ISSN 1977-091X

Official Journal

of the European Union

C 189

European flag  

English edition

Information and Notices

Volume 61
4 June 2018


Contents

page

 

I   Resolutions, recommendations and opinions

 

RECOMMENDATIONS

 

Council

2018/C 189/01

Council Recommendation of 22 May 2018 on key competences for lifelong learning ( 1)

1


 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2018/C 189/02

Non-opposition to a notified concentration (Case M.8899 — OTPP/Carlyle/European Camping Group) ( 1)

14


 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

Council

2018/C 189/03

The following information is brought to the attention of AL NASSER Abdelkarim Hussein Mohamed, AL-YACOUB Ibrahim Salih Mohammed, IZZ-AL-DIN Hasan, MOHAMMED Khalid Shaikh, Hizballah Military Wing, Ejército de Liberación Nacional (National Liberation Army), Popular Front for the Liberation of Palestine (PFLP), Popular Front for the Liberation of Palestine — General Command, Sendero Luminoso (SL) (Shining Path) — persons and groups included on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annex to Council Implementing Regulation (EU) 2018/468 of 21 March 2018)

15

 

European Commission

2018/C 189/04

Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 June 2018 — Euro exchange rates

17


 

V   Announcements

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

 

European Commission

2018/C 189/05

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of China

18

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

 

European Commission

2018/C 189/06

Prior notification of a concentration (Case M.8927 — Sumitomo Corporation/Sumitomo Mitsui Financial Group/Sumitomo Mitsui Finance and Leasing Company) — Candidate case for simplified procedure ( 1)

32


 


 

(1)   Text with EEA relevance.

EN

 


I Resolutions, recommendations and opinions

RECOMMENDATIONS

Council

4.6.2018   

EN

Official Journal of the European Union

C 189/1


COUNCIL RECOMMENDATION

of 22 May 2018

on key competences for lifelong learning

(Text with EEA relevance)

(2018/C 189/01)

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The European Pillar of Social Rights (1) states as its first principle that everyone has the right to quality and inclusive education, training and lifelong learning in order to maintain and acquire skills that allow full participation in society and successful transitions in the labour market. It also states the right of everyone ‘to timely and tailor-made assistance to improve employment or self-employment prospects, to training and re-qualification, to continued education and to support for job search’. Fostering the development of competences is one of the aims of the vision towards a European Education Area that would be able ‘to harness the full potential of education and culture as drivers for jobs, social fairness, active citizenship as well as means to experience European identity in all its diversity’ (2).

(2)

People need the right set of skills and competences to sustain current standards of living, support high rates of employment and foster social cohesion in the light of tomorrow’s society and world of work. Supporting people across Europe in gaining the skills and competences needed for personal fulfilment, health, employability and social inclusion helps to strengthen Europe’s resilience in a time of rapid and profound change.

(3)

In 2006, the European Parliament and the Council of the European Union adopted a Recommendation on key competences for lifelong learning. In that Recommendation the Member States were asked ‘to develop the provision of key competences for all as part of their lifelong learning strategies, including their strategies for achieving universal literacy, and use the ‘Key Competences for Lifelong Learning — A European Reference Framework’ (3). Since its adoption, the Recommendation was a key reference document for the development of competence-oriented education, training and learning.

(4)

Nowadays, competence requirements have changed with more jobs being subject to automation, technologies playing a bigger role in all areas of work and life, and entrepreneurial, social and civic competences becoming more relevant in order to ensure resilience and ability to adapt to change.

(5)

At the same time, international surveys such as the Organisation for Economic Cooperation and Development (OECD) Programme for International Student Assessment (PISA) or the OECD Programme for the International Assessment of Adult Competencies (PIAAC) indicate a constant high share of teenagers and adults with insufficient basic skills. In 2015 one in five pupils had serious difficulties in developing sufficient reading, mathematic or science skills. (4) In some countries up to one third of adults are proficient at only the lowest levels in literacy and numeracy (5). 44 % of the Union population have low or no (19 %) digital skills (6).

(6)

Consequently, investing in basic skills has become more relevant than ever. High quality education, including extra-curricular activities and a broad approach to competence development, improves achievement levels in basic skills. In addition, new ways of learning need to be explored for a society that is becoming increasingly mobile and digital. (7) Digital technologies have an impact on education, training and learning by developing more flexible learning environments adapted to the needs of a highly mobile society (8).

(7)

In the knowledge economy, memorisation of facts and procedures is key, but not enough for progress and success. Skills, such as problem solving, critical thinking, ability to cooperate, creativity, computational thinking, self-regulation are more essential than ever before in our quickly changing society. They are the tools to make what has been learned work in real time, in order to generate new ideas, new theories, new products, and new knowledge.

(8)

The New Skills Agenda for Europe (9) announced the review of the 2006 Recommendation on key competences for lifelong learning acknowledging that investing in skills and competences and in a shared and updated understanding of key competences is a first step for fostering education, training and non-formal learning in Europe.

(9)

Responding to the changes in society and economy, reflecting discussions on the future of work, and following the public consultation on the review of the 2006 Recommendation on key competences, both the Recommendation and the European Reference Framework of key competences for lifelong learning need to be revised and updated.

(10)

The development of key competences, their validation and the provision of competence-oriented education, training and learning should be supported by establishing good practices for better support of educational staff in their tasks and improving their education, for updating assessment and validation methods and tools, and for introducing new and innovative forms of teaching and learning (10). Therefore, basing itself on the experiences of the last decade, this Recommendation should address the challenges in implementing competence-oriented education, training and learning.

(11)

Supporting the validation of competences acquired in different contexts will enable individuals to have their competences recognised and obtain full or, where applicable, partial qualifications (11). It can build on the existing arrangements for the validation of non-formal and informal learning as well as the European Qualification Framework (12), which provides a common reference framework to compare levels of qualifications, indicating the competences required to achieve them. In addition, assessment may help in structuring learning processes and in guidance, helping people to improve their competences also with regard to changing requirements on the labour market (13).

