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ISSN 1977-091X doi:10.3000/1977091X.C_2013.072.eng |
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Official Journal of the European Union |
C 72 |
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English edition |
Information and Notices |
Volume 56 |
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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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2013/C 072/01 |
Non-opposition to a notified concentration (Case COMP/M.6708 — BMS/Astrazeneca/Amylin Business) ( 1 ) |
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2013/C 072/02 |
Non-opposition to a notified concentration (Case COMP/M.6765 — Precision Castparts/Titanium Metals) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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Council |
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2013/C 072/03 |
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European Commission |
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2013/C 072/04 |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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European Commission |
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2013/C 072/05 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2013/C 072/06 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2013/C 072/07 |
Prior notification of a concentration (Case COMP/M.6782 — H.I.G. Europe Capital/Petrochem Carless Holdings) ( 1 ) |
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2013/C 072/08 |
Prior notification of a concentration (Case COMP/M.6815 — ERDF/CDC/UEM/Efluid) — Candidate case for simplified procedure ( 1 ) |
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2013/C 072/09 |
Prior notification of a concentration (Case COMP/M.6880 — Liberty Global/Virgin Media) ( 1 ) |
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(1) Text with EEA relevance |
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EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/1 |
Non-opposition to a notified concentration
(Case COMP/M.6708 — BMS/Astrazeneca/Amylin Business)
(Text with EEA relevance)
2013/C 72/01
On 1 March 2013, 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:
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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 32013M6708. EUR-Lex is the on-line access to the European law. |
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/1 |
Non-opposition to a notified concentration
(Case COMP/M.6765 — Precision Castparts/Titanium Metals)
(Text with EEA relevance)
2013/C 72/02
On 19 December 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 English and will be made public after it is cleared of any business secrets it may contain. It will be available:
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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 32012M6765. EUR-Lex is the on-line access to the European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/2 |
Notice for the attention of the persons to whom measures provided for in Council Decision 2011/235/CFSP, as amended by Council Decision 2013/124/CFSP and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) No 206/2013 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply
2013/C 72/03
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/235/CFSP, as amended by Council Decision 2013/124/CSFP (1), and in Annex I to Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) No 206/2013 (2) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran.
The Council of the European Union has decided that the persons that appear in the abovementioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/235/CFSP and in Regulation (EU) No 359/2011.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 359/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:
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Council of the European Union |
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DG C 1C — Horizontal Issues Unit |
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General Secretariat |
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Rue de la Loi/Wetstraat 175 |
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1048 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.
(1) OJ L 68, 12.3.2013, p. 57.
European Commission
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/3 |
Euro exchange rates (1)
11 March 2013
2013/C 72/04
1 euro =
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Currency |
Exchange rate |
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USD |
US dollar |
1,2994 |
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JPY |
Japanese yen |
124,91 |
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DKK |
Danish krone |
7,4569 |
|
GBP |
Pound sterling |
0,87335 |
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SEK |
Swedish krona |
8,3260 |
|
CHF |
Swiss franc |
1,2360 |
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ISK |
Iceland króna |
|
|
NOK |
Norwegian krone |
7,4385 |
|
BGN |
Bulgarian lev |
1,9558 |
|
CZK |
Czech koruna |
25,542 |
|
HUF |
Hungarian forint |
303,40 |
|
LTL |
Lithuanian litas |
3,4528 |
|
LVL |
Latvian lats |
0,7008 |
|
PLN |
Polish zloty |
4,1472 |
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RON |
Romanian leu |
4,3718 |
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TRY |
Turkish lira |
2,3438 |
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AUD |
Australian dollar |
1,2702 |
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CAD |
Canadian dollar |
1,3357 |
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HKD |
Hong Kong dollar |
10,0797 |
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NZD |
New Zealand dollar |
1,5813 |
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SGD |
Singapore dollar |
1,6236 |
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KRW |
South Korean won |
1 426,40 |
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ZAR |
South African rand |
11,8990 |
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CNY |
Chinese yuan renminbi |
8,0803 |
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HRK |
Croatian kuna |
7,5875 |
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IDR |
Indonesian rupiah |
12 597,20 |
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MYR |
Malaysian ringgit |
4,0414 |
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PHP |
Philippine peso |
52,938 |
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RUB |
Russian rouble |
40,0015 |
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THB |
Thai baht |
38,631 |
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BRL |
Brazilian real |
2,5283 |
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MXN |
Mexican peso |
16,3724 |
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INR |
Indian rupee |
70,7040 |
(1) Source: reference exchange rate published by the ECB.
