30.6.2010

Official Journal of the European Union

C 171/1

Non-opposition to a notified concentration

(Case COMP/M.5805 — 3i/Vedici Groupe)

(Text with EEA relevance)

2010/C 171/01

On 21 May 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5805. EUR-Lex is the on-line access to the European law.

30.6.2010

Official Journal of the European Union

C 171/1

Non-opposition to a notified concentration

(Case COMP/M.5793 — Dalkia CZ/NWR Energy)

(Text with EEA relevance)

2010/C 171/02

On 12 May 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5793. EUR-Lex is the on-line access to the European law.

30.6.2010

Official Journal of the European Union

C 171/2

Non-opposition to a notified concentration

(Case COMP/M.5802 — RWE Energy/Mitgas)

(Text with EEA relevance)

2010/C 171/03

On 17 June 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5802. EUR-Lex is the on-line access to the European law.

30.6.2010

Official Journal of the European Union

C 171/2

Non-opposition to a notified concentration

(Case COMP/M.5871 — KKR/Triton/Ambea)

(Text with EEA relevance)

2010/C 171/04

On 25 June 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5871. EUR-Lex is the on-line access to the European law.

30.6.2010

Official Journal of the European Union

C 171/3

COUNCIL DECISION

of 24 June 2010

appointing half of the members of the Management Board of the European Food Safety Authority

2010/C 171/05

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 25(1) thereof,

Having regard to the list of candidates submitted to the Council by the European Commission,

Having regard to the views expressed by the European Parliament,

Whereas:

(1)	It is vital to ensure the independence, high scientific quality, transparency and efficiency of the European Food Safety Authority (hereinafter referred to as ‘EFSA’). Cooperation with Member States is also indispensable.

(2)	Half of the members of the Management Board of the Authority will finish their term of office on 30 June 2010.

(3)

Candidatures have been examined with a view to appointing seven new members of the Management Board on the basis of the documentation provided by the Commission and in the light of the views expressed by the European Parliament. The aim is to secure the highest standard of competence, a broad range of relevant expertise, for instance in management and in public administration, and the broadest possible geographic distribution within the Union.

(4)	Three of the current EFSA Management Board members have a background in organisations representing consumers and other interests in the food chain, therefore, at least one of the new members of the EFSA Management Board should still have such a background,

HAS ADOPTED THIS DECISION:

Article 1

The following shall be appointed as members of the Management Board of the European Food Safety Authority for the period from 1 July 2010 to 30 June 2014:

Diána Bánáti (2)

Manuel Barreto Dias

Marianne Elvander (2)

Milan Kováč

Stella Michaelidou-Canna

Jan Mousing

Pieter Vanthemsche (3)

Article 2

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

Done at Luxembourg, 24 June 2010.

For the Council

The President

J. BLANCO LÓPEZ

(1) OJ L 31, 1.2.2002, p. 1.

(2) Current member of the EFSA Management Board.

(3) Background in organisations representing other interests in the food chain.

30.6.2010

Official Journal of the European Union

C 171/5

Euro exchange rates (1)

29 June 2010

2010/C 171/06

1 euro =

	Currency	Exchange rate
USD	US dollar	1,2198
JPY	Japanese yen	108,31
DKK	Danish krone	7,4486
GBP	Pound sterling	0,81040
SEK	Swedish krona	9,5241
CHF	Swiss franc	1,3258
ISK	Iceland króna
NOK	Norwegian krone	7,9085
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,753
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	286,76
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,7093
PLN	Polish zloty	4,1603
RON	Romanian leu	4,3738
TRY	Turkish lira	1,9303
AUD	Australian dollar	1,4250
CAD	Canadian dollar	1,2812
HKD	Hong Kong dollar	9,4958
NZD	New Zealand dollar	1,7579
SGD	Singapore dollar	1,7075
KRW	South Korean won	1 484,96
ZAR	South African rand	9,3180
CNY	Chinese yuan renminbi	8,2918
HRK	Croatian kuna	7,1973
IDR	Indonesian rupiah	11 052,67
MYR	Malaysian ringgit	3,9692
PHP	Philippine peso	56,609
RUB	Russian rouble	38,1300
THB	Thai baht	39,564
BRL	Brazilian real	2,1946
MXN	Mexican peso	15,6591
INR	Indian rupee	56,7020

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

30.6.2010

Official Journal of the European Union

C 171/6

Notice of initiation of a safeguard investigation under Council Regulations (EC) No 260/2009 and (EC) No 625/2009 concerning imports of wireless wide area networking (WWAN) modems

2010/C 171/07

The Commission has received a request from the Belgian Government pursuant to Article 2 of Council Regulations (EC) No 260/2009 (1) and (EC) No 625/2009 (2) (the Safeguard Regulations).

