26.3.2018

Official Journal of the European Union

C 111/1

Statutes of the European Infrastructure of Open Screening Platforms for Chemical Biology — European Research Infrastructure Consortium (EU-OPENSCREEN ERIC)

(2018/C 111/01)

Table of contents

PREAMBLE

CHAPTER 1 — GENERAL PROVISIONS

Article 1: Establishment of EU-OPENSCREEN ERIC

Article 2: Definitions

Article 3: Objectives and tasks

CHAPTER 2 — MEMBERSHIP

Article 4: Membership and representation

Article 5: Observers status and representation

Article 6: Admission of new Members and Observers

Article 7: Withdrawal of a Member or an Observer

Article 8: Termination of a membership or Observer status

CHAPTER 3 — RIGHTS AND OBLIGATIONS OF MEMBERS AND OBSERVERS

Article 9: Rights and Obligations of Members

Article 10: Rights and Obligations of Observers

CHAPTER 4 — PARTNER SITES

Article 11: Partner Sites

CHAPTER 5 — GOVERNANCE

Article 12: Governance Structure

Article 13: Assembly of Members

Article 14: Decision making by the Assembly of Members

Article 15: Director-General

Article 16: Partner Site Forum

Article 17: Scientific and Ethical Advisory Board

CHAPTER 6 — FINANCE

Article 18: Resources of the EU-OPENSCREEN ERIC

Article 19: Budgetary principles and accounts

Article 20: Liability

CHAPTER 7 — REPORTING TO THE EUROPEAN COMMISSION

Article 21: Reporting to the European Commission

CHAPTER 8 — POLICIES

Article 22: Access policies for Users

Article 23: Outreach policy

Article 24: Dissemination policy

Article 25: Intellectual property rights policy

Article 26: Employment policy

Article 27: Procurement policy and tax exemption

CHAPTER 9 — DURATION AND WINDING UP

Article 28: Duration and Winding Up

CHAPTER 10 — MISCELLANEOUS

Article 29: Setting-up provisions

Article 30: Availability of Statutes

ANNEX 1 — List of Members and Observers

ANNEX 2 — Annual financial contributions by Members, Observers and Intergovernmental Organisations

ANNEX 3 — Access policy

ANNEX 4 — Intellectual property rights policy

ANNEX 5 — Prospective Partner Sites

PREAMBLE

The Czech Republic

The Republic of Finland

The Federal Republic of Germany

The Republic of Latvia

The Kingdom of Norway

The Republic of Poland

The Kingdom of Spain

Hereinafter referred to as ‘the Founding Members’

(a)	DESIRING to strengthen the position of Europe, and especially of the Founding Members, in the world and to facilitate transnational cooperation in the field of Chemical Biology;

(b)	CONSIDERING the endless diversity of possible chemical structures and broad complexity of the biological sciences;

(c)	CONSIDERING that access to the most advanced technologies, chemistry, biology and informatics resources, knowledge and expertise is often limited for the majority of European Chemical Biology researchers;

(d)	CONCLUDING that European countries must overcome this fragmentation and provide open access, thus strengthening the competitiveness of Europe in Chemical Biology and the Life Sciences in general;

(e)

BUILDING on the European Strategy Forum on Research Infrastructure (ESFRI) roadmap which identified the European Infrastructure of Open Screening Platforms for Chemical Biology (EU-OPENSCREEN) as the distributed research infrastructure supporting Chemical Biology and related Life Sciences in Europe through the provision of transnational access to technologies, expertise, data and training and education programs; promoting data sharing; implementing common high quality standards; strengthening collaboration between researchers from academia and industry; and encouraging the structuring of national infrastructures;

(f)

RECOGNISING that membership of EU-OPENSCREEN ERIC enables chemists, biologists, clinicians, engineers and Information Technology specialists to collaborate, taking advantage of EU-OPENSCREEN ERIC's compound collection and database, and thus strengthens the attractiveness and competitiveness of national Chemical Biology research activities with a strong impact on research capacity, innovation and health;

(g)	INVITING other countries to participate in the common activities under the following Statutes,

HAVE AGREED AS FOLLOWS:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Establishment of EU-OPENSCREEN ERIC

1. The European Infrastructure of Open Screening Platforms for Chemical Biology, ‘EU-OPENSCREEN’, is established. EU-OPENSCREEN shall have the legal form of a European Research Infrastructure Consortium (ERIC), hereinafter referred to as ‘EU-OPENSCREEN ERIC’.

2. The statutory seat of EU-OPENSCREEN ERIC shall be in Berlin, Germany.

3. The working language of EU-OPENSCREEN ERIC shall be English.

Article 2

Definitions

In these Statutes the following words or expressions with capital letters shall have the following meanings unless otherwise indicated by the context:

‘Member’ means an entity according to Article 4;

‘Founding Member’ means an entity according to Article 4;

‘Observer’ means an entity according to Article 5;

‘Partner Site’ means an entity according to Article 11;

‘User’ means a legal entity whose scientists seek access to services and resources of EU-OPENSCREEN ERIC. A ‘User’ does not necessarily have to be located in a Member or Observer country.

‘Assay Providing User’ means a legal entity whose scientists provide a test system (assay) which will be used to screen the EU-OPENSCREEN compound collection.

‘Compound Providing User’ means a legal entity whose scientists provide compounds which will be integrated into the EU-OPENSCREEN compound collection.

‘Database User’ means a legal entity whose scientists use the EU-OPENSCREEN database.

‘National Node’ means a Partner Site which has been appointed by its host country in order to serve as a liaison between EU-OPENSCREEN-ERIC and the local scientific community, strengthen the link between the national scientific community (Users) and the distributed research infrastructure, and to build trust in the infrastructure and catalyse the participation of scientists (e.g. Assay Providing Users, Compound Providing Users)

‘Central Office’ is the EU-OPENSCREEN ERIC office located in Berlin. All processes concerning the organisation and implementation of the EU-OPENSCREEN ERIC tasks are managed by the office staff.

‘Host Member State’ refers to the country where the EU-OPENSCREEN ERIC statutory seat is located

‘Rules of Procedure’ means an additional, subsidiary and internal document to these Statutes according to Article 13(5) which represent a comprehensive set of provisions that regulate all operations within EU-OPENSCREEN ERIC.

Article 3

Objectives and Tasks

1. EU-OPENSCREEN ERIC shall establish, operate and develop a European distributed research infrastructure consisting of screening platforms as well as chemistry and biology facilities, in order to facilitate the access to resources, tools and facilities to researchers and to support high quality research on the molecular mechanisms of biological processes.

2. EU-OPENSCREEN ERIC shall operate the infrastructure on a non-economic basis. EU-OPENSCREEN ERIC may carry out limited economic activities, provided that these are closely related to its principal task and that they do not jeopardise the achievement thereof.

3. To fulfil its tasks EU-OPENSCREEN ERIC shall undertake and coordinate activities, including but not limited to:

(a)	develop, build and maintain a European Chemical Biology Library of Compounds;

(b)	develop, build and maintain a Central Database of screening results;

(c)	build and maintain a Central Office for coordinating activities;

(d)	organise and coordinate high-quality infrastructure services supported by harmonised procedures and quality standards;

(e)	grant researchers effective access to the resources and services of EU-OPENSCREEN ERIC and its Partner Sites in accordance with the rules defined in these Statutes;

(f)	establish collaboration with the other European and international research infrastructures in order to serve the research community in interdisciplinary research questions;

(g)	disseminate tools and data for the use of the public;

(h)	engage in exchange with relevant industry without prejudice to Article 3(2) of Council Regulation (EC) No 723/2009 (1).

