3.10.2014

EN

Official Journal of the European Union

C 347/1

---

COMMISSION OPINION

of 2 October 2014

relating to the plan for the disposal of radioactive waste from the National Radioactive Waste Repository, located adjacent to the Mochovce Nuclear Power Plant site in Slovakia

(Only the Slovak text is authentic)

(2014/C 347/01)

The assessment below is carried out under the provisions of the Euratom Treaty, without prejudice to any additional assessments to be carried out under the Treaty on the Functioning of the European Union and the obligations stemming from it and from secondary legislation (1).

On 24 March 2014, the European Commission received from the Slovak Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste arising from the Mochovce National Radioactive Waste Repository.

On the basis of these data and additional information requested by the Commission on 29 April 2014 and provided by the Slovak authorities on 5 June 2014, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

1.	The distance between the National Radioactive Waste Repository and the nearest point of another Member State, in this case Hungary is some 40 km.

2.

During the National Radioactive Waste Repository’s operational period: — Radioactive waste will be emplaced without intention of retrieval. — The National Radioactive Waste Repository will only be subjected to a discharge authorisation for liquid radioactive effluents. Under normal operating conditions, the National Radioactive Waste Repository will not release airborne radioactive effluents and the discharge of liquid radioactive effluents is not liable to cause an exposure of the population in another Member State that would be significant from the point of view of health. — In the event of unplanned releases of radioactive effluents, that may follow the accidents of the type and magnitude considered in the General Data, the doses likely to be received by the population in another Member State would not be significant from the point of view of health.

3.	Beyond the National Radioactive Waste Repository’s operational period: — The measures envisaged for the final closure of the National Radioactive Waste Repository as described in the General Data provide reliance that the conclusions under point 2 above will remain valid in the long term.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form arising from the National Radioactive Waste Repository located adjacent to the Mochovce Nuclear Power Plant site in Slovakia, during its normal operational life and after its final closure, as well as in the event of accidents of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination significant from the point of view of health, of the water, soil or airspace of another Member State.

---

(1)  For instance, under the Treaty on the Functioning of the European Union, environmental aspects should be further assessed. Indicatively, the Commission would like to draw attention to the provisions of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, as well as to the Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and directive 2000/60/EC establishing a framework for Community action in the field of water policy.

---

3.10.2014

EN

Official Journal of the European Union

C 347/3

---

COMMISSION OPINION

of 2 October 2014

relating to the plan for the disposal of radioactive waste from the IRAW-CRAM Storage Facility for Radioactive Waste located adjacent to the National Radioactive Waste Repository in Slovakia

(Only the Slovak text is authentic)

(2014/C 347/02)

The assessment below is carried out under the provisions of the Euratom Treaty, without prejudice to any additional assessments to be carried out under the Treaty on the Functioning of the European Union and the obligations stemming from it and from secondary legislation (1).

On 24 March 2014, the European Commission received from the Slovak Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste from the Mochovce IRAW-CRAM Storage Facility for Radioactive Waste.

On the basis of these data and additional information requested by the Commission on 29 April 2014 and provided by the Slovak authorities on 5 June 2014, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

1.	The distance between the IRAW-CRAM storage facility for radioactive waste and the nearest point of another Member State, in this case Hungary is some 40 km.

2.

The facility will not be subjected to a discharge authorisation for liquid and gaseous radioactive effluents. Under normal operating conditions, liquid and gaseous radioactive effluents will not be released and the facility is thus not liable to cause an exposure of the population in another Member State that would be significant from the point of view of health.

3.	Secondary solid radioactive waste will be transferred to licensed treatment or disposal facilities located in Slovakia.

