14.3.2018

Official Journal of the European Union

C 96/1

Non-opposition to a notified concentration

(Case M.8814 — Melrose/GKN)

(Text with EEA relevance)

(2018/C 96/01)

On 7 March 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). 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/homepage.html?locale=en) under document number 32018M8814. EUR-Lex is the online access to European law.

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

14.3.2018

Official Journal of the European Union

C 96/2

Euro exchange rates (1)

13 March 2018

(2018/C 96/02)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,2378
JPY	Japanese yen	132,31
DKK	Danish krone	7,4486
GBP	Pound sterling	0,88650
SEK	Swedish krona	10,1568
CHF	Swiss franc	1,1690
ISK	Iceland króna	123,10
NOK	Norwegian krone	9,5808
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,471
HUF	Hungarian forint	311,91
PLN	Polish zloty	4,2119
RON	Romanian leu	4,6619
TRY	Turkish lira	4,7822
AUD	Australian dollar	1,5683
CAD	Canadian dollar	1,5890
HKD	Hong Kong dollar	9,7031
NZD	New Zealand dollar	1,6842
SGD	Singapore dollar	1,6224
KRW	South Korean won	1 316,84
ZAR	South African rand	14,5787
CNY	Chinese yuan renminbi	7,8265
HRK	Croatian kuna	7,4412
IDR	Indonesian rupiah	16 973,95
MYR	Malaysian ringgit	4,8192
PHP	Philippine peso	64,291
RUB	Russian rouble	70,3046
THB	Thai baht	38,632
BRL	Brazilian real	4,0142
MXN	Mexican peso	22,9180
INR	Indian rupee	80,2840

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

14.3.2018

Official Journal of the European Union

C 96/3

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS

Rates for conversion of currencies pursuant to Council Regulation (EEC) No 574/72

(2018/C 96/03)

Article 107(1), (2) and (4) of Regulation (EEC) No 574/72

Reference period: January 2018

Application period: April, May and June 2018

01-2018	EUR	BGN	CZK	DKK	HRK	HUF	PLN
1 EUR =	1	1,95580	25,4523	7,44545	7,43586	309,269	4,16323
1 BGN =	0,511300	1	13,0137	3,80686	3,80195	158,129	2,12866
1 CZK =	0,0392892	0,0768419	1	0,292526	0,292149	12,1509	0,163570
1 DKK =	0,134310	0,262684	3,41850	1	0,99871	41,5379	0,559164
1 HRK =	0,134483	0,263023	3,42291	1,001290	1	41,5915	0,559886
1 HUF =	0,00323343	0,00632395	0,0822983	0,024074	0,0240434	1	0,0134615
1 PLN =	0,240198	0,469779	6,11359	1,78838	1,78608	74,2857	1
1 RON =	0,215095	0,420682	5,47465	1,60148	1,59941	66,5220	0,895488
1 SEK =	0,101833	0,199165	2,59188	0,758191	0,757214	31,4937	0,423953
1 GBP =	1,13210	2,21417	28,8146	8,42903	8,4182	350,124	4,71321
1 NOK =	0,103665	0,202749	2,63852	0,771837	0,770842	32,0605	0,431583
1 ISK =	0,00797385	0,0155952	0,202952	0,0593689	0,0592924	2,46606	0,033197
1 CHF =	0,853027	1,66835	21,7115	6,35118	6,34299	263,815	3,55135

01-2018	RON	SEK	GBP	NOK	ISK	CHF
1 EUR =	4,64912	9,82002	0,883311	9,64641	125,410	1,17230
1 BGN =	2,37709	5,02097	0,451637	4,93221	64,1221	0,599394
1 CZK =	0,182660	0,385821	0,034705	0,379000	4,92726	0,0460586
1 DKK =	0,624424	1,31893	0,118638	1,29561	16,8438	0,157451
1 HRK =	0,625229	1,32063	0,1187908	1,29728	16,8656	0,157654
1 HUF =	0,0150326	0,0317524	0,00285613	0,0311911	0,405505	0,00379054
1 PLN =	1,116709	2,35875	0,212170	2,31705	30,1232	0,281583
1 RON =	1	2,11223	0,189995	2,07489	26,9750	0,252154
1 SEK =	0,473433	1	0,0899500	0,98232	12,7708	0,119378
1 GBP =	5,26328	11,1173	1	10,9207	141,977	1,32716
1 NOK =	0,481953	1,017997	0,0915689	1	13,0007	0,121527
1 ISK =	0,037071	0,078303	0,00704339	0,0769190	1	0,00934770
1 CHF =	3,96582	8,37675	0,753489	8,22865	106,978	1

Note: all cross rates involving ISK are calculated using ISK/EUR rate data from the Central Bank of Iceland

reference: Jan-18	1 EUR in national currency	1 unit of N.C. in EUR
BGN	1,95580	0,511300
CZK	25,4523	0,0392892
DKK	7,44545	0,134310
HRK	7,43586	0,134483
HUF	309,269	0,00323343
PLN	4,16323	0,240198
RON	4,64912	0,215095
SEK	9,82002	0,101833
GBP	0,883311	1,13210
NOK	9,64641	0,103665
ISK	125,410	0,00797385
CHF	1,17230	0,853027

Note: ISK/EUR rates based on data from the Central Bank of Iceland

Regulation (EEC) No 574/72 determines that the rate for the conversion into a currency of amounts denominated in another currency shall be the rate calculated by the Commission and based on the monthly average, during the reference period specified in paragraph 2, of reference rates of exchange of currencies published by the European Central Bank.

