ISSN 1977-091X

doi:10.3000/1977091X.C_2013.138.eng

Official Journal

of the European Union

C 138

European flag  

English edition

Information and Notices

Volume 56
17 May 2013


Notice No

Contents

page

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2013/C 138/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections ( 1 )

1

2013/C 138/02

Non-opposition to a notified concentration (Case COMP/M.6913 — DP World/Goodman/DP World Asia) ( 1 )

6

 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

Council

2013/C 138/03

Fourteenth progress report on the implementation of the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition (2012/II)

7

2013/C 138/04

Council Decision of 13 May 2013 appointing one member of the Management Board of the European Chemicals Agency

13

2013/C 138/05

Council Decision of 13 May 2013 appointing 12 members of the Management Board of the European Chemicals Agency

14

2013/C 138/06

Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/486/CFSP, as implemented by Council Implementing Decision 2013/219/CFSP, and in Council Regulation (EU) No 753/2011, as implemented by Council Implementing Regulation (EU) No 451/2013 concerning restrictive measures in view of the situation in Afghanistan apply

16

2013/C 138/07

Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2010/656/CFSP and in Council Regulation (EC) No 560/2005 concerning restrictive measures against Côte d'Ivoire apply

18

 

European Commission

2013/C 138/08

Euro exchange rates

19

 

V   Announcements

 

ADMINISTRATIVE PROCEDURES

 

European Food Safety Authority

2013/C 138/09

Call for expressions of interest for the position of member of the Management Board of the European Food Safety Authority

20

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

 

European Commission

2013/C 138/10

Notice concerning the anti-subsidy measures on imports of certain polyethylene terephthalate originating, inter alia, in Pakistan and a partial reopening of the anti-subsidy investigation concerning imports of certain polyethylene terephthalate originating, inter alia, in Pakistan

32

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

 

European Commission

2013/C 138/11

Prior notification of a concentration (Case COMP/M.6939 — CVC/ISTA) — Candidate case for simplified procedure ( 1 )

35

 


 

(1)   Text with EEA relevance

EN

 


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

17.5.2013   

EN

Official Journal of the European Union

C 138/1


Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 138/01

Date of adoption of the decision

20.3.2013

Reference number of State Aid

SA.32825 (12/N)

Member State

Hungary

Region

Hungary

Article 107(3)(a), Article 107(3)(c)

Title (and/or name of the beneficiary)

Regionális Tőkebefektetési Alap program

Legal basis

1.

281/2006. (XII. 23.) Korm. rendelet a 2007–2013 programozási időszakban az Európai Regionális Fejlesztési Alapból, az Európai Szociális Alapból és a Kohéziós Alapból származó támogatások fogadásához kapcsolódó pénzügyi lebonyolítási és ellenőrzési rendszerek kialakításáról.

2.

a 2001. évi CXX. törvény a tőkepiacról.

3.

19/2007. (VII. 30.) MeHVM rendelet az Új Magyarország Fejlesztési Tervben szereplő Regionális Fejlesztés Operatív Programokra meghatározott előirányzatok felhasználásának állami támogatási szempontú szabályairól.

4.

4/2011. (I. 28.) Korm. rendelet a 2007–2013 programozási időszakban az Európai Regionális Fejlesztési Alapból, az Európai Szociális Alapból és a Kohéziós Alapból származó támogatások felhasználásának rendjéről.

Type of measure

Scheme

Objective

Risk capital, SMEs

Form of aid

Provision of risk capital

Budget

Overall budget: HUF 14 000 million

Intensity

100 %

Duration (period)

Until 31.12.2015

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

Nemzeti Fejlesztési Ügynökség

Budapest

Wesselényi u. 20–22.

1077

MAGYARORSZÁG/HUNGARY

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

Date of adoption of the decision

5.12.2012

Reference number of State Aid

SA.33980 (12/N)

Member State

United Kingdom

Region

Title (and/or name of the beneficiary)

Local Television in the UK

Legal basis

The Local Digital Television Programme Services Order 2012 (SI 2012/292) made in pursuant to primary powers under Section 244 of the Communications Act 2003 and the BBC Agreement

Type of measure

Ad hoc aid

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: GBP 25 million

Intensity

100 %

Duration (period)

Until 31.12.2017

Economic sectors

Television programming and broadcasting activities

Name and address of the granting authority

BBC Trust

180 Great Portland Street

London

W1W 5QZ

UNITED KINGDOM

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

Date of adoption of the decision

25.7.2012

Reference number of State Aid

SA.34381 (12/N)

Member State

Germany

Region

Title (and/or name of the beneficiary)

Umstrukturierung der Nord/LB

Legal basis

Gesetz über Kapitalmaßnahmen zugunsten der Nord/LB

Type of measure

Ad hoc aid

Objective

Remedy for a serious disturbance in the economy

Form of aid

Other forms of equity intervention, Guarantee, Direct grant

Budget

Overall budget: EUR 3 298 million

Intensity

Duration (period)

Economic sectors

Financial service activities, except insurance and pension funding

Name and address of the granting authority

Land Niedersachsen, Niedersächsisches Finanzminsterium

Sparkassenverband Niedersachsen

Schiffgraben 10

30159 Hannover

DEUTSCHLAND

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

Date of adoption of the decision

20.12.2012

Reference number of State Aid

SA.35489 (12/N)

Member State

Spain

Region

Title (and/or name of the beneficiary)

Restructuring of Caja3 — Spain

Legal basis

Royal Decree-Law No 24/2012

Type of measure

Individual aid

Cajatres Banco

Objective

Remedy for a serious disturbance in the economy

Form of aid

Other forms of equity intervention

Budget

Overall budget: EUR 1 177 million

Intensity

Duration (period)

Economic sectors

Financial service activities, except insurance and pension funding

Name and address of the granting authority

Ministerio de Economía y Competitividad FROB. Fondo de Reestructuración Ordenada Bancaria

Paseo de la Castellana, 162

28071 Madrid

ESPAÑA

José Ortega y Gasset, 22 5o

28006 Madrid

ESPAÑA

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

Date of adoption of the decision

16.4.2013

Reference number of State Aid

SA.35955 (13/N)

Member State

Denmark

Region

Title (and/or name of the beneficiary)

Danish short-term export-credit scheme 2013

Legal basis

Act on Eksport Kredit Fonden: Legislative Order No 913 of 9 December 1999

Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance

Type of measure

Scheme

Objective

Other

Form of aid

Other, Guarantee

Budget

Intensity

Duration (period)

16.4.2013-31.12.2015

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

EKF

Lautrupsgade 11, 4.

