10.7.2014

Official Journal of the European Union

C 217/2

Council conclusions on the economic crisis and healthcare

(2014/C 217/02)

THE COUNCIL OF THE EUROPEAN UNION,

RECALLS that under Article 168 of the Treaty on the Functioning of the European Union, a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities, and Union action which is to complement national policies shall be directed towards improving public health, and also to encourage cooperation between the Member States in the field of public health and, if necessary, lend support to their action, and fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care;

RECALLS the Council conclusions on common values and principles in EU Health Systems, adopted on 2 June 2006 (1), and particularly the overarching values of universality, access to good quality care, equity and solidarity;

RECALLS the objectives agreed within the framework of the Open Method of Coordination for social protection and social inclusion at the European Council of March 2006 to ensure accessible, high-quality and sustainable health care and long-term care (2);

RECALLS the Tallinn charter on health system for health and wealth, signed on 27 June 2008 under the auspicious of the world Health Organisation (3);

RECALLS the Council Conclusions on Equity and Health in All Policies: Solidarity in Health, of 8 June 2010 (4);

RECALLS the Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare (5), including chapter IV relating to cooperation in healthcare;

RECALLS the Council conclusions on modern, responsive and sustainable health systems, adopted on 6 June 2011 (6);

RECALLS the Council conclusions on the ‘Reflection process on modern, responsive and sustainable health systems’, adopted on 10 December 2013 (7);

TAKES NOTE of the Commission communication ‘Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020’, and in particular its accompanying staff working document ‘Investing in health’, adopted on 20 February 2013, which stresses the different ways in which investment in health can help address present and future challenges faced by the health systems and in the social field in general (8);

10.

TAKES NOTE that The Annual Growth Survey 2014 (9) underlines the need to strengthen the efficiency and financial sustainability of healthcare systems, while enhancing their effectiveness and adequacy in meeting social needs and ensuring essential social safety nets. The AGS 2014 also highlights that active inclusion strategies should be developed, including broad access to affordable and high-quality health services;

11.

ACKNOWLEDGES that health is a value in itself and a prerequisite to economic growth; and that investing in health contributes to better health, economic prosperity and social cohesion;

12.

CONSIDERS that health systems are a central part of Europe's high levels of social protection and make a major contribution to social cohesion, social justice and economic growth;

13.

RECOGNISES that the challenges for the health systems such as population ageing associated with the rise of chronic diseases and multi-morbidity, rapid technology diffusion, shortages and uneven distribution of health professionals, increasing citizens' expectations and increasing cost of healthcare in the context of budgetary constraints due in particular to the economic crisis require the implementation of policies and measures aiming at increasing cost-effectiveness and improving cost-containment while ensuring sustainability of the healthcare systems, safety of patients and equitable access to high quality healthcare;

14.

TAKES NOTE that the ageing population, increasing use of care, and rising costs in the context of budgetary constraints have an impact on the demand and supply of the health workforce, and thus effective health workforce planning is an important element of a sustainable health system.

15.

ACKNOWLEDGES that universal access to healthcare is of paramount importance in addressing health inequalities;

16.

CONSIDERS that health promotion and disease prevention are key factors for better health and RECOGNISES the importance of investing in health promotion and disease prevention in improving the health of the population;

17.

RECOGNISES that integrated models of care between primary, secondary and hospital care and among health and social care, along with the implementation of ICT innovations and eHealth solutions can improve resilience of health systems, while taking into account patient safety and high quality of healthcare;

18.

NOTES WITH CONCERN that the financial crisis and budgetary constraints have major impact on principal economic indicators such as income and unemployment, which are social determinants of health; and that extensive cuts in the supply of healthcare can affect access to care and may have long-term health and economic consequences, particularly for the most vulnerable groups in the society;

19.

NOTES WITH CONCERN that social spending has decreased in some Member States, and the number of people at risk of poverty and people living in households without income or with low income has increased which contributes to the rise of health inequalities and jeopardizes social cohesion;

20.

