ISSN 1977-091X |
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Official Journal of the European Union |
C 196 |
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English edition |
Information and Notices |
Volume 57 |
Notice No |
Contents |
page |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2014/C 196/01 |
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NOTICES FROM MEMBER STATES |
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2014/C 196/02 |
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2014/C 196/03 |
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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
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EFTA Surveillance Authority |
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2014/C 196/04 |
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2014/C 196/05 |
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2014/C 196/06 |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2014/C 196/07 |
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OTHER ACTS |
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European Commission |
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2014/C 196/08 |
EN |
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IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
26.6.2014 |
EN |
Official Journal of the European Union |
C 196/1 |
Euro exchange rates (1)
25 June 2014
(2014/C 196/01)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,3615 |
JPY |
Japanese yen |
138,73 |
DKK |
Danish krone |
7,4550 |
GBP |
Pound sterling |
0,80225 |
SEK |
Swedish krona |
9,1734 |
CHF |
Swiss franc |
1,2168 |
ISK |
Iceland króna |
|
NOK |
Norwegian krone |
8,3585 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
27,435 |
HUF |
Hungarian forint |
307,23 |
LTL |
Lithuanian litas |
3,4528 |
PLN |
Polish zloty |
4,1504 |
RON |
Romanian leu |
4,3925 |
TRY |
Turkish lira |
2,9135 |
AUD |
Australian dollar |
1,4539 |
CAD |
Canadian dollar |
1,4620 |
HKD |
Hong Kong dollar |
10,5537 |
NZD |
New Zealand dollar |
1,5652 |
SGD |
Singapore dollar |
1,7028 |
KRW |
South Korean won |
1 387,97 |
ZAR |
South African rand |
14,4494 |
CNY |
Chinese yuan renminbi |
8,4884 |
HRK |
Croatian kuna |
7,5765 |
IDR |
Indonesian rupiah |
16 458,09 |
MYR |
Malaysian ringgit |
4,3902 |
PHP |
Philippine peso |
59,714 |
RUB |
Russian rouble |
45,9875 |
THB |
Thai baht |
44,208 |
BRL |
Brazilian real |
3,0133 |
MXN |
Mexican peso |
17,7689 |
INR |
Indian rupee |
81,8704 |
(1) Source: reference exchange rate published by the ECB.
NOTICES FROM MEMBER STATES
26.6.2014 |
EN |
Official Journal of the European Union |
C 196/2 |
Reorganisation measures
Decision on a reorganisation measure in respect of Societatea Carpatica Asig S.A.
(2014/C 196/02)
Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings
Insurance undertaking |
Societatea Carpatica Asig S.A., with its registered office at str. Nicolaus Olahus nr. 5, Turnul A, et.3-6, Centrul de Afaceri Sibiu, Sibiu, Romania, registered at the Office of the Trade Register with No J32/1053/29.11.1996 and Tax Code 8990884 |
Date, entry into force and nature of the decision |
Decision No 183 of 16 May 2014 on launching the financial recovery procedure, based on a financial recovery plan, for Carpatica Asig S.A. |
Competent authorities |
The Financial Supervisory Authority (ASF), with its head office at Splaiul Independenței nr. 15, sector 5, Bucharest, Romania |
Supervisory authority |
The Financial Supervisory Authority (ASF), with its head office at Splaiul Independenței nr. 15, sector 5, Bucharest, Romania |
Administrator appointed |
— |
Applicable law |
Romania Government Emergency Order No 93/2012 on the establishment, organisation and functioning of the Financial Supervisory Authority, approved with amendments by Law No 113/2013, as amended; Law No 503/2004 on financial recovery, insolvency, voluntary dissolution and winding-up of insurance business, republished; Law No 32/2000 on insurance and insurance supervision, as amended. |
26.6.2014 |
EN |
Official Journal of the European Union |
C 196/3 |
Reorganisation measures
Decision on a reorganisation measure in respect of DIRECT Pojišťovna, a.s., in liquidation
(2014/C 196/03)
Notification made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings.