2100 København Ø

DANMARK

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm


17.5.2013   

EN

Official Journal of the European Union

C 138/6


Non-opposition to a notified concentration

(Case COMP/M.6913 — DP World/Goodman/DP World Asia)

(Text with EEA relevance)

2013/C 138/02

On 8 May 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:

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 32013M6913. EUR-Lex is the on-line access to the European law.


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

17.5.2013   

EN

Official Journal of the European Union

C 138/7


Fourteenth progress report on the implementation of the EU Strategy to combat illicit accumulation and trafficking of SALW and their ammunition (2012/II)

2013/C 138/03

I.   INTRODUCTION

The fourteenth progress report on the implementation of the SALW Strategy covers EU activities during the second half of 2012 (from 1 July 2012 until 31 December 2012). The report was prepared by the EEAS Division for Non-Proliferation and Disarmament in cooperation with other relevant EEAS and European Commission services. During the reporting period, the EU continued to promote the issue of small arms and light weapons (SALW) in all multilateral fora and in its political dialogue with third countries in the context of relevant international instruments, such as the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. In particular, the EU actively participated in the July 2012 UN negotiations on an Arms Trade Treaty, and in the August 2012 Second Review Conference on the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. Over the period, the EU also continued the implementation of several projects related to the prevention of SALW illicit trade and excessive accumulation, and started the elaboration of new initiatives to be further developed over the next months.

II.   IMPLEMENTATION OF THE ACTION PLAN CONTAINED IN THE EU SALW STRATEGY

II.1.   Effective multilateralism to develop universal, regional and national mechanisms to counter the supply and destabilising spread of SALW and their ammunition

(a)   Implementation of the 2001 UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

The EU actively participated in the United Nations Conference to Review Progress Made in the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (PoA), which held its session from 27 August until 7 September 2012 in New York.

On the basis of an EU Working Paper, which was adopted at Council level and submitted to the Review Conference (available at: http://www.poa-iss.org/RevCon2/documents/), the EU took an active part in the negotiations on a declaration, on the implementation plans for the PoA and the International Tracing Instrument as well as on the plan for the PoA meetings in the next six years. The EU welcomed the fact that the Review Conference was able to reach consensus on these outcome documents and is convinced that the results of the Conference will help all relevant actors to strengthen the full and effective implementation of the PoA in the future.

In the framework of the Council Decision in support of activities of the UN Office for Disarmament Affairs to implement the PoA (Council Decision 2011/428/CFSP of 18 July 2011), activities continued to improve the online Implementation Support System (http://www.poa-iss.org), in particular with regard to the ‘matching needs with resources’ tool in order to help coordinate international efforts to effectively implement the PoA. On 14 and 15 August 2012, a regional seminar on the implementation of the PoA for subregions of Africa took place in Nairobi in order to advance the implementation of the PoA at regional level and assist in the preparations for the Second Review Conference on the PoA. At the seminar, an outcome document was adopted on the basis of in-depth discussions on the themes of the draft outcome documents of the Review Conference.

The subregional groupings consisting of Member States of ECOWAS, RECSA, SADC and ECCAS also developed their own outcome on subregional priorities which was annexed to the main document. Plans for a regional meeting with the League of Arab States on the regional implementation of the PoA and the results of the Second Review Conference are ongoing.

(b)   Arms Trade Treaty

The EU continued to attach high priority to the Arms Trade Treaty (ATT) process in the second half of 2012. The ATT process reached a crucial stage with the convening of the July 2012 UN Conference mandated to negotiate the Treaty.

Throughout the period of 2011-2012, the European Union and its Member States closely supported and participated in the UN-led Arms Trade Treaty process. In preparation for the July 2012 UN Conference, a dedicated subgroup of the COARM and CODUN working groups has met regularly to share views and coordinate positions, thereby allowing the EU to continue to be a very active and visible player in the ATT process. On the basis of EU coordinated positions, the EU and its Member States took an active part in the negotiations in July 2012 and held extensive consultations with third countries, in particular major arms-manufacturing, exporting, and importing countries, and with the Chairman of the UN Conference.

While recognising that significant progress was reached at the UN Conference, the EU regrets that no agreement on a final text of the Treaty could be reached. Strong efforts will continue to be made towards the early and successful conclusion of the negotiating process at the final UN conference in March 2013, which will complete negotiations on the basis of the draft treaty of 26 July 2012.

Following the completion of Council Decision 2010/336/CFSP of 14 June 2010, promoting the ATT process through the organisation of a series of world-wide regional seminars, the EU started working on the preparation of a new Council decision to be adopted in early 2013 and aiming at facilitating preparation among UN Member States to the March 2013 Conference and promote implementation and universalisation of the ATT once agreed.