The request concerns wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers).

The Commission has analysed whether the conditions for opening investigations under Regulations (EC) No 260/2009 and (EC) No 625/2009 are fulfilled.

1. Request

In its request, Belgium has informed the Commission that trends in imports of WWAN modems appear to call for safeguard measures, and has provided the evidence available, as determined on the basis of the criteria laid down in Article 10 of Regulation (EC) No 260/2009 and Article 8 of Regulation (EC) No 625/2009.

2. Product concerned

The product in question is wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers) (the product concerned).

The product concerned is currently falling within CN codes ex 8517 62 00 and ex 8471 80 00. These CN codes are given for information only.

3. Increase in imports and injury

According to the complaint, there is one single Union producer of the like or directly competitive product which is located in Belgium with some production in other Union Member States.

Belgium has provided evidence that imports into the Union of the product concerned are increasing rapidly both in absolute terms, and relative to Union production and consumption, and, in particular, that imports have increased by more than 4 100 percentage points from 2006 to 2009.

It is alleged that the volumes and conditions of the imports concerned have, among other consequences, had a negative impact on the prices of like or directly competitive products in the Union, and on the market share held, the quantities sold and the level of prices charged by the Union producers (3), resulting in serious injury to the Union producers.

4. Procedure

Following the provisions of Article 6 of Regulation (EC) No 260/2009 and Article 5 of Regulation (EC) No 625/2009, the Commission has consulted the Advisory Committees established under Article 4 of Regulations (EC) No 260/2009 and (EC) No 625/2009 respectively. Following that consultation, it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation, and the Commission hereby initiates an investigation pursuant to Article 6 of Regulation (EC) No 260/2009 and Article 5 of Regulation (EC) No 625/2009.

4.1. Scope of the investigation

The investigation will determine whether safeguard measures are justified under Regulations (EC) No 260/2009 and (EC) No 625/2009. Specifically, the investigation will determine whether, as a result of unforeseen developments, the product concerned is imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious injury to the Union producers.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known producers of the like or directly competitive products in the Union; to the known exporters/producers and importers of the product concerned; to any known association of exporters/producers and importers of the product concerned.

In any event, all parties should contact the Commission forthwith by fax, but not later than the time limit set out in paragraph 5(a) of this notice, and, if necessary, request a questionnaire.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in paragraph 5(b) of this notice.

Furthermore, the Commission will hear interested parties, provided that they make a request showing that they are actually likely to be affected by the result of the investigation and that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 5(c) of this notice.

4.2. Procedure for the assessment of Union interest

In the event that it is determined that the product concerned is imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious injury to the Community producers as to justify the taking of safeguard measures, a decision as to whether the Union interest calls for intervention shall be made based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers.

In order to provide a sound basis on which the Commission can take account of all views and information in the decision as to whether or not the imposition of measures is in the Union interest, the Union producers, 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 time limits set in paragraph 5(c) of this notice, make themselves known and provide the Commission with information. Those parties who have made themselves known within the time limit may also request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 5(c) of this notice. It should be noted that any information submitted will only be taken into account if supported by actual evidence at the time of submission.

5. Time limits

(a) Questionnaires

Interested parties willing to receive a questionnaire should request it as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

(b) 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, presenting their views and submitting questionnaire replies or any other information within 21 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 Regulation (EC) No 260/2009, and Regulation (EC) No 625/2009 depends on parties making themselves known within the aforementioned period.

Pursuant to Article 6(4) of Regulation (EC) No 260/2009 and Article 5(4) of Regulation (EC) No 625/2009, all interested parties may also apply to be heard by the Commission within 21 days of the publication of this notice in the Official Journal of the European Union.

6. Written submissions, questionnaire replies and correspondence

All relevant information is to be communicated to the Commission. 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.

The Commission address for correspondence is:

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGÏE

Fax +32 22956505

7. Non-cooperation

When information is not supplied within the time limits or the investigation is significantly impeded, findings, affirmative or negative, may be made 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.

