |
Final Report of the Hearing Officer (1)
E-Book MFNs and related matters
(AT.40153)
(2017/C 264/05)
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(1) |
Following an ex officio investigation, on 11 June 2015, the Commission initiated proceedings within the meaning of Article 11(6) of Regulation (EC) No 1/2003 (2) and Article 2(1) of Regulation (EC) No 773/2004 (3) against Amazon.com, Inc. and Amazon EU, SARL. On 9 December 2016, proceedings were also initiated against Amazon Digital Services, LLC and Amazon Media EU, SARL (collectively ‘Amazon’). |
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(2) |
On 9 December 2016, the Commission adopted pursuant to Article 9(1) of Regulation (EC) No 1/2003 a Preliminary Assessment, expressing concerns that certain parity clauses and similar provisions introduced in Amazon’s agreements with E-book Suppliers may amount to an abuse of a dominant position in breach of Article 102 of the Treaty and Article 54 of the EEA Agreement. |
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(3) |
While not being in agreement with the Commission’s preliminary conclusions, on 13 January 2017, Amazon offered commitments to meet the concerns expressed by the Commission in its Preliminary Assessment. |
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(4) |
On 26 January 2017, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the commitments, and inviting interested third parties to give their observations (4). The Commission received observations from fifteen interested third parties. In response to these comments, on 31 March 2017, Amazon submitted revised commitments (the ‘Final Commitments’). |
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(5) |
In the draft decision, the Commission considers that the Final Commitments address adequately the competition concerns as expressed in the Preliminary Assessment and it makes these Final Commitments binding upon Amazon. In light hereof, the Commission concludes that there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end. |
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(6) |
I have not received any request or complaint from Amazon in relation to this procedure (5). |
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(7) |
In light of all the above, I consider that the effective exercise of the procedural rights has been respected in this case. |
Brussels, 25 April 2017.
Joos STRAGIER
(1) Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).
(2) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1) (‘Regulation 1/2003’).
(3) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).
(4) Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40153 — E-book MFNs and related matters (OJ C 26, 26.1.2017, p. 2).
(5) According to Article 15(1) of Decision 2011/695/EU, parties to the proceedings offering commitments pursuant to Article 9 of Regulation (EC) No 1/2003 may call upon the Hearing Officer at any stage of the procedure in order to ensure the effective exercise of their procedural rights.
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/7 |
Summary of Commission Decision
of 4 May 2017
relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement
(Case AT.40153 — E-Book MFNS and related matters)
(notified under document C(2017) 2876)
(Only the English text is authentic)
(2017/C 264/06)
On 4 May 2017, the Commission adopted a decision relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets.
1. INTRODUCTION
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(1) |
The Decision makes legally binding the commitments offered by Amazon.com, Inc., and its directly and indirectly controlled entities, including Amazon EU SARL, Amazon Digital Services, LLC and Amazon Media EU, SARL (hereinafter jointly referred to as ‘Amazon’) under Article 9 of Council Regulation (EC) No 1/2003 (‘Regulation 1/2003’) in a proceeding under Article 102 of the Treaty on the Functioning of the European Union (‘the Treaty’) and Article 54 of the EEA Agreement relating to certain parity clauses and similar provisions introduced in Amazon's agreements with E-book Suppliers. |
2. PROCEDURE
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(2) |
On 11 June 2015 the Commission initiated proceedings pursuant to Article 2 of Commission Regulation (EC) No 773/2004 against Amazon.com, Inc. and Amazon EU SARL with a view to adopting a decision under Chapter III of Regulation (EC) No 1/2003. On 9 December 2016, proceedings were also initiated against Amazon Digital Services, LLC and Amazon Media EU, SARL. |
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(3) |
On 9 December 2016 the Commission adopted, pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Preliminary Assessment which set out the Commission's preliminary competition concerns. |
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(4) |
On 13 January 2017 Amazon submitted draft commitments (‘the Initial Commitments’) to the Commission in response to the Preliminary Assessment. On 26 January 2017 a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the Initial Commitments and inviting interested third parties to give their observations on the Initial Commitments within one month following publication. |