(c)   Implementation of the United Nations Convention against Transnational Organised Crime (UNTOC) Protocol against the Illicit Manufacturing of and Trafficking in Firearms

Through the Instrument for Stability (IfS) long-term component, a three-year (March 2011-February 2014) project to prevent and counter transnational illicit trade in firearms by promoting the ratification and implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention Against Transnational Organised Crime, continued in the second half of 2012. The geographical scope of the project encompasses West Africa (Benin, Burkina Faso, Gambia, Ghana, Mali, Mauritania, Senegal, Togo), South America (Argentina, Bolivia, Brazil, Chile, Paraguay, Uruguay) and the Caribbean (Jamaica). Technical assistance was provided on legislative harmonisation and capacity-building on SALW management in line with the aim of promoting the ratification and implementation of the Firearms Protocol in Latin America, the Caribbean and West Africa. The project also raises awareness on SALW issues to enhance civil society participation and oversight in this area. Foreseen activities include the conduct of a study on transregional trafficking of firearms which will provide partner countries with evidence to support policy making. The project is implemented by the United Nations Office on Drugs and Crime (UNODC).

In the framework of the IfS long-term component, the EU is also providing financial assistance to Interpol for the development and roll out of a database for tracking and tracing lost/stolen firearms (iARMS) via the Interpol I24/7 system.

The pilot roll out (2011-2012) focused on the same regions as the UNODC project and also included additional European countries (Czech Republic, Croatia, Portugal, Spain). The project aims at contributing to the combat against trafficking in firearms by improving regional and transregional information exchange on illicit firearms. A contract for a second phase of IfS long-term support to Interpol’s iARMS system was agreed in December 2012 to commence in January 2013 (2013-2014) when the first phase of support ended. The second phase aims at enhancing the functionality of the system and at making iARMS available to all 190 Interpol members. The project also foresees related capacity-building, training and criminal intelligence services on combating firearms-related crime.

(d)   Export controls

Following the completion of implementation of Council Decision 2009/1012/CFSP, in the first half of 2012, a thorough assessment of the Council Decision and its impact was conducted, with a view to the development of a new series of outreach and assistance activities. This process led to the adoption of Council Decision 2012/711/CFSP foreseeing a new series of activities in support of third countries, including regional seminars, study visits, staff exchanges, and individual assistance. The implementation of the Council Decision will start in early 2013.

(e)   Illicit trade in SALW by air

In the framework of Council Decision 2010/765/CFSP on EU action to counter the illicit trade of SALW by air, which aimed at improving tools and techniques for international and national actors to effectively screen and target suspect aircrafts likely to be involved in the illicit trade of SALW, implementation of the project by the Stockholm International Peace Research Institute (SIPRI) continued until 30 December 2012.

An expert seminar with a focus on UN sanctions and air trafficking took place at the United Nations in New York on 28 and 29 August 2012. The event brought together around 100 experts in the fields of sanctions monitoring, civil aviation, peacekeeping, crisis management, disarmament, aviation intelligence, proliferation, export control, defence, law enforcement, customs and security. Another expert seminar with a focus on air trafficking and peacekeeping took place in Addis Ababa, Ethiopia on 30 and 31 October 2012 with the participation of international, regional, and national experts as well as representatives from the African Union (AU), other regional organisations and States from affected areas. Both seminars helped to establish best practices in the field of effective information-sharing, tools and techniques for the better monitoring and detection of air cargo actors engaged in destabilising commodity flows as well as sanctions monitoring and trafficking investigation techniques within peacekeeping environments. Recommendations from the series of expert seminars included providing the groups or panels of experts supporting the work of the United Nations Sanctions Committees with more permanent tools and resources.

The Aircraft Monitoring Assessment System software and databases were updated to reflect the threat picture as it relates to the increasing levels of conflict in the Sahel and Syria towards the end of the projects' implementation period. Finally, an arms trafficking via air detection manual was published and disseminated during briefings and events held in the latter half of 2012.

II.2.   SALW in the framework of political dialogue with third countries and regional organisations, SALW clauses

SALW issues were included in the agenda of a number of the EU's regular political dialogues with third countries and cooperation with regional organisations. Political dialogue meetings on non-proliferation, disarmament and arms control issues were organised at Council Working Group level with the Republic of Korea (Vienna, 18 September 2012) and Ukraine (Brussels, 6 November 2012) and informal consultations were held, inter alia, with India, Japan, South Africa and other countries on a regular basis. An EU-27-US dialogue covering all important topics of the non-proliferation, disarmament and arms control agenda took place in Brussels on 17 December 2012.

In line with the Council Conclusions on the inclusion of a SALW element in agreements between the EU and third countries adopted in December 2008, SALW elements are currently being negotiated with Afghanistan, Australia, Brunei, Canada, Kazakhstan, Malaysia, Mercosur, New Zealand and Singapore for inclusion in their respective agreements with the EU.

II.3.   Specific EU project assistance to third countries and regional organisations

(a)   Western Balkans

I.

The EU continued to fund demilitarisation efforts in the field of SALW, in particular through the implementation of Council Decision 2010/179/CFSP in support of SEESAC activities in the Western Balkans, which was adopted in March 2010. The implementation of the Council Decision was brought to a successful conclusion through the completion of the outstanding activities related to the improvement of stockpile management and surplus destruction in Bosnia and Herzegovina, Croatia and Serbia.

In Bosnia and Herzegovina, the replacement of doors at four SALW and ammunition storage sites was successfully completed in December 2012. A total of 41 doors were changed, securing access to the stockpiles. Together with the improvements to the security provisions of the central SALW and ammunition depot of the Croatian Ministry of Interior (MURAT) and the security infrastructure upgrades to the Taras ammunition storage of the Montenegro Ministry of Defence, the upgrades resulted in a significant increase in the security of stockpiles in the Western Balkans. Infrastructure upgrades were complemented with stockpile management capacity development through the design and delivery of a three-module comprehensive training course. A total of 58 operational level staff from Bosnia and Herzegovina, Croatia, Montenegro, Serbia and the former Yugoslav Republic of Macedonia were trained in planning and managing stockpile locations; inventory management and accounting procedures; and technical terms of stockpile facilities and transportation of SALW and associated ammunition.