The reference period shall be:

—	the month of January for rates of conversion applicable from 1 April following,

—	the month of April for rates of conversion applicable from 1 July following,

—	the month of July for rates of conversion applicable from 1 October following,

—	the month of October for rates of conversion applicable from 1 January following.

The rates for the conversion of currencies shall be published in the second Official Journal of the European Union (C series) of the months of February, May, August and November.

14.3.2018

Official Journal of the European Union

C 96/5

Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 April 2018

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(2018/C 96/04)

Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 53, 13.2.2018, p. 3.

From	To	AT	BE	BG	CY	CZ	DE	DK	EE	EL	ES	FI	FR	HR	HU	IE	IT	LT	LU	LV	MT	NL	PL	PT	RO	SE	SI	SK	UK
1.4.2018	…	-0,18	-0,18	0,65	-0,18	0,95	-0,18	0,03	-0,18	-0,18	-0,18	-0,18	-0,18	0,40	0,09	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	1,85	-0,18	2,21	-0,42	-0,18	-0,18	0,73
1.3.2018	31.3.2018	-0,18	-0,18	0,65	-0,18	0,95	-0,18	0,02	-0,18	-0,18	-0,18	-0,18	-0,18	0,54	0,09	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	1,85	-0,18	2,21	-0,42	-0,18	-0,18	0,73
1.2.2018	28.2.2018	-0,18	-0,18	0,65	-0,18	0,75	-0,18	0,02	-0,18	-0,18	-0,18	-0,18	-0,18	0,54	0,09	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	1,85	-0,18	2,21	-0,42	-0,18	-0,18	0,73
1.1.2018	31.1.2018	-0,18	-0,18	0,65	-0,18	0,75	-0,18	0,02	-0,18	-0,18	-0,18	-0,18	-0,18	0,54	0,13	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	-0,18	1,85	-0,18	1,89	-0,42	-0,18	-0,18	0,73

14.3.2018

Official Journal of the European Union

C 96/6

Information to be provided pursuant to Article 5(2)

Establishment of a European Grouping of Territorial Cooperation (EGTC)

(Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 (OJ L 210, 31.7.2006, p. 19))

(2018/C 96/05)

I.1) Name, address and contact point

Registered name: Agrupación Europea de Cooperación Territorial InterPal-MedioTejo

Registered office:

Contact point: María de los Ángeles Armisén Pedrejón

Email: presidencia@diputaciondepalencia.es

Internet address of the grouping:

I.2) Duration of the grouping:

Duration of the grouping: undefined period

Date of registration:

Date of publication:

II. OBJECTIVES

In keeping with Article 1 of Regulation (EC) No 1082/2006, as amended by Regulation (EU) No 1302/2013, the objective of the InterPal-MedioTejo EGTC will be to facilitate and promote cross-border, transnational and interregional cooperation between its members, i.e. between the Palencia Provincial Council and the Intermunicipal Community of Medio Tejo.

b)	Members will cooperate with the sole aim of strengthening the economic, social and territorial cohesion of the Union.

The specific cooperation objectives and corresponding functions of the InterPal-MedioTejo EGTC are as follows:

P.1.

Cooperation and joint management in order to promote competitiveness and employment:

—	Stimulating the growth of the information society, in particular e-commerce, teleworking and the modernisation of public services.

—	Promoting the development of the local economies by unlocking their potential.

—	Promoting the strengthening and diversification of relations between companies and trade associations in order to explore shared business opportunities.

P.2.

Cooperation and joint management in the areas of the environment, heritage and natural risk prevention:

—	Promoting joint action to protect/preserve and enhance the environment and natural resources.

—	Contributing to strengthening local identities by promoting cultural resources (archaeology, architecture, industrial heritage, crafts, gastronomy, ethnography, etc.).

—	Encouraging the development of tourist products that draw on environmental resources and heritage, encouraging their use and enjoyment in a sustainable way in order to strengthen rural areas as quality tourist destinations.

P.3.

Cooperation and joint management to strengthen socioeconomic and institutional integration:

—	Promoting and improving the effectiveness of permanent interregional cooperation networks at local, business, social and institutional level.

—	Establishing cooperation mechanisms in the areas of social action and assistance to strengthen the degree of coverage of and attention given to vulnerable groups with a view to their social integration.

—	Fostering cooperation and the development of joint capabilities, in particular in sectors such as health, culture, tourism and education.

III. ADDITIONAL DETAILS CONCERNING THE NAME OF THE GROUPING

Name in English:

Name in French:

IV. MEMBERS

IV.1) Total number of members in the grouping: 2

IV.2) Nationalities of the members of the grouping: Spanish and Portuguese

IV.3) Member information

Official name: Diputación Provincial de Palencia

Postal address:

Internet address: https://www.diputaciondepalencia.es

Type of member: Local authority

Official name: Convento de Sao Francisco

Postal address:

Internet address: http://mediotejo.pt/index.php/cimt-sede

Type of member: Local authority

14.3.2018

Official Journal of the European Union

C 96/8

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain organic coated steel products originating in the People's Republic of China

(2018/C 96/06)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain organic coated steel products originating in the People's Republic of China (‘the country concerned’), the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) 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 (2), as amended by Regulation (EU) 2017/2321 (3) (‘the basic Regulation’).

1. Request for review

The request was lodged on 13 December 2017 by EUROFER (‘the applicant’) representing more than 70 % of the total Union production of certain organic coated steel products.