8. Hearing Officer

Interested parties may request the intervention of the Hearing Officer of the Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on 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 the Directorate-General for Trade's website

(http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).

9. Schedule of the investigation

In accordance with Article 7 of Regulation (EC) No 260/2009 and Article 6 of Regulation (EC) No 625/2009 the investigation shall, if possible, be concluded within nine months of the date of the publication of this notice in the Official Journal of the European Union.

In exceptional circumstances the investigation may be extended by a further maximum period of two months. If the time limit is extended, the Commission will publish a notice in the Official Journal of the European Union setting forth the duration of the extension and a summary of the reasons therefore.

(1) OJ L 84, 31.3.2009, p. 1.

(2) OJ L 185, 17.7.2009, p. 1.

(3) ‘Union producers’ includes the ‘Community producers’ as defined in Article 5(3)(c) of Regulation (EC) No 260/2009 and ‘Community producers of like or directly competing products’ as referred to in Article 15(1) of Regulation (EC) No 625/2009.

30.6.2010

Official Journal of the European Union

C 171/9

Notice of initiation of an anti-dumping proceeding concerning imports of wireless wide area networking (WWAN) modems originating in the People's Republic of China

2010/C 171/08

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of wireless wide area networking (WWAN) modems, originating in the People's Republic of China, are being dumped and are thereby causing material injury to the Union industry.

1. Complaint

The complaint was lodged on 3 June 2010 by Option NV (‘the complainant’), the sole producer of wireless wide area networking (WWAN) modems in the European Union, representing 100 % of the total Union production.

2. Product under investigation

The product subject to this investigation is wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers) (‘the product under investigation’).

3. Allegation of dumping (2)

The product allegedly being dumped is the product under investigation, originating in the People's Republic of China (‘the country concerned’), currently falling within CN codes ex 8517 62 00 and ex 8471 80 00. These CN codes are given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the country concerned is considered to be a non-market economy country, in the absence of known production of the product concerned outside the European Union and the country concerned, the complainant established normal value for the country concerned on the basis of the prices actually paid or payable in the Union for the like product duly adjusted where necessary to include a reasonable profit margin.

The allegation of dumping is based on a comparison of the normal value thus established with the export prices (at ex-works level) of the product under investigation when sold for export to the Union.

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

4. Allegation of injury

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have, among other consequences, had a negative impact on the quantities sold, the level of the prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.

5. Procedure

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

The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether this dumping has caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against Union interest.

5.1. Procedure for the determination of dumping

Exporting producers (3) of the product under investigation from the country concerned are invited to participate in the Commission investigation. For this purpose they have to submit a completed questionnaire containing information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation to the Union.

5.1.1. Investigating exporting producers

In order to obtain the information it deems necessary for its investigation with regard to exporting producers in the country concerned the Commission will send questionnaires to the known exporting producers in the country concerned, to any known association of exporting producers, and to the authorities of this exporting country. All exporting producers and associations of exporting producers are invited to contact the Commission immediately, by fax or by e-mail, but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make themselves known and to request a questionnaire.

The exporting producers and the associations of exporting producers must submit the completed questionnaire within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.

5.1.2. Procedure with regard to exporting producers in the non-market economy country concerned

5.1.2.1. Selection of a Market Economy Country

Subject to the provisions of section 5.1.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People's Republic of China normal value shall be determined on the basis of the price or constructed value in a market economy third country. Given the absence of known production of the product under investigation outside the European Union and the People's Republic of China, it appears that there is no appropriate market economy third country. In those circumstances, it is intended to base normal value, in accordance with Article 2(7)(a) of the basic Regulation, on any other reasonable basis, i.e. the prices actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union.

5.1.2.2. Treatment of exporting producers in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated claim to this effect (‘MET claim’). Market economy treatment (‘MET’) will be granted if the assessment of the MET claim shows that criteria laid down in Article 2(7)(c) of the basic Regulation (4) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

Individual exporting producers in the country concerned may also, or as an alternative, claim individual treatment (‘IT’). To be granted IT these exporting producers must provide evidence that they fulfil the criteria set out in Article 9(5) of the basic Regulation. (5) The dumping margin of the exporting producers granted IT will be calculated on the basis of their own export prices. The normal value for exporting producers granted IT will be based on the values established for the market economy country selected as outlined above.