CHAPTER 2

MEMBERSHIP

Article 4

Membership and representation

1. Entities according to Article 9(1) of Regulation (EC) No 723/2009 may participate in EU-OPENSCREEN ERIC as Members or Observers. The Members at the time the ERIC status is awarded by the European Commission to EU-OPENSCREEN shall be referred to as the ‘Founding Members’.

2. Any Member may appoint a representing entity. The representing entity shall be authorised to represent the Member in all internal issues of EU-OPENSCREEN ERIC. A Member shall inform the Director-General of any change of its representing entity.

3. Members and their representing entities are listed in Annex 1 to the Statutes. The Annex will be kept updated by the Director-General.

Article 5

Observer status and representation

1. Entities willing to become Members of EU-OPENSCREEN ERIC, but not yet in a position to join as Members, may become Observers with limited rights and obligations according to Article 10. The participation as an Observer in EU-OPENSCREEN ERIC will be limited to three years. An extension may be decided by the Assembly of Members on a case to case basis.

2. Any Observer may appoint a representing entity. The representing entity shall be authorised to represent the Observer in all internal issues of EU-OPENSCREEN ERIC. An Observer shall inform the Director-General of any change of its representing entity.

3. Observers and their representing entities are listed in Annex 1 to the Statutes. The Annex shall be kept updated by the Director-General.

Article 6

Admission of new Members and Observers

The terms for admission of new Members and Observers are the following:

(a)	The admission shall require the approval of the Assembly of Members according to the majorities established in Article 14.

(b)	A written application shall describe how the applicant shall contribute to EU-OPENSCREEN ERIC objectives and tasks described in Article 3 and how it shall fulfil the obligations referred to in Article 9 or 10 respectively.

Article 7

Withdrawal of a Member or an Observer

1. A Member may withdraw following a written request 12 months prior to the withdrawal. Within the first five years of a membership, no Member may withdraw unless membership has been entered into for a specified shorter period.

2. An Observer may withdraw following a written request 12 months prior to the withdrawal.

3. Withdrawing Members and Observers shall fulfil all obligations referred to in Article 9(2) or Article 10(2) while the process of withdrawing is ongoing.

Article 8

Termination of a Membership or Observer status

1. The Assembly of Members, upon hearing the Member or Observer in question, may terminate a membership or an observer status if the Member or Observer:

(a)	is in serious breach of one or more of its obligations under these statutes; or

(b)	causes or threatens to cause a serious disruption in the operation of EU-OPENSCREEN ERIC which would either result in a paralysis of internal procedures or the hamper the delivery of EU-OPENSCREEN ERIC services.

2. When termination of a Membership or Observer status is voted on, the Member concerned shall have no voting rights for the proposed decision and the majorities given in Article 14 shall be adjusted accordingly.

3. Members and Observers shall fulfil all obligations referred to in Article 9(2) or Article 10(2) while the process of termination is pending. Nevertheless, a termination shall become effective even if obligations are not being fulfilled.

CHAPTER 3

RIGHTS AND OBLIGATIONS OF MEMBERS AND OBSERVERS

Article 9

Rights and obligations of Members

1. Rights of Members:

(a)	Each Member may attend the Assembly of Members with the right to vote. Members shall state in the appointment letter the name(s) of the delegate(s) with voting right.

(b)	Each Member may participate in all processes and decision making on all matters relating to EU-OPENSCREEN ERIC.

(c)	Users located in a Member country shall have access to services, support and events of EU-OPENSCREEN ERIC. The access shall be subject to the conditions as set in the access policy according to Annex 3 to the Statutes.

(d)	Each Member may appoint a National Node and additional contact points as deemed necessary on national level. Further details shall be laid down in the Rules of Procedure.

2. Obligations of Members:

(a)	Each Member shall pay an annual contribution as decided by the Assembly of Members in accordance with the membership contribution principles given in Annex 2 to the Statutes.

(b)	Each Member shall nominate one or more national Partner Sites. Each Member shall support their Partner Sites in offering services according to Article 11.

Article 10

Rights and obligations of Observers

1. Rights of Observers:

(a)	Each Observer may attend the Assembly of Members without the right to vote.

(b)	Users located in an Observer country shall have access to services, support and events of EU-OPENSCREEN ERIC. The access shall be subject to the conditions as set in the access policy according to Annex 3 to the Statutes.

(c)	Each Observer may appoint contact points as deemed necessary on national level. Further details shall be laid down in the Rules of Procedure.

2. Obligations of Observers:

Each Observer shall pay an annual contribution as decided by the Assembly of Members in accordance with the principles given in Annex 2 to the Statutes.

CHAPTER 4

PARTNER SITES

Article 11

Partner Sites

1. Partner Sites shall be entities with scientific and technological capabilities, and shall themselves or through the organisation in which they are embedded, have the legal capacity to sign binding service level agreements with EU-OPENSCREEN ERIC. They shall provide services to the researchers like screening, assay development or chemical optimisation of biological active compounds.

2. The terms for acceptance of a Partner Site are the following:

(a)	A Partner Site must be nominated by a Member or an applicant Member. It must be located in the nominator's country.

(b)	A Member or an applicant Member that nominates a Partner Site shall submit a written proposal to the Assembly of Members.

(c)

The proposal shall be evaluated by an evaluation committee which shall be appointed by the Assembly of Members. The evaluation committee is an independent ad-hoc structure composed of international scientific experts. Further details shall be laid down in the Rules of Procedure. The evaluation committee shall take into account the following criteria:

i.	scientific quality, excellence and good scientific practice;

ii.	capacities and resources and their availability to provide services within the EU-OPENSCREEN ERIC framework;

iii.	strategy for sustainability;

iv.	expected added value to EU-OPENSCREEN ERIC, such as addition of new or enhancement of existing capabilities.

(d)	The Assembly of Members shall decide on the proposal based on the evaluation result. Decisions on Partner Sites proposed by applicant Members can be made only after the decision on the membership of the applicant Member.

(e)	A Partner Site shall itself or through the organisation in which it is embedded, sign a service level agreement with EU-OPENSCREEN ERIC establishing the rights and duties that shall govern their relationship, including an agreement on the handling of intellectual property rights.

3. Partner Sites nominated by Founding Members may be inaugurated at the constitutional meeting of EU-OPENSCREEN ERIC, provided that:

(a)	they have been evaluated before by the criteria as set out in Article 11(2)(c);

(b)	the evaluation resulted in a positive assessment and have been approved by the Assembly of Members.

The Partner Sites that have been nominated are set out in Annex 5 to the Statutes.

4. Partner Sites shall:

(a)	perform certain services as described in the service level agreement;

(b)	consult with other Partner Sites in making resources, tools and services available to the researchers;

(c)	take part in the Partner Site Forum as set out in Article 16.

5. The terms of termination or withdrawal of a Partner Site shall be set out in the Rules of Procedure.

CHAPTER 5

GOVERNANCE

Article 12

Governance Structure

The governance shall comprise the following bodies:

(a)	the Assembly of Members;

(b)	the Director-General.

Article 13

Assembly of Members

1. The Assembly of Members shall be the highest and ultimate governing body of EU-OPENSCREEN ERIC with full decision-making power. The Assembly of Members shall be responsible in accordance with the provisions of these Statutes for the overall direction and supervision of EU-OPENSCREEN ERIC.