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(5) |
On 9 March 2017 the Commission informed Amazon of the observations received from interested third parties following the publication of the notice. On 31 March 2017 Amazon submitted an amended proposal for commitments (‘Final Commitments’). |
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(6) |
On 19 April 2017 the Advisory Committee on Restrictive Practices and Dominant Positions was consulted and issued a favourable opinion. |
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(7) |
On 25 April 2017 the Hearing Officer issued his final report. |
3. THE COMMISSION'S COMPETITION CONCERNS
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(8) |
The Preliminary Assessment of 9 December 2016 set out the preliminary concerns of the Commission. In particular, the Commission took the preliminary view that Amazon abused its dominant positions on the markets for the retail distribution of English language and German language e-books to consumers in the EEA, in breach of Article 102 TFEU and Article 54 of the EEA Agreement, by requiring E-book Suppliers (2) (i) to notify Amazon of more favourable or alternative terms and conditions they offer elsewhere; and/or (ii) to make available to Amazon terms and conditions which directly or indirectly depend on the terms and conditions offered to another E-book Retailer (3) (hereinafter, collectively referred to as ‘Parity Clauses’). |
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(9) |
The Commission's preliminary concerns related to the use by Amazon of non-price Parity Clauses requiring E-book Suppliers to offer Amazon the same business models (‘Business Model Parity’), e-books within a particular territory and/or release dates (‘Selection Parity’), features, functionalities, usage rules, elements or content (‘Features Parity’), as well as price Parity Clauses related to retail prices in agency agreements (‘Agency Price Parity’), and promotions (‘Promotion Parity’). |
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(10) |
The preliminary concerns also related to a clause referred to as ‘Discount Pool Provisions’, which provides for a ‘pool’ of credits that Amazon may use at its discretion to discount agency prices for any e-book supplied by that E-book Supplier on Amazon. The pool is calculated based on the differences between the agency prices set by the E-book Supplier for its e-books on Amazon and the agency prices or reseller prices for those e-books available through other E-book Retailers. |
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(11) |
The preliminary concerns further related to clauses requiring E-book Suppliers to provide Amazon a wholesale price as a result of such offer being available to one of Amazon's competitors (‘Wholesale Price Parity’). Also covered were clauses requiring the E-book Supplier to notify Amazon if it makes available different alternative business models, e-books, availability dates, features, promotions or lower wholesale and agency prices to E-book Retailers other than Amazon (‘Notification Provisions’). |
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(12) |
The Commission took the preliminary view that the Business Model Parity and the respective Notification Provisions are capable of (i) reducing E-book Suppliers' incentives to support and invest in alternative new and innovative business models; (ii) reducing Amazon's competitors' ability and incentives to develop and differentiate their offerings through such business models; (iii) deterring entry and/or expansion by E-book Retailers, thus weakening competition at the e-book distribution level and strengthening Amazon's dominant position. |
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(13) |
Further, the Commission took the preliminary view that the Selection Parity and the Feature Parity are capable of (i) reducing the incentives of E-book Suppliers and E-book Retailers to develop e-books which are not primarily text and preventing differentiation of E-book Retailers (on the basis of content, particular features or functionalities of e-books or earlier release dates), thus potentially weakening competition at the e-book distribution level; (ii) weakening competition between, and deterring entry and/or expansion by, E-book Retailers by limiting the scope for differentiated e-book offerings by E-book Retailers, which may result in higher prices and less choice for consumers. |
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(14) |
Moreover, the Commission took the preliminary view that the Agency Price Parity, Promotion Parity, Discount Pool Provisions and the respective Notification Provisions (in combination with Amazon's conduct aimed at achieving retail price parity) are capable of (i) deterring the entry or expansion of E-book Retailers, thereby strengthening Amazon's dominant position; (ii) allowing Amazon to reduce competition between E-book Retailers and thereby to obtain higher commissions from E-book Suppliers, which may ultimately lead to higher e-book retail prices. |
