ISSN 1977-091X doi:10.3000/1977091X.C_2012.314.eng |
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Official Journal of the European Union |
C 314 |
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English edition |
Information and Notices |
Volume 55 |
Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2012/C 314/01 |
Non-opposition to a notified concentration (Case COMP/M.6641 — Verbund/Siemens/E-Mobility Provider Austria) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2012/C 314/02 |
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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
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EFTA Surveillance Authority |
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2012/C 314/03 |
No State aid within the meaning of Article 61(1) of the EEA Agreement |
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2012/C 314/04 |
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2012/C 314/05 |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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European Commission |
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2012/C 314/06 |
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European Personnel Selection Office (EPSO) |
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2012/C 314/07 |
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COURT PROCEEDINGS |
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EFTA Court |
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2012/C 314/08 |
Action brought on 9 July 2012 by DB Schenker against the EFTA Surveillance Authority (Case E-7/12) |
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2012/C 314/09 |
Action brought on 15 July 2012 by DB Schenker against the EFTA Surveillance Authority (Case E-8/12) |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2012/C 314/10 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2012/C 314/11 |
Prior notification of a concentration (Case COMP/M.6686 — Terex/GAZ/JV) — Candidate case for simplified procedure ( 1 ) |
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2012/C 314/12 |
Prior notification of a concentration (Case COMP/M.6705 — Procter & Gamble/Teva Pharmaceuticals OTC II) ( 1 ) |
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(1) Text with EEA relevance |
EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/1 |
Non-opposition to a notified concentration
(Case COMP/M.6641 — Verbund/Siemens/E-Mobility Provider Austria)
(Text with EEA relevance)
2012/C 314/01
On 20 September 2012, 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 German 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, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6641. EUR-Lex is the on-line access to the European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/2 |
Euro exchange rates (1)
17 October 2012
2012/C 314/02
1 euro =
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Currency |
Exchange rate |
USD |
US dollar |
1,3120 |
JPY |
Japanese yen |
103,23 |
DKK |
Danish krone |
7,4592 |
GBP |
Pound sterling |
0,81150 |
SEK |
Swedish krona |
8,6587 |
CHF |
Swiss franc |
1,2106 |
ISK |
Iceland króna |
|
NOK |
Norwegian krone |
7,3960 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
24,794 |
HUF |
Hungarian forint |
279,00 |
LTL |
Lithuanian litas |
3,4528 |
LVL |
Latvian lats |
0,6962 |
PLN |
Polish zloty |
4,1029 |
RON |
Romanian leu |
4,5777 |
TRY |
Turkish lira |
2,3629 |
AUD |
Australian dollar |
1,2690 |
CAD |
Canadian dollar |
1,2915 |
HKD |
Hong Kong dollar |
10,1704 |
NZD |
New Zealand dollar |
1,6009 |
SGD |
Singapore dollar |
1,5954 |
KRW |
South Korean won |
1 450,48 |
ZAR |
South African rand |
11,3669 |
CNY |
Chinese yuan renminbi |
8,2059 |
HRK |
Croatian kuna |
7,5405 |
IDR |
Indonesian rupiah |
12 577,46 |
MYR |
Malaysian ringgit |
3,9769 |
PHP |
Philippine peso |
53,896 |
RUB |
Russian rouble |
40,2880 |
THB |
Thai baht |
40,187 |
BRL |
Brazilian real |
2,6676 |
MXN |
Mexican peso |
16,8231 |
INR |
Indian rupee |
69,3590 |
(1) Source: reference exchange rate published by the ECB.
NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
EFTA Surveillance Authority
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/3 |
No State aid within the meaning of Article 61(1) of the EEA Agreement
2012/C 314/03
The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:
Date of adoption of the decision |
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30 May 2012 |
Case number |
: |
68531 |
Decision number |
: |
213/12/COL |
EFTA State |
: |
Iceland |
Title (and/or name of the beneficiary) |
: |
On the grant of State aid in connection with repairs of the ship lift in the Westman Islands |
Legal basis |
: |
Article 61(1) of the EEA |
Type of measure |
: |
No aid |
Economic sectors |
: |
Ship building/repairs |
The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/4 |
The EFTA Surveillance Authority’s notice on current State aid recovery interest rates and reference/discount rates for three EFTA States applicable as from 1 June 2012
(Published in accordance with Article 10 of the Authority’s Decision No 195/04/COL of 14 July 2004 (1) )
2012/C 314/04
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of the Authority’s State aid Guidelines as amended by the Authority’s Decision No 788/08/COL of 17 December 2008 (2). To get the applicable reference rate, appropriate margins have to be added in accordance with the State aid Guidelines. For the discount rate this means that the appropriate margin of 100 basis points has to be added to the base rate. The recovery rate will also normally be calculated by adding 100 basis points to the base rate as foreseen in the Authority’s Decision No 789/08/COL of 17 December 2008 (3) amending the Authority’s Decision No 195/04/COL of 14 July 2004 (4).
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Iceland |
Liechtenstein |
Norway |
1.1.2012-31.5.2012 |
4,70 |
0,31 |
3,57 |
1.6.2012- |
4,70 |
0,38 |
3,57 |
(1) OJ L 139, 25.5.2006, p. 37 and EEA Supplement No 26, 25.5.2006, p. 1.
(2) OJ L 105, 21.4.2011, p. 32 and EEA Supplement No 23, 21.4.2011, p. 1.
(3) OJ L 340, 22.12.2010, p. 1 and EEA Supplement No 72, 22.12.2010, p. 1.
(4) See consolidated version on http://www.eftasurv.int/media/decisions/195-04-COL.pdf
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/5 |
Thresholds referred to in Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council, as amended by Commission Regulation (EU) No 1251/2011, expressed in the national currencies of the EFTA States
2012/C 314/05
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Thresholds in NOK |
Thresholds in CHF |
Thresholds in ISK |
Thresholds in EUR |
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130 000 |
1 042 319 |
176 310 |
21 540 485 |
200 000 |
1 603 568 |
271 246 |
33 139 208 |
400 000 |
3 207 136 |
542 492 |
66 278 416 |
5 000 000 |
40 089 200 |
6 781 150 |
828 480 200 |
V Announcements
ADMINISTRATIVE PROCEDURES
European Commission
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/6 |
Call for proposals under the 2013 work programme ‘People’ of the seventh EC framework programme for research, technological development and demonstration activities
2012/C 314/06
Notice is hereby given of the launch of a call for proposals under the 2013 work programme ‘People’ of the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013).
Proposals are invited for the following call. Call deadline and budget are given in the call text, which is published on the CORDIS website.
‘People’ specific programme:
Call title |
Call identifier |
Reintegration grants |
FP7-PEOPLE-2013-CIG |
This call for proposals relates to the 2013 work programme adopted by Commission Decision C(2012) 4561 of 9 July 2012.
Information on the modalities of the call, the work programme, and the guide for applicants on how to submit proposals is available through the CORDIS website:
http://cordis.europa.eu/fp7/calls/
European Personnel Selection Office (EPSO)
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/7 |
NOTICE OF OPEN COMPETITION
2012/C 314/07
The European Personnel Selection Office (EPSO) is organising an open competition:
EPSO/AD/247/12 — Head of Unit (AD 12) — Site management and nuclear safety at the Institute for Transuranium Elements (Karlsruhe, Germany), Joint Research Centre, European Commission
The competition notice is published in Official Journal C 314 A of 18 October 2012.
Further details can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/
COURT PROCEEDINGS
EFTA Court
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/8 |
Action brought on 9 July 2012 by DB Schenker against the EFTA Surveillance Authority
(Case E-7/12)
2012/C 314/08
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 9 July 2012 by Schenker North AB, Schenker Privpak AB and Schenker Privpak AS (collectively ‘DB Schenker’), represented by Jon Midthjell, advocate, Advokatfirmaet Midthjell AS, Grev Wedels plass 5, 0151 Oslo, Norway.