2. The Assembly of Members shall be constituted through the first meeting of the Members after the establishment of EU-OPENSCREEN ERIC.

3. The Assembly of Members shall be composed of representatives of Members and Observers. Each Member or Observer shall appoint up to two delegates to the Assembly of Members, while every delegate may be represented by a proxy. Each Member shall have one vote. Observers shall have no voting right.

4. The Assembly of Members shall meet at least once a year. Upon request of at least one third of the Members or of the Director-General, the Chairperson shall initiate additional meetings.

5. The Assembly of Members shall:

(a)	draw up and amend internal Rules of Procedure;

(b)	discuss, amend and decide on the strategy, governance structure, and intellectual property right policy;

(c)	decide on all issues that are closely related to budgetary questions, such as defining the financial contributions required for membership or observer status;

(d)	approve the annual report and work plan, including the annual budget and audited accounts;

(e)	decide on proposals for amendments to the Statutes and submit these to the European Commission for approval;

(f)	admit and terminate the membership of Members and status of Observers and decide on the winding up of EU-OPENSCREEN ERIC;

(g)	elect, approve, and revoke a Chairperson and a Vice-Chairperson of the Assembly of Members and define their term of office;

(h)	appoint, suspend or dismiss the Director-General, and provide guidance and direction to the Director-General;

(i)	appoint or dismiss the members of the Scientific and Ethical Advisory Board;

(j)	establish further bodies, working level structures and advisory boards and define their assignment and ruling, if deemed necessary;

(k)	decide on the User access policy within the principles of Annex 3 to the Statutes;

(l)	and decide on any other matters that are necessary to fulfil the tasks of the EU-OPENSCREEN ERIC.

Article 14

Decision making by the Assembly of Members

1. Quorum shall be formed if 75 % of the Members are present representing 75 % of the Members' annual mandatory contributions. If the quorum is not met, a second meeting shall be convened as soon as possible following a new invitation with the same agenda.

2. On all decisions the Assembly of Members shall use their best efforts to achieve consensus. Abstaining from vote shall be possible. Abstention shall not be considered as to hinder consensus.

3. If consensus fails, a simple majority of those Members present and voting shall be sufficient to pass a decision unless explicitly stated otherwise in Article 14(5) or (6).

4. In the event of a tie vote the majority of mandatory contributions shall have the casting vote.

5. Decisions regarding the following matters shall require consensus:

(a)	the proposals for amendment of the Statutes;

(b)	the long-term work and financial plan;

(c)	changes of Annex 2 to the Statutes.

6. Decisions regarding the following matters shall require agreement of at least 75 % of all Members representing at least 75 % of the Members' annual mandatory contributions:

(a)	adoption of internal Rules of Procedure or their amendment;

(b)	approval and amendment of the annual work plan and budget;

(c)	approval of the annual report and the audited accounts;

(d)	winding up of EU-OPENSCREEN ERIC;

(e)	admission, extension or termination of the membership or observer status,

(f)	appointment, reappointment, suspension or dismissal of the Director-General.

7. A Member that is in arrears with the financial contribution at the end of the financial year shall have no voting rights. The quorum and majorities shall be adjusted accordingly.

Article 15

Director-General

1. The Director-General shall be the legal representative of EU-OPENSCREEN ERIC in charge of its day-to-day management.

2. The Director-General shall be appointed by the Assembly of Members for a term of up to five years, with the possibility to be reappointed once. Further details shall be laid down in the Rules of Procedure.

3. The Director-General shall follow the guidance and decisions taken by the Assembly of Members in the carrying out of his or her responsibilities.

4. The Director-General shall be assisted by the staff of the Central Office.

5. The Director-General shall:

(a)	be responsible for the efficient administration of EU-OPENSCREEN ERIC and for ensuring the execution of the decisions of the Assembly of Members;

(b)	be in charge of execution of the work plan, including establishment of EU-OPENSCREEN ERIC services and expenditure of budget;

(c)	conclude contracts and conduct other legal and administrative proceedings;

(d)	appoint, supervise and dismiss EU-OPENSCREEN ERIC staff;

(e)	report to the Assembly of Members and be accountable for EU-OPENSCREEN ERIC finances, and for observing all legal requirements in the development of its tasks and activities;

(f)	prepare and submit to the Assembly of Members, after consultation with the Partner Site Forum, a draft annual work plan and budget as well as the long-term work and financial plan of EU-OPENSCREEN ERIC.

(g)	provide the Assembly of Members with an annual report on the work plan, including financial accounts, tasks achieved, tasks not achieved and appropriate explanations or correcting measures, no later than three months after the end of each financial year;

(h)	prepare and submit after approval of the Assembly of Members any documentation requested by the European Commission;

(i)	prepare and attend the meetings of the Assembly of Members;

(j)	attend the Partner Site Forum meetings.

Article 16

Partner Site Forum

1. The Partner Site Forum shall be a permanent body and shall be composed of one representative from each Partner Site and one representative of each National Node, if applicable. Each Partner Site shall nominate its representative. The Partner Site representatives shall nominate a Chair from within their ranks.

2. The Partner Site Forum shall:

(a)	advise the Director-General in the development of the annual work plan and budget and other matters requested by the Director-General;

(b)	support the Director-General in execution of the annual work plan and budget, for enabling efficient interaction between the Partner Sites;

(c)	advocate for the needs of the Partner Sites within EU-OPENSCREEN ERIC;

(d)	The Partner Site Forum may draw up its own Rules of Procedure which shall be approved by the Assembly of Members.

Article 17

Scientific and Ethical Advisory Board

1. The Scientific and Ethical Advisory Board shall consist of independent and internationally recognised scientists and/or experts acting on their personal title.

2. The Scientific and Ethical Advisory Board shall offer advice on all matters including ethical questions requested by the Assembly of Members. Further details will be laid down in the Rules of Procedure.

3. The Assembly of Members shall appoint the members of the Scientific and Ethical Advisory Board for three years. The Assembly of Members may reappoint them once for the same duration.

CHAPTER 6

FINANCE

Article 18

Resources of the EU-OPENSCREEN ERIC

The resources of EU-OPENSCREEN ERIC shall consist of the following:

(a)	contributions of Members and Observers as described in Annex 2 to the Statutes;

(b)	other resources within legal limits and under terms approved by the Assembly of Members.

Article 19

Budgetary principles and accounts

1. The ordinary financial year of EU-OPENSCREEN ERIC shall be the calendar year.

2. The budget shall be established, implemented and the accounts presented in compliance with principles of transparency and sound financial management.

3. All items of revenue and expenditure of EU-OPENSCREEN ERIC shall be included in estimates to be drawn up for each financial year and shall be shown in the annual budget.

4. The accounts of EU-OPENSCREEN ERIC shall be accompanied by a report on the performance, on budgetary and financial management of the financial year.

5. EU-OPENSCREEN ERIC shall have separate records for its economic and non-economic activities.

Article 20

Liability

1. The liability of the Members and Observers for the debts of EU-OPENSCREEN ERIC shall be limited to their respective contributions.

2. EU-OPENSCREEN ERIC shall take appropriate and commensurate insurance to cover the risks specific to the construction and operation of EU-OPENSCREEN ERIC.

CHAPTER 7

REPORTING TO THE EUROPEAN COMMISSION

Article 21

Reporting to the European Commission

EU-OPENSCREEN ERIC shall produce an annual activity report, containing in particular the scientific, operational and financial aspects of its activities. The report shall be approved by the Assembly of Members and transmitted to the European Commission and relevant public authorities within six months of the end of the corresponding financial year. This report shall be made publicly available on the EU-OPENSCREEN ERIC website.

