13.2.2016

Official Journal of the European Union

C 58/5

COMMISSION DECISION

of 12 February 2016

setting up the Euro Counterfeiting Experts Group

(2016/C 58/06)

THE EUROPEAN COMMISSION,

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

Whereas:

(1)

Commission Decision (EU) 2015/512 (1) provides that the Directorate-General for Economic and Financial Affairs (‘the Directorate-General’) is responsible for the tasks related to the preparation of the Commission’s legislative and regulatory initiatives in order to protect the euro against counterfeiting and to provide support by means of training and technical assistance. With a view to ensuring the effective and consistent protection of the euro, the Commission needs to call upon the expertise of specialists in an advisory body.

(2)	It is therefore necessary to set up a group of experts in the field of the protection of euro notes and coins against counterfeiting and to define its tasks and its structure.

(3)

The group should assist the Commission in improving conditions for the overall protection of the euro on the basis of legislative initiatives to reinforce the prevention and combating of counterfeiting and in the application of Regulation (EU) No 331/2014 of the European Parliament and of the Council (2). The group should also establish close and regular cooperation with the national competent authorities, the Commission, the European Technical Scientific Centre (‘ETSC’) established by Council Decision 2003/861/EC (3), the European Central Bank (‘ECB’) and Europol.

(4)	The group should be composed of experts from Member States’ competent authorities, the ETSC, the ECB and Europol.

(5)	Rules on the disclosure of information by members of the group should be laid down.

(6)	Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (4).

(7)	It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

The Commission’s Euro Counterfeiting Experts Group (‘ECEG’) is hereby set up.

Article 2

Tasks of the ECEG

The tasks of the ECEG shall be:

(a)	to assist the Commission in the preparation of legislative proposals, delegated acts or policy initiatives which cover both notes and coins against counterfeiting;

(b)	to establish close and regular cooperation among the Member States’ competent authorities, the Commission, the ETSC, the ECB and Europol in order to ensure the effective and consistent protection of the euro;

(c)	to exchange information and establish good practices on preventing euro counterfeiting, on combating counterfeit notes and coins and on the impact of counterfeiting for the purposes of strategic analysis;

(d)	to provide advice and expertise to the Commission in implementing Union legislation, programmes and policies, in particular with regard to Council Regulation (EC) No 1338/2001 (5);

(e)	to discuss the application of Regulation (EU) No 331/2014.

Article 3

Consultation

The Commission may consult the ECEG on matters relating to the overall protection of the euro on the basis of legislative initiatives to reinforce the prevention and combatting of counterfeiting (6).

Article 4

Membership and Appointment

1. The members of the ECEG shall be the Member States’ competent authorities, the ETSC, the ECB and Europol.

2. The members shall inform the Commission of their appointed representatives.

3. Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 5

Operation

1. The competent Commission service shall appoint the Chairperson of the group.

2. The Commission’s representative may invite experts from outside the ECEG with specific competences in a subject on the agenda to participate in the work of the group on an ad hoc basis. In addition, the Commission’s representative may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups (7), and candidate countries.

3. Members of the ECEG and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information laid down in Commission Decisions (EU, Euratom) 2015/443 (8) and (EU, Euratom) 2015/444 (9). Should they fail to respect these obligations, the Commission may take all appropriate measures.

4. The meetings of the ECEG shall be held on Commission premises. The Commission shall provide secretarial services.

5. The ECEG shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.

6. The Commission shall publish all relevant documents on the activities carried out by the ECEG, including agendas, minutes and participants’ submissions, either by including them in the Register of Commission expert groups and other similar entities or via a link from this Register to a dedicated website containing these documents. The relevant documents shall not be published where the disclosure of a document would undermine the protection of a public or private interest pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (10).

Article 6

Meeting expenses

1. Participants in the activities of the ECEG shall not be remunerated for the services they render.

2. Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.

3. Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

Article 7

Applicability

This Decision shall apply as from the date of its adoption until 31 December 2025.

Done at Brussels, 12 February 2016.

For the Commission

Pierre MOSCOVICI

Member of the Commission

(1) Commission Decision (EU) 2015/512 of 25 March 2015 amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office (OJ L 81, 26.3.2015, p. 4).

(2) Regulation (EU) No 331/2014 of the European Parliament and of the Council of 11 March 2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) and repealing Council Decisions 2001/923/EC, 2001/924/EC, 2006/75/EC, 2006/76/EC, 2006/849/EC and 2006/850/EC (OJ L 103, 5.4.2014, p. 1).