The applicants request the EFTA Court to:
in relation to the application against the failure to act:
1. |
declare that the defendant has infringed Article 37(1) of the SCA by failing to act on its duty, under the Rules on Access to Documents, the Surveillance and Court Agreement and the EEA Agreement, to define its position on the request that the applicants submitted on 3 August 2010 for access to the complete file in ESA Case No 34250 (Norway Post/Privpak); and |
2. |
order the defendant to bear the costs; |
in relation to the application for damages, to give an interlocutory ruling on the liability of the defendant and defer to a subsequent stage of the proceedings the question of assessing the damages attributable to the defendant:
1. |
find that the inaction of the defendant between 7 September 2010 or any later date, and until the defendant has lawfully defined its position on the applicants’ request for access to the complete file in ESA Case No 34250 (Norway Post), on 3 August 2010, is such as to render the defendant liable, including for default interest, under Article 46(2) of the SCA; |
2. |
within six months after the defendant has lawfully defined its position on the applicants’ request for access to the complete file in ESA Case No 34250 (Norway Post), on 3 August 2010, the applicants shall inform the Court of the amount of damages that they claim and whether the parties agree on that amount; |
3. |
in the event of a failure to agree on the amount of damages, the parties shall submit to the Court, within the same period, their calculations of the amount of damages attributable to the defendant’s failure to lawfully define its position on the applicants’ request for access to the complete file in ESA Case No 34250 (Norway Post), on 3 August 2010; |
4. |
order the defendant to bear the costs. |
Legal and factual background and pleas in law adduced in support:
— |
The applicants, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS are part of DB Schenker, an international freight forwarding and logistic group, owned by Deutsche Bahn AG. Schenker North AB runs the group’s business operations by land, sea and rail in Norway, Sweden and Denmark, including the subsidiaries Schenker Privpak AS and Schenker Privpak AB (collectively referred to as ‘DB Schenker’). |
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On 14 July 2010, the EFTA Surveillance Authority adopted a decision in Case No 34250 (Norway Post/Privpak), finding that Norway Post had abused its dominant position in the Norwegian business-to-consumer parcel delivery market in 2000-2006. The decision was upheld by the EFTA Court in Case E-15/10 Posten Norge AS v EFTA Surveillance Authority. The applicants are pursuing their rights for compensation from Norway Post for the damage caused by the infringement and want to review how the defendant handled the investigation and administrative procedure. On 3 August 2010, the applicants submitted a request for access to documents belonging to ESA Case No 34250, under the Rules of Access to Documents (RAD), established by a Decision of the EFTA Surveillance Authority No 407/08/COL on 27 June 2008. |
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On 8 March 2012, the applicants served a pre-litigation notice on the defendant under Article 37(2) of the SCA, on the basis that the defendant had failed to take a final decision on their access request, submitted on 3 August 2010. The applicants submit that the defendant subsequently failed to take a decision on their access request after statutory pre-litigation period expired, thereby also causing losses. |
The applicants claim that the EFTA Surveillance Authority has:
— |
infringed Article 37 of the SCA, by failing to meet its legal obligations to decide on the access request that the applicants submitted on 3 August 2010, and |
— |
infringed Article 46(2) of the SCA, by failing to meet its legal obligation to take a timely decision on the access request that the applicants submitted on 3 August 2010 and handle the request in an otherwise lawful manner. |
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/10 |
Action brought on 15 July 2012 by DB Schenker against the EFTA Surveillance Authority
(Case E-8/12)
2012/C 314/09
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 15 July 2012 by Schenker North AB, Schenker Privpak AB and Schenker Privpak AS (collectively ‘DB Schenker’), represented by Jon Midthjell, advokat, Advokatfirmaet Midthjell AS, Grev Wedels plass 5, 0151 Oslo, Norway.