NOTES WITH CONCERN that public health expenditures have been reduced in many Member States since 2009, and RECALLS that investments in health promotion and disease prevention, with a particular focus on disadvantaged groups, should be preserved, especially in times of economic crisis, since they have a short and long-term positive contribution to improving the health of the population and reducing health inequalities;

21.

NOTES WITH CONCERN that the prices of many new innovative medicines are very high in relation to the public health expenditure capacities of most Member States, and that this pricing situation could destabilize health systems in Member States already weakened by the financial crisis.

22.

NOTES WITH CONCERN that although most Member States have universal coverage, in practice many people have problems in accessing healthcare services when they need them (10) and that the proportion of people reporting unmet health needs due to cost, distance to healthcare or waiting lists has increased in several Member States during the economic crisis (11).

23.

RECOGNISES that economic crises have an impact on the health status of the population particularly as regards mental health and

24.

NOTES that the full scale of effects on health of the economic crisis and the reduction in public health expenditures may only become apparent in the following years;

25.

WELCOMES the communication from the Commission, adopted on 4 April 2014, on effective, accessible and resilient health systems (12);

26.

RECALLS the discussions at the Informal Meeting of Ministers of Health held in Athens on 28-29 April 2014 on the ‘Economic crisis and healthcare’ which highlighted the importance of health reforms to overcome the crisis and exchanging best practices and sharing of information between Member States in areas of common interest including the cost of healthcare, the basket of healthcare services, pharmaceuticals, health systems performance assessment and investing in prevention towards ensuring resilience of health systems; there was broad consensus to improve further access to healthcare particularly for the most vulnerable populations, while the issue of involvement of the Ministers of Health into the European Semester process was also raised;

INVITES THE MEMBER STATES TO:

27.

Continue improving further access for all to high quality healthcare services paying particular attention to the most vulnerable groups;

28.

Strengthen further health promotion and disease prevention policies and strategies aiming at improving people's health thereby reducing the need for curative care;

29.

Consider innovative ways of integration between primary and hospital care, and between health and social care;

30.

Promote the implementation of ICT innovations and eHealth solutions to ensure quality of care and Health literacy, and improve efficiency and effectiveness of health systems and control of expenditures;

31.

Better use the Health Systems Performance Assessment (HSPA) for policy-making, and improving transparency and accountability at national level;

32.

Cooperate further on sharing information on strategies to effectively manage pharmaceutical and medical devices expenditure, while ensuring equitable access to effective medicines within sustainable national healthcare systems and, using existing groups where relevant, continue discussions on issues related to affordable pricing, use of generic medicines, orphan medicines, medical devices and small markets.

33.

Draw lessons from the crisis and promote universal access to high quality healthcare while taking into account its different components, so that necessary health reforms can be accomplished without compromising the functioning of health systems as part of social safety net;

34.

Exchange information on the healthcare services covered by the Member States' healthcare systems, inter alia, within the context of the Working Party on Public Health at Senior Level;

INVITES THE MEMBER STATES AND THE COMMISSION TO:

35.

Support effective implementation of the EU objective to ensure a high level of human health protection in the definition and implementation of all Union activities and policies;

36.

Continue the dialogue aimed at improving the effective use of European Structural and Investment Funds (ESIF) for health investments in eligible regions of Member States; and make further efforts to promote the use of the Union's Financial Instruments including the ESIF for investing in health in order to attain in particular the objectives of these conclusions.

37.

Evaluate existing information to assess the role that healthcare benefits play in reducing health inequalities and the risk of the population falling into poverty;

38.

Aim at reaching a common understanding on the most effective resilience factors, including those proposed by the Commission in its recent communication on effective, accessible and resilient health systems, and request the Working Party on Public Health at Senior Level to illustrate best practices on how to implement them in different health systems;

39.

Strengthen cooperation in the following fields agreed in the Directive on the application of patients' rights in cross-border healthcare: cross-border cooperation at regional level, European reference networks, eHealth, and Health Technology Assessment (HTA);

40.

Building on the outcomes of the Action Plan for the EU health workforce and with particular attention to the recommendations from the Joint Action on health workforce planning and forecasting, to further cooperate on ways to strengthen health workforce policies in the Member States to help them ensure sustainable health workforce with the necessary skills to guarantee accessibility, safety and quality of care;

41.