(3) Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins (OJ L 325, 12.12.2003, p. 44).

(4) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(5) Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6).

(6) As referred to in recital 12 of Council Regulation (EC) No 1338/2001.

(7) C(2010) 7649 final.

(8) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

(9) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

(10) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

13.2.2016

Official Journal of the European Union

C 58/9

Notice of initiation of an anti-dumping proceeding concerning imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China

(2016/C 58/08)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel, originating in the People's Republic of China, are being dumped and are thereby causing material injury (2) to the Union industry.

1. Complaint

The complaint was lodged on 4 January 2016 by The European Steel Association (Eurofer) (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of certain hot-rolled flat products of iron, non-alloy or other alloy steel.

2. Product under investigation

The product subject to this investigation is certain flat-rolled products of iron, non-alloy steel or other alloy steel (not including stainless steel), whether or not in coils (including products cut-to-length and ‘narrow strip’), not further worked than hot-rolled (hot-rolled flat), not clad, plated or coated, excluding grain-oriented silicon electrical steel (‘the product under investigation’).

3. Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People's Republic of China (‘the country concerned’), currently falling within CN codes 7208 10 00, 7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00, 7208 37 00, 7208 38 00, 7208 39 00, 7208 40 00, 7208 52 99, 7208 53 90, 7208 54 00, 7211 14 00, 7211 19 00, 7225 19 10, 7225 30 10, 7225 30 30, 7225 30 90, 7225 40 12, 7225 40 15, ex 7225 40 60, 7225 40 90, 7226 19 10, ex 7226 20 00, 7226 91 20, 7226 91 91 and 7226 91 99. These CN codes are given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China is considered to be a non-market economy country, the complainant have established a normal value for the imports from the People's Republic of China on the basis of the price in market economy third countries, namely the United States of America and Canada. The allegation of dumping is based on a comparison of the normal value thus established in each the United States of America and Canada with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margins calculated are significant for the country concerned.

4. Allegation of threat of injury and causation

The complainant provides evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and in terms of market share at a significant rate indicating the likelihood of substantially increased imports.

Moreover, it is alleged that these imports are entering the Union at prices that have already had, among other consequences, a negative impact on the level of the sales prices, quantities sold, market share and profits of the Union industry.

Furthermore, the complainant provides prima facie evidence that there is sufficient freely disposable capacity in the People's Republic of China and also that there is an imminent and substantial increase in such capacity indicating the likelihood of substantially increased imports.

It is also alleged that the flow of dumped imports is likely to substantially rise due to decreasing domestic consumption in the country concerned and the recent trade defence measures imposed and investigations recently initiated against imports of similar products in traditional markets other than the Union, such as in the United States of America, Canada, South Africa, Thailand, India, Malaysia, Mexico, Turkey and Vietnam. This indicates a likelihood of a redirection of exports from these markets to the Union leading to a substantial increase of dumped imports.

The complainant argues that while inventories do not appear to have increased, this is the result of constantly decreasing export prices and slowing domestic demand, which urges the exporting producers from the country concerned to liquidate immediately their production and even existing stocks fearing stock devaluation.

It is alleged that the change in circumstances outlined above is clearly foreseen and imminent and material injury would occur due to the imminent further dumped imports.

5. Procedure

Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether the dumped imports have caused or threaten to cause injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1. Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 January 2015 to 31 December 2015 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2012 to the end of the investigation period (‘the period considered’).

5.2. Procedure for the determination of dumping

Exporting producers (3) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.2.1. Investigating exporting producers

5.2.1.1. Procedure for selecting exporting producers to be investigated in the country concerned

(a) Sampling

In view of the potentially large number of exporting producers in the People's Republic of China involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information 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 country concerned and may contact any known associations of exporting producers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the 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 country concerned.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to Section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (4).

(b) Individual dumping margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the country concerned who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in Section 5.2.2.2 below.

However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.2.2. Additional procedure with regard to exporting producers in the non-market economy country concerned

5.2.2.1. Selection of a market economy third country

Subject to the provisions of Section 5.2.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The Commission provisionally proposes the United States of America. Interested parties are hereby invited to comment on the appropriateness of this proposal within 10 days of the date of publication of this notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union are, inter alia, Canada, South Africa, Thailand, India, Malaysia, Mexico, Vietnam, Turkey, Russia, Ukraine and Brazil. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place.