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(15) |
Finally, the Commission took the preliminary view that the Wholesale Price Parity (i) is capable of hindering E-book Retailers from entering and expanding in the relevant markets by offering lower e-book retail prices to consumers than Amazon; and (ii) potentially reinforces the potential effects of the Selection Parity by ensuring that Amazon accesses e-books at best wholesale terms in case E-book Suppliers prefer not to offer a given e-book to Amazon. |
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(16) |
The Commission took the preliminary view that the Parity Clauses analysed in paragraphs (12) to (15) above represent, in and of themselves, an abuse of a dominant position in the relevant markets in the EEA. In addition, the Commission preliminarily considered that the combination of the different Price-Related Parity Clauses (i.e., Agency Price Parity, Discount Pool Provisions, Promotion Parity, Wholesale Price Parity and Agency Commission Parity), Non-Price-Related Parity Clauses (i.e., Business Model Parity, Selection and Features Parity) and Notification Provisions was likely to reinforce the potential anti-competitive effects of the individual Parity Clauses. |
4. THE INITIAL COMMITMENTS, THE MARKET TEST AND THE FINAL COMMITMENTS
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(17) |
Amazon does not agree with the Commission's preliminary assessment and findings. It nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission's competition concerns. The key elements of the Initial Commitments offered by Amazon can be summarised as follows:
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(18) |
In response to the publication on 26 January 2017 of a notice pursuant to Article 27(4) of Regulation (EC) No 1/2003 (‘the Market Test’), the Commission received observations from fifteen interested third parties, including from E-book Suppliers, E-book Retailers, publishers associations and consumer organisations. |
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(19) |
The observations received mainly related to the definitions used in the Initial Commitments (it was recommended to clarify and align them with existing Parity Provisions and to expand their scope to cover print books, audio books, apps, self-published e-books, comic books and graphic novels as well as educational titles), scope and timing of Amazon's obligations, duration of the commitments as well as retaliation, non-circumvention and monitoring of compliance. |
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(20) |
In response to the observations made, Amazon submitted a new set of commitments (Final Commitments). The Final Commitments differ from the proposed Initial Commitments as follows:
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5. CONCLUSION
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(21) |
The Final Commitments are sufficient to address the initial concerns identified by the Commission in its Preliminary Assessment without being disproportionate. In reaching this conclusion, the Commission has taken into consideration the interests of third parties, including those of the interested third parties that have responded to the Market Test. |
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(22) |
The Commission notes that the Final Commitments ban the use of the Parity Clauses in relation to which the Commission expressed the preliminary concern that they were capable of hindering, or likely to hinder, E-book Suppliers' and competing E-book Retailers' ability and incentives to support and invest in alternative and differentiated business models and e-book offerings. Further, the Final Commitments ban the use of the Parity Clauses in relation to the Commission's preliminary concern that they were capable of, or likely to reduce, the competitiveness of E-book Retailers by limiting their ability and incentive to develop and differentiate their e-book offerings, thereby reducing barriers to entry and expansion in the relevant markets. Finally, the ban on the use of the relevant Parity Clauses will likely facilitate entry and expansion of competing E-book Retailers and spur competition at the e-books retail distribution level. |
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(23) |
Amazon has not offered less onerous commitments in response to the Preliminary Assessment that also address the Commission's preliminary concerns adequately. The Final Commitments accordingly comply with the principle of proportionality. |
(2) The terminology ‘E-book Supplier’ is used in order to encompass all entities that hold the necessary rights to license e-books to e-books retailers or sell e-books directly to consumers. As such, ‘E-book Suppliers’ include e-book publishers and certain intermediaries (for instance, wholesalers or aggregators).
