17.6.2004

Official Journal of the European Union

C 160/1

DECISION OF THE MANAGEMENT BOARD OF EUROPOL

of 30 April 2004

agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol

(2004/C 160/01)

THE MANAGEMENT BOARD OF EUROPOL,

Having regard to the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol (1), and in particular Article 10 thereof;

Whereas:

1.	The Council decided on 29 April 2004 to adapt the salaries and emoluments for Europol officials with 3,1 % with retroactive effect as of 1 July 2003.

The Management Board decided on 10 December 2003 to effect an increase in the amounts mentioned in Article 4 of the Appendix to the Decision of the Management Board of 16 November 1999 (2) by the same percentage and as of the same date as determined by the Council Decision of 29 April 2004 mentioned under point 1.

3.	In accordance with the same decision of the Management Board of 10 December 2003 the values thus established should be published in the Official Journal of the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

With effect from 1 July 2003:

1.	The value mentioned in the first sentence of Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by EUR 110,02.

The values in euro units of the table included in Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by the following:

8 % to amounts between EUR 110,02 and EUR 1.937,87

10 % to amounts between EUR 1.937,88 and EUR 2.669,12

12,5 % to amounts between EUR 2.669,13 and EUR 3.058,96

15 % to amounts between EUR 3.058,97 and EUR 3.473,91

17,5 % to amounts between EUR 3.473,92 and EUR 3.863,78

20 % to amounts between EUR 3.863,79 and EUR 4.241,66

22,5 % to amounts between EUR 4.241,67 and EUR 4.631,49

25 % to amounts between EUR 4.631,50 and EUR 5.009,38

27,5 % to amounts between EUR 5.009,39 and EUR 5.399,22

30 % to amounts between EUR 5.399,23 and EUR 5.777,12

32,5 % to amounts between EUR 5.777,13 and EUR 6.166,96

35 % to amounts between EUR 6.166,97 and EUR 6.545,44

40 % to amounts between EUR 6.545,45 and EUR 6.935,29

45 % to amounts above EUR 6.935,30

Article 2

This Decision shall be published in the Official Journal of the European Union.

Article 3

This Decision shall enter into force the day following that of its adoption.

Done at The Hague, 30 April 2004.

Jimmy MARTIN

Chairman of the Management Board

(1) OJ C 221, 19.7.1997, p. 2.

(2) OJ C 65, 28.2.2001, p. 8.

17.6.2004

Official Journal of the European Union

C 160/3

Euro exchange rates (1)

16 June 2004

(2004/C 160/02)

1 euro=

	Currency	Exchange rate
USD	US dollar	1,2058
JPY	Japanese yen	132,63
DKK	Danish krone	7,4335
GBP	Pound sterling	0,6594
SEK	Swedish krona	9,1458
CHF	Swiss franc	1,5239
ISK	Iceland króna	87,28
NOK	Norwegian krone	8,297
BGN	Bulgarian lev	1,9558
CYP	Cyprus pound	0,5822
CZK	Czech koruna	31,84
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	252,97
LTL	Lithuanian litas	3,4529
LVL	Latvian lats	0,6538
MTL	Maltese lira	0,4246
PLN	Polish zloty	4,5742
ROL	Romanian leu	40 793
SIT	Slovenian tolar	239,23
SKK	Slovak koruna	39,925
TRL	Turkish lira	1 804 900
AUD	Australian dollar	1,7429
CAD	Canadian dollar	1,6561
HKD	Hong Kong dollar	9,4029
NZD	New Zealand dollar	1,9084
SGD	Singapore dollar	2,0697
KRW	South Korean won	1 394,27
ZAR	South African rand	7,87

(1)

Source: reference exchange rate published by the ECB.

17.6.2004

Official Journal of the European Union

C 160/5

Notice of initiation of an anti-dumping proceeding concerning imports of certain finished polyester filament apparel fabrics originating in the People's Republic of China

(2004/C 160/04)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 (1) (‘the basic Regulation’) alleging that imports of certain finished polyester filament apparel fabrics, originating in the People's Republic of China (‘the country concerned’), are being dumped and are thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 3 May 2004 by AIUFFASS (‘the complainant’) on behalf of producers representing a major proportion of the total Community production of certain finished polyester filament apparel fabrics.

2. Product

The product allegedly being dumped is certain woven fabrics of synthetic filament yarn, namely those containing 85 % or more by weight of textured or non-textured polyester filaments, dyed or printed, normally used for apparel applications (‘certain finished polyester filament apparel fabrics’), originating in the People's Republic of China (‘the product concerned’), normally declared within CN codes 5407 52 00, 5407 54 00, 5407 61 30 and 5407 61 90 and 5407 69 90. These CN codes are only given for information.