5.2.2.2. Treatment of exporting producers in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (5) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

The Commission will send MET claim forms to all the exporting producers in the country concerned selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the country concerned. The Commission will assess only MET claim forms submitted by the exporting producers in the country concerned selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.

All exporting producers claiming MET must submit a completed MET claim form within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

5.2.3. Investigating unrelated importers (6) (7)

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information 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 investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

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

5.3. Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish the situation of the Union industry, Union producers of the product under investigation are invited to participate in the Commission investigation.

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.7 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

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

5.4. Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

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

5.5. 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.

5.6. Possibility to be heard by the Commission investigation services

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

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

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing: (a) the Commission to use the information and data for the purpose of this trade defence proceeding; and (b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

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

Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email 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 email 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 email, 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

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

TRADE-HRF-DUMPING@ec.europa.eu

TRADE-HRF-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, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

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

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

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

7. Hearing Officer

Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

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

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

8. Schedule of the investigation

The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

9. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 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) OJ L 343, 22.12.2009, p. 51.

(2) The general term ‘injury’ refers to material injury as well as to threat of material injury or material retardation as set out in Article 3(1) of the basic Regulation.

(3) 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 a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.

(4) Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.

(5) The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant state interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.

(6) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

(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

13.2.2016

Official Journal of the European Union

C 58/20

Notice of initiation of an anti-dumping proceeding concerning imports of certain heavy plate of non-alloy or other alloy steel originating in the People’s Republic of China

(2016/C 58/09)

The European Commission (‘the Commission’) has received a complaint (1) pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’), alleging that imports of certain heavy plate of non-alloy or other alloy steel originating in the People’s Republic of China, are being dumped and are thereby causing material injury to the Union industry.

1. Complaint

The complaint was lodged on 4 January 2016 by The European Steel Association (EUROFER) (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of certain heavy plate of non-alloy or other alloy steel.

2. Product under investigation

The product subject to this investigation is flat products of non-alloy or alloy steel (excluding stainless steel, silicon-electrical steel, tool steel and high-speed steel), hot-rolled, not clad, plated or coated, not in coils, of a thickness exceeding 10 mm and of a width of 600 mm or more or of a thickness of 4,75 mm or more but not exceeding 10 mm and of a width of 2 050 mm or more (‘heavy plate’ or ‘the product under investigation’).

3. Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China (‘the country concerned’), currently falling within CN codes 7208 51 20, 7208 51 91, 7208 51 98, 7208 52 91, ex 7208 90 20, ex 7208 90 80, 7225 40 40, ex 7225 40 60 and ex 7225 99 00. These CN codes are given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China is considered to be a non-market economy country, the complainant has established a normal value for the imports from the People’s Republic of China on the basis of the price in a market economy third country, namely the United States of America, but also on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs — SG&A — and profit) in the same market economy third country. The allegation of dumping is based on a comparison of the normal values thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margins calculated are significant for the country concerned.

4. Allegation of injury and causation

The prima facie evidence provided by the complainant shows that the quantity and the prices of the imported product under investigation have had, among other consequences, a negative impact on the level of the sales prices, quantities sold, market share and profits of the Union industry, resulting in substantial adverse effects on the overall performance of the Union industry.

5. Procedure

The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether the dumped imports have caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1. Investigation period and period considered

5.2. Procedure for the determination of dumping

Exporting producers (3) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.2.1. Investigating exporting producers

5.2.1.1. Procedure for selecting exporting producers to be investigated in the country concerned

(a) Sampling

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

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with information on their companies requested in Annex I to this Notice.

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.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (4).

(b) Individual dumping margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establishes their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. Those exporting producers in the country concerned who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation may submit a properly substantiated market economy treatment claim (‘MET claim’) and return it duly completed within the deadlines specified in section 5.2.2.2 below.

5.2.2. Additional procedure with regard to exporting producers in the non-market economy country concerned

5.2.2.1. Selection of a market economy third country

Subject to the provisions of section 5.2.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. Based on the information contained in the complaint it is envisaged to use the United States of America as analogue country. Interested parties are hereby invited to comment on the appropriateness of the choice of the analogue country 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 producers of heavy plate are, inter alia, Australia, Brazil, Canada, India, Japan, South Korea, the former Yugoslav Republic of Macedonia, Malaysia, Mexico, Russia and Ukraine. With the aim of finally selecting the market economy third country, the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place.