(12)

The definition of the set of key competences needed for personal fulfilment, health, employability and social inclusion has been shaped not only by societal and economic developments, but also by various initiatives in Europe during the last decade. Special attention has been given to improving basic skills, investing in language learning, improving digital and entrepreneurial competences, the relevance of common values in the functioning of our societies, and motivating more young people to engage in science related careers. These developments should be reflected in the Reference Framework.

(13)

Target 4.7 of the Sustainable Development Goals highlights the need to ‘ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship and appreciation of cultural diversity and of culture’s contribution to sustainable development’ (14). Unesco’s Global Action Programme on Education for Sustainable Development affirms that education for sustainable development is an integral element of quality education and key enabler of all other Sustainable Development Goals. This aim is reflected in the revision of the Reference Framework.

(14)

The provision of language learning, which is increasingly important for modern societies, intercultural understanding and cooperation, profits from the Common European Framework of Reference for Languages (CEFR). This Framework helps to identify the main elements of the competence and supports the learning process. It also lays the foundation of defining language competences, in particular those referring to foreign languages and is reflected in the update of the Reference Framework.

(15)

The development of the Digital Competence Framework and the Entrepreneurship Competence Framework support competence development. Likewise, the Council of Europe’s Reference Framework of Competences for Democratic Culture presents a comprehensive set of values, skills and attitudes for an appropriate participation in democratic societies. All of these have been taken into due consideration when updating the Reference Framework.

(16)

In order to motivate more young people to engage in science, technology, engineering and mathematics (STEM) related careers, initiatives across Europe started to link science education more closely with the arts and other subjects, using inquiry-based pedagogy, and engaging with a wide range of societal actors and industries. While the definition of those competences has not changed much over the years, the support of competence development in STEM becomes increasingly relevant and should be reflected in this Recommendation.

(17)

The importance and relevance of non-formal and informal learning is evident from the experiences acquired through culture, youth work, voluntary work as well as grassroots sport. Non-formal and informal learning play an important role in supporting the development of essential interpersonal, communicative and cognitive skills such as: critical thinking, analytical skills, creativity, problem solving and resilience that facilitate young people’s transition to adulthood, active citizenship and working life (15). Establishing better cooperation between different learning settings helps promoting a variety of learning approaches and contexts (16).

(18)

In addressing the development of key competences in a lifelong learning perspective, support should be ensured at all levels of education, training and learning pathways: to develop quality early childhood education and care (17), to further enhance school education and ensure excellent teaching (18), to provide up-skilling pathways to low-skilled adults (19) as well as to further develop initial and continuing vocational education and training and modernise higher education (20).

(19)

This Recommendation should cover a wide range of education, training and learning settings, both formal, non-formal and informal in a lifelong learning perspective. It should seek to establish a shared understanding of competences which can support transitions and cooperation between these different learning settings. It sets out good practices that could address the needs of educational staff which includes teachers, trainers, teacher educators, leaders of education and training institutes, employees in charge of training colleagues, researchers and university lecturers, youth workers and adult educators as well as employers and labour market stakeholders. This Recommendation also addresses institutions and organisations, including social partners and civil society organisations, guiding and supporting people in improving their competences from early age on throughout their lives.

(20)

This Recommendation fully respects the principles of subsidiarity and proportionality,

HAS ADOPTED THIS RECOMMENDATION

Member States should:

1.

support the right to quality and inclusive education, training and lifelong learning and ensure opportunities for all to develop key competences by making full use of the ‘Key Competences for Lifelong Learning — A European Reference Framework’ as set out in the Annex, and

1.1.

support and reinforce the development of key competences from an early age and throughout life, for all individuals, as part of national lifelong learning strategies;

1.2.

support all learners, including those facing disadvantages, or having special needs, to fulfil their potential;

2.

support the development of key competences paying special attention to:

2.1.

raising the level of achievement of basic skills (literacy, numeracy and basic digital skills) and supporting the development of learning to learn competence as a constantly improved basis for learning and participation in society in a lifelong perspective;

2.2.

raising the level of personal, social and learning to learn competence to improve health conscious, future-oriented life management;

2.3.

fostering the acquisition of competences in sciences, technology, engineering and mathematics (STEM), taking into account their link to the arts, creativity and innovation and motivating more young people, especially girls and young women, to engage in STEM careers;

2.4.

increasing and improving the level of digital competences at all stages of education and training, across all segments of the population;

2.5.

nurturing entrepreneurship competence, creativity and the sense of initiative especially among young people, for example by promoting opportunities for young learners to undertake at least one practical entrepreneurial experience during their school education;

2.6.

increasing the level of language competences in both official and other languages and supporting learners to learn different languages relevant to their working and living situation and that may contribute to cross-border communication and mobility;

2.7.

fostering the development of citizenship competences with the aim of strengthening the awareness of common values, as referred to in Article 2 of the Treaty on European Union and the Charter of Fundamental Rights of the European Union;

2.8.

increasing the awareness of all learners and educational staff of the importance of the acquisition of key competences and their relation to society;

3.

facilitate the acquisition of key competences by making use of good practices to support the development of the key competences as set out in the Annex, in particular by:

3.1.

promoting a variety of learning approaches and environments, including the adequate use of digital technologies, in education, training and learning settings;

3.2.

providing support to educational staff as well as other stakeholders supporting learning processes, including families, to enhance key competences of learners as part of the approach for lifelong learning in education, training and learning settings;

3.3.

supporting and further developing the assessment and validation of key competences acquired in different settings in line with the Member States’ rules and procedures;

3.4.

reinforcing collaboration between education, training and learning settings at all levels, and in different fields, to improve the continuity of learner competence development and the development of innovative learning approaches;

3.5.

reinforcing tools, resources and guidance in education, training, employment and other learning settings to support people in managing their lifelong learning pathways;

4.

mainstream the ambitions of the UN Sustainable Development Goals (SDG), in particular within the SDG4.7, into education, training and learning, including by fostering the acquisition of knowledge about limiting the multifaceted nature of climate change and using natural resources in a sustainable way;

5.

report through existing frameworks and tools of the Strategic Framework for European Cooperation in Education and Training (ET2020) and any successor framework on experiences and progress in promoting key competences in all education and training sectors, including non-formal and, as far as possible, informal learning;