Insurance undertaking |
DIRECT Pojišťovna, a.s., in liquidation Registered office:
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Date, entry into force and nature of the decision |
Czech National Bank decision No 2014/2850/570 of 18 March 2014, file No Sp/2014/41/571, withdrawing authorisation to conduct insurance business, which entered into force on 1 April 2014. |
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Competent authorities |
Czech National Bank Registered office:
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Supervisory authority |
Czech National Bank Registered office:
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Administrator appointed |
By decision No 2014/2738/570 of 18 March 2014, file No Sp/2014/33/573, the Czech National Bank appointed Mr Roman Fink, Dolní Bělá – Líté 48, postcode: 331 52, date of birth: 24 March 1978, as liquidator. |
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Applicable law |
Czech law, and in particular the relevant provisions of the Civil Code (Act No 89/2012, as amended), the Business Corporations Act (Act No 90/2012, as amended) and the Insurance Act (Act No 277/2009, as amended). |
NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
EFTA Surveillance Authority
26.6.2014 |
EN |
Official Journal of the European Union |
C 196/4 |
State aid — Decision to raise no objections
(2014/C 196/04)
The EFTA Surveillance Authority raises no objections to the following State aid measure:
Date of adoption of the decision |
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26 February 2014 |
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Case number |
: |
73992 |
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Decision number |
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90/14/COL |
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EFTA State |
: |
Iceland |
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Title (and/or name of the beneficiary) |
: |
Norðurþing Harbour fund |
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Legal basis |
: |
Article 61(3)(c) of the EEA Agreement |
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Type of measure |
: |
Individual aid |
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Objective |
: |
Infrastructure financing for regional development |
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Form of aid |
: |
Equity, municipality loan and subordinated loan |
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Budget |
: |
ISK 969 million |
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Duration |
: |
15 years for municipality loan and 25 years for subordinated loan |
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Economic sectors |
: |
Port infrastructure |
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Name and address of the granting authority |
: |
and
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The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
26.6.2014 |
EN |
Official Journal of the European Union |
C 196/5 |
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
(2014/C 196/05)
PART I
Aid reference |
GBER 2/2014/R&D |
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EFTA State |
Norway |
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Region |
Oslo and Akershus |
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Granting authority |
Name |
City of Oslo |
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Address |
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Webpage |
www.oslo.kommune.no |
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Title of the aid measure |
Regional innovation programme 2014 |
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National legal basis (Reference to the relevant national official publication) |
Prop. 1 S (2012-2013) http://www.regjeringen.no/nb/dep/fin/dok/regpubl/prop/2012-2013/prop-1-s-20122013--20122013.html?id=703367 |
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Web link to the full text of the aid measure |
http://www.akershus.no/ansvarsomrader/neringsutvikling/innovasjon%20og%20nettverk/regionalt-innovasjonsprogram/ |
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Type of measure |
Scheme |
Yes |
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Duration |
Scheme |
1.1.2014 to 31.12.2014 |
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Economic sector(s) concerned |
All economic sectors eligible to receive aid |
All sectors |
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Type of beneficiary |
SME |
Yes |
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Large enterprises |
Yes |
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Budget |
Annual overall amount of the budget planned under the scheme |
Total amount (2014) EUR 1 351 250 |
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Aid instrument (Art.5) |
Grant |
Yes |
PART II
General Objectives (list) |
Objectives (list) |
Maximum aid intensity in % or Maximum aid amount in NOK |
SME – bonuses in % |
Aid for consultancy in favour of SMEs and SME participation in fairs (Art. 26-27) |
Aid for consultancy in favour of SMEs (Art. 26) |
50 % |
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Aid for research, development and innovation (Art. 30-37) |
Aid to young innovative enterprises (Art. 35) |
EUR 1 million |
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Aid for innovation advisory services and for innovation support services (Art. 36) |
EUR 200 000 per beneficiary within any three-year period |
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Training aid (Art. 38-39) |
Specific training (Art. 38(1)) |
25 % |
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General training (Art. 38(2)) |
60 % |
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26.6.2014 |
EN |
Official Journal of the European Union |
C 196/7 |
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation))
(2014/C 196/06)
PART I
Aid reference |
GBER 3/2014/TRA |
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EFTA State |
Norway |
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Granting authority |
Name |
Innovation Norway |
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Address |
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Webpage |
www.innovationnorway.com |
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Title of the aid measure |
Bioenergy Scheme |
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National legal basis (Reference to the relevant national official publication) |
State budget, Green paper 1 S (2013–2014) Proposition to the Parliament (proposal for parliamentary resolution) Ch. 1150 item 50, page 115 and ch. 1149 item 73, page 110 (1) http://www.regjeringen.no/pages/38489957/PDFS/PRP201320140001LMDDDDPDFS.pdf |
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Web link to the full text of the aid measure |
http://www.innovasjonnorge.no/Landbruk/Tjenester/Bioenergi/Bioenergiprogrammet/ |
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Type of measure |
Scheme |
Yes |
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Amendment of an existing aid measure |
The listed scheme will expire. |
GBER 3/2009/TRA expired 1.1.2014 |
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Duration |
Scheme |
1.2.2014-31.12.2014 |
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Economic sector(s) concerned |
All economic sectors eligible to receive aid |
Yes |
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Type of beneficiary |
SME |
Yes |
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Large enterprises |
Yes |
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Budget |
Annual overall amount of the budget planned under the scheme |
NOK 2 million per year |
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Aid instrument (Art. 5) |
Grant |
Yes |
PART II
General Objectives (list) |
Objectives (list) |
Maximum aid intensity in % or Maximum aid amount in NOK |
SME — bonuses in % |
Training aid (Art. 38-39) |
Specific training (Art. 38(1)) |
25 % |
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General training (Art. 38(2)) |
60 % |
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(1) Prop. 1 S (2013–2014) Proposisjon til Stortinget (forslag til stortingsvedtak) Kap. 1150 post 50, side 115 og Kap 1149 post 73, side 110.