Continue to strengthen the effectiveness of health systems through identifying tools and methodologies for Health Systems Performance Assessment (HSPA), the exchange of best practice and better use of existing data such as Eurostat and OECD statistics;

42.

Reinforce cooperation and better coordination between the Social Protection Committee (SPC) and the Working Party on Public Health at Senior Level (WPPHSL) so that Ministries of Health can actively contribute within the framework of the European Semester;

INVITES THE COMMISSION TO:

43.

Promote the exchange of information and best practice in the field of accessibility taking into account its different components and support projects to promote and develop periodic collection of information and to produce scientific evidence on equitable access to care with a view to addressing the problems in achieving universal and equitable access;

44.

Support, as appropriate, exchange of information between Member States on policies related to pharmaceutical products and medical devices, with particular attention being paid to small markets;

45.

Encourage cooperation to improve the complementarity of health services for those living close to Member States' borders who may need to access healthcare across borders;

46.

Provide information on the healthcare services covered by the Member States' healthcare systems, using the information provided by the National Contact Points established in accordance with the Directive on the application of patients' rights in cross-border healthcare.

(1) OJ C 146, 22.6.2006, p. 1.

(2) Joint Social Protection Committee/Economic Policy Committee Opinion on the Commission Communication ‘Working together, working better: proposals for a new framework for the open coordination of social protection and inclusion’ endorsed by EPSCO on 10 March 2006.

(3) http://www.euro.who.int/data/assets/pdf_file/0008/88613/E91438.pdf

(4) doc. 9663/10.

(5) Directive 2011/24/EU, OJ L 88, 4.4.2011, p. 45.

(6) OJ C 202, 8.7.2011, p. 10.

(7) OJ C 376, 21.12.2013, p. 3.

(8) COM(2013) 83 final.

(9) COM(2013) 800.

(10) Eurofound (2013) Impacts of the crisis on access to healthcare services in the EU, Dublin.

(11) http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=hlth_silc_03&lang=en

(12) COM(2014) 215.

10.7.2014

Official Journal of the European Union

C 217/7

Euro exchange rates (1)

9 July 2014

(2014/C 217/03)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,3603
JPY	Japanese yen	138,38
DKK	Danish krone	7,4552
GBP	Pound sterling	0,79555
SEK	Swedish krona	9,2585
CHF	Swiss franc	1,2158
ISK	Iceland króna
NOK	Norwegian krone	8,4035
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	27,433
HUF	Hungarian forint	309,13
LTL	Lithuanian litas	3,4528
PLN	Polish zloty	4,1284
RON	Romanian leu	4,3903
TRY	Turkish lira	2,8927
AUD	Australian dollar	1,4486
CAD	Canadian dollar	1,4506
HKD	Hong Kong dollar	10,5426
NZD	New Zealand dollar	1,5466
SGD	Singapore dollar	1,6906
KRW	South Korean won	1 377,32
ZAR	South African rand	14,5620
CNY	Chinese yuan renminbi	8,4343
HRK	Croatian kuna	7,6068
IDR	Indonesian rupiah	15 816,01
MYR	Malaysian ringgit	4,3180
PHP	Philippine peso	58,945
RUB	Russian rouble	46,4030
THB	Thai baht	43,844
BRL	Brazilian real	3,0133
MXN	Mexican peso	17,6839
INR	Indian rupee	81,2983

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

10.7.2014

Official Journal of the European Union

C 217/14

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America

(2014/C 217/10)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on the imports of biodiesel originating in the United States of America, the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).

1. Request for review

The request was lodged on 9 April 2014 by the European Biodiesel Board (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of biodiesel.

2. Product under review

The product subject to this review is fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America (‘the product under review’), currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, ex 2710 20 11, ex 2710 20 15, ex 2710 20 17, ex 3824 90 97, 3826 00 10 and ex 3826 00 90.

3. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 599/2009 (3), and extended to imports consigned from Canada, whether declared as originating in Canada or not, and to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America by Council Implementing Regulation (EU) No 444/2011 (4).