The applicants request the EFTA Court to:
1. |
annul the contested decision, as notified to the applicants on 18 May 2012, in ESA Case No 68736 (DB Schenker), in so far as it denies access to:
|
2. |
annul the contested decision, as notified to the applicants on 23 May 2012, in ESA Case No 68736 (DB Schenker), in so far as it denies access to a complete statement of content of the case file in the same case; |
3. |
annul the contested decision, as notified to the applicants on 2 July 2012, in ESA Case No 68736 (DB Schenker), in so far as it denies access to:
|
4. |
order the defendant and any interveners to bear the costs. |
Legal and factual background and pleas in law adduced in support:
— |
The applicants, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS (collectively referred to as ‘DB Schenker’) are part of an international freight forwarding and logistic group, owned by Deutsche Bahn AG. Schenker North AB runs the group’s business operations by land, sea and rail in Norway, Sweden and Denmark, including the subsidiaries Schenker Privpak AS and Schenker Privpak AB. |
— |
On 14 July 2010, the EFTA Surveillance Authority adopted a decision in Case No 34250 (Norway Post/Privpak), finding that Norway Post had abused its dominant position in the Norwegian business-to-consumer parcel delivery market in 2000-2006. The decision was upheld by the EFTA Court in Case E-15/10 Posten Norge AS v EFTA Surveillance Authority. The applicants are pursuing a damages claim against Norway Post for losses caused by the infringement, and want to review how the defendant conducted the investigation and administrative procedure. On 3 August 2010, the applicants submitted a request for access to documents belonging to ESA Case No 34250, under the Rules of Access to Documents (RAD), established by a Decision of the EFTA Surveillance Authority No 407/08/COL on 27 June 2008. |
— |
On 8 March 2012, the applicants served a pre-litigation notice on the defendant under Article 37(2) of the SCA, on the basis that the defendant had failed to take a final decision on their access request, submitted on 3 August 2010. In a separate action, in Case E-7/12, the applicants submit that the defendant subsequently failed to take a decision on their access request after the statutory pre-litigation period expired, and handle their access request in an otherwise lawful manner, thereby also causing them losses. |
— |
The applicants submit, in the present action, that they filed two additional access to documents requests with the defendant, on 12 March 2012 and 11 April 2012, seeking the statement of content in their own access case, registered as ESA Case No 68736, as well as the internal procedure/instructions governing the defendant’s administration of its case files and handling of public access requests. |
— |
On 18 May 2012, 23 May 2012 and 2 July 2012, the defendant notified the applicants of decisions concerning their first access request of 3 August 2010, their second access request of 12 March 2012 and their third access request of 11 April 2012, respectively. By this action, the applicants seek to annul those decisions, either in full or in part. |
The applicants claim that the EFTA Surveillance Authority has:
— |
in relation to the first decision, on 18 May 2012, infringed Article 2(1) RAD and Article 16 of the SCA, |
— |
in relation to the second decision, on 23 May 2012, committed a misuse of its powers, infringed Article 2(1) RAD and Article 16 of the SCA, and |
— |
in relation to the third decision, on 2 July 2012, infringed Article 2(1) RAD and Article 16 of the SCA. |
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/12 |
Notice concerning the anti-dumping measures on imports of ethanolamines originating in the United States of America and a partial reopening of the anti-dumping investigation concerning imports of ethanolamines originating in the United States of America
2012/C 314/10
By its judgment of 8 May 2012 in Case T-158/10, the General Court of the European Union (‘the General Court’) annulled Council Implementing Regulation (EU) No 54/2010 of 19 January 2010 imposing a definitive anti-dumping duty on imports of ethanolamines originating in the United States of America (1) (‘definitive anti-dumping Regulation’ or ‘the contested Regulation’) in so far as it concerns The Dow Chemical Company (‘Dow Chemical’ or ‘the company concerned’).
As a consequence of the judgment of 8 May 2012, imports into the European Union of ethanolamines manufactured by Dow Chemical are no longer subject to the anti-dumping measures imposed by Regulation (EU) No 54/2010.
1. Information to customs authorities
Consequently, the definitive anti-dumping duties paid pursuant to Regulation (EU) No 54/2010 on imports into the European Union of ethanolamines currently falling within CN codes ex 2922 11 00 (monoethanolamine) (TARIC code 2922110010), ex 2922 12 00 (diethanolamine) (TARIC code 2922120010) and 2922 13 10 (triethanolamine), originating in the United States of America, manufactured by Dow Chemical (TARIC additional code A115) should be repaid or remitted. The repayment or remission must be requested from national customs authorities in accordance with applicable customs legislation.