HEREBY WELCOMES THAT THE COMMISSION WITH DUE REGARD TO MEMBER STATES’ COMPETENCES:

6.

supports the implementation of the Recommendation and the use of the European Reference Framework by facilitating mutual learning among Member States and developing in cooperation with Member States reference material and tools such as:

6.1.

where appropriate, frameworks for specific competences which facilitate development and assessment of competences (21);

6.2.

evidence-based guidance material on new forms of learning and supportive approaches;

6.3.

support tools for educational staff, and other stakeholders, such as on-line training courses, self-assessment tools (22), networks, including eTwinning and the Electronic Platform for Adult Learning in Europe (EPALE);

6.4.

approaches to the assessment and support of validation of key competences acquired following up on previous work in the context of ET2020 (23) and any successor framework;

7.

supports initiatives to further develop and promote education for sustainable development with regard to the UN Sustainable Development Goal 4 on inclusive and equitable quality education and lifelong learning opportunities for all;

8.

reports on experiences and good practices to enhance key competences of learners as part of the approach for lifelong learning in education, training and learning settings in the Union through existing frameworks and tools.

This Recommendation replaces the Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning.

Done at Brussels, 22 May 2018.

For the Council

The President

K. VALCHEV


(1)  COM(2017) 250.

(2)  COM(2017) 673.

(3)  OJ L 394, 30.12.2006, p. 10.

(4)  OECD (2016), PISA 2015 results

(5)  European Commission (2016), Education and Training Monitor 2016

(6)  European Commission’s Digital Scoreboard 2017

(7)  Reflection Paper on Harnessing Globalisation, COM(2017) 240 final

(8)  Rethinking Education: Investing in skills for better socioeconomic outcomes, COM(2012) 669 final

(9)  COM(2016) 381 final

(10)  Joint Report of the Council and the Commission on the implementation of the strategic framework for European cooperation in education and training (ET 2020) (OJ C 417, 15.12.2015, p. 25).

(11)  OJ C 398, 22.12.2012, p. 1.

(12)  OJ C 189, 15.6.2017, p. 15.

(13)  Council Resolution of 21 November 2008 on better integrating lifelong guidance into lifelong learning strategies (OJ C 319, 13.12.2008, p. 4).

(14)  United Nations Resolution adopted by the General Assembly on 25 September 2015, Transforming our world: the 2030 Agenda for Sustainable Development

(15)  Council conclusions on the role of youth work in supporting young people’s development of essential life skills that facilitate their successful transition to adulthood, active citizenship and working life (OJ C 189, 15.6.2017, p. 30).

(16)  Council conclusions on enhancing cross-sectorial policy cooperation to effectively address socioeconomic challenges facing young people (OJ C 172, 27.5.2015, p. 3).

(17)  Council conclusions on the role of early childhood education and primary education in fostering creativity, innovation and digital competence (OJ C 172, 27.5.2015, p. 17).

(18)  Council conclusions on school development and excellent teaching (OJ C 421, 8.12.2017, p. 2).

(19)  Council Recommendation of 19 December 2016 on Upskilling Pathways: New Opportunities for Adults (OJ C 484, 24.12.2016, p. 1).

(20)  Council conclusions on a renewed EU agenda for higher education (OJ C 429, 14.12.2017, p. 3).

(21)  Based on the experiences and expertise developed in creating the Common European Framework of References for Languages, the Digital Competence Framework and the Entrepreneurship Competence Framework

(22)  Such as the Digital Competence Framework

(23)  Assessment of Key Competences in initial education and training: Policy Guidance, SWD (2012) 371


ANNEX

KEY COMPETENCES FOR LIFELONG LEARNING

A EUROPEAN REFERENCE FRAMEWORK

Background and aims

Everyone has the right to quality and inclusive education, training and life-long learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market.

Everyone has the right to timely and tailor-made assistance to improve employment or self-employment prospects. This includes the right to receive support for job search, training and re-qualification.

These principles are defined in the European ‘Pillar of Social Rights’.

In a rapidly changing and highly interconnected world, each person will need a wide range of skills and competences and to develop them continually throughout life. The key competences as defined in this Reference Framework aim to lay the foundation for achieving more equal and more democratic societies. They respond to the need for inclusive and sustainable growth, social cohesion and further development of the democratic culture.

The main aims of the Reference Framework are to:

a.

identify and define the key competences necessary for employability, personal fulfilment and health, active and responsible citizenship and social inclusion;

b.

provide a European reference tool for policy makers, education and training providers, educational staff, guidance practitioners, employers, public employment services and learners themselves;

c.

support efforts at European, national, regional and local level to foster competence development in a lifelong learning perspective.

Key competences

For the purposes of this Recommendation, competences are defined as a combination of knowledge, skills and attitudes, where:

d.

knowledge is composed of the facts and figures, concepts, ideas and theories which are already established and support the understanding of a certain area or subject;

e.

skills are defined as the ability and capacity to carry out processes and use the existing knowledge to achieve results;

f.

attitudes describe the disposition and mind-sets to act or react to ideas, persons or situations.

Key competences are those which all individuals need for personal fulfilment and development, employability, social inclusion, sustainable lifestyle, successful life in peaceful societies, health-conscious life management and active citizenship. They are developed in a lifelong learning perspective, from early childhood throughout adult life, and through formal, non-formal and informal learning in all contexts, including family, school, workplace, neighbourhood and other communities.

The key competences are all considered equally important; each of them contributes to a successful life in society. Competences can be applied in many different contexts and in a variety of combinations. They overlap and interlock; aspects essential to one domain will support competence in another. Skills such as critical thinking, problem solving, team work, communication and negotiation skills, analytical skills, creativity, and intercultural skills are embedded throughout the key competences.

The Reference Framework sets out eight key competences:

Literacy competence,

Multilingual competence,

Mathematical competence and competence in science, technology and engineering,

Digital competence,

Personal, social and learning to learn competence,

Citizenship competence,

Entrepreneurship competence,

Cultural awareness and expression competence.