5.2.2.2. Treatment of exporting producers in the non-market economy country concerned

5.2.3. Investigating unrelated importers (6) (7)

Unrelated importers of the product under investigation from the People’s Republic of China to the Union are invited to participate in this investigation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their companies requested in Annex II to this Notice.

In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

5.3. Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

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 5.7. below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

5.4. Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

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

5.5. 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.

5.6. Possibility to be heard by the Commission investigation services

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

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

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

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 are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of large replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using email, 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 email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email 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 email, 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

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

Email for dumping related issues	:	TRADE-AD-HEAVYPLATE-DUMPING@ec.europa.eu
Email for injury related issues	:	TRADE-AD-HEAVYPLATE-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.

7. Hearing Officer

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.

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

8. Schedule of the investigation

The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation, within 15 months of the date of the publication of this Notice in the Official Journal of the European Union. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this Notice in the Official Journal of the European Union.

9. Processing of personal data

(1) http://trade.ec.europa.eu/tdi/completed.cfm

(2) OJ L 343, 22.12.2009, p. 51.

(5) The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.

(6) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another’s businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

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

ANNEX I

ANNEX II

13.2.2016

Official Journal of the European Union

C 58/30

Notice of initiation of an anti-dumping proceeding concerning imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4 mm, originating in the People's Republic of China

(2016/C 58/10)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4 mm, originating in the People's Republic of China, are being dumped and are thereby causing material injury to the Union industry.

1. Complaint

The complaint was lodged on 4 January 2016 by the Defence Committee of the seamless steel tubes industry of the European Union (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4 mm.

2. Product under investigation

The product subject to this investigation is certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4 mm (‘the product under investigation’).

3. Allegation 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 complainant has established a normal value for the imports from the People's Republic of China on the basis of the price in a market economy third country, namely the United States of America. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margins calculated are significant for the country concerned.

4. Allegation of injury and causation

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation and the employment situation of the Union industry.

5. Procedure

5.1. Investigation period and period considered

5.2. Procedure for the determination of dumping

Exporting producers (2) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.2.1. Investigating exporting producers

5.2.1.1. Procedure for selecting exporting producers to be investigated in the country concerned

(a) Sampling

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

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with information on their company(ies) requested in Annex I to this notice.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

(b) Individual dumping margin for companies not included in the sample

5.2.2. Additional procedure with regard to exporting producers in the non-market economy country concerned

5.2.2.1. Selection of a market economy third country

Subject to the provisions of Section 5.2.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The complainant has proposed the United States of America as analogue country. According to the information available to the Commission, other market economy suppliers of the Union are, inter alia, Japan, Russia and South Korea. With the aim of finally selecting the market economy third country, the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place. Interested parties are hereby invited to comment on the choice of the analogue country within 10 days of the date of publication of this notice in the Official Journal of the European Union.

5.2.2.2. Treatment of exporting producers in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (4) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

5.2.3. Investigating unrelated importers (5) (6)

Unrelated importers of the product under investigation from the country concerned 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.

5.3. Procedure for the determination of injury and investigating Union producers

A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

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.

5.4. Procedure for the assessment of Union interest

5.5. Other written submissions

5.6. Possibility to be heard by the Commission investigation services

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

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

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail

TRADE-SPT-DUMPING@ec.europa.eu

TRADE-SPT-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.

7. Hearing Officer

8. Schedule of the investigation

9. Processing of personal data

(1) OJ L 343, 22.12.2009, p. 51.

(2) 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 a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.

(3) Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.

(4) The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant state interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.

(5) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

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

(7) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009 p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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

ANNEX I

ANNEX II

13.2.2016

Official Journal of the European Union

C 58/42

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2016/C 58/13)

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

SINGLE DOCUMENT

‘GALL DEL PENEDÈS’

EU No: ES-PGI-0005-01308 – 03.02.2015

PDO ( ) PGI ( X )

1. Name

‘Gall del Penedès’

2. Member State or Third Country

Spain

3. Description of the agricultural product or foodstuff

3.1. Type of product

Class 1.1. Fresh meat (and offal)

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

The product covered by the ‘Gall del Penedès’ PGI is the fresh meat of chickens (males and females) of the improved Black Penedesenca variety of the traditional Penedesenca breed.

It is characterised by its flavour, the reddish colour of the carcasses and the firm and succulent meat and muscles.