(3) The terminology ‘E-book Retailer’ for the purposes of this document includes any person or entity that lawfully sells (or seeks to lawfully sell) e-books to consumers in one or more countries in the EEA, or through which an E-book Supplier, under an agency agreement, sells e-books to consumers in one or more countries in the EEA. An E-book Supplier is an E-book Retailer to the extent that the E-book Supplier sells e-books directly to consumers or sells e-books through an agent under an agency agreement.
NOTICES FROM MEMBER STATES
|
11.8.2017 |
EN |
Official Journal of the European Union |
C 264/11 |
Information communicated by Member States regarding closure of fisheries
(2017/C 264/07)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 |
9.7.2017 at 19.00 UTC |
|
Duration |
9.7.2017 – 31.12.2017 |
|
Member State |
European Union (All Member States) |
|
Stock or Group of stocks |
RED/N3M. |
|
Species |
Redfish (Sebastes spp.) |
|
Zone |
NAFO 3M |
|
Type(s) of fishing vessels |
— |
|
Reference number |
12/TQ127 |
(1) OJ L 343, 22.12.2009, p. 1.
|
11.8.2017 |
EN |
Official Journal of the European Union |
C 264/11 |
Information communicated by Member States regarding closure of fisheries
(2017/C 264/08)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 |
3.7.2017 |
|
Duration |
3.7.2017 – 31.12.2017 |
|
Member State |
Spain |
|
Stock or Group of stocks |
HAD/5BC6A. |
|
Species |
Haddock (Melanogrammus aeglefinus) |
|
Zone |
Union and international waters of Vb and VIa |
|
Type(s) of fishing vessels |
— |
|
Reference number |
11/TQ127 |
(1) OJ L 343, 22.12.2009, p. 1.
|
11.8.2017 |
EN |
Official Journal of the European Union |
C 264/12 |
Information communicated by Member States regarding closure of fisheries
(2017/C 264/09)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 |
1.7.2017 |
|
Duration |
1.7.2017-31.12.2017 |
|
Member State |
Denmark |
|
Stock or Group of stocks |
LIN/3A/BCD |
|
Species |
Ling (Molva molva) |
|
Zone |
IIIa; Union waters of IIIbcd |
|
Type(s) of fishing vessels |
— |
|
Reference number |
10/TQ127 |
(1) OJ L 343, 22.12.2009, p. 1.
|
11.8.2017 |
EN |
Official Journal of the European Union |
C 264/12 |
Information communicated by Member States regarding closure of fisheries
(2017/C 264/10)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 |
21.6.2017 |
|
Duration |
21.6.2017-31.12.2017 |
|
Member State |
Belgium |
|
Stock or Group of stocks |
COD/07A. |
|
Species |
Cod (gadus morhua) |
|
Zone |
VIIa |
|
Type(s) of fishing vessels |
— |
|
Reference number |
09/TQ127 |
(1) OJ L 343, 22.12.2009, p. 1.
|
11.8.2017 |
EN |
Official Journal of the European Union |
C 264/13 |
Information communicated by Member States regarding closure of fisheries
(2017/C 264/11)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 |
13.7.2017 |
|
Duration |
13.7.2017-31.12.2017 |
|
Member State |
Spain |
|
Stock or Group of stocks |
ALF/3X14- |
|
Species |
Alfonsinos (Beryx spp.) |
|
Zone |
Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV |
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Type(s) of fishing vessels |
— |
|
Reference number |
13/TQ2285 |
(1) OJ L 343, 22.12.2009, p. 1.
|
11.8.2017 |
EN |
Official Journal of the European Union |
C 264/13 |
Information communicated by Member States regarding closure of fisheries
(2017/C 264/12)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 |
19.7.2017 |
|
Duration |
19.7.2017-31.12.2017 |
|
Member State |
Spain |
|
Stock or Group of stocks |
BSF/8910 |
|
Species |
Black scabbardfish (Aphanopus carbo) |
|
Zone |
Union and international waters of VIII, IX and X |
|
Type(s) of fishing vessels |
— |
|
Reference number |
14/TQ2285 |
(1) OJ L 343, 22.12.2009, p. 1.