CHAPTER 8

POLICIES

Article 22

Access policies for Users

1. EU-OPENSCREEN ERIC shall grant Users access to its services and resources according to the policy laid down in Annex 3 to the Statutes.

2. There shall be different categories of Users. The Assembly of Members shall decide on various fees and scope of access for these categories.

Article 23

Outreach policy

1. EU-OPENSCREEN ERIC shall promote the construction of a chemical biology network and community in Europe and shall encourage researchers to embark on new and innovative projects in the life sciences and to use EU-OPENSCREEN ERIC in their higher education.

2. EU-OPENSCREEN ERIC shall promote high quality research and shall support a culture of ‘best practices’, including training activities.

Article 24

Dissemination Policy

Users of EU-OPENSCREEN ERIC services and resources shall make their research results publicly available within the Central Database of EU-OPENSCREEN ERIC after a grace period of two years. Upon request an extension up to a total of three years may be granted. Notwithstanding, existing rights and obligations shall be respected.

Article 25

Intellectual property rights policy

1. The term intellectual property shall be understood according to Article 2 of the convention establishing the World Intellectual Property Organisation signed on 14 July 1967.

2. EU-OPENSCREEN ERIC may own intellectual property whenever EU-OPENSCREEN ERIC contribution covers the innovation process. Further details in relation to the intellectual property policy of EU-OPENSCREEN ERIC shall be set out in Annex 4 to the Statutes and in the Rules of Procedure.

3. Income generated by intellectual property produced by EU-OPENSCREEN ERIC shall be used for the operations of EU-OPENSCREEN ERIC up to a threshold laid down in the Rules of Procedure. The use of income above this threshold shall be subject to a decision of the Assembly of Members.

4. No provision in these Statutes should be understood as seeking to alter the scope and application of intellectual property rights and benefit-sharing agreements as determined under relevant laws and regulations of the Members and Observers and international agreements to which they are a party.

Article 26

Employment policy

1. EU-OPENSCREEN ERIC shall be an equal opportunity employer. For each vacancy EU-OPENSCREEN ERIC shall select the best candidate. EU-OPENSCREEN ERIC employment policy shall be governed by the laws of the country in which the staff is employed.

2. The selection procedures for EU-OPENSCREEN ERIC staff positions shall be transparent, non-discriminatory and respect equal opportunities. Recruitment and employment shall not be discriminatory.

Article 27

Procurement policy and tax exemption

1. EU-OPENSCREEN ERIC shall treat procurement candidates and tenderers equally and in a non-discriminatory way, independent of whether or not they are based in the European Union. All procurements shall follow the principles of transparency, non-discrimination and competition. Public procurement of innovation may be made a criterion. Details shall be laid down in the Rules of Procedure.

2. Procurement by Partner Sites shall respect EU-OPENSCREEN ERIC needs, technical requirements and specifications issued by the relevant bodies. Further details shall be laid down in the Rules of Procedure. The agreement between a Partner Site and EU-OPENSCREEN ERIC shall contain an according provision.

3. Tax exemptions based on point (g) of Article 143(1) and point (b) of Article 151(1) of Council Directive 2006/112/EC (2) and in accordance with Articles 50 and 51 of Council Implementing Regulation (EU) No 282/2011 (3) shall apply to purchases of goods and services which are for the official use by EU-OPENSCREEN ERIC, are procured and paid for by it and for which the amount of VAT to be reimbursed exceeds a total of EUR 25 per invoice. Procurement by individual members shall not benefit from these exemptions. No tax exemption shall be granted on goods and services intended for the personal use of EU-OPENSCREEN ERIC employees or of third parties.

4. Excise goods as defined in points (b) and (c) of Article 1(1) of Council Directive 2008/118/EC (4) may be granted an exemption from payment of excise duty in accordance with point (b) of Article 12(1) of that Directive provided that those excise goods are intended exclusively for official use by the ERIC and are procured and paid for by it. No exemption from payment of excise duties shall be granted for excise goods intended for the personal use of EU-OPENSCREEN ERIC employees or of third parties.

5. Duties paid on energy products and electricity as defined in point (a) of Article 1(1) of Directive 2008/118/EC may be refunded in accordance with point (b) of Article 12(1) and Article 12(2) of that Directive provided that those energy products and electricity are intended exclusively for official use by EU-OPENSCREEN ERIC and are procured and paid for by it, and that the amount of the duty exceeds a total of EUR 25 per invoice. No duty exemption shall be granted on energy products or electricity intended for the personal use of EU-OPENSCREEN ERIC employees or of third parties.

CHAPTER 9

DURATION AND WINDING UP

Article 28

Duration and Winding up

1. EU-OPENSCREEN ERIC shall exist for an indefinite period of time.

2. The winding up of EU-OPENSCREEN ERIC shall follow a decision of the Assembly of Members in accordance with Article 14(6) or when the number of members falls down below the minimum established in Article 9 of the Regulation (EC) No 723/2009.

3. Without undue delay and in any event within 10 days after adoption of the decision to wind up EU-OPENSCREEN ERIC, EU-OPENSCREEN ERIC shall notify the European Commission of the decision.

4. Assets remaining after payment of EU-OPENSCREEN ERIC debts shall be apportioned among the Members and Observers at the time of dissolution in proportion to their accumulated annual contributions to EU-OPENSCREEN ERIC.

5. EU-OPENSCREEN ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

CHAPTER 10

MISCELLANEOUS

Article 29

Setting up provisions

1. A constitutional meeting of the Assembly of Members shall be called by the Host Member State as soon as possible but no later than 45 calendar days after the European Commission decision to set up EU-OPENSCREEN ERIC has been published in the Official Journal of European Union and takes effect.

2. The Host Member State shall notify the Founding Members of any specific urgent legal action that needs to be taken on behalf of EU-OPENSCREEN ERIC before the constitutional meeting is held. Unless a Founding Member objects within 15 calendar days of being notified, the legal action shall be carried out by a person duly authorised by the Host Member State.

Article 30

Availability of Statutes

These Statutes shall be made publicly available through the EU-OPENSCREEN ERIC website and at its statutory seat, in accordance with Article 10 of Regulation (EC) No 723/2009.

(1) Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, p. 1).

(2) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

(3) Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1).

(4) Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).

ANNEX 1

List of Members and Observers

In this Annex the Members and Observers, and the entities representing them are listed. Annex 1 shall be updated by the Director-General after revocation or withdrawal, or after admission of Members or Observers.

Members

Country or Intergovernmental Organisation	Official Representing Entity(ies)
The Federal Republic of Germany	Federal Ministry of Education and Research (BMBF)
The Kingdom of Norway	Research Council of Norway (RCN)
The Czech Republic	Ministry of Education, Youth and Sports (MEYS)
The Republic of Finland	Ministry of Education and Culture for the Government of Finland
The Republic of Latvia	Latvian Institute of Organic Synthesis (LIOS)
The Republic of Poland	Ministry of Science and Higher Education (MNiSW)
The Kingdom of Spain	Instituto de Salud Carlos III (ISCIII)

Observers

Country or Intergovernmental Organisation	Official Representing Entity(ies)

ANNEX 2

Annual financial contributions by Members, Observers and Intergovernmental Organisations

1.	This Annex lays down the mechanism of calculation of the contributions by Members and Observers. The overall amount of contributions by Members and Observers, as part of the revenues of EU-OPENSCREEN ERIC, shall be defined in the draft annual work plan and budget of EU-OPENSCREEN ERIC.