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
26.6.2014 |
EN |
Official Journal of the European Union |
C 196/9 |
Notice of initiation of an anti-dumping proceeding concerning imports of stainless steel cold-rolled flat products originating in the People’s Republic of China and Taiwan
(2014/C 196/07)
The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of stainless steel cold-rolled flat products, originating in the People’s Republic of China and Taiwan, are being dumped and are thereby causing material injury to the Union industry.
1. Complaint
The complaint was lodged on 13 May 2014 by EUROFER (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of stainless steel cold-rolled flat products.
2. Product under investigation
The product subject to this investigation is flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced) (‘the product under investigation’).
3. Allegation of dumping
The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China and Taiwan (‘the countries concerned’), currently falling within CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81 and 7220 20 89. These CN codes are given for information only.
Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China is considered to be a non-market economy country, the complainant has established a normal value for the imports from the People’s Republic of China on the basis of the price in a market economy Third Country, namely the United States of America. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.
In the absence of reliable data on domestic prices for Taiwan, the allegation of dumping is based on a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs — SG&A — and profit) with the export price (at ex-works level) of the product under investigation when sold for export to the Union.
The dumping margins calculated on this basis are significant for both countries concerned.
4. Allegation of injury and causation
The complainant has provided evidence that imports of the product under investigation from the countries concerned have increased overall in absolute terms and in terms of market share.
The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.
5. Procedure
Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.
The investigation will determine whether the product under investigation originating in the countries concerned is being dumped and whether the dumped imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.
5.1. Procedure for the determination of dumping
Exporting producers (2) of the product under investigation from the countries concerned are invited to participate in the Commission investigation.
5.1.1. Investigating exporting producers
5.1.1.1.
(a) Sampling
In view of the potentially large number of exporting producers in the countries concerned involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number 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 exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to 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 information on their companies requested in Annex I to this notice.
In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the countries concerned and may contact any known associations of exporting producers.
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 exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the countries concerned and associations of exporting producers will be notified by the Commission, via the authorities of the countries concerned if appropriate, of the companies selected to be in the sample.
In order to obtain information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers, and to the authorities of the countries concerned.
All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.
Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to Section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample. (3)
(b) Individual dumping margin for companies not included in the sample
Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the non-market economy country who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in Section 5.1.1.2 (b) below.
However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.
5.1.1.2.
(a) Selection of a market economy Third Country
Subject to the provisions of Section 5.1.2.2 (b) below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People’s Republic of China normal value will be determined on the basis of the price or constructed value in a market economy Third Country. For this purpose the Commission will select an appropriate market economy Third Country. The Commission has provisionally chosen the United States of America. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union are, inter alia, India, South Africa, South Korea and Taiwan. With the aim of finally selecting the market economy Third Country the Commission will examine whether there is production and sales of the product under investigation in those market economy Third Countries for which there are indications that the production of the product under investigation is taking place.
(b) Treatment of exporting producers in the non-market economy country concerned
In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (4) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.
The Commission will send MET claim forms to all the exporting producers in the People’s Republic of China selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the People’s Republic of China. The Commission will assess only MET claim forms submitted by the exporting producers in the People’s Republic of China selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.
All exporting producers claiming MET must submit a completed MET claim form within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.
5.1.2. Investigating unrelated importers (5) (6)
Unrelated importers of the product under investigation from the countries concerned to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties 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 companies requested in Annex II 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 investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.
In order to obtain 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.
5.2. Procedure for the determination of injury and investigating Union producers
A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.
In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 17 of the basic Regulation.
The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.6 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.
All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.
All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.
In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
5.3. Procedure for the assessment of Union interest
Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of 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 investigation.
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 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 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 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 information may be disregarded.
Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
European Commission |
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Directorate-General for Trade |
||||
Directorate H |
||||
Office: N105 08/020 |
||||
1049 Bruxelles/Brussel |
||||
BELGIQUE/BELGIË |
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E-mail: |
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6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
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 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 dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.