4.	In the event of unplanned releases of radioactive effluents, that may follow the accident of the type and magnitude considered in the General Data, the dose likely to be received by the population in another Member State would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form, arising from the IRAW-CRAM Storage Facility for Radioactive Waste located adjacent to the National Radioactive Waste Repository at Mochovce in Slovakia, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

---

(1)  For instance, under the Treaty on the Functioning of the European Union, environmental aspects should be further assessed. Indicatively, the Commission would like to draw attention to the provisions of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, as well as to the Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2000/60/EC establishing a framework for Community action in the field of water policy.

---

3.10.2014

EN

Official Journal of the European Union

C 347/4

---

Non-opposition to a notified concentration

(Case M.7363 — Areva Énergies Renouvelables/Gamesa Energía/JV)

(Text with EEA relevance)

(2014/C 347/03)

On 29 September 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7363. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

3.10.2014

EN

Official Journal of the European Union

C 347/4

---

Non-opposition to a notified concentration

(Case M.7340 — Ferrero International/Oltan Group)

(Text with EEA relevance)

(2014/C 347/04)

On 12 September 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32014M7340. EUR-Lex is the online access to the European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

3.10.2014

EN

Official Journal of the European Union

C 347/5

---

Euro exchange rates (1)

2 October 2014

(2014/C 347/05)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,2631
JPY	Japanese yen	137,47
DKK	Danish krone	7,4439
GBP	Pound sterling	0,78240
SEK	Swedish krona	9,0894
CHF	Swiss franc	1,2085
ISK	Iceland króna
NOK	Norwegian krone	8,1475
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	27,495
HUF	Hungarian forint	309,71
LTL	Lithuanian litas	3,4528
PLN	Polish zloty	4,1761
RON	Romanian leu	4,4109
TRY	Turkish lira	2,8749
AUD	Australian dollar	1,4393
CAD	Canadian dollar	1,4067
HKD	Hong Kong dollar	9,8052
NZD	New Zealand dollar	1,6051
SGD	Singapore dollar	1,6081
KRW	South Korean won	1 341,70
ZAR	South African rand	14,1616
CNY	Chinese yuan renminbi	7,7557
HRK	Croatian kuna	7,6396
IDR	Indonesian rupiah	15 347,27
MYR	Malaysian ringgit	4,1080
PHP	Philippine peso	56,654
RUB	Russian rouble	50,0340
THB	Thai baht	40,976
BRL	Brazilian real	3,1273
MXN	Mexican peso	16,9540
INR	Indian rupee	78,0804

---

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

---

3.10.2014

EN

Official Journal of the European Union

C 347/6

---

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes of iron or steel originating in the People's Republic of China

(2014/C 347/06)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain seamless pipes and tubes originating in the People's Republic of China (‘the PRC’ or ‘the country concerned’), 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 27 June 2014 by the Defence Committee of the Seamless Steel Tubes Industry of the European Union (ESTA) (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of seamless pipes and tubes.

2.   Product under review

The product subject to this review is seamless pipes and tubes, of iron or steel, of circular cross section, of an external diameter not exceeding 406,4 mm with a Carbon Equivalent Value (CEV) not exceeding 0,86 according to the International Institute of Welding (IIW) formula and chemical analysis (3), originating in the PRC (‘the product under review’), currently falling within CN codes ex 7304 19 10, ex 7304 19 30, ex 7304 23 00, ex 7304 29 10, ex 7304 29 30, ex 7304 31 20, ex 7304 31 80, ex 7304 39 10, ex 7304 39 52, ex 7304 39 58, ex 7304 39 92, ex 7304 39 93, ex 7304 51 81, ex 7304 51 89, ex 7304 59 10, ex 7304 59 92 and ex 7304 59 93.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 926/2009 (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 a continuation of dumping and a continuation or recurrence of injury to the Union industry.

4.1.    Allegation of likelihood of a continuation of dumping

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 applicant established normal value for the imports from the country concerned on the basis of the price in a market economy third country, namely the United States of America. The allegation of likelihood of a continuation 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 review when sold for export to the Union.