2.	The membership contribution of intergovernmental organisations shall be decided by the Assembly of Members on a case-by-case basis.

3.	After the subtraction of the contributions according to 2), one quarter of the remaining overall contributions shall be allocated according to 4) and three quarters according to 5).

4.	Every Member shall pay an equal share. The Host country shall pay a double Member share. An Observer shall pay 30 % of a Member share.

5.	The contributions shall be allocated according to an indicator defined as (GDP_per_capita-8000) x Population x Status_factor where GDP_per_capita is given in EUR p.a. and Status_factor = 1 for Members, 0,3 for Observers, and 2 for the Host country.

None of the Members shall pay more than 50 % of the overall amount of contributions by the Founding Members/Observers or early Members/Observers. In case that, according to the above membership contribution model, the contribution of a Member would exceed this level, the difference will be distributed among the other Members/Observers according to 3), 4), and 5).

7.	At least 50 % of the contribution of a new Member or Observer will be devoted to diminish the contribution of the old Members and Observers according to 3), 4), and 5).

ANNEX 3

Access policy

1.	This Annex describes the policy for users to access the research infrastructure of EU-OPENSCREEN ERIC.

2.	EU-OPENSCREEN ERIC shall represent a globally relevant resource and attract users from a variety of scientific disciplines and geographical regions.

3.	EU-OPENSCREEN ERIC shall be committed to applying an impartial and transparent access policy to facilitate the entry of the most promising projects on the platforms. All projects shall be assessed for technical feasibility by the EU-OPENSCREEN ERIC Central Office and relevant Partner sites.

4.	The Central Office shall serve as a single point of access for Users to access EU-OPENSCREEN ERIC expertise and facilities, and shall support prospective Users to secure project funding.

5.	All prospective Users shall be informed by the EU-OPENSCREEN ERIC Central Office of the scientific and technical, administrative and financial requirements which need to be met in order to access the research infrastructure. These requirements shall be agreed by the Assembly of Members.

Different modes of access shall cover three main user groups of the research infrastructure: assay provider, compound provider and database user:

a.	Excellence driven access; Assay Providing User projects and Compounds submitted to the EU-OPENSCREEN ERIC compound collection by Compound Providing Users shall enter under an excellence-driven process;

b.	Market-driven and non-peer reviewed access: Industrial Users and other Users with projects not having received independent scientific peer review shall enter under a market-driven and non-peer reviewed access; and

c.	Wide access: Database Users shall access the EU-OPENSCREEN ERIC database under a wide access process in order to maximise impact, availability and reusability of generated data. At the same time, it shall be ensured that the originator of the data shall be properly acknowledged.

To qualify for Excellence-driven access, Assay Providing User projects must provide the EU-OPENSCREEN ERIC Central Office with documentation confirming that the project has received a positive evaluation in an independent scientific review procedure. In general, the positive evaluation should be associated with the granting of project specific funding by legally constituted international, European, national, regional, charitable, institutional or similar grant-providing entities.

8.	To qualify for Excellence-driven access, Compound providers shall provide compounds which are quality controlled in terms of purity and identity, as well as in sufficient physical amounts to allow screening of User Projects.

9.	Users from EU-OPENSCREEN ERIC Member countries, Observer countries and countries not yet associated with EU-OPENSCREEN ERIC shall each pay different access fees for using the screening services of the research infrastructure.

10.	All users shall adhere to EU-OPENSCREEN ERIC’s ‘open-access’ principle (i.e.: timely release of data into the EU-OPENSCREEN ERIC database).

ANNEX 4

Intellectual property rights policy

1.	This Annex describes the Intellectual Property Rights Policy for Users accessing the research infrastructure of EU-OPENSCREEN ERIC.

2.	The EU-OPENSCREEN ERIC Intellectual Property Rights Policy shall facilitate to promote knowledge creation and innovation in the European Research Area by maximising the impact and preserving the reusability of data for the benefit of the community.

EU-OPENSCREEN ERIC shall be committed to achieve:

a.	The broadest possible use of data through public accessibility and dissemination,

b.	The protection of intellectual property for later exploitation,

c.	High standards of security and traceability of Intellectual Property Rights, and

d.	Stimulation of international research laboratories to provide Intellectual Property Rights-sensitive material, information and data.

4.	The EU-OPENSCREEN ERIC Intellectual Property Rights Policy shall support inventors of Intellectual Property Rights to protect, develop and exploit their screening results and subsequent inventions.

EU-OPENSCREEN ERIC shall protect and bring into consideration the Intellectual Property Rights of the providers of compounds, bioassays, (in-formation) technology or related know-how in a way that ensures they are willing to share their Intellectual Property Rights in the framework of the EU-OPENSCREEN ERIC.

6.	EU-OPENSCREEN ERIC shall establish legal agreements with Compound Providing Users.

7.	The legal relations between EU-OPENSCREEN ERIC and the Partner Sites shall be governed by bilateral service agreements.

8.	EU-OPENSCREEN ERIC shall ensure that Partner Sites include in their service agreements with Users obligations for Users to pay the Compound replenishment fee and to disseminate results through the European Chemical Biology Database in a timely manner.

9.	EU-OPENSCREEN ERIC statutes and project agreements shall not alter the scope and application of Intellectual Property Rights and benefit-sharing agreements as determined under relevant laws, regulations and international agreements among Members of EU-OPENSCREEN ERIC.

10.	The legal regulations between EU-OPENSCREEN ERIC and the Partner Sites shall protect the background and foreground Intellectual Property Rights of Users.

11.	The Compound Providing Users shall provide their compounds for screening to EU-OPENSCREEN ERIC under a Material Transfer Agreement (MTA) that warrants data sharing and a right of first refusal for a future partnership with the Assay Providing Users.

12.	Assay Providing Users shall interact with EU-OPENSCREEN ERIC according to project agreements.

13.	Database Users accessing the public database have to accept a license (similar to a Creative Commons or Open Database License) connected with the database.

14.	Permission to mine non-public parts of the EU-OPENSCREEN ERIC data-base shall require the signing of a confidentiality agreement with EU-OPENSCREEN ERIC and the User(s) that generated that part of the database in question.

15.	Each User within an EU-OPENSCREEN project shall maintain adequate procedures to protect any confidential information which was made accessible to his or her colleagues or staff.

16.	Background Intellectual Property Rights relating to proprietary compounds in the academic collection of EU-OPENSCREEN ERIC shall be retained by the Compound Providing User who donated the compound via the national nodes or directly to EU-OPENSCREEN ERIC.

17.	Background Intellectual Property Rights of assays provided by the Assay Providing User shall be retained by the Assay Providing User.

18.	Background Intellectual Property Rights generated in-house at EU-OPENSCREEN ERIC or the Partner Site (e.g. relating to compounds, technologies, computer programmes) shall be retained by EU-OPENSCREEN ERIC or the Partner Site.

19.	The contracts between EU-OPENSCREEN ERIC and the Compound Providing Users shall set out in detail how background Intellectual Property Rights has to be treated.

20.	Users shall inform EU-OPENSCREEN ERIC about any patent, trademark, copyright or other intellectual property rights of any party, which may be related to the project, and vice versa.

21.