Surplus stockpiles of SALW held by the Ministries of Interior in Croatia and Serbia were significantly reduced with a destruction of 78 205 weapons. In Croatia, the destruction of 4 620 SALW in the period July-December 2012 brought the total destroyed under the Council Decision to 32 920, surpassing the target number by 2 982 weapons. In Serbia, the destruction of 17 000 SALW in December 2012 brought the total number of weapons destroyed under the Council Decision to 45 285. In Croatia, the awareness raising campaign, which came to a close in December 2011, resulted in the collection of additional 186 pieces of illicit automatic weapons; 1 539 pieces of illicit fragmentation weapons; 201 pieces of legal weapons; 679 463 pieces of ammunition and 96,79 kg of explosive during the first months of 2012.

In terms of marking and tracing, software upgrades enhanced the national weapons registration and identification system in the former Yugoslav Republic of Macedonia, making it fully functional. A new electronic weapons registration system was designed and deployed in Montenegro.

Overall, activities under the Council Decision significantly advanced the implementation of the EU SALW Strategy in the Western Balkans.

II.

The EU is also considering a follow-up programme to continue to improve, through the Instrument for Stability (IfS) short-term component, the security, the safety and development perspectives for the individuals and the local communities that would be affected by accidental explosions at ammunition storage sites in Bosnia and Herzegovina. The UNDP implemented project will consist in a combination of the destruction of unstable and highly hazardous ammunition and the improvement of safety standards of the ammunition storage depots. The programme will also provide assistance to improve the ammunition inspection and verification mechanisms of the Bosnia and Herzegovina Government and to enhance legal and administrative expertise and good practice within the authorities.

(b)   OSCE region

In October 2012, the EU adopted a Council Decision in support of activities to reduce the risk of the illicit trade in and excessive accumulation of SALW in the OSCE region (Council Decision 2012/662/CFSP). This Council Decision will lead, inter alia, to security upgrades of SALW stockpile storage sites in Belarus and Kyrgyzstan, the destruction of surplus SALW in these two countries to prevent their diversion to the illegal trade, and the introduction of a SALW inventory management application to improve stockpile, record-keeping and tracing of SALW in several OSCE States.

(c)   Africa

I.

In the second half of 2012, the implementation of Council Decision 2012/121/CFSP in support of activities to promote EU-China-Africa dialogue and cooperation on conventional arms controls started. The first meeting of the Africa-EU-China EWG (Expert Working Group) was held in Brussels on 13 November 2012 and was followed by an ATT seminar attended by EWG members, officials, scholars and think tank experts from Africa, China and EU Member States and EU institutions on 14 November 2012. Both events allowed to increase mutual understanding between African, European, and Chinese interlocutors on respective positions in the ATT process and on conventional arms issues in general. The first meeting of the EWG also adopted a work plan for the next six months that will include further outreach events on ATT in China and Africa and the establishment of a joint African-EU-Chinese Research Centre on conventional arms.

II.

In the framework of the Instrument for Stability long-term component, the EU continued the implementation of a project to support the fight against the illicit accumulation of and trade in firearms and ammunition in Africa, through the Regional Centre on Small Arms and Light Weapons (RECSA), located in Nairobi. This project contributes to the implementation of the peace and security component of the Joint Africa-EU Strategy. Main activities include institutional strengthening of target countries and RECSA, promotion of effective SALW management (arms marking, record keeping, stockpile management and destruction) and information generation on SALW.

The current support to RECSA is due to end in June 2013 after the completion of a study examining the level of implementation of the regional and international SALW commitments of sub-Saharan countries. A second phase of EU support to RECSA was agreed in December 2012 and will commence in July 2013 upon completion of the current project.

III.

Moreover, the issue of the illicit spread of SALW in and from Libya was discussed in a series of meetings at various levels and the EU is preparing a Council decision to support efforts in this respect. In September 2012, a joint project by DanChurchAid (DCA) and Danish Refugee Council (DRC), which is funded by the Instrument for Stability short-term component, already started by providing risk education on SALW to the civilian population in Libya to help reduce the number of accidents related to, and the visual presence of, SALW. DCA will also advocate with local authorities policies on the safe management of SALW to help prevent armed violence.

IV.

Two further projects in African States, which are both funded by the Instrument for Stability short-term component, support assistance: 1. to the Government of South Sudan on arms control, in particular through capacity-building measures aimed at peacefully reducing the number of uncontrolled SALW in the hands of civilians in South Sudan; and 2. to the Government of Niger in effectively implementing its commitments from the ECOWAS Convention on SALW and the UN PoA. Both projects are being implemented by UNDP.

(d)   Central America

The EU continued the implementation of a project supporting the Central American Small Arms and Light Weapons Control Programme (CASAC). Through the Instrument for Stability long-term component, the project, which was previously implemented by UNDP, entered its second phase of support in September 2012 with the Security Commission of the Central American Integration System (SICA) as its implementing partner. The contribution of the EU project to the CASAC initiative aims at establishing the foundation for a regional structure and long-term strategy to fight the illicit trafficking of arms in Central America, both at national and regional level.

The project is implemented in Central America and neighbouring countries, including the Caribbean region (particular focus is put on Belize, Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica and Panama). Main activities include regional and national public awareness campaigns and conferences, strengthening of national coordination mechanisms and registry systems, and cross-border projects as well as training in various areas.

Moreover, the Instrument for Stability short-term component is also supporting the Instituto de Enseñanza para el Desarrollo Sostenible in the implementation of the SALW-related parts of the Central America Security Strategy.


17.5.2013   

EN

Official Journal of the European Union

C 138/13


COUNCIL DECISION

of 13 May 2013

appointing one member of the Management Board of the European Chemicals Agency

2013/C 138/04

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

(1)

Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

(2)

By Decision of 17 May 2011 (2) the Council appointed 15 members of the Management Board, including one from Denmark.

(3)

The Danish Government has informed the Council of its intention to replace the Danish representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

HAS ADOPTED THIS DECISION:

Article 1

Mr Peter ØSTERGÅRD HAVE of Danish nationality, born on 13 December 1976, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Eskil Toft THUESEN for the period from 13 May 2013 to 31 May 2015.