1.   Literacy competence

Literacy is the ability to identify, understand, express, create, and interpret concepts, feelings, facts and opinions in both oral and written forms, using visual, sound/audio and digital materials across disciplines and contexts. It implies the ability to communicate and connect effectively with others, in an appropriate and creative way.

Development of literacy forms the basis for further learning and further linguistic interaction. Depending on the context, literacy competence can be developed in the mother tongue, the language of schooling and/or the official language in a country or region.

Essential knowledge, skills and attitudes related to this competence

This competence involves the knowledge of reading and writing and a sound understanding of written information and thus requires an individual to have knowledge of vocabulary, functional grammar and the functions of language. It includes an awareness of the main types of verbal interaction, a range of literary and non-literary texts, and the main features of different styles and registers of language.

Individuals should have the skills to communicate both orally and in writing in a variety of situations and to monitor and adapt their own communication to the requirements of the situation. This competence also includes the abilities to distinguish and use different types of sources, to search for, collect and process information, to use aids, and to formulate and express one’s oral and written arguments in a convincing way appropriate to the context. It encompasses critical thinking and ability to assess and work with information.

A positive attitude towards literacy involves a disposition to critical and constructive dialogue, an appreciation of aesthetic qualities and an interest in interaction with others. This implies an awareness of the impact of language on others and a need to understand and use language in a positive and socially responsible manner.

2.   Multilingual competence (1)

This competence defines the ability to use different languages appropriately and effectively for communication. It broadly shares the main skill dimensions of literacy: it is based on the ability to understand, express and interpret concepts, thoughts, feelings, facts and opinions in both oral and written form (listening, speaking, reading and writing) in an appropriate range of societal and cultural contexts according to one’s wants or needs. Languages competences integrate a historical dimension and intercultural competences. It relies on the ability to mediate between different languages and media, as outlined in the Common European Framework of Reference. As appropriate, it can include maintaining and further developing mother tongue competences, as well as the acquisition of a country’s official language(s) (2).

Essential knowledge, skills and attitudes related to this competence

This competence requires knowledge of vocabulary and functional grammar of different languages and an awareness of the main types of verbal interaction and registers of languages. Knowledge of societal conventions, and the cultural aspect and variability of languages is important.

Essential skills for this competence consist of the ability to understand spoken messages, to initiate, sustain and conclude conversations and to read, understand and draft texts, with different levels of proficiency in different languages, according to the individual’s needs. Individuals should be able to use tools appropriately and learn languages formally, non-formally and informally throughout life.

A positive attitude involves the appreciation of cultural diversity, an interest and curiosity about different languages and intercultural communication. It also involves respect for each person’s individual linguistic profile, including both respect for the mother tongue of persons belonging to minorities and/or with a migrant background and appreciation for a country’s official language(s) as a common framework for interaction.

3.   Mathematical competence and competence in science, technology, engineering

A.

Mathematical competence is the ability to develop and apply mathematical thinking and insight in order to solve a range of problems in everyday situations. Building on a sound mastery of numeracy, the emphasis is on process and activity, as well as knowledge. Mathematical competence involves, to different degrees, the ability and willingness to use mathematical modes of thought and presentation (formulas, models, constructs, graphs, charts).

B.

Competence in science refers to the ability and willingness to explain the natural world by making use of the body of knowledge and methodology employed, including observation and experimentation, in order to identify questions and to draw evidence-based conclusions. Competences in technology and engineering are applications of that knowledge and methodology in response to perceived human wants or needs. Competence in science, technology and engineering involves an understanding of the changes caused by human activity and responsibility as an individual citizen.

Essential knowledge, skills and attitudes related to this competence

A.

Necessary knowledge in mathematics includes a sound knowledge of numbers, measures and structures, basic operations and basic mathematical presentations, an understanding of mathematical terms and concepts, and an awareness of the questions to which mathematics can offer answers.

An individual should have the skills to apply basic mathematical principles and processes in everyday contexts at home and work (e.g. financial skills), and to follow and assess chains of arguments. An individual should be able to reason mathematically, understand mathematical proof and communicate in mathematical language, and to use appropriate aids including statistical data and graphs and to understand the mathematical aspects of digitalisation.

A positive attitude in mathematics is based on the respect for truth and a willingness to look for reasons and to assess their validity.

B.

For science, technology and engineering, essential knowledge comprises the basic principles of the natural world, fundamental scientific concepts, theories, principles and methods, technology and technological products and processes, as well as an understanding of the impact of science, technology, engineering and human activity in general on the natural world. These competences should enable individuals to better understand the advances, limitations and risks of scientific theories, applications and technology in societies at large (in relation to decision-making, values, moral questions, culture, etc.).

Skills include the understanding of science as a process for the investigation through specific methodologies, including observations and controlled experiments, the ability to use logical and rational thought to verify a hypothesis and the readiness to discard one’s own convictions when they contradict new experimental findings. It includes the ability to use and handle technological tools and machines as well as scientific data to achieve a goal or to reach an evidence-based decision or conclusion. Individuals should also be able to recognise the essential features of scientific inquiry and have the ability to communicate the conclusions and reasoning that led to them.

Competence includes an attitude of critical appreciation and curiosity, a concern for ethical issues and support for both safety and environmental sustainability, in particular as regards scientific and technological progress in relation to oneself, family, community, and global issues.

4.   Digital competence

Digital competence involves the confident, critical and responsible use of, and engagement with, digital technologies for learning, at work, and for participation in society. It includes information and data literacy, communication and collaboration, media literacy, digital content creation (including programming), safety (including digital well-being and competences related to cybersecurity), intellectual property related questions, problem solving and critical thinking.

Essential knowledge, skills and attitudes related to this competence

Individuals should understand how digital technologies can support communication, creativity and innovation, and be aware of their opportunities, limitations, effects and risks. They should understand the general principles, mechanisms and logic underlying evolving digital technologies and know the basic function and use of different devices, software, and networks. Individuals should take a critical approach to the validity, reliability and impact of information and data made available by digital means and be aware of the legal and ethical principles involved in engaging with digital technologies.