In cases where proprietary compounds revealed a hit, both the Assay Providing User and Compound Providing User shall be the owner of generated Intellectual Property Rights. In general the Compound Providing User shall be co-inventor with Assay Providing User on patents and associated to any Intellectual Property Rights newly generated with his/her compound.

22.

Following the recommendations for the conduct, reporting, editing, and publication of scholarly work in medical journals (commonly referred to as the Vancouver Convention) drawn up by the International Committee of Medical Journal Editors (ICMJE) and lastly updated in December 2017, the Compound Providing User shall become co-author on a first academic publication.

23.	While Assay Providing Users will obtain the confirmed results of their screens, Compound Providing Users shall be notified regularly and automatically by EU-OPENSCREEN ERIC when their compounds have been screened.

24.	In general foreground Intellectual Property Rights shall belong to the User(s) who generated it.

25.	‘Foreground Intellectual Property Rights’ shall mean the results, including data (e.g. hits), know-how and information, generated by the User project in Phase I (screening) or Phase II (hit-to-tool compound optimisation).

26.	EU-OPENSCREEN ERIC or the Partner Site may own foreground Intellectual Property Rights if its contribution is considered innovative.

27.	Where the results generated at EU-OPENSCREEN ERIC are owned by more than one User, Users shall agree in good faith on the conditions of the protection to the benefit of all owners including patents and joint publications. The shares of ownership should reflect the contribution to the result.

28.

The Assay Providing User shall be obliged to contact the Compound Providing User to settle future Intellectual Property Rights issues including patenting and publication strategies. The owner(s) of the results shall, subject to the provision that these results are capable of industrial or commercial application, provide for its adequate and effective protection, in conformity with all relevant legal provisions.

29.

When two or more Users claim ownership of Intellectual Property Rights generated at EU-OPENSCREEN ERIC and/or a Partner Site, none of the Users shall interfere with obtaining this protection (e.g. by postponing publishing). Such a case might occur when two different Assay Providing Users claim Intellectual Property Rights ownership together with the Compound Providing User and owner of a common hit compound.

30.

The User(s) who has/have generated the Intellectual Property Rights shall ensure that the right of disposal of Intellectual Property Rights associated with any results generated by staff or subcontractors shall be transferred or assigned to such staff or subcontractors according to the applicable legal requirements or under separate agreements on transfer.

ANNEX 5

Prospective partner sites

Czech Republic

1.	Masaryk University, Žerotinovo nám. 617/9, 601 77 Brno

2.	Institute of Molecular and Translational Medicine (IMTM), Hněvotínská, 5, 77900 Olomouc

3.	Institute of Molecular Genetics AS CR, v. v. i. (IMG), Vídeňská 1083, 142 20 Praha 4

Finland

1.	University of Helsinki, P.O. Box 56 (Viikinkaari 5 E), FI-00014 Helsinki

2.	Institute for Molecular Medicine Finland (FIMM), University of Helsinki, Biomedicum Helsinki, Building 2U, Tukholmankatu 8, P.O. Box 20, FI-00014 Helsinki

3.	CSC — IT Center for Science Ltd, P.O. Box 405, FI-02101 Espoo

Germany

1.	Leibniz-Forschungsinstitut für Molekulare Pharmakologie (FMP), Robert-Rössle-Straße 10, 13125 Berlin

2.	Max Delbrück Center for Molecular Medicine (MDC), Robert-Rössle-Straße 10, 13125 Berlin

3.	Helmholtz-Zentrum für Infektionsforschung GmbH (HZI), Inhoffenstraße 7, 38124 Braunschweig

4.	Fraunhofer Institute for Molecular Biology and Applied Ecology (IME), Department Screening Port, Schnackenburgallee 114, 22525 Hamburg

Latvia

1.	Latvian Institute of Organic Synthesis, Aizkraukles 21, LV-1006, Rīga

Norway

1.	University of Bergen (UiB), Jonas Lies vei 91, NO-5009 Bergen

2.	NCMM-Biotechnology, Faculty of Medicine, University of Oslo, P.O. Box 1125 Blindern, NO-0317 Oslo

3.	UiT- The Arctic University of Norway, Postboks 6050 Langnes, NO-9037 Tromsø

4.	Stiftelsen SINTEF, P.O. Box 4760 Sluppen, NO-7465 Trondheim

Poland

1.	Centre of Molecular and Macromolecular Studies, Polish Academy of Sciences (CMMS PAS), Sienkiewicza 112; 90-363 Łódź

2.	Institute of Medical Biology, Polish Academy of Sciences (IMB PAS), Lodowa 106, 93-232 Łódź,

3.	Institute of Bioorganic Chemistry, Polish Academy of Sciences (IBCh PAS), Z. Noskowskiego 12/14, 61-704 Poznań

4.	Institute of Biochemistry and Biophysics, Polish Academy of Sciences (IBB PAS), Pawińskiego 5a street, 02-106 Warszawa

5.	Pharmaceutical Research Institute (PRI), 8 Rydygiera, 01-793 Warszawa

Spain

1.	IMIM (Institut Hospital del Mar d’Investigacions Mèdiques), Fundació Institut Mar d’Investigacions Mèdiques, Parc de Recerca Biomèdica de Barcelona (despatx 106), Barcelona, BARCELONA

2.	University of Barcelona, Travessera de les corts, 131-159, 08028 Barcelona, BARCELONA

3.	Fundación Centro de Excelencia en Investigación de Medicamentos Innovadores en Andalucía, MEDINA (Fundación MEDINA), Avda Conocimiento 34, Parque Tecnológico Ciencias de la Salud, 18016 Armilla, Granada, GRANADA

4.	Centro de Investigaciones Biologicas-CSIC c/Ramiro de Maeztu 9, 28040 Madrid, MADRID

5.	University of Santiago de Compostela, Colexio de San Xerome, Praza do Obradoiro, s/n 15782 Santiago de Compostela, A CORUÑA

6.	Príncipe Felipe Research Center (CIPF), Av. Eduardo Primo Yúfera 3, 46012 Valencia, VALENCIA

26.3.2018

Official Journal of the European Union

C 111/29

Notice of initiation of a safeguard investigation concerning imports of steel products

(2018/C 111/10)

The information currently available to the European Commission (‘the Commission’), including the surveillance measures in place (1), has revealed that imports of certain steel products have recently increased sharply, showing that there is sufficient evidence that these trends in imports appear to call for safeguards measures. The Commission has therefore decided to initiate ex officio a safeguard investigation, pursuant to Article 5 of Regulation (EU) 2015/478 of the European Parliament and of the Council (2) and Article 3 of Regulation (EU) 2015/755 of the European Parliament and of the Council (3).

1. PRODUCTS UNDER INVESTIGATION

The products subject to this investigation are certain steel products (the ‘products concerned’). The products concerned, together with the CN codes within which they are currently classified, are listed in Annex I to this Notice. Those CN codes are given for information purposes only.

2. INCREASE IN IMPORTS AND INJURY

The information currently available to the Commission indicates that total imports of the products concerned increased from 17,8 million tonnes to 29,3 million tonnes in the period 2013-2017. Imports of the products concerned increased by around 65 % between 2013 and 2016. The main increases took place in 2015 and especially in 2016, when they reached 28,6 million tonnes. Imports of the products concerned have remained at a significant level thereafter. In addition, there have been sudden, recent, significant and sharp increases in imports of each of the products concerned in absolute terms. In addition, the Commission also notes that total imports of the products concerned increased in relative terms as well, i.e. from 7,3 % to 11,6 % in terms of production and from 12,2 % to 17,6 % in terms of consumption. In both instances, the increases manifested themselves during the period 2014-2016 after which imports remained at a relatively high level. The increase in imports appear to be the result of unforeseen developments such as the global overcapacity in steel making and trade measures adopted by a series of third countries during the last years in the context of that global overcapacity.

