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ISSN 1977-091X |
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Official Journal of the European Union |
C 174 |
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English edition |
Information and Notices |
Volume 61 |
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Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2018/C 174/01 |
Non-opposition to a notified concentration (Case M.8886 — Avenue Capital/Pemberton/Permira/Delsey) ( 1 ) |
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2018/C 174/02 |
Withdrawal of notification of a concentration (Case M.8552 — Axalta Coating Systems/IVA) ( 1 ) |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2018/C 174/09 |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2018/C 174/10 |
Prior notification of a concentration (Case M.8935 — Goldman Sachs/Antin Infrastructure Partners/CityFibre Infrastructure Holdings) — Candidate case for simplified procedure ( 1 ) |
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2018/C 174/11 |
Prior notification of a concentration (Case M.8875 — Oaktree Capital Group/Bitarte/JV) — Candidate case for simplified procedure ( 1 ) |
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Corrigenda |
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2018/C 174/12 |
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(1) Text with EEA relevance. |
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EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/1 |
Non-opposition to a notified concentration
(Case M.8886 — Avenue Capital/Pemberton/Permira/Delsey)
(Text with EEA relevance)
(2018/C 174/01)
On 15 May 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
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in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8886. EUR-Lex is the online access to European law. |
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/1 |
Withdrawal of notification of a concentration
(Case M.8552 — Axalta Coating Systems/IVA)
(Text with EEA relevance)
(2018/C 174/02)
(Council Regulation (EC) No 139/2004)
On 16 April 2018, the Commission received notification of a proposed concentration between Axalta Coating Systems and IVA. On 14 May 2018, the notifying party/ies informed the Commission that it/they withdrew its/their notification.
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/2 |
Euro exchange rates (1)
22 May 2018
(2018/C 174/03)
1 euro =
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Currency |
Exchange rate |
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USD |
US dollar |
1,1794 |
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JPY |
Japanese yen |
130,70 |
|
DKK |
Danish krone |
7,4478 |
|
GBP |
Pound sterling |
0,87688 |
|
SEK |
Swedish krona |
10,2158 |
|
CHF |
Swiss franc |
1,1738 |
|
ISK |
Iceland króna |
123,60 |
|
NOK |
Norwegian krone |
9,4900 |
|
BGN |
Bulgarian lev |
1,9558 |
|
CZK |
Czech koruna |
25,702 |
|
HUF |
Hungarian forint |
317,45 |
|
PLN |
Polish zloty |
4,2862 |
|
RON |
Romanian leu |
4,6265 |
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TRY |
Turkish lira |
5,4704 |
|
AUD |
Australian dollar |
1,5543 |
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CAD |
Canadian dollar |
1,5066 |
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HKD |
Hong Kong dollar |
9,2565 |
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NZD |
New Zealand dollar |
1,6991 |
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SGD |
Singapore dollar |
1,5772 |
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KRW |
South Korean won |
1 267,93 |
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ZAR |
South African rand |
14,8008 |
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CNY |
Chinese yuan renminbi |
7,5112 |
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HRK |
Croatian kuna |
7,3868 |
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IDR |
Indonesian rupiah |
16 674,36 |
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MYR |
Malaysian ringgit |
4,6790 |
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PHP |
Philippine peso |
61,645 |
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RUB |
Russian rouble |
72,3491 |
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THB |
Thai baht |
37,758 |
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BRL |
Brazilian real |
4,3170 |
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MXN |
Mexican peso |
23,2842 |
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INR |
Indian rupee |
80,2105 |
(1) Source: reference exchange rate published by the ECB.
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/3 |
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1) )
(Text with EEA relevance)
(2018/C 174/04)
Decisions granting an authorisation
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Reference of the decision (2) |
Date of decision |
Substance name |
Holder of the authorisation |
Authorisation number |
Authorised use |
Date of expiry of review period |
Reasons for the decision |
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C(2018) 2800 |
16 May 2018 |
Chromium trioxide EC No 215-607-8, CAS No 1333-82-0 |
Safran Aircraft Engines, 2 Boulevard General Martial Valin, 75724 Paris Cedex 15, France |
REACH/18/5/0 |
Industrial use of a chromium trioxide based surface treatment mixture applied on safety-critical rotating components of commercial and military aircraft engines, whose failure endangers airworthiness. |
21 September 2027 |
In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health and the environment arising from the uses of the substance and there are no suitable alternative substances or technologies for the applicant before the sunset date. |
(1) OJ L 396, 30.12.2006, p. 1.