For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/
8. Schedule of the investigation
The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.
9. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and 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 L 343, 22.12.2009, p. 51.
(2) An exporting producer is any company in the countries concerned which produces and exports the product under investigation 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 investigation.
(3) Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.
(4) The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.
(5) 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 I
ANNEX II
OTHER ACTS
European Commission
26.6.2014 |
EN |
Official Journal of the European Union |
C 196/20 |
Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs
(2014/C 196/08)
This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).
SINGLE DOCUMENT
COUNCIL REGULATION (EC) No 510/2006
on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2)
‘WESTFÄLISCHER PUMPERNICKEL’
EC-No: DE-PGI-0005-01095 — 22.2.2013
PGI ( X ) PDO ( )
1. Name
‘Westfälischer Pumpernickel’
2. Member State or Third Country
Germany
3. Description of the agricultural product or foodstuff
3.1. Type of product
Class 2.4. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares
3.2. Description of product to which the name in (1) applies
General description: Crustless black or very dark wholemeal bread made of rye meal. The grain structure of the rye grain can be seen clearly in the crumbs. The bread has a very specific bittersweet taste.
Typical formats are rectangular or round. The very tight and moist crumb and the types of sugar that are formed during the extremely long baking time due to the breakdown of the starch contained in the rye mean that the individual slices of sliced ‘Westfälischer Pumpernickel’ stick together very easily.
Composition: Wholemeal bread consisting of at least 90 % coarsely ground rye flour or wholemeal rye grain or a mixture of both, water, salt, yeast, and previously baked ‘Westfälischer Pumpernickel’ bread; optional: other grain-based ingredients (such as malt) or sugar beet (e.g. sugar beet crowns (= syrup) or other processed products). No preservatives may be added.
Chemical/Microbiological properties
The chemical composition of ‘Westfälischer Pumpernickel’ differs from other wholemeal bread, because its long baking time causes the starch (polysaccharide) enzymes to break down into considerable amounts of mono-, di- and oligosaccharides.
The fact that ‘Westfälischer Pumpernickel’ is a pure rye bread already distinguishes it from most other kinds of bread. Thus its properties differ from most other kinds of bread. This is because the level of pentosans in the rye dough (6 % to 8 % in rye, as opposed to 2 % to 3 % in wheat) means that the gluten cannot form an adhesive gluten skeleton. Thus the rye dough contains less gas than wheat dough. This means that rye bread is heavier than wheat bread and has a denser crumb. In view of these special baking properties of rye, which are often undesirable, breads made from a wheat and rye mix are commonly produced, whereas pure rye bread is rare.
‘Westfälischer Pumpernickel’ is characterised by its very long shelf life. Shrink-wrapped, it can keep for several months or up to two years in tins.
3.3. Raw materials (for processed products only)
At least 90 % coarsely ground rye flour or wholemeal rye grain or a mixture of both, water, salt, yeast and previously baked ‘Westfälischer Pumpernickel’ bread that conforms to the specifications; optional: other grain-based ingredients (such as malt) or sugar beet (e.g. sugar beet crowns (= syrup) or other processed products).
3.4. Feed (for products of animal origin only)
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3.5. Specific steps in production that must take place in the identified geographical area
The production process from the mixing of the dough to the baking must take place in the defined geographical area. If previously baked pumpernickel bread is added as an ingredient, it must also be ‘Westfälischer Pumpernickel’ produced according to this specification and it must also have been produced in the defined area. Adding this previously baked pumpernickel bread helps the product to stay fresh and intensifies the flavour. This ingredient must come from the geographical region because ‘Westfälischer Pumpernickel’ has traditionally always been made using previously baked ‘Westfälischer Pumpernickel’ bread and customers would consider adding other bread to be fraudulent. Explanation: This ingredient is nothing more than ‘using up leftovers’, which can be leftover sliced bread, other scraps left over from pumpernickel production or unsold marketable pumpernickel.
3.6. Specific rules concerning slicing, grating, packaging, etc.
If ‘Westfälischer Pumpernickel’ is to be marketed as a sliced, pre-packaged product, it must be sliced and packaged in the undertaking which produced it. As ‘Westfälischer Pumpernickel’ has no crust, it is highly susceptible to microbiological infestation, such as with mould spores. Transporting it from the undertaking where it is produced to another location for further processing would thus mean an unacceptable risk of contamination.
3.7. Specific rules concerning labelling
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4. Concise definition of the geographical area
The production area is part of the German Land of North Rhine-Westphalia, namely the area covered by the Westphalia-Lippe region, excluding the Lippe district.