2. Partial reopening of the anti-dumping investigation
The General Court, through its judgment of 8 May 2012, annulled Regulation (EU) No 54/2010. The General Court found that the Council committed two errors of assessment: (i) in finding continued dumping during the review investigation period (‘the RIP’) and, therefore, on that basis, in finding a likelihood of continuation of dumping; and (ii) by fixing the spare production capacity of ethanolamines in the United States at 60 000 tonnes.
It is recognised by the Courts (2) that, in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Consequently, the annulment of parts of the definitive anti-dumping Regulation does not imply the annulment of the entire procedure prior to the adoption of the Regulation in question. On the other hand, according to Article 266 of the Treaty on the Functioning of the European Union, the institutions of the European Union are obliged to comply with the judgment of 8 May 2012 of the General Court. Accordingly, the Union's institutions, in so complying with the judgment, have the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the uncontested parts which are not affected by the judgment (3). It must be noted that all other findings made in the contested Regulation, which were not contested within the time limits for a challenge and thus were not considered by the Courts and did not lead to the annulment of the contested Regulation, remain valid.
The Commission has thus decided to reopen the anti-dumping investigation concerning imports of ethanolamines originating in the United States of America initiated pursuant to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (4) (replaced by Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (5)) (‘the basic Regulation’). The reopening is limited in scope to the implementation of the finding of the General Court as recalled above.
3. Procedure
Having determined, after consulting the Advisory Committee, that a partial reopening of the anti-dumping investigation is justified, the Commission hereby partially reopens the anti-dumping investigation concerning imports of ethanolamines originating in the United States of America initiated pursuant to Article 11(2) of the basic Regulation by a notice published in the Official Journal of the European Union (6).
The reopening is limited in scope to the implementation of the abovementioned judgment as far as determination of continuation or recurrence of dumping during the RIP and spare production capacity of ethanolamines in the Unites States are concerned.
All interested parties are hereby invited to make their views known, submit information and provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 4(a).
Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 4(b).
4. Time limits
(a) For parties to make themselves known and to submit 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 any information within 20 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.
(b) Hearings
All interested parties may also apply to be heard by the Commission within the same 20-day time limit.
5. Written submissions and correspondence
All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (7) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.
Commission address for correspondence:
European Commission |
Directorate-General for Trade |
Directorate H |
Office: N105 08/020 |
1049 Bruxelles/Brussel |
BELGIQUE/BELGIË |
Fax +32 22956505 |
6. 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, 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, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favorable to that party than if it had cooperated.
7. Processing of personal data
It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).
8. Hearing Officer
It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer for the Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of the Directorate-General for Trade (http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).
(2) Case T-2/95 Industrie des poudres sphériques (IPS) v Council [1998], ECR II-3939.
(3) Case C-458/98 P Industrie des poudres sphériques (IPS) v Council [2000], ECR I-08147.
(5) OJ L 343, 22.12.2009, p. 51.
(6) OJ C 270, 25.10.2008, p. 26.
(7) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/14 |
Prior notification of a concentration
(Case COMP/M.6686 — Terex/GAZ/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 314/11
1. |
On 10 October 2012, 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 Terex Corporation (‘Terex’, USA) and Open Joint Stock Company GAZ (‘GAZ’, Russia), belonging to the Basic Element Group (‘Basic Element’, Russia) which is ultimately controlled by Mr Oleg DERIPASKA (Russia), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Construction Equipment Corporation BV (‘JV’, the Netherlands), by way of purchase of shares. |
2. |
The business activities of the undertakings concerned are:
|
3. |
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. |
4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6686 — Terex/GAZ/JV, to the following address:
|
(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’).
18.10.2012 |
EN |
Official Journal of the European Union |
C 314/15 |
Prior notification of a concentration
(Case COMP/M.6705 — Procter & Gamble/Teva Pharmaceuticals OTC II)
(Text with EEA relevance)
2012/C 314/12
1. |
On 9 October 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Procter & Gamble (the United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of over-the-counter (‘OTC’) businesses of Teva Pharmaceuticals Industries Ltd (Israel) by way of contributing assets to a newly created entity. |
2. |
The business activities of the undertakings concerned are:
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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. |
4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6705 — Procter & Gamble/Teva Pharmaceuticals OTC II, to the following address:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).