(2) The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/4 |
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1) )
(Text with EEA relevance)
(2018/C 174/05)
Decisions granting an authorisation
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Reference of the decision (2) |
Date of decision |
Substance name |
Holder of the authorisation |
Authorisation numbers |
Authorised use |
Date of expiry of review period |
Reasons for the decision |
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C(2018) 2806 |
16 May 2018 |
Bis(2-methoxyethyl) ether (diglyme) EC No: 203-924-4 CAS No 111-96-6 |
Bracco Imaging SpA, Via Folli 50, 20134, Milan, Italy |
REACH/18/8/0 |
Use of diglyme as a processing aid in the purification of 5-amino-2,4,6-triiodoisophthalic acid (EC No 417-220-1; CAS No 37441-29-5) dichloride by precipitation |
22 August 2029 |
Risk is adequately controlled in accordance with Article 60(2) of Regulation (EC) No 1907/2006. There are no suitable alternatives before the sunset date |
(1) OJ L 396, 30.12.2006, p. 1.
(2) The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/5 |
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1) )
(Text with EEA relevance)
(2018/C 174/06)
Decisions granting an authorisation
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Reference of the decision (2) |
Date of decision |
Substance name |
Holder of the authorisation |
Authorisation numbers |
Authorised uses |
Date of expiry of review period |
Reasons for the decision |
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C(2018) 2808 |
16 May 2018 |
1,2-dichloroethane EC No 203-458-1 CAS No 107-06-2 |
DOW Italia S.R.L., Via Albani, 65, Socio Unico, 20148 Milano, Italia |
REACH/18/1/0 |
Industrial use of 1,2-dichloroethane as a sulphonation swelling agent of polystyrene-divinylbenzene copolymer beads in the production of strong acid cation exchange resins. |
22 November 2029 |
In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health arising from the use of the substance and there are no suitable alternative substances or technologies in terms of their technical and economic feasibility for the applicant before the sunset date. |
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DOW France SAS, 23 Avenue Jules Rimet, 93200 La Plaine Saint Denis, France |
REACH/18/1/1 |
(1) OJ L 396, 30.12.2006, p. 1.
(2) The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/6 |
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1) )
(Text with EEA relevance)
(2018/C 174/07)
Decisions granting an authorisation
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Reference of the decision (2) |
Date of decision |
Substance name |
Holder of the authorisation |
Authorisation number |
Authorised use |
Date of expiry of review period |
Reasons for the decision |
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C(2018) 2837 |
16 May 2018 |
Chromium trioxide EC No 215-607-8, CAS No 1333-82-0 |
MTU Aero Engines AG, Dachauerstr. 665, 80995 München, Germany. |
REACH/18/7/0 |
Functional chrome plating for aerospace applications for civil and military uses, comprising coating of new components for aircraft engines as well as maintenance, repair and overhaul work on aircraft engine components. |
21 September 2029 |
In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health and the environment arising from the uses of the substance and there are no suitable alternative substances or technologies for the applicant before the sunset date |
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REACH/18/7/1 |
Surface treatment for aerospace applications for civil and military uses, comprising treatment of new components for aircraft engines as well as maintenance, repair and overhaul work on aircraft engine components, unrelated to functional chrome plating |
21 September 2029 |
(1) OJ L 396, 30.12.2006, p. 1.
(2) The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/7 |
New national side of euro coins intended for circulation
(2018/C 174/08)
Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country : Malta
Subject of commemoration : Unesco World Heritage Site — Temples of Mnajdra
Description of the design : The design features the Maltese prehistoric temples of Mnajdra, a Unesco World Heritage Site. Mnajdra is a prehistoric site consisting of three temples nestled around an oval forecourt. It is situated on the Southern coast of Malta, some 500 meters away from Hagar Qim. Mnajdra is best known for its astronomical alignments and the South temple seems to have been constructed to mark the sunrise on the equinox and the solstice. The Oldest parts of this complex date around 3 600-3 200 BC. At the top right of the design there are the inscriptions ‘MNAJDRA’, ‘TEMPLES’ and the years ‘3 600-2 500 BC’, one underneath the other. At the bottom left there is the name of the issuing country ‘MALTA’ and underneath there is the year of issuance ‘2018’.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued :
Date of issue : July 2018
(1) See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.
(2) See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/8 |
Notice of initiation of an anti-dumping proceeding concerning imports of solar glass originating in Malaysia
(2018/C 174/09)
The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of solar glass, originating in Malaysia, are being dumped and are thereby causing injury to the Union industry.
1. Complaint
The complaint was lodged on 9 April 2018 by EU ProSun Glass (‘the complainant’) on behalf of two Union producers representing more than 25 % of the total Union production of solar glass.