2. Product under review

The product subject to this review is certain organic coated steel products (‘OCS’), i.e. flat-rolled products of non-alloy and alloy steel (not including stainless steel) which are painted, varnished or coated with plastics on at least one side, excluding so-called ‘sandwich panels’ of a kind used for building applications and consisting of two outer metal sheets with a stabilising core of insulation material sandwiched between them, excluding those products with a final coating of zinc-dust (a zinc-rich paint, containing by weight 70 % or more of zinc), and excluding those products with a substrate with a metallic coating of chromium or tin, currently falling within CN codes ex 7210 70 80, ex 7212 40 80, ex 7225 99 00, ex 7226 99 70 (TARIC codes 7210708011, 7210708091, 7212408001, 7212408021, 7212408091, 7225990011, 7225990091, 7226997011 and 7226997091), and originating in the People's Republic of China (‘the product under review’).

3. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 214/2013 (4).

4. Grounds for the review

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

4.1. Allegation of likelihood of continuation or recurrence of dumping

The applicant claimed that it is not appropriate to use domestic prices and costs in the country concerned due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.

The information contained in the report produced by the Commission services on 20 December 2017 describing the specific market circumstances in the country concerned also tends to confirm the significant distortions alleged by the applicant. In particular, the production and sales of the product under review is potentially affected by the factors mentioned, inter alia, in chapter ‘Steel Sector’ of the report.

In addition to the report, the applicant referred to policy documents from the authorities of the country concerned and reports issued by the US Department of Commerce, the International Monetary Fund, the EU Chamber of Commerce in the country concerned, the World Trade Organisation and other bodies. The applicant also referred to the Commission's findings in the original anti-subsidy proceeding regarding the product under review (5) and in the anti-subsidy proceeding regarding hot-rolled flat steel products (6).

In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9) of the basic Regulation of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation warranting the initiation of an investigation on that basis.

As a result, in view of Article 2(6a) of the basic Regulation, the allegation of continuation or recurrence of dumping is based on a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or benchmarks in an appropriate representative country, with the export price (at ex-works level) of the product under review from the country concerned when sold for export to the Union.

On that basis the dumping margins calculated are significant for the country concerned.

4.2. Allegation of likelihood of continuation or recurrence of injury

The applicant has provided sufficient evidence showing likelihood of continuation or recurrence of injury, which is likely to be caused by an increase of dumped imports from the country concerned. In this respect, the applicant has provided evidence that, should the measures be allowed to lapse, imports of the product under review from the country concerned to the Union are likely to increase due to (i) the existence of unused capacity in the People's Republic of China, (ii) the attractiveness of the Union market in terms of volume; and (iii) the existence of trade defence measures in other third countries. In addition, in the absence of measures, Chinese export prices would be at a level low enough to injure the Union industry.

In addition, the applicant alleges that any substantial increase of imports at dumped prices from the country concerned would be likely to cause further injury to the Union industry should measures be allowed to lapse.

5. Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

5.1. Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 January 2017 to 31 December 2017 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence 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 a likelihood of continuation or recurrence of dumping

In an expiry review, the Commission examines exports that were made to the Union in the review investigation period and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the product under review in the country concerned is such that exports at dumped prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers of the product under review from the country concerned, irrespective of whether or not they exported (7) the product under review to the Union in the review investigation period, are invited to participate in the Commission investigation.

5.2.1. Investigating producers in the country concerned

In view of the potentially large number of producers in the country concerned involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the 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 producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to this review, are hereby requested to make themselves known to the Commission. Those parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to this Notice.

In order to obtain the information it deems necessary for the selection of the sample of producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of 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 producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known producers, the authorities of the country concerned and associations of producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

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

All 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 producers’).

5.2.2. Additional procedure with regard to the country concerned

In accordance with point (e) of Article 2(6a), the Commission will, shortly after initiation by means of a note to the file for inspection by interested parties, inform parties to the investigation about the relevant sources, including the selection of an appropriate representative third country where appropriate, that it intends to use for the purpose of determining normal value pursuant to Article 2(6a) of the basic Regulation. Parties to the investigation shall be given 10 days to comment from the date at which that note is added to the file for inspection by interested parties. According to the information available to the Commission, a possible representative third country is South Africa. With the aim of finally selecting the appropriate representative third country, the Commission will examine whether there is a similar level of economic development as the exporting country, whether there is production and sales of the product under review and whether relevant data are readily available. Where there is more than one such country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection.

With regard to the relevant sources, the Commission invites all producers in the country concerned to provide the information requested in Annex III to this Notice within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

In order to obtain the information it deems necessary for its investigation with regard to the alleged significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission will also send a questionnaire to the Government of the country concerned.

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation.

Unless otherwise specified, such 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.

5.2.3. Investigating unrelated importers (8) (9)

Unrelated importers of the product under review from the country concerned to the Union, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in this investigation.

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

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

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

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. Those 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 a likelihood of a continuation or recurrence of injury

In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.

5.3.1. Investigating Union producers

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.7 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

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

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

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

5.4. Procedure for the assessment of Union interest

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

Parties that make themselves known within the 15 days' 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. That 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, such 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 must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.7. 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’ (10). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

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’. Those summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

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:

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email:

For issues relating to dumping and Annex I	:	TRADE-OCS-DUMPING-1@ec.europa.eu
For other issues	:	TRADE-OCS-INJURY-1@ec.europa.eu

6. Non-cooperation

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

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

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

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 11(5) of the basic Regulation within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.

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

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

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

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

10. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (11).

(1) OJ C 187, 13.6.2017, p. 60.

(2) OJ L 176, 30.6.2016, p. 21.