The breed is slow growing and very hardy, has great vitality and a light, Mediterranean build and produces a dense meat. It is resistant to the heat and cold typical of the Mediterranean.

‘Gall del Penedès’ chickens are reared in chicken coops with outdoor access all year round, and the inclusion of grape seeds in their diet is a characteristic feature.

The grape seeds give the meat distinctive organoleptic qualities, as shown by the report on the sensory and chemical analysis carried out by the Institut de Recerca i Tecnologia agroalimentàries (IRTA — Institute for Agri-food Research and Technology), entitled Inclusió de granet de raïm en el pinso per la IGP del Gall del Penedès (Inclusion of grape seeds in the feed for PGI ‘Gall del Penedès’) (Amadeu Francesch Vidal, February 2012), which reads as follows:

‘Meat from animals fed on a diet including 5 % grape seeds smelled more nutty and less strongly of bark, had a flavour that was less like ordinary chicken, less sweet and more metallic and had a more fibrous texture …’

‘Meat from animals fed on a diet including 5 % grape seeds has been shown to have a significantly higher proportion of unsaturated fatty acids, which is attributable to the higher proportion of linoleic acid, making it a meat with added health value.’

The minimum age at slaughter for ‘Gall del Penedès’ chickens is 98 days.

‘Gall del Penedès’ carcasses are classified as class A (in accordance with Regulation (EC) No 543/2008). The carcass has no excess fat, the skin is white, the meat is reddish and the feet are black with a white base.

The minimum weight is 1,5 kg for an eviscerated carcass without giblets (plucked, eviscerated and without the head, feet, heart, liver or gizzard) and 2 kg for a partially eviscerated carcass (plucked and gutted, but with the head and feet still on).

‘Gall del Penedès’ carcasses are sold fresh, either whole or cut into pieces.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

‘Gall del Penedès’ chickens are fed on a diet based on the traditional diet for the geographical area covered by the PGI, adapted to current formulas and agri-food techniques. The distinctive feature of the diet is that it includes grape seeds.

The basic feed is made up as follows:

—	58-60 % maize

—	33,5-35,5 % soya and its derivatives

—	5-5,5 % grape seeds

During the last seven days before slaughter, the feed may be based on a minimum of 90 % cereals and 5-5,5 % grape seeds.

Animal fats are prohibited, with the exception of milk derivatives.

3.4. Specific steps in production that must take place in the defined geographical area

‘Gall del Penedès’ chickens are reared within the defined geographical area.

Chicks arrive at poultry production farms for fattening when they are 24-48 hours old. When they reach the age of 42-56 days, the chickens are given access to outdoor ranges. They are reared for a minimum of 98 days.

3.5. Specific rules concerning slicing, grating, packaging, etc., of the product to which the registered name refers

—

3.6. Specific rules concerning labelling of the product to which the registered name refers

The end product destined for consumption under this PGI must prominently bear the words IGP‘Gall del Penedès’ or Indicación Geográfica Protegida‘Gall del Penedés’ and the PGI’s own logo.

4. Concise definition of the geographical area

‘Gall del Penedès’ chickens are reared in a geographical area comprising 73 municipalities:

—	all the municipalities in the district of Alt Penedès (27);

—	all the municipalities in the district of Baix Penedès (14);

—	all the municipalities in the district of Garraf (6);

—

the following municipalities in the district of Anoia: Argençola, La Llacuna, Cabrera d’Igualada, Piera, Masquefa, Hostalets de Pierola, Vallbona d’Anoia, Capellades, La Torre de Claramunt, Carme, Orpí, Santa Maria de Miralles, Bellprat, Sant Martí de Tous, Santa Margarida de Montbui, Vilanova del Camí, La Pobla de Claramunt, Castellolí, El Bruc, Òdena, Igualada, Rubió, Jorba, Montmaneu and Copons (25);

—	the municipality of Rodonyà in the district of Alt Camp (1).

5. Link with the geographical area

The link with the area is based on the reputation that the product has gained over time, as evinced by oral tradition, documents, fairs and markets and the particular production system used by breeders in the area, which is closely linked to the wine-growing tradition of the production area.

The geographical production area for the PGI corresponds to the historical region of el Penedès, which is distinguished by being the place of origin of the traditional Penedesenca breed, from which ‘Gall del Penedès’ stems, and for being a largely wine-growing region in which approximately 80 % of agricultural land is used to grow grapes and which falls within the Penedès and Cava wine PDOs. It could be said that, in el Penedès, as a result of the area’s specific character and crops, ‘Gall del Penedès’ is produced along with the region’s characteristic wines and sparkling wines.