Article 2

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

Done at Brussels, 13 May 2013.

For the Council

The President

S. COVENEY


(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ C 151, 21.5.2011, p. 1.


17.5.2013   

EN

Official Journal of the European Union

C 138/14


COUNCIL DECISION

of 13 May 2013

appointing 12 members of the Management Board of the European Chemicals Agency

2013/C 138/05

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

(1)

Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

(2)

The members of the Management Board should be appointed on the basis of their relevant experience and expertise in the field of chemical safety or the regulation of chemicals whilst also ensuring that relevant expertise is available amongst the board members in the fields of general, financial and legal matters.

(3)

The duration of the term of office should be four years. It should be possible to renew the term of office once.

(4)

By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board.

(5)

The members of the Management Board nominated by the Czech Republic, Ireland, Spain, France, Italy, Luxembourg, Hungary, the Netherlands, Austria, Slovenia, Finland and Sweden were all appointed for a period ending on 31 May 2013. Members of the Management Board from these Member States should therefore be nominated and appointed for a period which commences on 1 June 2013 and runs until 31 May 2017.

(6)

Since the Decision of 7 June 2007, from the members appointed for the period ending on 31 May 2013, the French (3), Hungarian (4), Dutch (5), Slovenian (6), Finnish (7), and Swedish (8) members of the Management Board have been replaced.

(7)

The Council has received nominations from all the Member States concerned,

HAS ADOPTED THIS DECISION:

Article 1

The following persons shall be appointed members of the Management Board of the European Chemicals Agency (‘the Management Board’) for a second term running from 1 June 2013 to 31 May 2017 (name, nationality, date of birth):

Mr Karel BLÁHA, Czech, 20 December 1953,

Ms Ana FRESNO RUIZ, Spanish, 31 January 1952,

Mr Martin LYNCH, Irish, 13 August 1946,

Ms Catherine MIR, French, 20 February 1955,

Mr Antonello LAPALORCIA, Italian, 13 June 1952,

Mr Johannes Karel Barend Henri KWISTHOUT, Dutch, 6 June 1964,

Mr Thomas JAKL, Austrian, 13 June 1965,

Ms Simona FAJFAR, Slovenian, 17 November 1970,

Ms Pirkko Liisa KIVELÄ, Finnish, 23 October 1953,

Ms Nina CROMNIER, Swedish, 14 October 1966.

Article 2

The following persons shall be appointed members of the Management Board for a first term running from 1 June 2013 to 31 May 2017 (name, nationality, date of birth):

Mr Paul RASQUÉ, Luxembourgish, 8 July 1981,

Ms Krisztina BIRÓ, Hungarian, 5 April 1971.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 13 May 2013.

For the Council

The President

S. COVENEY


(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ C 134, 16.6.2007, p. 6.

(3)  OJ C 178, 31.7.2009, p. 12.

(4)  OJ C 288, 25.9.2012, p. 4.

(5)  OJ C 178, 31.7.2009, p. 13.

(6)  OJ C 326, 3.12.2010, p. 4.

(7)  OJ C 320, 16.12.2008, p. 4.

(8)  See footnote 6.


17.5.2013   

EN

Official Journal of the European Union

C 138/16


Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/486/CFSP, as implemented by Council Implementing Decision 2013/219/CFSP, and in Council Regulation (EU) No 753/2011, as implemented by Council Implementing Regulation (EU) No 451/2013 concerning restrictive measures in view of the situation in Afghanistan apply

2013/C 138/06

The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/486/CFSP, as implemented by Council Implementing Decision 2013/219/CFSP (1), and in Annex I to Council Regulation (EU) No 753/2011, as implemented by Council Implementing Regulation (EU) No 451/2013 (2) concerning restrictive measures in view of the situation in Afghanistan.

The United Nations Security Council adopted Resolution 1988 (2011), imposing restrictive measures with respect to individuals and entities designated, prior to the date of adoption of that Resolution, as the Taliban, and other individuals, groups, undertakings and entities associated with them, as specified in Section A (‘Individuals associated with the Taliban’) and Section B (‘Entities and other groups and undertakings associated with the Taliban’) of the Consolidated List of the Committee established pursuant to Resolutions 1267 (1999) and 1333 (2000), as well as other individuals, groups, undertakings and entities associated with the Taliban.

On 16 and 22 April 2013, the Committee established pursuant to paragraph 30 of United Nations Security Council Resolution 1988 (2011) amended and updated the list of individuals, groups, undertakings and entities subject to restrictive measures.

The persons concerned may submit at any time a request to the UN Committee established pursuant to paragraph 30 of UNSCR 1988 (2011), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such request should be sent to the following address:

United Nations — Focal point for delisting

Security Council Subsidiary Organs Branch

Room TB-08045D

United Nations

New York, NY 10017

UNITED STATES OF AMERICA

Tel. +1 9173679448

Fax +1 2129631300 / 3778

E-mail: delisting@un.org

See for more information at: http://www.un.org/sc/committees/1988/index.shtml

Further to the UN decision, the Council of the European Union has determined that the persons designated by the UN should be included in the lists of persons, groups, undertakings and entities which are subject to the restrictive measures provided for in Council Decision 2011/486/CFSP and Council Regulation (EU) No 753/2011. The grounds for listing of the persons concerned appear in the relevant entries in the Annex to the Council Decision and in Annex I to the Council Regulation.

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 753/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 5 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 lists should be reconsidered, to the following address:

Council of the European Union

General Secretariat

DG C — Unit 1C (Horizontal Issues)

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

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 133, 17.5.2013, p. 22.

(2)  OJ L 133, 17.5.2013, p. 1.


17.5.2013   

EN

Official Journal of the European Union

C 138/18


Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2010/656/CFSP and in Council Regulation (EC) No 560/2005 concerning restrictive measures against Côte d'Ivoire apply

2013/C 138/07

THE COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons that appear in Annex II to Decision 2010/656/CFSP (1) and Annex IA to Regulation (EC) No 560/2005 (2) concerning restrictive measures against Côte d'Ivoire.