(3) Regulation (EU) 2017/2321 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 338, 19.12.2017, p. 1).

(4) Council Implementing Regulation (EU) No 214/2013 of 11 March 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain organic coated steel products originating in the People's Republic of China (OJ L 73, 15.3.2013, p. 1).

(5) Council Implementing Regulation (EU) No 215/2013 of 11 March 2013 imposing a countervailing duty on imports of certain organic coated steel products originating in the People's Republic of China (OJ L 73, 15.3.2013, p. 16).

(6) Commission Implementing Regulation (EU) 2017/969 of 8 June 2017 imposing definitive countervailing duties on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2017/649 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China (OJ L 146, 9.6.2017, p. 17).

(7) An producer is any company in the country concerned which produces the product under review, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(8) Only importers not related to producers can be sampled. Importers that are related to 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 (OJ L 343, 29.12.2015, p. 558), 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. 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 of 9 October 2013 laying down the Union Customs Code acts (OJ L 269, 10.10.2013, p. 1), ‘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.

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

(10) 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 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

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

ANNEX I

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN ORGANIC COATED STEEL PRODUCTS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA

This form is designed to assist producers in the People’s Republic of China in responding to the request for sampling information made in point 5.2.1 of the Notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER, SALES VOLUME, PRODUCTION AND PRODUCTION CAPACITY

For the review investigation period as defined in Section 5.1 of the Notice of initiation, indicate the production, production capacity, turnover in the accounting currency of the company (export sales to the Union for each of the 28 Member States (2) separately and in total, export sales to the rest of the world (total and the 5 biggest importing countries) and domestic sales) and the corresponding weight or volume of the product under review as defined in the Notice of initiation and originating in the country concerned. State the weight in tonnes and the currency used.

Table I

Turnover and sales volume

Tonnes

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under review, manufactured by your company

Total:

Name each Member State (1):

Export sales of the product under review, manufactured by your company to the rest of the world

Total:

Name the 5 biggest importing countries and give the respective volumes and values (1)

(1) This 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 of 30 May 2001 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 19 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 (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.

Text of image

Tonnes

Value in accounting currency

Specify the currency used

Domestic sales of the product under review, manufactured by your company

(1) add additional rows where necessary.

Table II

Production and production capacity

Tonnes

Your company’s overall production of the product under review

Your company’s production capacity of the product under review

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) 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 (OJ L 343, 29.12.2015, p. 558), two persons shall be deemed to be related if one of the following conditions is fulfilled: (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 or 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. 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 of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1), ‘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.

ANNEX II

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN ORGANIC COATED STEEL PRODUCTS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.2.3 of the Notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER AND SALES VOLUME

For the review investigation period as defined in Section 5.1 of the Notice of initiation, indicate the total turnover in euros (EUR) of the company, and the turnover and weight or volume for imports into the Union (2) and resales on the Union market after importation from the People’s Republic of China and the corresponding weight or volume of the product under review as defined in the Notice of initiation and originating in the country concerned. State the weight in tonnes.

Tonnes

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under review into the Union

Resales on the Union market after importation from the People’s Republic of China of the product under review

Text of image

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

ANNEX III

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN ORGANIC COATED STEEL PRODUCTS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION REQUEST REGARDING THE INPUTS USED BY PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA

This form is designed to assist producers in the People’s Republic of China in responding to the request for input information made in point 5.2.2 of the notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the notice of initiation.

The requested information should be sent back to the Commission at the address specified in the notice of initiation within 15 days from the date of this note to the file.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. INFORMATION ON THE INPUTS USED BY YOUR COMPANY AND RELATED COMPANIES

Please provide a short description of the production process(es) of the product under review.

Please list all materials (raw and processed) and energy used in the production of the product under review as well as all by-products and waste that are sold or (re)introduced in the production process of the product under review. Where appropriate, provide the corresponding Harmonised System (HS) classification code (2) for each of the items inserted in the below tables. Please fill in a separate Annex for each of the related companies that produce the product under review in case the production process differs.

Raw Materials/energy

HS Code

(Add additional rows where necessary)

(2) The Harmonised Commodity Description and Coding System generally referred to as ‘Harmonised System’ or simply ‘HS’ is a multipurpose international product nomenclature developed by the World Customs Organisation (WCO).

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14.3.2018

Official Journal of the European Union

C 96/21

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain organic coated steel products originating in the People's Republic of China

(2018/C 96/07)

Following the publication of a Notice of impending expiry (1) of the countervailing measures in force on the imports of certain organic coated steel products originating in the People's Republic of China (‘the country concerned’), the European Commission (‘the Commission’) has received a request for review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2), as amended by Regulation (EU) 2017/2321 (3) (‘the basic Regulation’).

1. Request for review

The request was lodged on 13 December 2017 by EUROFER (‘the applicant’) representing more than 70 % of the total Union production of certain organic coated steel products.

2. Product under review

3. Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Implementing Regulation (EU) No 215/2013 (4).

4. Grounds for the review

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

4.1. Allegation of likelihood of continuation or recurrence of subsidisation

The applicant has provided sufficient evidence that the producers of the product under review in the country concerned have benefitted and are likely to continue to benefit from a number of subsidies granted by the Government of the country concerned and from regional and local governments in that country.