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/14 |
Notice of initiation of an anti-dumping proceeding concerning imports of new and retreaded tyres for buses or lorries originating in the People's Republic of China
(2017/C 264/13)
The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of new and retreaded tyres for buses or lorries, originating in the People's Republic of China, are being dumped and are thereby causing material injury to the Union industry.
1. Complaint
The complaint was lodged on 30 June 2017 by the coalition against unfair tyres imports (‘the complainant’) on behalf of producers representing more than 45 % of the total Union production of new and retreaded tyres for buses or lorries.
2. Product under investigation
The product subject to this investigation is certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries (or ‘new and retreaded tyres’) (‘the product under investigation’).
3. Allegation of dumping
The product allegedly being dumped is the product under investigation, originating in the People's Republic of China (‘the country concerned’), currently falling within CN code(s) 4011 20 90 and 4012 12 00. These CN codes are given for information only.
The information available to the Commission contains a comparison of the normal value with the export price (at ex-works level) of the product under investigation when sold for export to the Union.
On this basis the dumping margins calculated are significant for the country concerned.
4. Allegation of injury and causation
The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.
The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the employment situation of the Union industry.
5. Procedure
Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.
The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether the dumped imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.
5.1. Investigation period and period considered
The investigation of dumping and injury will cover the period from 1 July 2016 to 30 June 2017 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2014 to the end of the investigation period (‘the period considered’).
5.2. Procedure for the determination of dumping
Exporting producers (2) of the product under investigation from the country concerned are invited to participate in the Commission investigation.
5.2.1. Investigating exporting producers
5.2.1.1.
(a) Sampling
In view of the potentially large number of exporting producers in the People's Republic of China involved in this proceeding 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, 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 information on their companies requested in Annex I to this Notice.
In order to obtain 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 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 will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.
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’). Without prejudice to section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (3).
(b) Individual dumping margin for companies not included in the sample
Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the non-market economy country who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in section 5.2.2.2 below.
However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.
5.2.2. Additional procedure with regard to exporting producers in the People's Republic of China
In accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People's Republic of China, normal value is normally determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The Commission has provisionally chosen the United States of America. According to the information available to the Commission, other market economy producers are, inter alia, Turkey, Japan and South Korea. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place. Interested parties are hereby invited to comment on the appropriateness of the choice of the analogue country within 10 days of the date of publication of this Notice in the Official Journal of the European Union.
In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (4) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.
The Commission will send MET claim forms to all the exporting producers in the People's Republic of China selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the People's Republic of China. The Commission will assess only MET claim forms submitted by the exporting producers in the People's Republic of China selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.
All exporting producers claiming MET must submit a completed MET claim form within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.
5.2.3. Investigating unrelated importers (5) (6)
Unrelated importers of the product under investigation 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 proceeding 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, 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 companies requested in Annex II 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 investigation 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 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.
5.3. Procedure for the determination of injury and investigating Union producers
A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.
In view of the large number of Union producers involved in this proceeding 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 5.7 below). Other Union producers, or representatives acting on their behalf, 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 information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association 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.
Any Union producer and association of Union producers not contacted is invited to contact the Commission, preferably by email, immediately but no later than 15 days after the publication of this Notice in the Official Journal of the European Union, unless otherwise specified, in order to make itself known and request a questionnaire.
5.4. Procedure for the assessment of Union interest
Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of 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 investigation.
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.
5.5. 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.
5.6. 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 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 the specific deadlines set by the Commission in its communication with the parties.
5.7. Instructions for making written submissions and sending completed questionnaires and correspondence
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.