V Announcements
ADMINISTRATIVE PROCEDURES
European Commission
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/4 |
CALL FOR PROPOSALS — EACEA/10/13
‘Youth in Action’ programme
Action 3.2 — Youth in the world: Cooperation with countries other than the neighbouring countries of the European Union
2013/C 72/05
1. OBJECTIVES
The purpose of this call for proposals is to support projects, which promote cooperation in the youth sector between ‘Youth in Action’ programme countries and partner countries other than those which are neighbours of the European Union (countries which have signed with the European Union an agreement relevant to the youth field). Projects should ensure complementarity with actions carried out within the development cooperation framework. This call provides grants to projects.
It is addressed to organisations working in the youth sector that are interested in running projects promoting cooperation in this field, involving youth workers and youth leaders, young people themselves and other actors involved in youth organisations and structures.
Its objectives are as follows:
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to improve the mobility of young people and youth workers, as well as youth employability, |
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to promote youth empowerment and active participation, |
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to foster capacity-building for youth organisations and structures in order to contribute to civil society development, |
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to promote cooperation and the exchange of experience and good practice in the field of youth and non-formal education, |
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to contribute to the development of youth policies, youth work and the voluntary sector, and |
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to develop sustainable partnerships and networks between youth organisations. |
Priorities
Preference will be given to those projects which best reflect the following priorities:
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(i) |
Permanent priorities of the ‘Youth in Action’ programme:
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(ii) |
Annual priorities of the ‘Youth in Action’ programme:
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2. ELIGIBLE BODIES
Proposals must be submitted by non-profit organisations. These organisations can be:
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non-governmental organisations (NGOs), |
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public bodies at regional or local level, or |
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national youth councils. |
The same applies to the partner organisations.
Applicants must — at the specified deadline for submitting their proposals — have been legally registered for at least two years in one of the programme countries.
The programme countries are as follows:
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the Member States of the European Union: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom (1), |
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those countries of the European Free Trade Association (EFTA): Iceland, Liechtenstein, Norway, Switzerland, |
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candidate countries for which a pre-accession strategy has been established, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with these countries with a view to their participation in EU programmes: Croatia, Turkey. |
Bodies established in the following countries may participate as partners but may not submit proposals under this call. Countries which are parties to agreements with the European Union regarding the youth field are deemed to be partner countries. These are as follows:
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Latin America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela, |
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Africa: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo (Brazzaville), Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea-Bissau, Kenya, Ivory Coast, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Republic of Guinea, Rwanda, São Tomé and Príncipe, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Togo, Uganda, Zambia, Zimbabwe, |
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Caribbean: Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, |
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Pacific: the Cook Islands, Timor-Leste, Fiji, Kiribati, the Marshall Islands, Micronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, the Solomon Islands, Tonga, Tuvalu, Vanuatu, |
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Asia: Afghanistan, Bangladesh, Cambodia, the People's Republic of China (including Hong Kong and Macau), India, Indonesia, Kazakhstan, Kyrgyzstan, Laos, Malaysia, Nepal, Philippines, Singapore, Thailand, Uzbekistan, Vietnam, Yemen, |
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Industrialised countries (2): Australia, Brunei, Canada, Japan, New Zealand, Republic of Korea, United States of America. |
Projects must involve partners from at least four different countries (including the applicant organisation), including at least two programme countries, of which at least one is a Member State of the European Union, and two partner countries.
3. ELIGIBLE ACTIVITIES
The project must include activities of a non-profit-making nature that are related to the field of youth and non-formal education.
Indicative list of activities to be implemented by the proposals
Activities supported under this call may include, but are not limited to, the following:
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large-scale youth events, seminars, conferences, |
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activities encouraging the development of partnerships and networks, |
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activities encouraging the policy dialogue in the field of youth, |
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information and awareness campaigns in favour of and by young people, |
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training and capacity-building of youth workers, youth organisations and multipliers, |
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job-shadowing and long-term mobility for youth workers. |
Projects must start between 1 October 2013 and 31 December 2013, with a minimum duration of 6 months and a maximum duration of 12 months.