The subsidy practices consist, inter alia, of (1) direct transfer of funds and potential direct transfers of funds or liabilities, for example various grants, preferential loans, directed credits and debt for equity swaps by state-owned banks, export credits and export guarantees and insurances; (2) government revenue forgone or not collected, for example income tax reductions and exemptions, import tariff rebates and VAT exemptions and rebates; (3) government provision of goods or services other than general infrastructure, for example government provision of land, power, water and inputs for production of the product under review; and (4) payments to a funding mechanism or entrustment or direction of a private body to carry out one or more of the functions described in (1), (2) and (3), for example provision of preferential loans and debt for equity swaps by private banks and provision of goods and services (power, water, inputs) for less than adequate remuneration by private companies which, according to the request, are required to follow government policies and act in the same way as state-owned banks or state-owned enterprises. Some of the alleged subsidy practices were already countervailed in the original investigation (see Section 3 above) while some others are new or related subsidies which were not examined in the original investigation.

The applicant alleges that the measures described are subsidies since they involve a financial contribution from the Government of the country concerned or regional and local governments in that country and confer a benefit to producers of the product under review. Those subsidies are alleged to be specific to an enterprise or industry or group of enterprises or industries or contingent upon export performance and therefore countervailable.

In view of Article 18(2) of the basic Regulation, the Commission prepared a memorandum on sufficiency of evidence containing the Commission's assessment on all the evidence at its disposal and on the basis of which the Commission initiates this investigation. That memorandum can be found in the file for inspection by interested parties.

The Commission reserves the right to investigate other relevant subsidy practices which may be revealed during the course of the investigation.

4.2. Allegation of likelihood of continuation or recurrence of injury

The applicant alleges that the Union industry has not yet fully recovered and remains vulnerable to continuation of injury should the measures be allowed to lapse. Moreover, the applicant has provided sufficient evidence showing likelihood of recurrence of injury, which is likely to be caused by an increase of subsidised imports from the country concerned. In this respect, the applicant has provided evidence that, should the measures be allowed to lapse, imports of the product under review from the country concerned to the Union are likely to increase due to (i) the existence of unused capacity in that country, (ii) the attractiveness of the Union market -in terms of volume and (iii) the existence of trade defence measures in other third countries. In addition, in the absence of measures, Chinese export prices would be at a level low enough to injure the Union industry.

5. Procedure

Having determined, after consulting the Committee established by Article 15(1) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (5), as amended by Regulation (EU) 2017/2321, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 18 of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of subsidisation of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

The Government of the country concerned has been invited for consultations in accordance with Article 10(7) of the basic Regulation.

5.1. Review investigation period and period considered

The investigation of a continuation or recurrence of subsidisation will cover the period from 1 January 2017 to 31 December 2017 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2014 to the end of the review investigation period (‘the period considered’).

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

In an expiry review, the Commission examines exports that were made to the Union in the review investigation period and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the product under review in the country concerned is such that exports at subsidised prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers of the product under review from the country concerned, irrespective of whether or not they exported (6) the product under review to the Union in the review investigation period, are invited to participate in the Commission investigation.

5.2.1. Investigating producers in the country concerned

All 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 28 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 producers’).

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

5.3.1. Investigating Union producers

In view of the large number of Union producers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample. The sampling is carried out in accordance with Article 27 of the basic Regulation.

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

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

5.4. Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of subsidisation and injury be confirmed, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether maintaining the countervailing measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.

Parties that make themselves known within the 15 days 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. That 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 31 will only be taken into account if supported by factual evidence at the time of submission.

5.4.1. Investigating unrelated importers (7) (8)

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

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, such 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

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’ (9). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. Those summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of large 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:

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Emails:

For issues relating to subsidy and Annex I	:	TRADE-OCS-SUBSIDY@ec.europa.eu
For other issues	:	TRADE-OCS-INJURY-1@ec.europa.eu

6. Non-cooperation

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 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

7. Hearing Officer

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of subsidisation and injury and Union interest.

8. Schedule of the investigation

The investigation will be concluded, pursuant to Article 22(1) of the basic Regulation within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.

9. Possibility to request a review under Article 19 of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 18 of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 22(3) of the basic Regulation.

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

10. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council 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 (10).

(1) OJ C 188, 14.6.2017, p. 20.

(2) OJ L 176, 30.6.2016, p. 55.

(4) Council Implementing Regulation (EU) No 215/2013 of 11 March 2013 imposing a countervailing duty on imports of certain organic coated steel products originating in the People's Republic of China (OJ L 73, 15.3.2013, p. 16).

(5) 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 (OJ L 176, 30.6.2016, p. 21).

(6) An exporting producer is any company in the country concerned which produces and exports the product under review to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(7) 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. For the definition of a related party see footnote 3 in Annex II to this Notice.

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

(9) A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Regulation (EU) 2016/1037 of 8 June 2016 (OJ L 176, 30.6.2016, p. 55) and Article 12.4 of the WTO Agreement on Subsidies and Countervailable Measures (SCM 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).

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

ANNEX I

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-SUBSIDY PROCEEDING CONCERNING IMPORTS OF CERTAIN ORGANIC COATED STEEL PRODUCTS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA

This form is designed to assist producers in the People’s Republic of China in responding to the request for sampling information made in point 5.2.1 of the Notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Website

2. TURNOVER, SALES VOLUME, PRODUCTION AND PRODUCTION CAPACITY

Indicate the turnover in the accounting currency of the company during the review investigation period, i.e. from 1 January 2017 to 31 December 2017 (export sales to the Union for each of the 28 Member States (2) separately and in total and domestic sales) of the product under review as defined in the Notice of initiation and the corresponding weight. State the currency used.