4. Grounds for the review

The request is based on the grounds that the expiry of the measures would be likely to result in recurrence of dumping and recurrence of injury to the Union industry.

4.1. Allegation of likelihood of recurrence of dumping

The allegation of likelihood of recurrence of dumping for the United States of America (‘the country concerned’) is based on a comparison of the normal value on the domestic market with the export price (at ex-works level) of the product under review when sold for export to third countries, in view of the current absence of significant import volumes from the United States of America to the Union.

On the basis of the above comparison, which shows dumping, the applicant alleges that there is a likelihood of recurrence of dumping from the country concerned.

4.2. Allegation of likelihood of recurrence of injury

The applicant alleges the likelihood of recurrence of injury. In this respect the applicant has provided sufficient prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase at injurious price levels. This is so due to the existence of unused capacity/potential of the manufacturing facilities of the exporting producers in the United States of America. Also, the Union market is attractive in terms of volume as the EU is the main global user of biodiesel and other third countries have trade defence measures against the product under review, increasing the likelihood that exporting producers in the United States of America would target the Union market.

The applicant finally alleges that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.

5. Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

5.1. Procedure for the determination of a likelihood of continuation or recurrence of dumping

Exporting producers (5) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.

5.1.1. Investigating exporting producers

5.1.1.1. Procedure for selecting exporting producers to be investigated in the United States of America — Sampling

In view of the potentially large number of exporting producers in the United States of America involved in this expiry review 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, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties 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 the information on their company(ies) requested in Annex I to this notice.

In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the United States of America 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 country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

In order to obtain the 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 United States of America.

All exporting producers selected to be in the sample, any known association of exporting producers and the authorities of the United States of America 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’).

5.1.2. Investigating unrelated importers (6) (7)

Unrelated importers of the product under review from the United States of America to the Union are invited to participate in this investigation.

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex 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.

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

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.

5.2. Procedure for the determination of a likelihood of a continuation or recurrence of injury

In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.

5.2.1. Investigating Union producers — Sampling

In view of the large number of Union producers involved in this expiry review 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, including Union producers who did not cooperate in the investigation(s) leading to the measures in force, 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 the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known associations 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 likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.4. Other written submissions

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

5.5. Possibility to be heard by the Commission investigation services

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

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

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (8).

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

Interested parties are 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

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail

trade-biodiesel-USA-dumping@ec.europa.eu

trade-biodiesel-USA-injury@ec.europa.eu

6. Non-cooperation

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

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

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

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 the likelihood of a continuation or recurrence of dumping and injury, causal link and Union interest.

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 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

9. Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

10. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (9).

(1) Notice of the impending expiry of certain anti-dumping measures (OJ C 289, 4.10.2013, p. 12).

(2) Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

(3) Council Regulation (EC) No 599/2009 of 7 July 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 26).

(4) Council Implementing Regulation (EU) No 444/2011 of 5 May 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 12).

(5) An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.

(6) 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. For the definition of a related party see footnote 5 in Annex I or footnote 8 in Annex II.

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

(8) 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).

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

ANNEX I

ANNEX II

10.7.2014

Official Journal of the European Union

C 217/25

Notice of initiation of an expiry review of the countervailing measures applicable to imports of biodiesel originating in the United States of America

(2014/C 217/11)

Following the publication of a notice of impending expiry (1) of the countervailing measures in force on the imports of biodiesel originating in the United States of America, the European Commission (‘the Commission’) has received a request for review pursuant to Article 18 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’).

1. Request for review

The request was lodged on 9 April 2014 by the European Biodiesel Board (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of biodiesel.

2. Product under review

3. Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 598/2009 (3), and extended to imports consigned from Canada, whether declared as originating in Canada or not, and to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America by Council Implementing Regulation (EU) No 443/2011 (4).

4. Grounds for the review

The request is based on the grounds that the expiry of the measures would be likely to result in recurrence of subsidisation and recurrence of injury to the Union industry.