4. AWARD CRITERIA
Eligible applications will be assessed on the basis of the following criteria:
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relevance of the project in relation to the objectives and priorities of the call (30 %), |
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quality of the project and of the working methods that it comprises (50 %), |
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profile and number of participants and of promoters involved in the project (20 %). |
Although a balanced geographical representation will be sought in the selected projects, the major determining factor as to the number of projects funded per country will be quality.
5. BUDGET
The total budget allocated to the cofinancing of projects under this call for proposals is estimated at EUR 3 000 000.
Financial assistance from the Agency shall not be granted for more than 80 % of a project’s total eligible expenses. The maximum grant shall not exceed EUR 100 000.
The Agency reserves the right not to distribute all the funds available.
6. SUBMISSION OF APPLICATIONS
Please note that no more than one project proposal can be submitted by the same applicant under this call for proposals.
Grant applications must be drawn up in one of the official EU languages, using the electronic form specifically designed for this purpose.
The forms can be obtained on the Internet at the following address:
http://eacea.ec.europa.eu/youth/funding/2013/call_action_3_2_en.php
The electronic application form duly completed must be submitted by 12.00 (noon, Brussels time) on 14 May 2013.
A paper version of the application must also be sent by 14 May 2013 to the following address:
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Education, Audiovisual and Culture Executive Agency |
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Youth in Action Programme — EACEA/10/13 |
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BOUR 4/029 |
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Avenue du Bourget/Bourgetlaan 1 |
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1140 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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by post, date as per postmark, |
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by an express courier company, the date of receipt by the courier company being taken as proof of posting (a copy of the original deposit date receipt must be included in the application form). |
Applications sent by fax or e-mail will not be accepted.
In the event of inconsistency or discrepancy between the e-form version and the paper version, the e-form version shall prevail.
7. ADDITIONAL INFORMATION
Applications must comply with the provisions contained in the application guidelines — call for proposals EACEA/10/13, be submitted on the application form (electronic form) provided for this purpose and contain the relevant annexes.
The said documents can be found on the Internet at the following address:
http://eacea.ec.europa.eu/youth/funding/2013/call_action_3_2_en.php
(1) Persons from overseas countries and territories and, if applicable, public or private institutions based there, are eligible under the ‘Youth in Action’ programme, depending upon the rules of the programme and those which apply in the Member State with which they are connected. A list of these overseas countries and territories is given in Annex IA to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (OJ L 314, 30.11.2001, p. 1): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2001D0822:20011202:EN:PDF
(2) If projects involve industrialised countries, the EU grant cannot cover costs incurred by partners or participants from those countries.
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/8 |
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain manganese dioxides originating in South Africa
2013/C 72/06
Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of certain manganese dioxides originating in South Africa, the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).
1. Request for review
The request was lodged on 11 December 2012 by Cegasa Internacional SA and Tosoh Hellas A.I.C. (‘the applicants’), the only Union producers of certain manganese dioxides.
2. Product under review
The product subject to this review is electrolytic manganese dioxides (i.e. manganese dioxides produced through an electrolytic process) not heat-treated after the electrolytic process (‘the product under review’), currently falling within CN code ex 2820 10 00.
3. Existing measures
The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 221/2008 (3).
4. Grounds for the review
4.1. Grounds for the expiry review
The request is based on the grounds that the expiry of the measures would be likely to result in recurrence of dumping and recurrence of injury to the Union industry.
4.1.1. Allegation of likelihood of recurrence of dumping
In the absence of reliable data on domestic prices for South Africa (‘the country concerned’), the allegation of likelihood of recurrence of dumping is based on a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG & A) and profit) in South Africa with the export price (at ex-works level) of the product under review when sold for export to other third countries, in view of the current absence of significant import volumes from South Africa to the Union.
On the basis of the above comparison, which shows dumping, the applicants allege that there is a likelihood of recurrence of dumping from the country concerned.
4.1.2. Allegation of likelihood of recurrence of injury
The applicants allege the likelihood of recurrence of injury. They have provided prima facie evidence that shows that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity of the manufacturing facilities of the exporting producers in South Africa.
The applicants allege that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.
5. Procedure
Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.
The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.
5.1. Procedure for the determination of a likelihood of recurrence or continuation of dumping
Exporting producers (4) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.