There is also sufficient evidence showing that the volume and the prices of these imports have caused or are threatening to cause significant overall impairment of the position of the Union industry, based on the economic indicators specified in Article 9 of Regulation (EU) 2015/478 and Article 6 of Regulation (EU) 2015/755. In particular, this evidence shows that imports of the products concerned have had, for some categories of products, among other consequences, a negative impact on the market shares of the Union producers. In addition, the import prices were throughout the period lower than the Union industry's sales prices. This has put significant pressure on the Union industry's sales prices resulting in a negative or a low level of profit. For some of the products concerned, even though the financial situation appears to have improved in 2017, they are still in a fragile situation and vulnerable to a further increase in imports, which is likely to be imminent given the context of an overall steel overcapacity, the increasing number of trade defence measures taken by third countries on steel products and the recent Section 232 measures by the United States of America. The investigation will examine the situation of the products concerned, including the situation of each of the product categories individually, also based on the most recent developments, such as any trade diversion resulting from the US measures.

3. PROCEDURE

Having determined, after informing the Member States, that there is sufficient evidence to justify the initiation of an investigation, the Commission hereby initiates an investigation pursuant to Article 5 of Regulation (EU) 2015/478 and Article 3 of Regulation (EU) 2015/755.

The investigation will determine whether, as a result of unforeseen developments, the products concerned are being imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to the Union producers of like or directly competing products.

3.1. Written submissions, questionnaire replies and correspondence

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known producers of the like or directly competing products and to any known associations of producers, in the Union. The completed questionnaires must reach the Commission within 21 days from the date on which they are sent.

All interested parties including exporting producers, importers and users of the products concerned and their associations are invited to make known their views in writing, submit information and to provide supporting evidence. Representations in a free format should be submitted within 21 days of the date of publication of this Notice in the Official Journal of the European Union. Interested parties may make themselves known by contacting the Commission, preferably by email, immediately but no later than 15 days after the publication of this Notice in the Official Journal of the European Union, and request a questionnaire. The completed questionnaire should be submitted within 21 days from the date on which they are sent.

Any submission of views and information after the above deadlines may be disregarded.

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

Information submitted to the Commission 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’ (1). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

In order to ensure adequate right of defence to all interested parties during the investigation, parties providing ‘Limited’ information are required to furnish non-confidential summaries of it, 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 a party providing confidential information fails to show good cause for a confidential treatment request or 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 email 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 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, Unit H5

Office: CHAR 03/66

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email address: TRADE-SAFEGUARD-STEEL@ec.europa.eu

3.3. Hearings

Pursuant to Article 5 of Regulation (EU) 2015/478 and Article 3 of Regulation (EU) 2015/755, all interested parties may also apply to be heard by the Commission within 21 days of the date of publication of this Notice in the Official Journal of the European Union.

4. INSPECTION OF INFORMATION

Interested parties who have made known their views or submitted information or requested to be heard in accordance with Article 5 of Regulation (EU) 2015/478 and Article 3 of Regulation (EU) 2015/755, and representatives of the exporting countries, may, upon written request, inspect all information made available to the Commission in connection with the investigation other than internal documents prepared by the authorities of the Union or its Member States, provided that that information is relevant to the presentation of their case and not confidential within the meaning of Article 8 of Regulation (EU) 2015/478 or Article 5 of Regulation (EU) 2015/755, and that it is used by the Commission in the investigation. Interested parties which have come forward may communicate their views on the information in question to the Commission and those views may be taken into consideration where they are supported by sufficient evidence.

5. 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 may be made on the basis of facts available, in accordance with Article 5 of Regulation (EU) 2015/478 and Article 3 of Regulation (EU) 2015/755. 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.

6. 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.

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 to, among other things, the increase of imports, injury, causal link and Union interest.

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

7. SCHEDULE OF THE INVESTIGATION

If the Commission determines that measures are necessary, the Commission shall take the necessary decisions in accordance with Chapter V of Regulations (EU) 2015/478 and (EU) 2015/755 respectively, no later than nine months from the date of initiation, unless exceptional circumstances exist, in which case that time limit may be extended by a maximum period of two months. If the time limit is extended, the Commission will publish a Notice in the Official Journal of the European Union setting forth the duration of the extension and a summary of the reasons.

8. 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 (4).

(1) Commission Implementing Regulation (EU) 2016/670 of 28 April 2016 introducing prior Union surveillance of imports of certain iron and steel products originating in certain third countries (OJ L 115, 29.4.2016, p. 37).

(2) Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports (OJ L 83, 27.3.2015, p. 16).

(3) Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).

(1) A ‘Limited’ document is a document which is considered confidential pursuant to Article 8 of Regulation (EU) 2015/478, Article 5 of Regulation (EU) 2015/755 and Article 3.2 of the WTO Agreement on Safeguards. 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).