5. Link with the geographical area
The product has a distinctive appearance, which is linked to its origin. The local producers also have special skills as a result of the long production tradition, which dates back to the year 1570; these skills likewise contribute to the high regard for the product.
5.1. Specificity of the geographical area
Except for the southern part of Westphalia, which together with the Sauerland is part of Germany’s central uplands, Westphalia belongs to northern Germany. Because of the prevailing maritime climate influenced by the North Sea (ample rainfall spread over many days of rain, summers that are not so hot, winter that are rather mild), rye is a crop traditionally grown in this area. Rye’s baking properties differ from those of wheat. Thus the widespread cultivation of rye in Westphalia led quite early on to the production of special types of bread, including ‘Westfälischer Pumpernickel’.
5.2. Specificity of the product
‘Westfälischer Pumpernickel’ has a long history and a special appearance related to this history. ‘Westfälischer Pumpernickel’ has retained its distinctive reputation to this day. The existence of works such as ‘Pumpernickel — Das schwarze Brot der Westfalen’ and ‘Kulinarische Randgebiete neu entdeckt — Band 1 Pumpernickel’ show the high esteem in which ‘Westfälischer Pumpernickel’ is still held in Westphalia today. This is also borne out by the fact that almost all German supermarket chains carry ‘Westfälischer Pumpernickel’ in their range.
The striking objective peculiarities of ‘Westfälischer Pumpernickel’ are that it consists entirely of rye and for that reason alone differs from most other types of bread and that it is baked for at least 16 hours in a steam-filled oven or in a rack oven in sealed baking tins. There are lots of different types of bread in Germany, including lots of different types of black bread. However, only ‘Westfälischer Pumpernickel’ is typically baked for the very lengthy period of 16 hours. No other bread has such a long baking time. The baking temperature activates the enzymes in the grain, which are then deactivated at a later time after at least 16 hours in the oven. It is first and foremost the amylases that break down the amyloses (starches) in the grain into their component parts, notably into diverse monosaccharides and disaccharides (different types of sugar), which produce the typical flavour. The sugars produced become caramelised as the baking process continues. The dark colour comes from the ‘Maillard reaction’. This ‘breakdown’ of starches means that there is not enough starch left for gelatinisation (for the kind of relaxation that is desirable in all other types of bread). All other bread-making processes are designed to inhibit the aforementioned enzymes. A combination of activating and inhibiting the enzymes within the grain through the baking process for such a long period is unique. This is therefore a completely different type of production. The baking of ‘Westfälischer Pumpernickel’ has nothing to do with the traditional way of baking other types of black bread.
This unique process gives the bread its typical bittersweet flavour and its dark brown, almost black crumb. This typical flavour, which is both slightly sweet, sometimes a little sharp with a hint of acid, and yet mildly aromatic, is particularly characteristic of this speciality.
These objective characteristics, which are specific to this area and stem from the special method of production, also influence the particular appearance of ‘Westfälischer Pumpernickel’, which is in turn influenced by the specialist skills of the local bakers. Controlling the temperature for a baking period of at least 16 hours requires great experience, which has been acquired in the region as a result of the long tradition. This length of baking is specific to the area. There, if pumpernickel is made at all, it is baked for periods of between 12 to 16 hours, though this does not produce the special characteristics that distinguish ‘Westfälischer Pumpernickel’.
5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)
The product’s special reputation, special appearance and special taste are linked to its special method of production, which is deeply rooted in the production area and has developed through the long tradition of cultivating rye. The baking of ‘Westfälischer Pumpernickel’ for 16 hours is a very unusual process, which has a considerable influence on the chemical and physical properties of the bread. This way of producing pumpernickel is extremely rare outside Westphalia; it is rooted in the area and most widespread there, which makes this process and the resulting product — ‘Westfälischer Pumpernickel’ — typically Westphalian, as far as consumers are concerned. A popular advertising slogan on postcards of Westphalian towns around 1900 was:
‘Seht Ihr von fern Westfalen’s Pforte winken (Can you see in the distance Westphalia’s gates),
das Land der Pumpernickel und der Schinken? (The land where ham and pumpernickel await?)
Seid froh willkommen Hier auf Eurer Reise (Visit us here for a welcome grand),
und esst mit uns des schönen Landes Speise! (And enjoy with us the fine food of the land!)’
Reference to publication of the specification
(Article 5(7) of Regulation (EC) No 510/2006 (3))
https://register.dpma.de/DPMAregister/geo/detail.pdfdownload/38550
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ L 93, 31.3.2006, p. 12. Replaced by Regulation (EU) No 1151/2012.
(3) See footnote 2.