All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘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 should 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 invited to make all submissions and requests by email 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 email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
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European Commission |
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Directorate-General for Trade |
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Directorate H |
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Office: CHAR 04/039 |
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1049 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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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, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer in trade proceedings. 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.
For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/
8. Schedule of the investigation
The investigation will be concluded, pursuant 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. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this Notice in the Official Journal of the European Union.
9. 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 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 (8).
(1) OJ L 176, 30.6.2016, p. 21.
(2) An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.
(3) Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.
(4) The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.
(5) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).
(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 the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/25 |
Prior notification of a concentration
(Case M.8598 — BNPP/Starwood/Hotel Portfolio)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 264/14)
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1. |
On 4 August 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings BNP Paribas Group (‘BNPP’, France) and Starwood Hotels & Resorts Worldwide, LLC (‘Starwood’, United States), belonging to Marriott International, Inc. (‘Marriott’, United States), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of two hotels in Italy (the ‘Hotel Portfolio’), by way of purchase of shares and pre-existing hotel management agreements. |
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The business activities of the undertakings concerned are: — for BNPP: banking group with domestic and international operations. Its two core businesses are: (i) Retail Banking & Services, and (ii) Corporate & Institutional Banking, — for Starwood: wholly-owned subsidiary of Marriott. Marriott is a diversified hospitality company which acts as a manager and franchisor of some 6 080 hotels and timeshare properties worldwide, — for the Hotel Portfolio: two hotels located in Italy (the Westin Palace in Milan and the Westin Europa & Regina in Venice) currently indirectly managed by Marriott. |
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3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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 this Notice. |
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4. |
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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8598 — BNPP/Starwood/Hotel Portfolio, to the following address:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.
OTHER ACTS
European Commission
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/26 |
Notice for the attention of the shipowners of the vessels CAPRICORN and Lynn S, which were added to the list referred to in point (h) of Article 1 and in Article 15 of Council Regulation (EU) 2016/44, imposing certain specific restrictive measures directed against vessels by the Sanctions Committee or the UN Security Council in accordance with paragraph 11 of United Nations Security Council Resolution (UNSCR) 2146 (2014), by virtue of Commission Implementing Regulation (EU) 2017/1423 and Commission Implementing Regulation (EU) 2017/1456
(2017/C 264/15)
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1. |
Council Decision (CFSP) 2015/1333 (1) calls upon the Member States to direct vessels, as referred to in the list drawn up in Annex V to Decision (CFSP) 2015/1333, not to load, transport, or discharge crude oil illicitly exported from Libya, to deny entry into Member States ports and prohibits the provision of certain services and certain financial transactions linked to such oil exports. |
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2. |
On 21 July 2017 and on 2 August 2017, the United Nations Security Council Sanctions Committee added respectively the vessels CAPRICORN and Lynn S to the list of vessels subject to restrictive measures. Those concerned may submit at any time a request to the United Nations Security Council Committee established pursuant to resolution 1970 (2011), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such request should be sent to the following address:
See for more information at: https://www.un.org/sc/suborg/en/sanctions/delisting |
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3. |
In order to implement the new listings, the Commission has adopted Implementing Regulation (EU) 2017/1423 (2) and Implementing Regulation (EU) 2017/1456 (3) amending Annex V to Council Regulation (EU) 2016/44 (4) accordingly. The shipowners of the vessels CAPRICORN and Lynn S may submit observations on the decision to list these vessels, together with supporting documentation, to the European Commission on the following address:
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The attention of the shipowners of the vessels CAPRICORN and Lynn S concerned is also drawn to the possibility of challenging the Implementing Regulation (EU) 2017/1423 and Implementing Regulation (EU) 2017/1456 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union. |
(1) OJ L 206, 1.8.2015, p. 34.
(2) OJ L 204, 5.8.2017, p. 80.
(3) OJ L 208, 11.8.2017, p. 31.