(a) Market economy treatment (MET)

The Commission will send MET claim forms to all known exporting producers in the country concerned, to any known association of exporting producers, as well as to the authorities of the country concerned. Any exporting producers wishing to apply for MET should request the MET claim form from the Commission no later than 10 days after the publication of this notice in the Official Journal of the European Union. All exporting producers claiming MET should submit the completed MET claim form within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.

(b) Individual treatment (IT)

To apply for IT, exporting producers in the country concerned should submit the MET claim form with the sections relevant for IT duly completed within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified

5.1.3. Investigating unrelated importers (6) (7)

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties should 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 following information on their company or companies:

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

—	the precise activities of the company with regard to the product under investigation,

—	total turnover during the period 1 April 2009-31 March 2010,

—	the volume in units and value in EUR of imports into and resales made on the Union market during the period 1 April 2009-31 March 2010 of the imported product under investigation originating in the country concerned,

—	the names and the precise activities of all related companies (8) involved in the production and/or sales of the product under investigation,

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

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (‘on-spot verification’). 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 findings for non-cooperating importers are based on the facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

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

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

In order to obtain 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. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation and on the sales of the product under investigation.

5.2. Procedure for the determination of injury

Injury means material injury to the Union industry, or threat of material injury to the industry, or material retardation of the establishment of such an industry. A determination of injury is based on positive evidence and involves an objective determination of the volume of dumped imports, their effect on prices in the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

5.2.1. Investigating Union producers

In order to obtain the information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to the known Union producers and to any known association of Union producers. All Union producers and associations of Union producers are invited to contact the Commission immediately by fax or by e-mail, but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make themselves known and request a questionnaire.

The Union producers and the associations of Union producers must submit the completed questionnaire within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production and the sales of the product under investigation.

5.3. Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached as to whether the adoption of anti-dumping measures would be against the Union interest pursuant to Article 21 of the basic Regulation. Union producers, importers and their representative associations, users and their representative users associations, suppliers and their representative associations and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on whether the imposition of measures would not be against Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.4. Other written submissions

Subject to the provisions of this notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence should reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.

5.5. Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.6. Procedure for making written submissions and sending completed questionnaires and correspondence

All submissions, including information submitted for the selection of the sample, completed MET claim forms, completed questionnaires and updates thereof, made by interested parties must be made in writing in both paper and electronic format, and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. If an interested party cannot provide its submissions and requests in electronic format for technical reasons, it must immediately inform the Commission.

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).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

6. Non-cooperation

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

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

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

7. Hearing Officer

Interested parties may request the intervention of the Hearing Officer of DG Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organize a hearing with an individual interested party and mediate to ensure that the interested parties’ rights of defence are being fully exercised.

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 others, to dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

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/issues/respectrules/ho/index_en.htm).

8. 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.

9. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council 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 L 343, 22.12.2009, p. 51.

(2) Dumping is the practice of selling a product for export (‘the product concerned’) at a price below its ‘normal value’. The normal value is usually taken to be a comparable price for the ‘like’ product on the domestic market of the exporting country. The term ‘like product’ is interpreted to mean a product which is alike in all respects to the product concerned or, in the absence of such a product, a product which closely resembles the product.

(3) An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned. Non-producing exporters are normally not entitled to an individual duty rate.

(4) The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.

(5) The exporting producers have to demonstrate in particular that: (i) in the case of wholly or partly foreign owned firms or joint ventures, exporters are free to repatriate capital and profits; (ii) export prices and quantities and conditions and terms of sale are freely determined; (iii) the majority of the shares belong to private persons. State officials appearing on the Board of Directors or holding key management positions shall either be in a minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference; (iv) exchange rate conversions are carried out at the market rate and (v) State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty.

(6) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. For the definition of a related party see footnote 8.

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

(8) In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person 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 directly or indirectly control a third person; 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. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

(9) This document is a confidential document pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

30.6.2010

Official Journal of the European Union

C 171/14

Prior notification of a concentration

(Case COMP/M.5778 — Novartis/Alcon)

(Text with EEA relevance)

2010/C 171/09

On 18 June 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Merger Regulation (EC) No 139/2004 (1) by which Novartis AG (‘Novartis’, Switzerland) acquires sole control within the meaning of Article 3(1)(b) of the Merger Regulation of Alcon Inc. (‘Alcon’, Switzerland) by way of purchase of shares.