Table I

Turnover, sales volume

Tonnes

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under review, manufactured by your company

Total:

Name each Member State (*):

Export sales of the product under review, manufactured by your company to the rest of the world

Total:

Name the 5 biggest importing countries and give the respective volumes and values (*)

(1) This document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of Council Regulation (EU) 2016/1037 of 8 June 2016 (OJ L 176, 30.6.2016, p. 55) and Article 12.4 of the WTO Agreement on Subsidies and Countervailable Measures (SCM Agreement).

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Croatia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the United Kingdom.

Text of image

Tonnes

Value in accounting currency

Specify the currency used

Domestic sales of the product under review, manufactured by your company

(*) Add additional rows where necessary.

Table II

Production and production capacity during the review investigation period, i.e. from 1 January 2017 to 31 December 2017

Tonnes

Your company’s overall production of the product under review

Your company’s production capacity of the product under review

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (3)

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide the Commission with the company’s annual report and/or annual accounts for 2017.

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating producers are based on facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(3) 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).

ANNEX II

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-SUBSIDY PROCEEDING CONCERNING IMPORTS OF CERTAIN ORGANIC COATED STEEL PRODUCTS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.4.1 of the Notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Website

2. TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, and the turnover and weight for imports into the Union (2) and resales on the Union market after importation from the People’s Republic of China, during the review investigation period, i.e. from 1 January 2017 to 31 December 2017, of the product under review and the corresponding weight.

Tonnes

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under review into the Union

Resales on the Union market after importation from the People’s Republic of China of the product under review

Text of image

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (3)

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

14.3.2018

Official Journal of the European Union

C 96/31

Prior notification of a concentration

(Case M.8765 — Lenovo/Fujitsu/FCCL)

(Text with EEA relevance)

(2018/C 96/08)

On 7 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Lenovo Group Limited (‘Lenovo’, People’s Republic of China),

—	Fujitsu Limited (‘Fujitsu’, Japan), and

—	Fujitsu Client Computing Limited (‘FCCL’, Japan), a newly created joint venture between Lenovo and Fujitsu.

The Transaction consists in the establishment of a joint venture, FCCL, between Lenovo and Fujitsu, through Lenovo acquiring a majority stake in certain assets relating to Fujitsu's personal computer business.

The business activities of the undertakings concerned are:

— for Lenovo: multinational computer technology group that develops, manufactures and markets desktops and notebook, workstations, servers, storage drives, and IT management software. Lenovo also manufactures smart mobile devices, and offers IT services,

— for Fujitsu: information and communication technology company offering a wide range of technology products, solutions and services. Among others, Fujitsu is active in the design, manufacturing, and marketing of desktops, notebooks, and tablets,

— for FCCL: the JV will comprise most of Fujitsu’s personal computer business, notably its desktops, notebooks and tablets, as well as various accessories and peripherals, including R&D functions. The JV will, however, not include the following functions of Fujitsu’s personal computer business which will be retained by Fujitsu: (i) the manufacturing of desktops and certain tablets; and (ii) sales and post-sales support/maintenance for non-consumer customers.

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.

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. The following reference should always be specified:

M.8765 — Lenovo/Fujitsu/FCCL

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

E-mail:

COMP-MERGER-REGISTRY@ec.europa.eu

Fax

+32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

14.3.2018

Official Journal of the European Union

C 96/33

Prior notification of a concentration

(Case M.8840 — Apollo/JSW/Monnet)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 96/09)

On 2 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	AION Investments Private II Limited, controlled by investment funds managed by affiliates of Apollo Capital Management, L.P. (‘Apollo’) (United States),

—	JSW Steel Limited (‘JSW’) (India),

—	Monnet Ispat and Energy Limited (‘Monnet’) (India).

Apollo and JSW acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Monnet.

The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are:

— for Apollo: affiliates of Apollo invest in companies and debt issued by companies in various businesses throughout the world. Examples of current investments include, inter alia, companies in the chemical, cruise line, hospital, security, financial services and glass packaging businesses.

— for JSW: JSW is an Indian-based company engaged in the manufacture and sale of iron and steel products in India and abroad. In India, JSW’s plants are located across Karnataka, Tamil Nadu and Maharashtra. Outside of India, JSW owns a plate and pipe mill in the United States, and mining assets in the United States and elsewhere.

— for Monnet: Monnet is an Indian-based company engaged in the manufacture and sale of primary steel and sponge iron, steel and ferro alloys. Monnet is also active in the mining of minerals like coal and iron ore in India.

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 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. The following reference should always be specified:

M.8840 — Apollo/JSW/Monnet

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.

14.3.2018

Official Journal of the European Union

C 96/34

Prior notification of a concentration

(Case M.8851 — BASF/Bayer Divestment Business)

(Text with EEA relevance)

(2018/C 96/10)

On 7 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	BASF SE (‘BASF’, Germany),

—	Bayer Aktiengesellschaft (‘Bayer’, Germany).

BASF acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of Bayer and Monsanto (the ‘Divestment Business’).

The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are:

— for BASF: agricultural solutions, primarily active in the crop protection sector, (fungicides, insecticides and herbicides that can be used to protect a variety of crops (e.g. cereals, corn, oilseed rape (OSR), rice)), the supply of seed treatment products (mainly fungicide-based) and global trait discovery and licensing activities. Other activities of BASF not affected by this transaction include chemicals (e.g. petrochemicals and intermediates), performance products (e.g. dispersion and pigments), functional materials and solutions (e.g. construction chemicals and coatings), and oil & gas,

— for the Divestment Business: part of Bayer’s Crop Science division, which includes, inter alia, its portfolio of crop protection products (insecticides, fungicides and herbicides), seeds and traits, and environmental science products and services, Bayer’s global vegetable seeds business, and Monsanto’s global NemaStrike nematicides business.