Individuals should be able to use digital technologies to support their active citizenship and social inclusion, collaboration with others, and creativity towards personal, social or commercial goals. Skills include the ability to use, access, filter, evaluate, create, program and share digital content. Individuals should be able to manage and protect information, content, data, and digital identities, as well as recognise and effectively engage with software, devices, artificial intelligence or robots.

Engagement with digital technologies and content requires a reflective and critical, yet curious, open-minded and forward-looking attitude to their evolution. It also requires an ethical, safe and responsible approach to the use of these tools.

5.   Personal, social and learning to learn competence

Personal, social and learning to learn competence is the ability to reflect upon oneself, effectively manage time and information, work with others in a constructive way, remain resilient and manage one’s own learning and career. It includes the ability to cope with uncertainty and complexity, learn to learn, support one’s physical and emotional well-being, to maintain physical and mental health, and to be able to lead a health-conscious, future-oriented life, empathize and manage conflict in an inclusive and supportive context.

Essential knowledge, skills and attitudes related to this competence

For successful interpersonal relations and social participation it is essential to understand the codes of conduct and rules of communication generally accepted in different societies and environments. Personal, social and learning to learn competence requires also knowledge of the components of a healthy mind, body and lifestyle. It involves knowing one’s preferred learning strategies, knowing one’s competence development needs and various ways to develop competences and search for the education, training and career opportunities and guidance or support available.

Skills include the ability to identify one’s capacities, focus, deal with complexity, critically reflect and make decisions. This includes the ability to learn and work both collaboratively and autonomously and to organise and persevere with one’s learning, evaluate and share it, seek support when appropriate and effectively manage one’s career and social interactions. Individuals should be resilient and able to cope with uncertainty and stress. They should be able to communicate constructively in different environments, collaborate in teams and negotiate. This includes showing tolerance, expressing and understanding different viewpoints, as well as the ability to create confidence and feel empathy.

The competence is based on a positive attitude toward one’s personal, social and physical well-being and learning throughout one’s life. It is based on an attitude of collaboration, assertiveness and integrity. This includes respecting diversity of others and their needs and being prepared both to overcome prejudices and to compromise. Individuals should be able to identify and set goals, motivate themselves, and develop resilience and confidence to pursue and succeed at learning throughout their lives. A problem-solving attitude supports both the learning process and the individual’s ability to handle obstacles and change. It includes the desire to apply prior learning and life experiences and the curiosity to look for opportunities to learn and develop in a variety of life contexts.

6.   Citizenship competence

Citizenship competence is the ability to act as responsible citizens and to fully participate in civic and social life, based on understanding of social, economic, legal and political concepts and structures, as well as global developments and sustainability.

Essential knowledge, skills and attitudes related to this competence

Citizenship competence is based on knowledge of basic concepts and phenomena relating to individuals, groups, work organisations, society, economy and culture. This involves an understanding of the European common values, as expressed in Article 2 of the Treaty on European Union and the Charter of Fundamental Rights of the European Union. It includes knowledge of contemporary events, as well as a critical understanding of the main developments in national, European and world history. In addition, it includes an awareness of the aims, values and policies of social and political movements, as well as of sustainable systems, in particular climate and demographic change at the global level and their underlying causes. Knowledge of European integration as well as an awareness of diversity and cultural identities in Europe and the world is essential. This includes an understanding of the multi-cultural and socioeconomic dimensions of European societies, and how national cultural identity contributes to the European identity.

Skills for citizenship competence relate to the ability to engage effectively with others in common or public interest, including the sustainable development of society. This involves critical thinking and integrated problem solving skills, as well as skills to develop arguments and constructive participation in community activities, as well as in decision-making at all levels, from local and national to the European and international level. This also involves the ability to access, have a critical understanding of, and interact with both traditional and new forms of media and understand the role and functions of media in democratic societies.

Respect for human rights as a basis for democracy lays the foundations for a responsible and constructive attitude. Constructive participation involves willingness to participate in democratic decision-making at all levels and civic activities. It includes support for social and cultural diversity, gender equality and social cohesion, sustainable lifestyles, promotion of culture of peace and non-violence, a readiness to respect the privacy of others, and to take responsibility for the environment. Interest in political and socioeconomic developments, humanities and intercultural communication is needed to be prepared both to overcome prejudices and to compromise where necessary and to ensure social justice and fairness.

7.   Entrepreneurship competence

Entrepreneurship competence refers to the capacity to act upon opportunities and ideas, and to transform them into values for others. It is founded upon creativity, critical thinking and problem solving, taking initiative and perseverance and the ability to work collaboratively in order to plan and manage projects that are of cultural, social or financial value.

Essential knowledge, skills and attitudes related to this competence

Entrepreneurship competence requires knowing that there are different contexts and opportunities for turning ideas into action in personal, social and professional activities, and an understanding of how these arise. Individuals should know and understand approaches to planning and management of projects, which include both processes and resources. They should have an understanding of economics and the social and economic opportunities and challenges facing an employer, organisation or society. They should also be aware of ethical principles and challenges of sustainable development and have self-awareness of their own strengths and weaknesses.

Entrepreneurial skills are founded on creativity which includes imagination, strategic thinking and problem-solving, and critical and constructive reflection within evolving creative processes and innovation. They include the ability to work both as an individual and collaboratively in teams, to mobilize resources (people and things) and to sustain activity. This includes the ability to make financial decisions relating to cost and value. The ability to effectively communicate and negotiate with others, and to cope with uncertainty, ambiguity and risk as part of making informed decisions is essential.

An entrepreneurial attitude is characterised by a sense of initiative and agency, pro-activity, being forward-looking, courage and perseverance in achieving objectives. It includes a desire to motivate others and value their ideas, empathy and taking care of people and the world, and accepting responsibility taking ethical approaches throughout the process.

8.   Cultural awareness and expression competence

Competence in cultural awareness and expression involves having an understanding of and respect for how ideas and meaning are creatively expressed and communicated in different cultures and through a range of arts and other cultural forms. It involves being engaged in understanding, developing and expressing one’s own ideas and sense of place or role in society in a variety of ways and contexts.