2. Product under investigation
The product subject to this investigation is solar glass consisting of tempered soda-lime-flat-glass, with an iron content of less than 300 ppm, a solar transmittance of more than 88 % (measured according to AM 1,5 300-2 500 nm), a resistance to heat up to 250 °C (measured according to EN 12150), a resistance to thermal shocks of Δ 150 K (measured according to EN 12150), having a mechanical strength of 90 N/mm2 or more (measured according to EN 1288-3), and having no more than 4,5 mm of thickness (‘the product under investigation’).
3. Allegation of dumping
The product allegedly being dumped is the product under investigation, originating in Malaysia (‘the country concerned’), currently falling within CN code 7007 19 80 (TARIC codes 7007198012, 7007198018). The codes are given for information only.
The allegation of dumping from Malaysia is based on a comparison of the domestic price 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 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 and the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry. In addition the complainant provided evidence of a threat of further injury, in particular relating to the significant rate of increase of dumped imports and the freely disposable capacity in the country concerned.
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 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 April 2017 to 31 March 2018 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2015 to the end of the investigation period (‘the 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.
(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. Those 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.
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 (3).
(b) Individual dumping margin for companies not included in the sample
Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation.
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. Investigating unrelated importers (4) (5)
Unrelated importers of the product under investigation from the country concerned to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex II to this Notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.
In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
5.3. 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.
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. Those 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’ (6). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment
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 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, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.
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:
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European Commission |
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Directorate-General for Trade |
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Directorate H |
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Office: CHAR 04/039 |
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1049 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer 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.
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 (7).
(1) OJ L 176, 30.6.2016, p. 21.
(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) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party 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 control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). 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. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).
(5) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.
(6) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation 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).
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/18 |
Prior notification of a concentration
(Case M.8935 — Goldman Sachs/Antin Infrastructure Partners/CityFibre Infrastructure Holdings)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 174/10)
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1. |
On 15 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1). This notification concerns the following undertakings:
Funds managed by Goldman Sachs and funds managed by AIP acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of CityFibre. The concentration is accomplished by way of a public bid. |
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2. |
The business activities of the undertakings concerned are: — for Goldman Sachs: global investment banking, securities and investment management firm that provides a range of banking, securities and investment services, — for AIP: private equity firm focused on infrastructure investments, specifically in the energy and environment, telecom, transport, and social infrastructure sectors, — for CityFibre: wholesale operator of fibre networks in towns and cities in the UK outside London. CitiyFibre is listed on AIM, the London Stock Exchange’s international market for smaller companies seeking access to growth capital. |
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3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified: M.8935 — Goldman Sachs/Antin Infrastructure Partners/CityFibre Infrastructure Holdings Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/20 |
Prior notification of a concentration
(Case M.8875 — Oaktree Capital Group/Bitarte/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 174/11)
|
1. |
On 14 May 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1). This notification concerns the following undertakings:
Banco de Sabadell and Oaktree Capital Group acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of a joint-venture (‘JV’, Spain) which will be active in identifying, acquiring, developing, and commercializing residential plots of land in Spain. The concentration is accomplished by way of purchase of shares in a newly created joint venture. |
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2. |
The business activities of the undertakings concerned are: — for Banco de Sabadell: Spain's fourth largest banking group; Bitarte owns real estate assets, which are being developed or are pending to be developed, — for Oaktree Capital Group: global alternative and non-traditional investment management company with a particular expertise in credit strategies. |
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3. |
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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4. |
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified: M.8875 — Oaktree Capital Group/Bitarte/JV Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
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(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
(2) OJ C 366, 14.12.2013, p. 5.
Corrigenda
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23.5.2018 |
EN |
Official Journal of the European Union |
C 174/21 |
Corrigendum to the list of Member States and their competent authorities concerning Articles 15(2), 17(8) and 21(3) of Council Regulation (EC) No 1005/2008
( Official Journal of the European Union C 39 of 2 February 2018 )
(2018/C 174/12)
On page 26, in the table, in the entry for Spain, under ‘Competent authorities’:
for:
‘Ministerio de Agricultura y PESCA, Alimentación y Medio Ambiente; Secretaria General de PESCA; Dirección General de Ordenación Pesquera; Subdirección General de Control e Inspección (Ministry of Agriculture and Fisheries, Food and Environment; Secretary-General of Fisheries; Directorate-General of Fisheries Management; Subdirectorate General of Control and Inspection)’,
read:
‘Ministerio de Agricultura y PESCA, Alimentación y Medio Ambiente; Secretaría General de PESCA; Dirección General de Ordenación Pesquera y Acuicultura; Subdirección General de Control e Inspección (Ministry of Agriculture and Fisheries, Food and Environment; Secretary-General of Fisheries; Directorate-General of Fisheries and Aquaculture Management; Subdirectorate General of Control and Inspection)’.