Following a review of the lists of persons appearing in the above annexes, the Council of the European Union has decided that those persons should continue to remain subject to the restrictive measures provided for under that Council Decision and Council Regulation.

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 in the websites in Annex II of Regulation (EC) No 560/2005, in order to obtain an authorisation, if it is justified, to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

For the purpose of the Council's next review of the list of persons subject to restrictive measures, the persons concerned may submit a request to the Council before 31 March 2014, together with supporting documentation, that the decision to include them on the said list should be reconsidered, to the following address:

Council of the European Union

General Secretariat

DG C — Unit 1C (Horizontal Issues)

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Attention is also drawn to the possibility for each person concerned 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 285, 30.10.2010, p. 28.

(2)  OJ L 95, 14.4.2005, p. 1.


European Commission

17.5.2013   

EN

Official Journal of the European Union

C 138/19


Euro exchange rates (1)

16 May 2013

2013/C 138/08

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,2890

JPY

Japanese yen

132,15

DKK

Danish krone

7,4529

GBP

Pound sterling

0,84550

SEK

Swedish krona

8,5893

CHF

Swiss franc

1,2444

ISK

Iceland króna

 

NOK

Norwegian krone

7,5360

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,980

HUF

Hungarian forint

290,51

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6992

PLN

Polish zloty

4,1827

RON

Romanian leu

4,3342

TRY

Turkish lira

2,3591

AUD

Australian dollar

1,3120

CAD

Canadian dollar

1,3140

HKD

Hong Kong dollar

10,0069

NZD

New Zealand dollar

1,5796

SGD

Singapore dollar

1,6150

KRW

South Korean won

1 441,84

ZAR

South African rand

12,0720

CNY

Chinese yuan renminbi

7,9263

HRK

Croatian kuna

7,5695

IDR

Indonesian rupiah

12 578,24

MYR

Malaysian ringgit

3,8818

PHP

Philippine peso

53,231

RUB

Russian rouble

40,4550

THB

Thai baht

38,412

BRL

Brazilian real

2,6151

MXN

Mexican peso

15,8096

INR

Indian rupee

70,6050


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


V Announcements

ADMINISTRATIVE PROCEDURES

European Food Safety Authority

17.5.2013   

EN

Official Journal of the European Union

C 138/20


Call for expressions of interest for the position of member of the Management Board of the European Food Safety Authority

2013/C 138/09

Applications are invited for the positions of 7 out of 14 members of the Management Board of the European Food Safety Authority established by 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). The Authority is located in Parma, Italy.

THE EUROPEAN FOOD SAFETY AUTHORITY

The European Food Safety Authority (EFSA) is the keystone of the European Union system of risk assessment for food and feed safety. The Authority was established to provide scientific advice and support for Union legislation and policies in all fields that may have a direct or indirect impact on food and feed safety, as well as closely associated questions in the field of animal health and welfare and plant health. It provides independent information on these matters and communicates on risks. Its mission also includes provision of scientific advice in many areas of food and feed law and whenever Union legislation so requires, including new food technologies such as GMOs. The Authority is widely recognised as the accepted point of reference by virtue of its independence, the scientific quality of its opinions and public information, the transparency of its procedures and its diligence in performing its tasks. In addition to having its own specialist personnel, the Authority is supported by networks of competent organisations in the EU.

Legal background

In accordance with Article 25 of the above mentioned Regulation, ‘the members of the Board shall be appointed in such a way as to secure the highest standards of competence, a broad range of relevant expertise and, consistent with these, the broadest possible geographic distribution within the Union’. In addition, four of the members of the Management Board ‘shall have their background in organisations representing consumers and other interests in the food chain’.

Furthermore, recital 40 of the aforementioned Regulation stipulates that ‘Cooperation with Member States is also indispensable’ and recital 41 states that ‘the Management Board should be appointed in such a way as 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. This should be facilitated by a rotation of the different countries of origin of the members of the Management Board without any post being reserved for nationals of any specific Member State.’

Role and operation of the Management Board

The responsibilities of the Management Board include, in particular:

general monitoring of the work of the Authority to ensure that it carries out its mission and performs the tasks assigned to it in accordance with its mandate and within a culture of independence and transparency;

the appointment of the Executive Director on the basis of a list of candidates drawn up by the Commission, and, if necessary, his or her dismissal;

the appointment of the members of the scientific committee and panels, which are responsible for providing the scientific opinions of the Authority;

the adoption of annual and multi-annual programmes of work of the Authority and the general report of annual activities;

the adoption of the Authority’s internal rules and financial regulation.

The Board operates by formal meetings, private sessions, informal contacts between members and correspondence. EFSA papers, Board correspondence and private or informal sessions are in English. Formal sessions include interpretation where Members need this. The Board meets four to six times per year, mainly in Parma.

Composition of the Management Board

The Management Board is composed of 14 members, plus a representative of the Commission, as stated in Article 25(1) of Regulation (EC) No 178/2002 (2). Four of the members shall have their background in organisations representing consumers and other interests in the food chain. The term of office of seven members of the current Management Board expires on 30 June 2014, in accordance with Council Decision 2010/C 171/05 (3). The term of office of the other seven members will end on 30 June 2016, in accordance with Council Decision 2012/C 192/01 (4).

Current membership of the Board can be viewed on EFSA’s website http://www.efsa.europa.eu/en/mb/mbmembers.htm

This publication concerns applications for the positions of those seven members of the Management Board whose term of office expires on 30 June 2014.

Qualifications for the position and selection criteria

The members of the Management Board shall meet the highest standards of competence, encompassing a broad range of relevant expertise and a commitment to act independently.