4.1. Allegation of likelihood of recurrence of subsidisation

The applicant has provided sufficient evidence that the producers of the product under review in the United States of America have benefited and are likely to continue to benefit from a number of federal subsidies granted by the Government of the United States of America and a number of state subsidies granted by the Governments of several States of the United States of America.

The subsidy practices consist, inter alia, of government revenue forgone or not collected, for example tax credits or tax refunds for biodiesel production, and the direct transfer of funds and potential direct transfer of funds, for example grants, preferential lending and loan guarantees. The Commission reserves the right to investigate other subsidy practices which may be revealed during the course of the investigation.

The applicants allege that the above schemes are subsidies since they involve a financial contribution from the Government of the United States of America or other State Governments and confer a benefit to exporting producers of biodiesel. They are alleged to be limited to specific companies and therefore specific and countervailable.

4.2. Allegation of likelihood of recurrence of injury

The applicant finally alleges that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at subsidised prices from the country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.

5. Procedure

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of subsidisation of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

5.1 Procedure for the determination of a likelihood of continuation or recurrence of subsidisation

5.1.1. Investigating exporting producers

5.1.1.1. Procedure for selecting exporting producers to be investigated in the United States of America — Sampling

Without prejudice to the possible application of Article 28 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’).

5.1.2. Investigating unrelated importers (6) (7)

Unrelated importers of the product under review from the United States of America to the Union are invited to participate in this investigation.

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.

5.2 Procedure for the determination of a likelihood of a continuation or recurrence of injury

5.2.1. Investigating Union producers — Sampling

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, including Union producers who did not cooperate in the investigation(s) leading to the measures in force, 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 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.

5.3. Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of subsidy and injury be confirmed, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether maintaining the countervailing measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

5.4. Other written submissions

5.5. Possibility to be heard by the Commission investigation services

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

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 must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

Interested parties are 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

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail

trade-biodiesel-USA-subsidy@ec.europa.eu

trade-biodiesel-USA-injury@ec.europa.eu

6. Non-cooperation

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 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

7. Hearing Officer

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of subsidy and injury, causal link and Union interest.

8. Schedule of the investigation

The investigation will be concluded, pursuant to Article 22(1) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

9. Possibility to request a review under Article 19 of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 18 of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 22(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.

10. Processing of personal data

(1) Notice of the impending expiry of certain countervailing measures (OJ C 289, 4.10.2013, p. 11).

(2) Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (OJ L 188, 18.7.2009, p. 93).

(3) Council Regulation (EC) No 598/2009 of 7 July 2009 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 1).

(4) Council Implementing Regulation (EU) No 443/2011 of 5 May 2011 extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 1).

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

(8) 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).

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

ANNEX I

ANNEX II

		ISSN 1977-091X
Official Journal of the European Union		C 217

English edition	Information and Notices	Volume 57 10 July 2014

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2014/C 217/01	Non-opposition to a notified concentration (Case M.7226 — Carlyle/Traxys) ( 1 )	1

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	Council
2014/C 217/02	Council conclusions on the economic crisis and healthcare	2
	European Commission
2014/C 217/03	Euro exchange rates	7
	Court of Auditors
2014/C 217/04	Special Report No 8/2014 Has the Commission effectively managed the integration of coupled support into the Single Payment Scheme?	8
	NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
	EFTA Surveillance Authority
2014/C 217/05	State aid — Decision to raise no objections	9
2014/C 217/06	State aid — Decision to raise no objections	10
2014/C 217/07	State aid — Decision to raise no objections	11
2014/C 217/08	State aid — Decision to raise no objections	12
2014/C 217/09	State aid — Decision to raise no objections	13

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2014/C 217/10	Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of biodiesel originating in the United States of America	14
2014/C 217/11	Notice of initiation of an expiry review of the countervailing measures applicable to imports of biodiesel originating in the United States of America	25
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2014/C 217/12	Prior notification of a concentration (Case M.7309 — Bridgepoint/EdRCP) ( 1 )	35
2014/C 217/13	Prior notification of a concentration (Case M.7298 — UNIQA Insurance Group/UNIQA LIFE) — Candidate case for simplified procedure ( 1 )	36


	(1) Text with EEA relevance