The rearing, consumption and marketing of ‘Gall del Penedès’ has for centuries formed part of the customary apprenticeship for the region’s farmers. Written sources, oral tradition and works of art testify to the fact that these birds were kept at every farm, both as a means of feeding the family and as a source of household income over time, as their intensely red-brown eggs (known as ‘ou rogenc de Vilafranca’ (red eggs from Vilafranca)) were sold and were much sought after at the local markets (Vilafranca market, for which records date back to the 12th century) and the market in Barcelona. ‘Gall del Penedès’ meat was also held in high esteem and renown, as illustrated by the Fira del Penedès, a fair dating back to the 12th century which was later renamed Fira de Sant Tomàs and is now known as Fira del Gall. It has been held every year without fail, allowing the region’s farmers, whose farms were small, to display and sell their produce, thus preserving the traditional foods based around wine-growing.

In this environment, the region’s farmers came together at markets and fairs, where they passed on their expertise on how to rear ‘Gall del Penedès’ and consolidated the region’s typical production system, in which grape skins were used as feed for the chickens. The skins of pressed grapes (known as brisa) were dried in the fields before being fed to the birds. In 1937, a study on poultry feed noted that grape seeds were highly nutritious for chickens on account of their high fibre content and relative abundance of fats and some proteins and carbohydrates. Today, breeders have adapted the traditional practices of the area by including grape seeds in the feed formula.

The diet of PGI ‘Gall del Penedès’ chickens, which includes grape seeds and thus maintains the link between the feed and the region’s wine-growing tradition, contributes to the flavour of the product, while the fact that the birds are reared in coops with outdoor access all year round contributes to the reddish colour and the firmness and succulence of the meat.

Today, ‘Gall del Penedès’ is the subject of numerous articles in the regional press, campaigns promoting high-quality regional produce (Barcelona Council and the District Council of Alt Penedès through programmes such as Productos de la Terra (Products of the Land) and la Gastroteca) and research (Fundación Alicia, IRTA, etc.).

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

The full text of the specification can be consulted on the following web page:

http://www.gencat.cat/alimentacio/pliego-gall-penedes

(1) OJ L 343, 14.12.2012, p. 1.

13.2.2016

Official Journal of the European Union

C 58/45

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2016/C 58/14)

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

SINGLE DOCUMENT

‘FOGAÇA DA FEIRA’

EU No: PT-PGI-0005-01342 — 1.6.2015

PDO ( ) PGI ( X )

1. Name(s)

‘Fogaça da Feira’

2. Member State or Third Country

Portugal

3. Description of the agricultural product or foodstuff

3.1. Type of product

Class 2.3. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

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

‘Fogaça da Feira’ is a sweet bun with a delicate flavour and aroma of lemon and cinnamon; it is brown on the outside and conical in shape with four miniature ‘towers’ at the top.

It consists of a loose, light dough, slightly yellowish in colour, which has small perforations and is crispy on the outside.

It may be sold packaged, in bulk or frozen, in various sizes, provided that the height is no more than 135 % and no less than 65 % of the diameter of the base.

It may also be sold in halves and/or sliced.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

‘Fogaça da Feira’ is made with the following ingredients: wheat flour (type 45 and/or type 55 or similar), eggs, sugar, butter, fresh yeast or starter dough, water, cinnamon, salt, lemon juice and lemon zest.

3.4. Specific steps in production that must take place in the defined geographical area

All the steps in production must take place in the defined geographical area: preparation, shaping, cutting of the dough and baking.

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product to which the registered name refers

—

3.6. Specific rules concerning labelling of the product to which the registered name refers

The label must bear the words ‘Fogaça da Feira — Indicação Geográfica Protegida’ or ‘Fogaça da Feira IGP’ and the product logo, shown below:

4. Concise definition of the geographical area

‘Fogaça da Feira’ is produced within the Municipality of Santa Maria da Feira.

5. Link with the geographical area

Fogaça is a sweet bun mentioned in various medieval texts, which originated as a votive offering to Saint Sebastian. Hence the Festa das Fogaçeiras, a long-established religious festival held in Santa Maria da Feira.

The Festa das Fogaceiras is a centuries-old tradition and the year 2005 marked its quincentenary. For five hundred years the local people have remained steadfast in their devotion and today it is Santa Maria da Feira’s most important festival.