3. Allegation of dumping

In view of the provisions of Article 2(7) of the basic Regulation, the complainant established normal value for the People's Republic of China on the basis of the export price from a market economy country, which is mentioned in paragraph 5.1(d) of this notice. The allegation of dumping is based on a comparison of normal value, thus calculated, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the product concerned from the People's Republic of China have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held, the quantities sold and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in the People's Republic of China is being dumped and whether this dumping has caused injury.

(a) Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.

(i) Sampling for exporters/producers in the People's Republic of China

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in paragraph 6(b)(i) and in the format indicated in paragraph 7 of this notice:

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

—	the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 01 April 2003 to 31 March 2004,

—	the turnover in local currency and the sales volume in tonnes for the product concerned on the domestic market during the period 01 April 2003 to 31 March 2004,

—	whether the company intends to claim an individual margin (2) (individual margins can only be claimed by producers),

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

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

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

—	an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters/producers.

(ii) Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in paragraph 6(b)(i) and in the formats indicated in paragraph 7 of this notice:

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

—	the total turnover in euro of the company during the period 01 April 2003 to 31 March 2004,

—	the total number of employees,

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

—	the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 01 April 2003 to 31 March 2004 of the imported product concerned originating in the People's Republic of China,

—	the names and the precise activities of all related companies (4) involved in the production and/or selling of the product concerned,

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

—	an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii) Sampling for Community producers

In view of the large number of Community producers supporting the complaint, the Commission intends to investigate injury to the Community industry by applying sampling.

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in paragraph 6(b)(i) of this notice:

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

—	the total turnover in euro of the company during the period 01 April 2003 to 31 March 2004,

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

—	the value in euro of sales of the product concerned made in the Community market during the period 01 April 2003 to 31 March 2004,

—	the volume in tonnes of sales of the product concerned made in the Community market during the period 01 April 2003 to 31 March 2004,

—	the volume in tonnes of the production of the product concerned during the period 01 April 2003 to 31 March 2004,

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

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

—	an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

(iv) Final selection of the samples

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

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in paragraph 6(b)(iii) of this notice and must cooperate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in paragraph 8 of this notice.

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting country concerned.

Exporters/producers in the People's Republic of China claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in paragraph 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in paragraph 6(a)(i) of this notice. However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in paragraph 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 6(a)(iii) of this notice.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it is envisaged to choose Mexico as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in paragraph 6(c) of this notice.

(e) Market economy status

For those exporters/producers in the People's Republic of China who claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims must do so within the specific time limit set in paragraph 6(d) of this notice. The Commission will send claim forms to all exporters/producers in the People's Republic of China named in the complaint and to any association of exporters/producers named in the complaint, as well as to the authorities of the People's Republic of China. The application of this paragraph is without prejudice to the possible use of sampling for exporters/producers in accordance with the provisions of Article 17 of the basic Regulation.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in paragraph 6(a)(ii) of this notice, make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 6(a)(iii) of this notice. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire or other claim forms

All interested parties should request a questionnaire or other claim form as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

(ii) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

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

(iii) Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day time limit.

(b) Specific time limit in respect of sampling

(i)

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

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

(iii)

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

Parties to the investigation may wish to comment on the appropriateness of Mexico which, as mentioned in paragraph 5.1(d) of this notice, is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

(d) Specific time limit for submission of claims for market economy status and/or individual treatment

Duly substantiated claims for market economy status (as mentioned in paragraph 5.1(e) of this notice) and/or for individual treatment pursuant to Article 9(5) of the basic Regulation, must reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

7. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party). All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (5)‘ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled 'For inspection by interested parties'.

Commission address for correspondence:

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax (+32 2) 295 65 05

Telex COMEU B 21877.

8. Non-cooperation

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

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic regulation, the result may be less favourable to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.

(1) OJ L 56, 6.3.1996, p.1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p.12).

(2) Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample, article 9(5) of the basic Regulation concerning individual treatment in cases involving non market economy countries, and article 2(7)(b) of the basic Regulation for companies claiming market economy status. Note that claims for individual treatment necessitate an application pursuant to Article 9(5) of the basic Regulation and that claims regarding market economy status necessitate an application pursuant to Article 2(7)(b) of the basic Regulation.

(3) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p.1).

(4) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p.1).

(5) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p.1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

		ISSN 1725-2423
Official Journal of the European Union		C 160

English edition	Information and Notices	Volume 47 17 June 2004

Notice No	Contents	page
	I Information
	Council
2004/C 160/1	Decision of the Management Board of Europol of 30 April 2004 agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol	1

	Commission
2004/C 160/2	Euro exchange rates	3

2004/C 160/3	Prior notification of a concentration (Case No. COMP/M.3490 - TPG Partners IV, L.P. / DLJ Merchant Banking III, Inc. / GROHE AG) — Candidate case for simplified procedure ( 1 )	4

2004/C 160/4	Notice of initiation of an anti-dumping proceeding concerning imports of certain finished polyester filament apparel fabrics originating in the People's Republic of China	5


	(1) Text with EEA relevance