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11.8.2017 |
EN |
Official Journal of the European Union |
C 264/27 |
Notice for the attention of the natural persons CHOE CHUN YONG (alias Ch’oe Ch’un-yo’ng), HAN JANG SU (alias Chang-Su Han), JANG SONG CHOL, JANG SUNG NAM, JO CHOL SONG (alias Cho Ch’o’l-so’ng), KANG CHOL SU, KIM MUN CHOL (alias Kim Mun-ch’o’l), KIM NAM UNG, PAK IL KYU (alias Pak Il-Gyu), JANG BOM SU (alias Jang Pom Su, Jang Hyon U) and JON MYONG GUK (alias Cho’n Myo’ng-kuk, Jon Yong Sang), and the entities FOREIGN TRADE BANK (FTB), KOREAN NATIONAL INSURANCE COMPANY (KNIC) (alias Korea Foreign Insurance Company), KORYO CREDIT DEVELOPMENT BANK (alias Daesong Credit Development Bank; Koryo Global Credit Bank; Koryo Global Trust Bank), MANSUDAE OVERSEAS PROJECT GROUP OF COMPANIES (alias Mansudae Art Studio), who were added to the list referred to in Article 6(1) of Council Regulation (EC) No 329/2007 imposing certain specific restrictive measures directed against persons entities and bodies designated by the Sanctions Committee or the UN Security Council in accordance with paragraph 8(d) of UN Security Council Resolution 1718 (2006), and paragraph 8 of UN Security Council Resolution 2094 (2013), or whose listing was amended, by virtue of Commission Implementing Regulation (EU) 2017/1457
(2017/C 264/16)
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1. |
Council Decision (CFSP) 2016/849 (1) calls upon the Union to freeze the funds and economic resources of persons and entities, as designated by the Sanctions Committee or by the UN Security Council as being engaged in or providing support for, including through illicit means, the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means. |
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The UN Security Council adopted Resolution 2371(2017), adding the natural persons CHOE CHUN YONG (alias Ch’oe Ch’un-yo’ng), HAN JANG SU (alias Chang-Su Han), JANG SONG CHOL, JANG SUNG NAM, JO CHOL SONG (alias Cho Ch’o’l-so’ng), KANG CHOL SU, KIM MUN CHOL (alias Kim Mun-ch’o’l), KIM NAM UNG, PAK IL KYU (alias Pak Il-Gyu), and the entities FOREIGN TRADE BANK (FTB), KOREAN NATIONAL INSURANCE COMPANY (KNIC) (alias Korea Foreign Insurance Company), KORYO CREDIT DEVELOPMENT BANK (alias Daesong Credit Development Bank; Koryo Global Credit Bank; Koryo Global Trust Bank), MANSUDAE OVERSEAS PROJECT GROUP OF COMPANIES (alias Mansudae Art Studio) to the Sanctions Committee’s list. In addition, the Security Council amended the listing of the natural persons JANG BOM SU (alias Jang Pom Su, Jang Hyon U) and JON MYONG GUK (alias Cho’n Myo’ng-kuk, Jon Yong Sang). Those concerned may submit at any time a request to the United Nations Security Council Committee established pursuant to resolution 1718 (2006), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such request should be sent to the following address:
See for more information at: https://www.un.org/sc/suborg/en/sanctions/delisting |
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3. |
In order to implement the new listings, the Commission has adopted Commission Implementing Regulation (EU) 2017/1457 amending Annex IV to Council Regulation (EC) No 329/2007 (2) accordingly. The concerned individuals and entities may submit observations on the decision to list them or maintain them on the list, together with supporting documentation, to the European Commission on the following address:
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4. |
The attention of the individuals and entities concerned is also drawn to the possibility of challenging the Commission’s Implementing Regulation (EU) 2017/1457 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union. |
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5. |
Finally, the attention of the listed entities and individuals is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 329/2007, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 7 of that Regulation. |
(1) OJ L 141, 28.5.2016, p. 79.