The Festa das Fogaçeiras, held on 20 January, is still an annual event and includes activities such as baking demonstrations to show how ‘Fogaça da Feira’ is made, involving fogaça producers and guest tasters, to raise awareness among producers of the importance of keeping to the original recipe and method of production of this traditional sweet bun, and the capítulo of the Confraria da Fogaça da Feira, one of that association’s most important ceremonies, the purpose of which is to promote, learn about and safeguard the fogaça, given its historical value, and to publicise and preserve the specific characteristics of the genuine ‘Fogaça da Feira’.

The importance of ‘Fogaça da Feira’ in Santa Maria da Feira has been known for centuries, and there are references linking the fogaça to the inquiries of 1220 ordered by Alfonso II in the Terra de Santa Maria, as the area was then called, the region’s administrative and military base, whose headquarters were Vila da Feira and its castle, which inspired the shape.

Its link with the Festa das Fogaçeiras, where it was the votive offering to Saint Sebastian, created a strong connection with the area over time and this meant that Santa Maria da Feira became the centre of production.

Its specific characteristics, notably its conical shape, derive from its strong link with the geographical area and local expertise: mixing the ingredients, kneading the dough, rolling it into a long sausage shape and then flattening it and shaping it into a cone. Finally, cuts are made at the top to form the four towers of the Castle of Santa Maria da Feira — it is these which clearly distinguish ‘Fogaça da Feira’ from other types of sweet bun.

To make the cones, the dough must always be wound round in the same direction, from bottom to top. This stage depends entirely on local expertise — in judging the weather conditions (which can affect the ripeness of the dough) and having the manual dexterity required to achieve the characteristic shape.

During baking, the fogaças are taken out of the oven and the little ‘towers’ are flicked out towards the edge by hand so that they stand upright. The fogaças are then put back in the oven until they are ready. This operation is crucial for ensuring that the heat penetrates to the inside, so that the fogaças bake evenly and the crumb is loose and light, because they have been cooked at just the right temperature for the right time.

This is essential in order to ensure that the fogaças have the requisite appearance, with the ‘towers’ of the Castle of Santa Maria da Feira at the top, and judging exactly when to do it is a question of experience and intuition.

Today, with its history, tradition, taste and texture ‘Fogaça da Feira’ is the municipality’s showcase speciality, and it can always be found at fairs, shows and municipal gatherings.

Publication reference of the specification

(the second subparagraph of Article 6(1) of this Regulation)

http://www.dgadr.mamaot.pt/images/docs/val/dop_igp_etg/Valor/CE_Fogaca_Feira_IGP.pdf

(1) OJ L 343, 14.12.2012, p. 1.

		ISSN 1977-091X
Official Journal of the European Union		C 58

English edition	Information and Notices	Volume 59 13 February 2016

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2016/C 058/01	Non-opposition to a notified concentration (Case M.7926 — Goldman Sachs/Northgate) ( 1 )	1
2016/C 058/02	Non-opposition to a notified concentration (Case M.7865 — LOV Group Invest/De Agostini/JV) ( 1 )	1
2016/C 058/03	Non-opposition to a notified concentration (Case M.7869 — Macquarie/Dolomiti Energia/Hydro Dolomiti Enel) ( 1 )	2

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	Council
2016/C 058/04	Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2011/172/CFSP and Council Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt	3
	European Commission
2016/C 058/05	Euro exchange rates	4
2016/C 058/06	Commission Decision of 12 February 2016 setting up the Euro Counterfeiting Experts Group	5

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2016/C 058/07	Notice of the impending expiry of certain anti-dumping measures	8
2016/C 058/08	Notice of initiation of an anti-dumping proceeding concerning imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China	9
2016/C 058/09	Notice of initiation of an anti-dumping proceeding concerning imports of certain heavy plate of non-alloy or other alloy steel originating in the People’s Republic of China	20
2016/C 058/10	Notice of initiation of an anti-dumping proceeding concerning imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4 mm, originating in the People's Republic of China	30
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2016/C 058/11	Prior notification of a concentration (Case M.7758 — Hutchison 3G Italy/WIND/JV) ( 1 )	40
2016/C 058/12	Prior notification of a concentration (Case M.7850 — EDF/CGN/NNB Group of Companies) ( 1 )	41
	OTHER ACTS
	European Commission
2016/C 058/13	Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	42
2016/C 058/14	Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs	45

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	(1) Text with EEA relevance