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

4.2.    Allegation of likelihood of a continuation or recurrence of injury

The applicant provided 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 level. This is so due to the existence of unused capacity and the potential of the manufacturing facilities of the exporting producers in the country concerned. Other important factors are the existence of trade barriers for the country concerned in other third-country markets and the attractiveness of the Union market. Finally, the current level of Chinese export prices of the product under review to the Union significantly undercut the EU industry prices.

The applicant alleges that any further substantial increase of imports at dumped prices from the country concerned would likely lead to a continuation or 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 to a continuation or recurrence of injury to the Union industry.

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

5.1.1.   Investigating exporting producers

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.

Procedure for selecting exporting producers to be investigated in the People's Republic of China

Sampling

In view of the potentially large number of exporting producers in the PRC 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 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 People's Republic of China 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 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 People's Republic of China.

All exporting producers selected to be in the sample, any known association of exporting producers and the authorities of the People's Republic of China 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.   Additional procedure with regard to exporting producers in the non-market economy country concerned

Selection of a market economy third country

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.

In the previous investigation the United States of America were used as a market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. For the purpose of the current investigation, the Commission envisages using again 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 may be located, inter alia, in Ukraine, Russia and Japan. The Commission will examine whether there is production and sales of the product under review in those market economy third countries for which there are indications that production of the product under review is taking place.

5.1.3.   Investigating unrelated importers  (6)  (7)

Unrelated importers of the product under review from the People's Republic of China 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 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 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 recurrence of injury – Investigating Union producers

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

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 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: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail for dumping issues and Annex I: TRADE-SPT-R606-DUMPING@ec.europa.eu

E-mail for all others issues and Annex II: TRADE-SPT-R606-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.

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 49, 21.2.2014, p. 6).

(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)  The CEV shall be determined in accordance with Technical Report, 1967, IIW doc. IX-555-67, published by the International Institute of Welding (IIW).

(4)  Council Regulation (EC) No 926/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of iron or steel originating in the People's Republic of China (OJ L 262, 6.10.2009, p. 19).

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

(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.

---

---

---

3.10.2014

EN

Official Journal of the European Union

C 347/16

---

Prior notification of a concentration

(Case M.7297 — Dolby/Doremi/Highlands)

(Text with EEA relevance)

(2014/C 347/07)

1.

On 25 September 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 22 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Dolby Laboratories, Inc. (‘Dolby’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Doremi Technologies LLC and Doremi Labs, Inc. (together ‘Doremi’, United States) and Highlands Technologies Solutions S.A.S. (‘Highlands’, France) by way of purchase of shares.

2.	The business activities of the undertakings concerned are: —   for Dolby: manufacture of audio, video and voice technologies, —   for Doremi: manufacture of digital cinema servers, —   for Highlands: marketing and resale of digital cinema servers.

3.	On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7297 — Dolby/Doremi/Highlands, to the following address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

---

3.10.2014

EN

Official Journal of the European Union

C 347/17

---

Prior notification of a concentration

(Case M.7397 — CD&R/CHC Group)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 347/08)

1.

On 26 September 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Clayton, Dubilier & Rice Fund IX, L.P. a fund managed by an affiliate of Clayton, Dubilier & Rice (‘CD&R’, USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking CHC Group Ltd., (‘CHC’, Cayman Islands) by way of purchase of shares.

2.	The business activities of the undertakings concerned are: — CD&R is a private equity investment group; — CHC is a commercial operator of helicopters.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7397 — CD&R/CHC Group, to the following address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

---

3.10.2014

EN

Official Journal of the European Union

C 347/18

---

Publication of an amendment 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 347/09)

This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs  (2)

AMENDMENT APPLICATION ACCORDING TO ARTICLE 9

‘AGLIO BIANCO POLESANO’

EC No: IT-PDO-0105-01163–3.10.2013

PGI ( ) PDO ( X )