5.1.1. Investigating exporting producers
All exporting producers and associations of exporting producers in South Africa are invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make themselves known and request a questionnaire.
In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the known exporting producers in South Africa, to any known association of exporting producers, and to the authorities of that country.
The 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.
The questionnaire will request information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under review, the cost of production, the sales of the product under review on the domestic market of the country concerned and the sales of the product under review to the Union.
5.1.2. Investigating unrelated importers (5) (6)
Unrelated importers of the product under review from South Africa to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex to this notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
The questionnaire will request information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under review and the sales of the product under review.
5.2. Procedure for the determination of a likelihood of recurrence or continuation of injury
In order to establish whether there is a likelihood of a recurrence of injury to the Union industry, Union producers of the product under review 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 known Union producers and to any known association of Union producers, namely to:
Cegasa Internacional SA;
Tosoh Hellas A.I.C.
The aforementioned 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 questionnaire will request information on, inter alia, the structure of their company(ies) and the financial and economic situation of the company(ies).
Any Union producer and association of Union producers not listed above is invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make itself known and request a questionnaire.
5.3. Procedure for the assessment of Union interest
Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.
Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.
5.4. 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 must 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 must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.
5.6. Instructions for making written submissions and sending completed questionnaires and correspondence
All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).
Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.
Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission in compliance with Article 18(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence
Commission address for correspondence:
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European Commission |
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Directorate-General for Trade |
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Directorate H |
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Office: N105 08/020 |
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1049 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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Fax +32 22993704 |
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E-mail: TRADE-AD-EMD@ec.europa.eu |
6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer for the Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission's investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.
The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a recurrence of dumping and injury.
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/tackling-unfair-trade/hearing-officer/index_en.htm
8. Schedule of the investigation
The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.
9. Possibility to request a review under Article 11(3) of the basic Regulation
As this expiry review is initiated under Article 11(2) of the basic Regulation, the findings thereof will not lead to the level of the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.
If any interested party considers that a review of the level of the measures is warranted so as to allow for the possibility to amend (i.e. increase or decrease) the level of the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.
Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.
10. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).
(1) OJ C 180, 21.6.2012, p. 15.
(2) OJ L 343, 22.12.2009, p. 51.
(4) An exporting producer is any company in the country concerned which produces and exports the product under review to the Union market, either directly or via a third party, including any of its related companies involved in the production, domestic sales or exports of the product under review.
(5) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 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 recognised 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.
(6) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.
(7) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of 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).
ANNEX
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/15 |
Prior notification of a concentration
(Case COMP/M.6782 — H.I.G. Europe Capital/Petrochem Carless Holdings)
(Text with EEA relevance)
2013/C 72/07
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1. |
On 19 February 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which H.I.G. Europe Capital Partners LP (‘H.I.G.’, United Kingdom) via its portfolio company Haltermann Holding GmbH (‘Haltermann’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Petrochem Carless Holdings Ltd (‘PCHL’, United Kingdom), by way of purchase of shares (2). |
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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. |
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4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6782 — H.I.G. Europe Capital/Petrochem Carless Holdings, to the following address:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
(2) The transaction was initially notified on 28 November 2012. On 19 December 2012 the notification was withdrawn (OJ C 400, 28.12.2012, p. 2).
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/16 |
Prior notification of a concentration
(Case COMP/M.6815 — ERDF/CDC/UEM/Efluid)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 72/08
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1. |
On 5 March 2013, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings ERDF, a subsidiary of the EDF group (France), Caisse des Dépôts et Consignations (‘CDC’, France) and UEM (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking efluid (France) by way of purchase of shares in a newly created company constituting a joint venture. |
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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 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. |
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4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6815 — ERDF/CDC/UEM/Efluid, to the following address:
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(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’).
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12.3.2013 |
EN |
Official Journal of the European Union |
C 72/17 |
Prior notification of a concentration
(Case COMP/M.6880 — Liberty Global/Virgin Media)
(Text with EEA relevance)
2013/C 72/09
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1. |
On 6 March 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Liberty Global Inc. (‘LGI’, USA) through its wholly-owned subsidiary Liberty Global Corporation Limited, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Virgin Media Inc. (‘Virgin Media’, USA) by way of purchase of shares. |
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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. |
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4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6880 — Liberty Global/Virgin Media, to the following address:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).