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

ANNEX

Products Concerned

Product number	Product category	CN Codes
1	Non Alloy and Other Alloy Hot Rolled Sheets and Strips	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 , 7212 60 00 , 7225 19 10 , 7225 30 10 , 7225 30 30 , 7225 30 90 , 7225 40 15 , 7225 40 90 , 7226 19 10 , 7226 91 20 , 7226 91 91 , 7226 91 99
2	Non Alloy and Other Alloy Cold Rolled Sheets	7209 15 00 , 7209 16 90 , 7209 17 90 , 7209 18 91 , 7209 25 00 , 7209 26 90 , 7209 27 90 , 7209 28 90 , 7209 90 20 , 7209 90 80 , 7211 23 20 , 7211 23 30 , 7211 23 80 , 7211 29 00 , 7211 90 20 , 7211 90 80 , 7225 50 20 , 7225 50 80 , 7226 20 00 , 7226 92 00
3	Electrical Sheets (other than GOES)	7209 16 10 , 7209 17 10 , 7209 18 10 , 7209 26 10 , 7209 27 10 , 7209 28 10 , 7225 19 90 , 7226 19 80
4	Metallic Coated Sheets	7210 20 00 , 7210 30 00 , 7210 41 00 , 7210 49 00 , 7210 61 00 , 7210 69 00 , 7210 90 80 , 7212 20 00 , 7212 30 00 , 7212 50 20 , 7212 50 30 , 7212 50 40 , 7212 50 61 , 7212 50 69 , 7212 50 90 , 7225 91 00 , 7225 92 00 , 7226 99 10 , 7226 99 30 , 7226 99 70
5	Organic Coated Sheets	7210 70 80 , 7212 40 80
6	Tin Mill products	7209 18 99 , 7210 11 00 , 7210 12 20 , 7210 12 80 , 7210 50 00 , 7210 70 10 , 7210 90 40 , 7212 10 10 , 7212 10 90 , 7212 40 20
7	Non Alloy and Other Alloy Quarto Plates	7208 51 20 , 7208 51 91 , 7208 51 98 , 7208 52 91 , 7208 90 20 , 7208 90 80 , 7210 90 30 , 7225 40 12 , 7225 40 40 , 7225 40 60 , 7225 99 00
8	Stainless Hot Rolled Sheets and Strips	7219 11 00 , 7219 12 10 , 7219 12 90 , 7219 13 10 , 7219 13 90 , 7219 14 10 , 7219 14 90 , 7219 22 10 , 7219 22 90 , 7219 23 00 , 7219 24 00 , 7220 11 00 , 7220 12 00
9	Stainless Cold Rolled Sheets and Strips	7219 31 00 , 7219 32 10 , 7219 32 90 , 7219 33 10 , 7219 33 90 , 7219 34 10 , 7219 34 90 , 7219 35 10 , 7219 35 90 , 7219 90 20 , 7219 90 80 , 7220 20 21 , 7220 20 29 , 7220 20 41 , 7220 20 49 , 7220 20 81 , 7220 20 89 , 7220 90 20 , 7220 90 80
10	Stainless Hot Rolled Quarto Plates	7219 21 10 , 7219 21 90
11	Grain-Oriented Electrical Sheet	7225 11 00 , 7226 11 00
12	Non Alloy and Other Alloy Merchant Bars and Light Sections	7214 30 00 , 7214 91 10 , 7214 91 90 , 7214 99 31 , 7214 99 39 , 7214 99 50 , 7214 99 71 , 7214 99 79 , 7214 99 95 , 7215 90 00 , 7216 10 00 , 7216 21 00 , 7216 22 00 , 7216 40 10 , 7216 40 90 , 7216 50 10 , 7216 50 91 , 7216 50 99 , 7216 99 00 , 7228 10 20 , 7228 20 10 , 7228 20 91 , 7228 30 20 , 7228 30 41 , 7228 30 49 , 7228 30 61 , 7228 30 69 , 7228 30 70 , 7228 30 89 , 7228 60 20 , 7228 60 80 , 7228 70 10 , 7228 70 90 , 7228 80 00
13	Rebars	7214 20 00 , 7214 99 10
14	Stainless Bars and Light Sections	7222 11 11 , 7222 11 19 , 7222 11 81 , 7222 11 89 , 7222 19 10 , 7222 19 90 , 7222 20 11 , 7222 20 19 , 7222 20 21 , 7222 20 29 , 7222 20 31 , 7222 20 39 , 7222 20 81 , 7222 20 89 , 7222 30 51 , 7222 30 91 , 7222 30 97 , 7222 40 10 , 7222 40 50 , 7222 40 90
15	Stainless Wire Rod	7221 00 10 , 7221 00 90
16	Non Alloy and Other Alloy Wire Rod	7213 10 00 , 7213 20 00 , 7213 91 10 , 7213 91 20 , 7213 91 41 , 7213 91 49 , 7213 91 70 , 7213 91 90 , 7213 99 10 , 7213 99 90 , 7227 10 00 , 7227 20 00 , 7227 90 10 , 7227 90 50 , 7227 90 95
17	Angles, Shapes and Sections of Iron or Non Alloy Steel	7216 31 10 , 7216 31 90 , 7216 32 11 , 7216 32 19 , 7216 32 91 , 7216 32 99 , 7216 33 10 , 7216 33 90
18	Sheet Piling	7301 10 00
19	Railway Material	7302 10 22 , 7302 10 28 , 7302 10 40 , 7302 10 50 , 7302 40 00
20	Gas pipes	7306 30 41 , 7306 30 49 , 7306 30 72 , 7306 30 77
21	Hollow sections	7306 61 10 , 7306 61 92 , 7306 61 99
22	Seamless Stainless Tubes and Pipes	7304 11 00 , 7304 22 00 , 7304 24 00 , 7304 41 00 , 7304 49 10 , 7304 49 93 , 7304 49 95 , 7304 49 99
23	Bearing Tubes and Pipes	7304 51 12 , 7304 51 18 , 7304 59 32 , 7304 59 38
24	Other Seamless Tubes	7304 19 10 , 7304 19 30 , 7304 19 90 , 7304 23 00 , 7304 29 10 , 7304 29 30 , 7304 29 90 , 7304 31 20 , 7304 31 80 , 7304 39 10 , 7304 39 52 , 7304 39 58 , 7304 39 92 , 7304 39 93 , 7304 39 98 , 7304 51 81 , 7304 51 89 , 7304 59 10 , 7304 59 92 , 7304 59 93 , 7304 59 99 , 7304 90 00 ,
25	Large welded tubes	7305 11 00 , 7305 12 00 , 7305 19 00 , 7305 20 00 , 7305 31 00 , 7305 39 00 , 7305 90 00
26	Other Welded Pipes	7306 11 10 , 7306 11 90 , 7306 19 10 , 7306 19 90 , 7306 21 00 , 7306 29 00 , 7306 30 11 , 7306 30 19 , 7306 30 80 , 7306 40 20 , 7306 40 80 , 7306 50 20 , 7306 50 80 , 7306 69 10 , 7306 69 90 , 7306 90 00

		ISSN 1977-091X
Official Journal of the European Union		C 111

English edition	Information and Notices	Volume 61 26 March 2018

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2018/C 111/01	Statutes of the European Infrastructure of Open Screening Platforms for Chemical Biology — European Research Infrastructure Consortium (EU-OPENSCREEN ERIC)	1
2018/C 111/02	Non-opposition to a notified concentration (Case M.8772 — Borealis/Nova Chemicals/Total/JV) ( 1 )	21
2018/C 111/03	Non-opposition to a notified concentration (Case M.8799 — Marubeni Itochu Steel/Sumitomo Corporation/JV) ( 1 )	21
2018/C 111/04	Non-opposition to a notified concentration (Case M.8806 — Richemont/Yoox Net-a-Porter Group) ( 1 )	22
2018/C 111/05	Non-opposition to a notified concentration (Case M.8821 — Advent International/Circet Groupe) ( 1 )	22

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2018/C 111/06	Euro exchange rates	23
2018/C 111/07	Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 19 February 2018 concerning the draft decision relating to Case AT.40113 — Spark plugs — Rapporteur: Germany	24
2018/C 111/08	Final Report of the Hearing Officer — Spark Plugs (AT.40113)	25
2018/C 111/09	Summary of Commission Decision of 21 February 2018 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.40113 — Spark Plugs) (notified under document C(2018) 929)	26

	Corrigenda
2018/C 111/11	Corrigendum to public holidays 2018 ( OJ C 8, 11.1.2018 )	36

	Currency	Exchange rate
USD	US dollar	1,2346
JPY	Japanese yen	129,74
DKK	Danish krone	7,4478
GBP	Pound sterling	0,87285
SEK	Swedish krona	10,1943
CHF	Swiss franc	1,1703
ISK	Iceland króna	122,10
NOK	Norwegian krone	9,5715
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,405
HUF	Hungarian forint	312,90
PLN	Polish zloty	4,2262
RON	Romanian leu	4,6630
TRY	Turkish lira	4,8880
AUD	Australian dollar	1,5978
CAD	Canadian dollar	1,5868
HKD	Hong Kong dollar	9,6889
NZD	New Zealand dollar	1,7024
SGD	Singapore dollar	1,6216
KRW	South Korean won	1 330,30
ZAR	South African rand	14,5204
CNY	Chinese yuan renminbi	7,7975
HRK	Croatian kuna	7,4398
IDR	Indonesian rupiah	16 993,03
MYR	Malaysian ringgit	4,8365
PHP	Philippine peso	64,640
RUB	Russian rouble	70,5388
THB	Thai baht	38,495
BRL	Brazilian real	4,0726
MXN	Mexican peso	22,8804
INR	Indian rupee	80,2550

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2018/C 111/10	Notice of initiation of a safeguard investigation concerning imports of steel products	29