To that end, applicants are required to complete an application form and a declaration of interest form that include specific commitments and declarations made on their honour that may lead to exclusion from the call if they are not signed (see annexes). Once appointed by the Council, they will have to make an annual written declaration of interests and to declare at each meeting of the Management Board any interest which might be considered as prejudicial to their independence in relation to the items on the agenda.

The purpose of the Declaration of Interest form is to demonstrate the candidate's ability to exercise the function of member of EFSA's Management Board in line with EFSA's internal rules on independence (http://www.efsa.europa.eu/en/values/independence.htm) and the Code of Conduct of EFSA's Management Board (http://www.efsa.europa.eu/en/efsawho/mb.htm). These rules stipulate that Board members shall refrain from involvement in any activity that could result in a conflict of interest or is likely to provoke the perception of a conflict of interest in the general public.

The particular situation of a candidate applying as a member having a background in organisations representing consumers or other interests in the food chain will be taken into account. See section below entitled ‘Members of the Management Board having a background in organisations representing consumers or other interest in the food chain’.

To qualify for the position, the candidates shall be nationals of an EU Member State and shall demonstrate:

1.

that they have at least 15 years of experience in one or more of the five areas of competence listed below, including at least five years at a senior level:

provision of independent scientific advice and scientific and technical support for the preparation of European Union legislation and policies in all fields which have a direct or indirect impact on food and feed safety;

management and public administration (including human resources, legal and financial aspects);

development of policies ensuring integrity, independence, transparency, ethical practices and high scientific quality advice while maintaining reliability with stakeholders;

effective communication and information to the public on scientific work;

ensuring necessary coherence between: risk assessment, risk management and risk communication functions;

2.

that they have at least 5 years of experience gained from work in connection with food and feed safety, or other areas related to the Authority’s mission, notably in the field of animal health and welfare, protection of the environment, plant health and nutrition;

3.

their ability to operate in a multilingual, multicultural and multidisciplinary environment;

4.

their commitment to act independently:

they are expected to observe the highest standard of ethical conduct, act honestly, independently, impartially, with discretion and without regard to self-interest, and avoid any situation liable to give rise to a personal conflict of interests.

The following criteria will apply for the evaluation of candidates, who will be assessed on the basis of comparative merits, and on their commitment to act independently:

expertise and ability to contribute effectively to one or more of the areas of competence mentioned above;

expertise in the field of food and feed safety, or other areas related to the Authority’s mission;

ability to operate in a multilingual, multicultural and multidisciplinary environment.

The shortlist of candidates will also be analysed in view of the following requirements for the Board composition:

well-balanced, collective expertise of the Management Board members;

broadest possible geographical distribution based on the rotation of the different nationalities of the Management Board members.

To that purpose, it should be noted that members whose term of office ends on 30 June 2014 and 30 June 2016 respectively, already include nationals of Belgium, Czech Republic, Denmark, France, Italy, Cyprus, Poland, Portugal, Romania, Slovakia, Finland, Sweden, and the United Kingdom. To date, the Board has not included nationals of Bulgaria, Estonia, Latvia, Lithuania, Luxembourg and Malta.

Participation in the Board meetings/Reimbursement and indemnities

Members will need to make a high level of commitment to participate in the meetings of the Management Board. They are asked to confirm in the application form their availability to actively participate in the Management Board. It is estimated that the Management Board will meet four to six times per year. Members of the Board are not remunerated, but will be reimbursed for their normal travel and subsistence costs. They will also receive indemnities for each day spent at meetings in accordance with Article 12 of the Rules of Procedure of the Management Board of EFSA, which states that ‘members of the Management Board other than the Commission representative and those employed by a national public body or institution will receive a daily indemnity of EUR 385 for each meeting of the Board at which he/she is present’.

Members of the Management Board having a background in organisations representing consumers or other interests in the food chain

Candidates are asked to indicate and justify in their application if they wish to be considered as one of the four Board Members having a background in organisations representing consumers or other interests in the food chain. The justification should include details of their background in organisations representing consumers or other interests in the food chain.

Appointment and term of mandate

With the exception of the Commission representative, who is appointed by the Commission, members of the Management Board are appointed by the Council, in consultation with the European Parliament, from the list drawn up by the Commission on the basis of this call for expressions of interest. The term of office shall be 4 years and can be renewed once. Applicants should note that the Commission’s list will be made public and that they have the right to object to publication of their names by contacting the Commission at the address indicated in the specific privacy statement for this call (see also the section below entitled ‘Protection of personal data’). The exercise of this right will not prejudice the candidate's application. Individuals on the Commission’s list who are not appointed may be invited to constitute a reserve list to be used in the event of the need to replace members who are unable to complete their mandate.

Equal opportunities

Great care will be taken to avoid any form of discrimination and applications from women are encouraged.

Application procedure and closing date

Applications shall comply with the requirements set out below; otherwise they will not be taken into consideration.

1.

Interested persons must complete the application form and the form on declaration of interests below, which can both also be downloaded for on-screen completion from the Directorate-General for Health and Consumers’ website at: http://ec.europa.eu/food/efsa/efsa_management_board_en.htm

After completion, the application form and the form on declaration of interests should be printed (if using the on-screen version), signed and dated by the applicant.

2.

The application must include:

(a)

the completed application form (signed);

(b)

the completed form on declaration of interests (signed);

(c)

a CV of minimum 1,5 pages and maximum 3 pages.

3.

The application form, the declaration of interest form, the CV, and any supporting documents have to be written in an official language of the European Union. It would, however, be appreciated, without it being a requirement, if a summary of experience and other pertinent information could be provided in English in order to facilitate the selection procedure. All applications will be treated as confidential. Supporting documents must be submitted at a later stage, if requested.

4.

The final deadline for submission of applications is 12 July 2013.

5.