1.   Heading in the product specification affected by the amendment

—

    ☐ Name of product

—

    ☒ Description of product

—

    ☐ Geographical area

—

    ☐ Proof of origin

—

    ☒ Method of production

—

    ☐ Link

—

    ☒ Labelling

—

    ☐ National requirements

—

    ☒ Other: Packaging — Updated legal reference

2.   Type of amendment

—

    ☒ Amendment to Single Document or Summary Sheet

—

    ☐ Amendment to Specification of registered PDO or PGI for which neither the Single Document nor the Summary Sheet has been published

—

    ☐ Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation (EC) No 510/2006)

—

    ☐ Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s)

Description of product

Following the repeal of garlic marketing standards, the reference to ‘quality standards’ in Article 2 of the product specification has been deleted. The requirements regarding size remain unchanged.

As regards packaging, two traditional ways of presenting the product have been added: small baskets and bundles. The small basket is a traditional way of presenting garlic which is proving very popular among consumers, as its small size and light weight make it both pleasant and practical to handle. The bundle is the result of primary handling in the field and lends itself well both to direct sales and to ‘self-service’ sales where consumers can buy the number of bulbs they wish.

Method of production

The possibility of drying the product by means of hot air ventilation, which improves the drying process and the quality of the product, has been introduced. This is a technique that existed before the product name ‘Aglio Bianco Polesano’ was registered, and which the producers wish to see added to the product specification to be able to use it when the environmental conditions are not favourable to natural drying.

For commercial reasons, the period in which garlic harvested the previous year may be marketed has been extended. This is in the interest of the producers, to allow them to minimise the risk of ‘gaps’ in deliveries to their customers. The amendment does not affect the characteristics of a product which in any case has excellent keeping qualities, further guaranteed by cold storage.

It is now specifically stated in the product specification that cold storage is permitted. Never prohibited by the specification, this is a common practice aimed at preserving the characteristics of the product during storage.

Labelling

Rules have been laid down on the labelling of garlic sold in small baskets and bundles.

For the sake of a succinct single document, it was decided to leave out the description of the product logo together with the technical references for producing it. However, the product logo as illustrated in the single document published in Official Journal C 104 of 6 May 2009, p. 16, remains unchanged.

Packaging

Rules have been laid down on packaging into small baskets and bundles.

Packaging into ‘sacks’ and ‘packages’ may take place outside the production area, whereas all other packaging must take place inside the production area for ‘Aglio Bianco Polesano’ PDO. Packaging in the form of braids, large braids, bunches, large bunches and small baskets must be carried out exclusively by hand according to a method developed thanks to the creativity, refined over time, of the producers and packagers established in the production area.

With regard to braids, the minimum number of bulbs has been reduced from eight to five, with a corresponding reduction in the required weight, in order to respond to consumers’ demand for single-serve sizes or packages with fewer items.

For ‘Aglio Bianco Polesano’ packaged in net bags, the bags may now be light-coloured rather than white. The amendment takes account of possible slight variations in the net bags’ colour occurring during storage.

The paragraph concerning boxes and packages has been simplified to allow packagers a broader range of materials to choose from, enabling them to respond, for example, to any specific requirements regarding the way in which the product is to be presented or displayed at the point of sale.

Updated legal reference

The legal references have been updated.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs  (3)

‘AGLIO BIANCO POLESANO’

EC No: IT-PDO-0105-01163–3.10.2013

PGI ( ) PDO ( X )

1.   Name

2.   Member State or Third Country

Italy

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.6 Fruit, vegetables, cereals, whether or not processed

3.2.   Description of product to which the name in (1) applies

‘Aglio Bianco Polesano’ is sold dry. This garlic is obtained from local ecotypes and from the Avorio variety, which is bred from the same ecotypes.

This garlic has a bulb with a regular, roundish shape, slightly flattened at the base, and a glossy white colour. The bulb is made up of a variable number of cloves, which are joined together in a compact manner, with characteristic curving on the outside. The cloves making up the bulb must be perfectly adjacent to each other. The skin surrounding the cloves is coloured pink of various shades on the concave part and white on the convex part.