Essential knowledge, skills and attitudes related to this competence

This competence requires knowledge of local, national, regional, European and global cultures and expressions, including their languages, heritage and traditions, and cultural products, and an understanding of how these expressions can influence each other as well as the ideas of the individual. It includes understanding the different ways of communicating ideas between creator, participant and audience within written, printed and digital texts, theatre, film, dance, games, art and design, music, rituals, and architecture, as well as hybrid forms. It requires an understanding of one’s own developing identity and cultural heritage within a world of cultural diversity and how arts and other cultural forms can be a way to both view and shape the world.

Skills include the ability to express and interpret figurative and abstract ideas, experiences and emotions with empathy, and the ability to do so in a range of arts and other cultural forms. Skills also include the ability to identify and realise opportunities for personal, social or commercial value through the arts and other cultural forms and the ability to engage in creative processes, both as an individual and collectively.

It is important to have an open attitude towards, and respect for, diversity of cultural expression together with an ethical and responsible approach to intellectual and cultural ownership. A positive attitude also includes a curiosity about the world, an openness to imagine new possibilities, and a willingness to participate in cultural experiences.

Supporting the development of key competences

Key competences are a dynamic combination of the knowledge, skills and attitudes a learner needs to develop throughout life, starting from early age onwards. High quality and inclusive education, training and lifelong learning provides opportunities for all to develop key competences, therefore competence-oriented approaches can be used in all education, training and learning settings throughout life.

In support of competence-oriented education, training and learning in lifelong learning context, three challenges have been identified: the use of a variety of learning approaches and contexts; support for teachers and other educational staff; and assessment and validation of competence development. In order to address those challenges, certain examples of good practices have been identified.

a.   A variety of learning approaches and environments

(a)

Cross-discipline learning, partnerships between different education levels, training and learning actors, including from the labour market, as well as concepts such as whole school approaches with its emphasis on collaborative teaching and learning and active participation and decision-making of learners can enrich learning. Cross-discipline learning also allows for strengthening the connectivity between the different subjects in the curriculum, as well as establishing a firm link between what is being taught and societal change and relevance. Cross-sectoral cooperation between education and training institutions and external actors from business, arts, sport and youth community, higher education or research institutions, can be key to effective competence development.

(b)

Acquisition of basic skills as well as broader competence development can be fostered by systematically complementing academic learning with social and emotional learning, arts, health-enhancing physical activities supporting health conscious, future-oriented and physically active life styles. Strengthening personal, social and learning competences from early age can provide a foundation for development of basic skills.

(c)

Learning methodologies such as inquiry-based, project-based, blended, arts- and games-based learning can increase learning motivation and engagement. Equally, experimental learning, work-based learning and scientific methods in science, technology, engineering and mathematics (STEM) can foster development of a range of competences.

(d)

Learners, educational staff and learning providers could be encouraged to use digital technologies to improve learning and to support the development of digital competences. For example, by participating in Union initiatives such as ‘The EU Code Week’. The use of self-assessment tools, such as the SELFIE tool, could improve the digital capacity of education, training and learning providers.

(e)

Specific opportunities for entrepreneurial experiences, traineeships in companies or entrepreneurs visiting education and training institutions including practical entrepreneurial experiences, such as creativity challenges, start-ups, student-led community initiatives, business simulations or entrepreneurial project-based learning, could be particularly beneficial for young people, but also for adults and for teachers. Young people could be given the opportunity to have at least one entrepreneurial experience during their school education. School, community and business partnerships and platforms at local level, notably in rural areas, can be key players in spreading entrepreneurial education. Appropriate training and support for teachers and principals could be crucial to create sustained progress and leadership.

(f)

Multilingual competence can be developed by close cooperation with education, training and learning settings abroad, the mobility of educational staff and learners and the use of eTwinning, EPALE and or similar on-line portals.

(g)

All learners, including those facing disadvantages, or having special needs, could be given adequate support in inclusive settings to fulfil their educational potential. Such support could consist of language, academic or socio-emotional support, peer coaching, extra-curricular activity, career guidance or material support.

(h)

The collaboration between education, training and learning settings at all levels can be key to improve the continuity of learner competence development throughout life and for developing innovative learning approaches.

(i)

Cooperation between education and training and non-educational partners in local communities and employers in combination with formal, non-formal and informal learning can support competence development and ease the transition from education to work as well as from work to education.

b.   Support for educational staff

(a)

Embedding competence-oriented approaches to education, training and learning in initial education and continuing professional development can help educational staff in changing teaching and learning in their settings and to be competent in implementing the approach.

(b)

Educational staff could be supported in developing competence-oriented approaches in their specific contexts by staff exchanges and peer learning, and peer counselling allowing for flexibility and autonomy in organising learning, through networks, collaboration and communities of practice.

(c)

Educational staff could be provided assistance in creating innovative practices, taking part in research and making appropriate use of new technologies, including digital technologies, for competence-oriented approaches in teaching and learning.

(d)

Guidance could be provided for educational staff, access to centres of expertise, appropriate tools and materials can enhance the quality of teaching and learning methods and practice.

c.   Assessment and validation of competence development

(a)

Key competence descriptions could translate into frameworks of learning outcomes that could be complemented with suitable tools for diagnostic, formative and summative assessment and validation at appropriate levels (3).

(b)

Digital technologies, in particular, could contribute to capturing the multiple dimensions of learner progression, including entrepreneurial learning.

(c)

Different approaches to assessment of key competences in non-formal and informal learning settings could be developed, including related activities of employers, guidance practitioners and social partners. These should be available to everyone, and especially to low skilled individuals to support their progression to further learning.

(d)

Validation of learning outcomes acquired through non-formal and informal learning could expand and become more robust, in line with the Council Recommendation on the Validation of prior non-formal and informal learning, including different validation processes. Also the use of tools such as Europass and Youthpass, which serve as tools for documentation and self-assessment, may support the validation process.


(1)  While the Council of Europe uses the term ‘plurilingualism’ for referring to multiple language competences of individuals, European Union’s official documents use ‘multilingualism’ to describe both individual competences and societal situations. This is partly due to difficulties making a distinction between plurilingual and multilingual in other languages than English and French.