The complete application must be sent:

(a)

either by post or by courier service not later than 12 July 2013, in which case the evidence of the date of dispatch shall be constituted by the postmark or the date of the deposit slip, to the following address:

European Commission

Directorate-General for Health and Consumers

Unit 03

For the attention of Mr R. VANHOORDE (Application for the EFSA Management Board)

Office F-101 (Tour) 04/168

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(b)

or delivered by hand to the following address:

European Commission

Directorate-General for Health and Consumers

Unit 03

For the attention of Mr R. VANHOORDE (Application for the EFSA Management Board)

Avenue du Bourget/Bourgetlaan 1-3

1140 Bruxelles/Brussel (Evere)

BELGIQUE/BELGIË

not later than 16.00 on 12 July 2013. In the case of (b), a receipt must be obtained as proof of submission, signed and dated by the official in the Commission's central mail department who took delivery. The department is open from 8.00 to 17.00 Monday to Thursday, and from 8.00 to 16.00 on Fridays. It is closed on Saturdays, Sundays and Commission holidays.

Neither applications sent by electronic mail or fax, nor those sent directly to the European Food Safety Authority will be accepted.

6.

In submitting an application, applicants accept the procedures and conditions as described in this call and in the documents to which it refers. In compiling their applications, applicants may under no circumstances refer to any documents of any type submitted in prior applications (e.g. photocopies of previous applications will not be accepted). Any misrepresentation in supplying the required information may lead to exclusion from the present call.

7.

All candidates applying to this call for expressions of interest will be informed about the outcome of the selection process.

Protection of personal data

The Commission will ensure that candidates’ personal data are processed as required by 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 Union institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). This applies in particular to the confidentiality and security of such data. For more detailed information on the scope, purposes and means of the processing of their personal data in the context of this call, candidates are invited to consult the specific privacy statement published on the call web page at the following address http://ec.europa.eu/food/efsa/efsa_management_board_en.htm

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(1)  OJ L 31, 1.2.2002, p. 1.

(2)  OJ L 31, 1.2.2002, p. 13.

(3)  OJ C 171, 30.6.2010, p. 3.

(4)  OJ C 192, 30.6.2012, p. 1.


PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

17.5.2013   

EN

Official Journal of the European Union

C 138/32


Notice concerning the anti-subsidy measures on imports of certain polyethylene terephthalate originating, inter alia, in Pakistan and a partial reopening of the anti-subsidy investigation concerning imports of certain polyethylene terephthalate originating, inter alia, in Pakistan

2013/C 138/10

By its judgment of 11 October 2012 in Case T-556/10, the General Court of the European Union (‘the General Court’) annulled Article 1 of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (1) (‘the definitive anti-subsidy Regulation’ or ‘the contested Regulation’) in so far as it concerns the Pakistani exporting producer Novatex Ltd (‘Novatex’ or ‘the company concerned’), in so far as the definitive countervailing duty for imports of certain types of polyethylene terephthalate into the European Union exceeds that applicable in the absence of an error concerning the amount indicated in line 74 of the 2008 tax return.

1.   Partial reopening of the anti-subsidy investigation

The General Court found that the Commission and the Council had infringed Article 3(2) of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (2) (‘the basic Regulation’) as, in determining the subsidy amount for Novatex under the Final Tax Regime, they should have taken account of the fact that line 74 of the 2008 tax return of the company concerned had been revised.

It is recognised by the Courts (3) 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-subsidy proceeding is an example of such a multi-step proceeding. Consequently, the annulment of parts of the definitive anti-subsidy 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 11 October 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 partial annulment, while leaving unchanged the uncontested parts which are not affected by the judgment (4). 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-subsidy investigation concerning imports of certain polyethylene terephthalate originating, inter alia, in Pakistan initiated pursuant to the basic Regulation. The reopening is limited in scope to the implementation of the finding of the General Court as far as Novatex is concerned.

2.   Procedure

Having determined, after consulting the Advisory Committee, that a partial reopening of the anti-subsidy investigation is justified, the Commission hereby partially reopens the anti-subsidy investigation concerning imports of certain polyethylene terephthalate originating, inter alia, in Pakistan initiated pursuant to Article 10 of the basic Regulation by a notice published in the Official Journal of the European Union  (5).

The reopening is limited in scope to the implementation of the abovementioned judgment as far as the determination of the subsidy amount for Novatex under the Final Tax Regime and the consequent impact thereof on the countervailing duty rate applicable to Novatex is 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 3(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 3(b).

3.   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.

4.   Written submissions and correspondence

All written submissions, including the information requested in this notice and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (6).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. 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.

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 the name, address, e-mail address, telephone and fax numbers of the interested party. However, any powers of attorney, and any updates thereof, 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 28(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:

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: TRADE-PET-SUBSIDY@ec.europa.eu

Fax +32 22985748

5.   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 28 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 28 of the basic Regulation, of the facts available.

If an interested party does not cooperate or cooperates only partially, and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

6.   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 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 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

7.   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 (7).


(1)  OJ L 254, 29.9.2010, p. 10.

(2)  OJ L 188, 18.7.2009, p. 93.

(3)  Case T-2/95 Industrie des poudres sphériques (IPS) v Council [1998] ECR II-3939.

(4)  Case C-458/98 P Industrie des poudres sphériques (IPS) v Council [2000] ECR I-08147.

(5)  OJ C 208, 3.9.2009, p. 7.

(6)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. 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).

(7)  OJ L 8, 12.1.2001, p. 1.


PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

17.5.2013   

EN

Official Journal of the European Union

C 138/35


Prior notification of a concentration

(Case COMP/M.6939 — CVC/ISTA)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 138/11

1.

On 8 May 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 CVC Capital Partners SICAV-FIS SA (‘CVC’, Luxemburg) will acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, indirect sole control over ISTA International GmbH (Germany) as well as over the current direct shareholder of ISTA International GmbH ISTA Luxemburg GmbH (Luxembourg) (collectively ‘ISTA’) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

for CVC: advice to and management of investment funds,

for ISTA: consumption based measurement and invoicing of electricity, gas, heat and water.

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.6939 — CVC/ISTA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

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’).