After being dried for storage, ‘Aglio Bianco Polesano’ is made up of at least 35 % dry matter and at least 20 % carbohydrates. In addition, the fresh bulbs contain sulphur-based essential oils and volatile sulphur compounds, which give this type of garlic its strong aroma.

When released for consumption, ‘Aglio Bianco Polesano’ must meet the following requirements with regard to size:

—   ‘Extra’: minimum 45 mm,

—   ‘Prima’: minimum 30 mm.

‘Aglio Bianco Polesano’ is released on the market in traditional packaging of the following types: small baskets (plaited into a small ‘handle’ with at least three bulbs), braids, large braids, bunches and large bunches, in nets, sacks and bundles.

3.3.   Raw materials (for processed products only)

—

3.4.   Feed (for products of animal origin only)

—

3.5.   Specific steps in production that must take place in the identified geographical area

The specific steps in production that must take place in the production area are: production of the material for sowing, cultivation of the garlic, drying operations and traditional processing techniques. The production technique is characterised by obtaining the cloves for sowing, given that reproduction occurs by means of vegetative propagation. Producers manually select the amount of product needed to produce the ‘seed’.

The cultivation cycle is annual with autumn/winter sowing and must take place between 1 October and 31 December.

The natural drying operations in the open field and/or at the holding, or by means of hot air ventilation systems, are fundamentally important both for maintaining the characteristics of the product and for subsequent processing.

The assessment of the correct level of humidity is fundamentally important for the traditional production by hand of braids, known as ‘strings’, large braids, bunches, large bunches, small baskets and bundles, and relies on experience and skill passed down for generations.

3.6.   Specific rules concerning slicing, grating, packaging, etc.

‘Aglio Bianco Polesano’ must be sold within a year, between 10 July and 9 July of the subsequent year.

‘Aglio Bianco Polesano’ may be sold in the following package types:

SMALL BASKETS: composed of between 3 and 5 bulbs and weighing between 0,15 and 0,30 kg;

BUNDLES: varying number of bulbs and weighing between 0,5 and 2 kg;

BRAIDS: between 5 and 22 bulbs and weighing between 0,35 and 1,2 kg;

LARGE BRAIDS: between 30 and 40 bulbs and weighing between 2 and 4 kg;

BUNCHES: between 20 and 40 bulbs and weighing between 1 and 4 kg;

LARGE BUNCHES: between 70 and 120 bulbs and weighing between 5 and 10 kg;

PACKAGES: varying number of bulbs; weighing between 50 g and 1 kg;

SACKS: varying number of bulbs; weighing between 1 and 20 kg.

Packaging of the product into ‘sacks’ and ‘packages’ as referred to above may take place outside the production area, provided that transport and excessive handling do not make the heads break and, above all, make the skin fragment, thus creating the risk of mould and deterioration of the product. All other types of packaging, however, must take place exclusively within the ‘Aglio Bianco Polesano’ PDO production area. Traditional packaging (into braids, large braids, bunches, large bunches and small baskets) is carried out by hand according to a long-standing tradition developed thanks to the creativity, refined over time, of the producers and packagers established in the production area.

3.7.   Specific rules concerning labelling

All package types must come with a tag giving the product name, the name of the producer and the PDO identifying logo.

The packages must feature the name ‘Aglio Bianco Polesano’ and the words ‘Denominazione di Origine Protetta’ (‘Protected Denomination of Origin’) or the acronym ‘DOP’ (‘PDO’) in larger characters than any other wording featured.

The size of the logo can differ depending on the type of package.