The business activities of the undertakings concerned are:

—	for Novartis: the development, production, distribution and marketing of medical products (also in eye care); contact lenses and lens care products; human vaccines and animal health products,

—	for Alcon developing, manufacturing, and distributing eye care products and to a lesser extent products for the treatment of ear and nose diseases.

3.	On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC 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. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5778 — Novartis/Alcon, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

30.6.2010

Official Journal of the European Union

C 171/15

Prior notification of a concentration

(Case COMP/M.5876 — Turmed/RACC/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 171/10

On 22 June 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Turmed S L (‘Turmed’, Spain) which operates under the commercial name Orizonia and is jointly controlled by The Carlyle Group (USA) and Vista Desarrollo SA (‘Vista Desarrollo’, Spain), and Real Automovil Club de Catalunya (‘RACC’, Spain) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of a newly created joint venture (‘JV’), by way of purchase of shares.

The business activities of the undertakings concerned are:

—	Turmed: provision of tourist services through wholesale and retail travel agencies, flights, hotels and Internet sales,

—	The Carlyle Group: investment group active in various sectors such as aerospace and defense, transport, energy, real estate and financial services,

—	Vista Desarrollo: investment fund which holds temporary participations in non-financial activities,

—	RACC: Spanish automobile club active in the provision of services to its members (including travel agencies), sports activities and the defence of motorists' rights,

—	for the JV: provision of tourist services in Spain.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5876 — Turmed/RACC/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

30.6.2010

Official Journal of the European Union

C 171/16

Prior notification of a concentration

(Case COMP/M.5836 — Bilfinger Berger/Hertel/FridayEuroTech)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 171/11

On 18 June 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) (‘the Merger Regulation’) by which the undertakings BIS Industrial Services Nederland B.V. (‘BIS’), belonging to Bilfinger Berger AG (‘Bilfinger Berger’, Germany), and Hertel Beheer BV (‘Hertel’), belonging to Hertel Holding B.V. (‘Hertel Holding’, The Netherlands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of FridayEuroTech Holding B.V. (‘FET’, The Netherlands), by way of purchase of shares.

The business activities of the undertakings concerned are:

—	for Bilfinger Berger: civil engineering, construction, industrial projects, industrial services,

—	for Hertel: civil engineering, construction, defence services, industrial services,

—	for FET: temporary employment services.

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

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2) OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

		ISSN 1725-2423 doi:10.3000/17252423.C_2010.171.eng
Official Journal of the European Union		C 171

English edition	Information and Notices	Volume 53 30 June 2010

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2010/C 171/01	Non-opposition to a notified concentration (Case COMP/M.5805 — 3i/Vedici Groupe) ( 1 )	1

2010/C 171/02	Non-opposition to a notified concentration (Case COMP/M.5793 — Dalkia CZ/NWR Energy) ( 1 )	1

2010/C 171/03	Non-opposition to a notified concentration (Case COMP/M.5802 — RWE Energy/Mitgas) ( 1 )	2

2010/C 171/04	Non-opposition to a notified concentration (Case COMP/M.5871 — KKR/Triton/Ambea) ( 1 )	2

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	Council
2010/C 171/05	Council Decision of 24 June 2010 appointing half of the members of the Management Board of the European Food Safety Authority	3

	European Commission
2010/C 171/06	Euro exchange rates	5

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2010/C 171/07	Notice of initiation of a safeguard investigation under Council Regulations (EC) No 260/2009 and (EC) No 625/2009 concerning imports of wireless wide area networking (WWAN) modems	6

2010/C 171/08	Notice of initiation of an anti-dumping proceeding concerning imports of wireless wide area networking (WWAN) modems originating in the People's Republic of China	9

	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2010/C 171/09	Prior notification of a concentration (Case COMP/M.5778 — Novartis/Alcon) ( 1 )	14

2010/C 171/10	Prior notification of a concentration (Case COMP/M.5876 — Turmed/RACC/JV) — Candidate case for simplified procedure ( 1 )	15

2010/C 171/11	Prior notification of a concentration (Case COMP/M.5836 — Bilfinger Berger/Hertel/FridayEuroTech) — Candidate case for simplified procedure ( 1 )	16