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.

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. The following reference should always be specified:

M.8851 — BASF/Bayer Divestment Business

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

14.3.2018

Official Journal of the European Union

C 96/35

Prior notification of a concentration

(Case M.8830 — Strategic Value Partners/Vita Group)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 96/11)

On 7 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	Strategic Value Partners, LLC (United States),

—	Vita Group (United Kingdom), ultimately controlled by TPG Capital (United States)

Strategic Value Partners, LLC acquires through its subsidiary Sunshine Bidco Limited within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Vita Cayman Limited, the ultimate holding company of the Vita Group.

The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are:

—	Strategic Value Partners, LLC is a privately owned investment firm that manages hedge funds and private equity funds and invests in public and private equity markets, debt markets and other alternative investment markets worldwide.

—	The Vita Group is a pan-European manufacturer and supplier of polyurethane foam, including production of foam and conversion of foam.

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 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. The following reference should always be specified:

M.8830 — Strategic Value Partners/Vita Group

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.

14.3.2018

Official Journal of the European Union

C 96/36

Prior notification of a concentration

(Case M.8780 — PPF Group/Škoda Transportation/VUKV/JK/Satacoto/Škoda Investment/Bammer Trade)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 96/12)

On 6 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	PPF Group N.V. (‘PPF’) (The Netherlands),

—	Škoda Transportation a.s. (‘Škoda Transportation’) (The Czech Republic),

—	VUKV a.s. (‘VUKV’) (The Czech Republic),

—	Jokiaura Kakkonen (‘JK’) (Finland),

—	Satacoto Ltd. (‘Satacoto’) (Cyprus),

—	Škoda Investment a.s. (‘Škoda Investment’) (The Czech Republic),

—	Bammer Trade a.s. (‘Bammer Trade’) (The Czech Republic).

PPF acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control over the whole of Škoda Transportation, VUKV, JK, Satacoto, Škoda Investment and Bammer Trade.

The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are:

—	PPF is a multinational finance and investment group focusing on financial services, consumer finance, telecommunications, biotechnologies, retail services, real estate and agriculture,

—	Škoda Transportation is a Czech transportation company engaged in the production, development, assembly, reconstruction and repair of railway and subway vehicles, trams, trolleybuses, and electric buses and related services,

—	VUKV is involved in the development, research and testing of rail vehicles, their parts and related services,

—	JK is involved in the renting of production facilities,

—	Satacoto is a holding company which is active, via its subsidiary, in the production of electric motors and generators, and the renting of real estate,

—	Škoda Investment is involved in the renting of property and the granting of licences for the ŠKODA trademark and is active, via its subsidiaries, in PV power generation, IT and telecommunications technology,

—	Bammer Trade is involved in the repair of public transportation vehicles.

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.

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. The following reference should always be specified:

M.8780 — PPF Group/Škoda Transportation/VUKV/JK/Satacoto/Škoda Investment/Bammer Trade

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email:

COMP-MERGER-REGISTRY@ec.europa.eu

Fax

+32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2) OJ C 366, 14.12.2013, p. 5.

14.3.2018

Official Journal of the European Union

C 96/38

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2018/C 96/13)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

‘BAYRISCH BLOCKMALZ’/‘BAYRISCHER BLOCKMALZ’/‘ECHT BAYRISCH BLOCKMALZ’/‘AECHT BAYRISCHER BLOCKMALZ’

EU No: DE-PGI-0005-01354 — 22.7.2015

PDO ( ) PGI ( X )

1. Name(s)

‘Bayrisch Blockmalz’/‘Bayrischer Blockmalz’/‘Echt Bayrisch Blockmalz’/‘Aecht Bayrischer Blockmalz’

2. Member State or Third Country

Germany

3. Description of the agricultural product or foodstuff

3.1. Type of product

Class 2.3. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

3.2. Description of product to which the name in (1) applies

(Hereinafter ‘Bayrisch Blockmalz’ means all variants of the name covered by this application).

‘Bayrisch Blockmalz’ is a hard-boiled sweet or candy, with a malty flavour produced by malt extract. These dark brown sweets weigh between 3 g and 9 g and, due to the way they are produced, have an irregular, more-or-less cube-like although also rounded shape. The sugar/syrup composition of ‘Bayrisch Blockmalz’ contains sugar caramel from various types of sugar and at least 5 % malt extract or 4 % dried malt extract.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

The ingredients are sugar, caramelised sugar syrup, malt extract and/or dried malt extract.

3.4. Specific steps in production that must take place in the defined geographical area

All production steps take place in the identified geographical area, from the cooking of the sweet (i.e. the mixing of ingredients until the semi-finished product) until the machine-assisted cutting of the large-sized semi-finished product to form the product as it is known by its name, i.e. the ready-to-eat sweet.

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—

3.6. Specific rules concerning labelling of the product the registered name refers to

—

4. Concise definition of the geographical area

German federal state of Bavaria.

5. Link with the geographical area

Specificity of the geographical area:

In 1899, a chemist opened a pharmacy in Nuremberg, which grew into a wholesale firm within a few years. The product was developed by the chemist, who was later appointed a medical officer. A series of old labels from 1939 to 1952 and price lists and offers dating back to 1932 are evidence of the history and tradition of this product in Bavaria. Today, Bavaria is still home to the largest producers of Blockmalz. Bavarian producers have a long tradition and expert understanding of producing ‘Bayrisch Blockmalz’.