(2)  The acquisition of classical languages such as Ancient Greek and Latin is also included. Classical languages are the source of many modern languages and therefore can facilitate language learning in general.

(3)  E.g. the Common European Framework of References for Languages, the Digital Competence Framework, the Entrepreneurship Competence Framework as well as PISA competence descriptions provide supporting material for assessment of competences.


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

4.6.2018   

EN

Official Journal of the European Union

C 189/14


Non-opposition to a notified concentration

(Case M.8899 — OTPP/Carlyle/European Camping Group)

(Text with EEA relevance)

(2018/C 189/02)

On 24 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:

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

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8899. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

4.6.2018   

EN

Official Journal of the European Union

C 189/15


The following information is brought to the attention of AL NASSER Abdelkarim Hussein Mohamed, AL-YACOUB Ibrahim Salih Mohammed, IZZ-AL-DIN Hasan, MOHAMMED Khalid Shaikh, Hizballah Military Wing, Ejército de Liberación Nacional (‘National Liberation Army’), Popular Front for the Liberation of Palestine (PFLP), Popular Front for the Liberation of Palestine — General Command, Sendero Luminoso (SL) (‘Shining Path’) — persons and groups included on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

(see Annex to Council Implementing Regulation (EU) 2018/468 of 21 March 2018)

(2018/C 189/03)

The following information is brought to the attention of the abovementioned persons and groups listed in Council Implementing Regulation (EU) 2018/468 (1).

Council Regulation (EC) No 2580/2001 (2) provides for a freezing of all funds, other financial assets and economic resources belonging to the persons and groups concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly.

The Council has been provided with new information relevant to the listing of the abovementioned persons and groups. Having considered this new information, the Council has amended the statements of reasons accordingly.

The persons and groups concerned may submit a request to obtain the updated Council's statements of reasons for maintaining them on the abovementioned list to the following address:

Council of the European Union (Attn: COMET designations)

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Such a request should be submitted by 8 June 2018.

The persons and groups may submit at any time a request to the Council, together with any supporting documentation, that the decision to include and maintain them on the list should be reconsidered, to the address provided above. Such requests will be considered when they are received. In this respect, the attention of the persons and groups concerned is drawn to the regular review by the Council of the list according to Article 1(6) of Common Position 2001/931/CFSP (3).

The attention of the persons and groups concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as listed in the Annex to the Regulation in order to obtain an authorisation to use frozen funds for essential needs or specific payments in accordance with Article 5(2) of that Regulation.


(1)  OJ L 79, 22.3.2018, p. 7.

(2)  OJ L 344, 28.12.2001, p. 70.

(3)  OJ L 344, 28.12.2001, p. 93.


European Commission

4.6.2018   

EN

Official Journal of the European Union

C 189/17


Interest rate applied by the European Central Bank to its main refinancing operations (1):

0,00 % on 1 June 2018

Euro exchange rates (2)

1 June 2018

(2018/C 189/04)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,1669

JPY

Japanese yen

127,74

DKK

Danish krone

7,4441

GBP

Pound sterling

0,87680

SEK

Swedish krona

10,2943

CHF

Swiss franc

1,1531

ISK

Iceland króna

122,10

NOK

Norwegian krone

9,5323

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,827

HUF

Hungarian forint

319,84

PLN

Polish zloty

4,3162

RON

Romanian leu

4,6650

TRY

Turkish lira

5,3991

AUD

Australian dollar

1,5494

CAD

Canadian dollar

1,5142

HKD

Hong Kong dollar

9,1547

NZD

New Zealand dollar

1,6737

SGD

Singapore dollar

1,5617

KRW

South Korean won

1 254,17

ZAR

South African rand

14,8313

CNY

Chinese yuan renminbi

7,4883

HRK

Croatian kuna

7,3850

IDR

Indonesian rupiah

16 195,41

MYR

Malaysian ringgit

4,6536

PHP

Philippine peso

61,375

RUB

Russian rouble

72,5972

THB

Thai baht

37,376

BRL

Brazilian real

4,3681

MXN

Mexican peso

23,2834

INR

Indian rupee

78,3140


(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

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


V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

4.6.2018   

EN

Official Journal of the European Union

C 189/18


Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of China

(2018/C 189/05)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of bicycles originating in the People's Republic of China (the ‘PRC’ or ‘the country concerned’), the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of 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 (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 5 March 2018 by the European Bicycle Manufacturer's Association (‘EBMA’ or ‘the applicant’) on behalf of EU bicycle producers representing more than 45 % of the total Union production of bicycles.

2.   Product under review

The product subject to this review is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes 8712 00 30 and ex 8712 00 70 (TARIC codes 8712007091, 8712007092 and 8712007099) (‘the product under review’).

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 (3) of 29 May 2013, amending Council Implementing Regulation (EU) No 990/2011 (4) imposing a definitive anti-dumping duty on imports of bicycles originating in the PRC, following an interim review pursuant to Article 11(3) of the basic Regulation.

On the same date, the Council, by Implementing Regulation (EU) No 501/2013 (5), extended the measures on imports of bicycles originating in the PRC to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not.

On 18 May 2015 the Commission, by Implementing Regulation (EU) 2015/776 (6), extended the measures on imports of bicycles originating in the PRC to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not.

4.   Grounds for the review

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

4.1.    Allegation of likelihood of continuation or recurrence of dumping

The applicant claimed that it is not appropriate to use domestic prices and costs in the country concerned due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.

To substantiate the allegations of significant distortions, the applicant referred to the Commission Staff Working Document dated 20 December 2017‘Report on Significant Distortions in the Economy of the PRC for the purposes of the trade defence investigations’ (7), describing the specific circumstances in the country concerned. In particular, the applicant refers to the sections on general distortions (e.g. land, energy and capital), and to the section on distortions in the steel, aluminium and chemical sectors, which are core materials used to a large extent in the production of almost all bicycle parts. The same document also stressed serious overcapacity problems in the steel and aluminium market in China concluding that prices in these sectors are not the result of free market forces.