4.   Concise definition of the geographical area

The ‘Aglio Bianco Polesano’ production area covers the following municipalities in the Polesine area, situated in Rovigo Province: Adria, Arquà Polesine, Bosaro, Canaro, Canda, Castelguglielmo, Ceregnano, Costa di Rovigo, Crespino, Fiesso Umbertiano, Frassinelle Polesine, Fratta Polesine, Gavello, Guarda Veneta, Lendinara, Lusia, Occhiobello, Papozze, Pettorazza Grimani, Pincara, Polesella, Pontecchio Polesine, Rovigo, San Bellino, San Martino di Venezze, Villadose, Villamarzana, Villanova del Ghebbo, Villanova Marchesana.

5.   Link with the geographical area

5.1.   Specificity of the geographical area

Environmental factors

The characteristics of the soils and the temperate climate are the main factors which influence and characterise the production of ‘Aglio Bianco Polesano’ in this area. The Polesine is an area through which the two main Italian rivers, the Po and the Adige, flow. Before the current embankments which set their course, these rivers often deposited alluvium on the plain. The distinctive pedological characteristics of this land are precisely the result of the numerous instances over the centuries where the Po and Adige, which set the southern and northern borders of the production area, have flooded and broken their banks. More particularly, the Po has contributed silt with a high percentage of clay, while the Adige has contributed siliceous sand.

The action of these rivers has thus created medium, clayey/loamy, well-drained, porous and fertile soils, to which ‘Aglio Bianco Polesano’ owes its distinctive characteristics. Moreover, the high levels of exchangeable phosphorous and potassium, and of calcium and magnesium, constitute the typical chemical composition of the land. The area’s dry and temperate climate favours both the drying of the product and its processing into the traditional formats.

Human factors

Over and above the qualities of the land, the following human factors play an important role: — the ability, honed over the years and handed down from father to son, to select by hand the best bulb ‘heads’ from which to take the material for sowing, — the distinctive processing carried out by hand, namely production of braids, known as ‘strings’, large braids, bunches and large bunches, means that this crop is intrinsically linked with the area, its traditions and its history.

5.2.   Specificity of the product

The main characteristics of ‘Aglio Bianco Polesano’ are its glossy white colour, the shape of its bulb and the high dry matter content which characterises it and contributes to its long shelf life. The distinctive aroma of ‘Aglio Bianco Polesano’, which results from the particular combination of volatile sulphur compounds and aromatic substances, allows it to be distinguished from garlic from other production areas; indeed, sensory analysis shows that the aroma is less pungent and more persistent than that of other varieties obtained in other areas, a quality which is highly appreciated by consumers. More particularly, ‘Aglio Bianco Polesano’ is rich in aromatic sulphur compounds, but even more so in aromatic substances belonging to other chemical classes (aldehydes), which produce pleasant fragrances (freshly cut grass, sweet fruitiness) that increase during storage and account for the less pungent, more persistent aroma.

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 good mineral content and the nature of the clayey/loamy, well-drained, porous and fertile soils with high potassium content make it possible to obtain perfectly adjacent and compact cloves, characterised by high dry matter content which increases the product’s shelf life.

‘Aglio Bianco Polesano’ also owes its typical glossy white colour to the high level of exchangeable potassium and phosphorus in the soil.

In addition, the distinctive aroma of the garlic is strongly influenced by the environmental factors, insofar as the aromatic components reflect the levels and activity of the enzymes involved in their biosynthesis and these, in turn, are influenced by the physiological state of the plant, the pedological and climatic conditions and the traditional processes of storage and processing.

Publication reference of the specification

(Article 5(7) of Regulation (EC) No 510/2006 (4))

The Ministry launched the national objection procedure with the publication of the proposal for recognising ‘Aglio Bianco Polesano’ as a protected designation of origin in Official Gazette of the Italian Republic No 166 of 17 July 2013.

The full text of the product specification is available on the following website: http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335

or alternatively:

by going direct to the home page of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Qualità e sicurezza’ (on the top right of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE’.

---

(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)  Replaced by Regulation (EU) No 1151/2012.

(4)  See footnote 3.

---