Specificity of the product:

The seal of quality awarded to the product by the German Central Association of Homeopathic Physicians (Deutscher Zentralverein Homöopathischer Ärzte e.V.) on account of its natural, soft character is proof of the high regard in which the product is held, although this seal is no longer advertised. Today, a significant amount of ‘Bayrisch Blockmalz’ is still sold in pharmacies and drug stores. The sweet is also much loved due to the sweet malty flavour produced by its ingredients. ‘Bayrisch Blockmalz’ is very well known and highly regarded by consumers.

Causal link:

The product’s reputation is also based on its origin. Its production, which began in Bavaria in 1899 and has continued ever since, established a tradition which has created a reputation for the product based on its origin. This special reputation based on the origin of the product is demonstrated by the fact that the largest manufacturer also highlights the Bavarian origin of Blockmalz on the packaging of the final product by using a white/blue lozenge pattern and stylised mountain silhouette motif, conveying on the products themselves the locally-based reputation. The origin-based reputation of the product is also demonstrated by the fact that its name is listed as one of the prominent Bavarian geographical product names in the internet database of typical Bavarian foods (www.food-from-bavaria.de). The tourist website www.munich-greeter.de also states that ‘Bayrisch Blockmalz’ is a truly Bavarian hard candy that all children in Munich typically receive as a gift from their grandmothers and great-grandmothers.

The product’s link to Bavaria was also confirmed in a survey carried out in 2009 by the Association of Bavarian Chambers of Commerce and Industry (Bayerischer Industrie- und Handelskammertag e.V.), with the majority of the companies involved affirming the special link between the product bearing the protected name and its area of production.

Further proof that the product is firmly established in Bavaria came in 2013 when the State capital of Munich granted permission for the ‘Bayrisch Blockmalz’ product, together with mini-dictionaries, to be sold in the ‘Hackerbräu-Festhalle’ beer tent at the Munich Oktoberfest. The fact that the State capital and tent operators agreed to this is an indication that the products are as firmly established in Bavarian tradition as the Oktoberfest itself.

The reputation of the product is demonstrated by the fact that packaging of ‘Bayrisch Blockmalz’ has been included in museum exhibitions. The inventory of the Domäne Dahlem foundation includes a sweet tin for ‘Echt Holberger’s Bayrischer Blockmalz-Zucker’ which the inventory states was produced in Munich in the 1950s and which shows the product alongside the silhouette of a typical snow-capped Bavarian village.

Proof of the link between the reputation and the regional origin of the product is also demonstrated by the fact that ‘Bayrisch Blockmalz’ is referred to as a prominent German regional speciality in the German foreign language textbook ‘em — neu — Deutsch als Fremdsprache — Niveaustufe B1+’, published in 2008. Evidence of the link between the product’s reputation and Bavaria can also be found in a film project produced by a Berlin-based agency, in which children are filmed trying different types of ‘exotic’ food. In one of the films, children from Berlin are presented with ‘dishes from Bavaria’. The agency deliberately chose dishes which, in the eyes of Bavarians and the rest of Germany, most embody Bavaria’s culinary identity. The dishes presented include ‘Obazda auf Brot’ and finally, as a dessert, ‘Bayrisch Blockmalz’. This indicates the reputation which ‘Bayrisch Blockmalz’ enjoys, bearing in mind that the product’s inclusion in the film as a typical example from Bavaria only makes sense based on it having a reputation and being known. At the same time, this also demonstrates that the reputation is linked to the origin of the product, as it would not have been chosen to exemplify Bavaria’s culinary identity if such a link did not exist.

Reference to publication of the product specification

(Article 6(1), second subparagraph, of the Regulation)

https://register.dpma.de/DPMAregister/blattdownload/marken/2018/6/Teil-7/20180209

(1) OJ L 343, 14.12.2012, p. 1.

		ISSN 1977-091X
Official Journal of the European Union		C 96

English edition	Information and Notices	Volume 61 14 March 2018

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2018/C 96/01	Non-opposition to a notified concentration (Case M.8814 — Melrose/GKN) ( 1 )	1

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2018/C 96/02	Euro exchange rates	2
2018/C 96/03	Administrative Commission of the European Communities on social security for migrant workers — Rates for conversion of currencies pursuant to Council Regulation (EEC) No 574/72	3
2018/C 96/04	Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 April 2018(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))	5
	NOTICES FROM MEMBER STATES
2018/C 96/05	Information to be provided pursuant to Article 5(2) — Establishment of a European Grouping of Territorial Cooperation (EGTC) (Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 ( OJ L 210, 31.7.2006, p. 19 ))	6

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2018/C 96/06	Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain organic coated steel products originating in the People's Republic of China	8
2018/C 96/07	Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain organic coated steel products originating in the People's Republic of China	21
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2018/C 96/08	Prior notification of a concentration (Case M.8765 — Lenovo/Fujitsu/FCCL) ( 1 )	31
2018/C 96/09	Prior notification of a concentration (Case M.8840 — Apollo/JSW/Monnet) — Candidate case for simplified procedure ( 1 )	33
2018/C 96/10	Prior notification of a concentration (Case M.8851 — BASF/Bayer Divestment Business) ( 1 )	34
2018/C 96/11	Prior notification of a concentration (Case M.8830 — Strategic Value Partners/Vita Group) — Candidate case for simplified procedure ( 1 )	35
2018/C 96/12	Prior notification of a concentration (Case M.8780 — PPF Group/Škoda Transportation/VUKV/JK/Satacoto/Škoda Investment/Bammer Trade) — Candidate case for simplified procedure ( 1 )	36
	OTHER ACTS
	European Commission
2018/C 96/13	Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	38