As a result, in view of Article 2(6a) of the basic Regulation, the allegation of continuation or recurrence of dumping is based on a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or benchmarks in an appropriate representative country, with the export price (at ex-works level) of the product under review from the country concerned when sold for export to the Union. On that basis, the dumping margins calculated are significant for the country concerned.

In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9) of the basic Regulation tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in the country concerned is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Regulation.

4.2.    Allegation of likelihood of continuation or recurrence of injury

The applicant has provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union, which has remained significant in absolute terms, is likely to increase due to (i) the existence of a vast unused capacity of the exporting producers in the country concerned; and (ii) the attractiveness of the Union market in terms of volume and prices. In the absence of measures, Chinese export prices would be at a level low enough to further injure the Union industry, which still remains in a fragile situation.

The applicant finally alleges that the improvement of the injury situation of the Union industry is been mainly due to the existence of measures and that any further increase of imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse. Thus, the combined effect of low prices and large quantities would have a significant adverse effect on the overall situation of the Union industry, in particular on sales volumes, prices and profitability. In such a case, it is highly likely that injury emanating from dumped imports from the country concerned will recur and would damage substantially the overall performance of the Union industry.

5.   Procedure

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

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

5.1.    Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 April 2017 to 31 March 2018 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2014 to the end of the investigation period (‘the period considered’).

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

In an expiry review, the Commission examines exports that were made to the Union in the review investigation period and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the product under review in the country concerned is such that exports at dumped prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers of the product under review from the country concerned, irrespective of whether or not they exported (8) the product under review to the Union in the review investigation period, are invited to participate in the Commission investigation.

5.2.1.   Investigating producers in the country concerned

In view of the potentially large number of producers in the country concerned involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the 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 producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to this review, 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 the information on their company(ies) requested in Annex I to this Notice.

In order to obtain the information it deems necessary for the selection of the sample of producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of 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 producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known producers, the authorities of the country concerned and associations of producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation with regard to producers, the Commission will send questionnaires to the producers selected to be in the sample, to any known association of producers and to the authorities of the country concerned.

All 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 producers’).

5.2.2.   Additional procedure with regard to the country concerned subject to significant distortions

Pursuant to point (e) of Article 2(6a), the Commission will, shortly after initiation, by means of a note to the file for inspection by interested parties, inform parties to the investigation about the relevant sources that it intends to use for the purpose of determining normal value in the PRC pursuant to Article 2(6a) of the basic Regulation. This will cover all sources, including the selection of an appropriate representative third country where appropriate. Parties to the investigation shall be given 10 days from the date at which that note is added to that file to submit comments.

According to the information available to the Commission, a possible representative third country for the PRC in this case is Turkey. With the aim of finally selecting the appropriate representative third country, the Commission will examine whether there is a similar level of economic development as the exporting country, whether there is production and sales of the product under review and whether relevant data are readily available. Where there is more than one such country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection.

With regard to the relevant sources, the Commission invites all producers in the country concerned to provide the information requested in Annex III to this Notice within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

In order to obtain the information it deems necessary for its investigation with regard to the alleged significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission will also send a questionnaire to the Government of the country concerned.

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation.

Unless otherwise specified, such 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.

5.2.3.   Investigating unrelated importers (9) (10)

Unrelated importers of the product under review from the country concerned to the Union, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in this investigation.

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. Those 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 review from the country concerned in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. Those 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 a likelihood of continuation or recurrence of injury

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

5.3.1.   Investigating Union producers

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

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.7 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union.

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

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

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

Parties that make themselves known within the 15 days' 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. That 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 of the basic Regulation 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, such 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 must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.7.    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’ (11). 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’. Those summaries must 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:

European Commission

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email

:

TRADE-R688-BICYCLES-DUMPING@ec.europa.eu

TRADE-R688-BICYCLES-INJURY@ec.europa.eu

6.   Non-cooperation

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

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

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

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

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer 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 11(5) of the basic Regulation within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.

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

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

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

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

10.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council 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 (12).


(1)  OJ C 294, 5.9.2017, p. 3.

(2)  OJ L 176, 30.6.2016, p. 21.

(3)  Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 153, 5.6.2013, p. 17).

(4)  Council Implementing Regulation (EU) No 990/2011 of 3 October 2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of the basic regulation (OJ L 261, 6.10.2011, p. 2).

(5)  Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ L 153, 5.6.2013, p. 1).

(6)  Commission Implementing Regulation (EU) 2015/776 of 18 May 2015 extending the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not (OJ L 122, 19.5.2015, p. 4).

(7)  Report on Significant Distortions in the Economy of the PRC for the purposes of the trade defence investigations, 20.12.2017, SWD (2017) 483 final/2 available at: http://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf

(8)  A producer is any company in the country concerned which produces the product under review, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(9)  Only importers not related to producers in the country concerned can be sampled. Importers that are related to 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).

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

(11)  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).

(12)  OJ L 8, 12.1.2001, p. 1.


ANNEX I

Image

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF BICYCLES ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA

This form is designed to assist producers in the People’s Republic of China in responding to the request for sampling information made in point 5.2.1 of the Notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER, SALES VOLUME, PRODUCTION AND PRODUCTION CAPACITY

For the review investigation period as defined in Section 5.1 of the Notice of initiation, indicate the production, production capacity, turnover in the accounting currency of the company (export sales to the Union for each of the 28 Member States (2) separately and in total, export sales to the rest of the world (total and the 5 biggest importing countries) and domestic sales) and the corresponding weight or volume of the product under review as defined in the Notice of initiation. State the weight in tonnes and the currency used.

Table I

Turnover and sales volume

Pieces

Value in accounting currency

Specify the currency used

Export sales to the Union, for each of the 28 Member States separately and in total, of the product under review, manufactured by your company

Total:

Name each Member State (*):

Export sales of the product under review, manufactured by your company to the rest of the world

Total:

Name the 5 biggest importing countries and give the respective volumes and values (*)

(1) This document is for internal use only. It is 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). It is a confidential document pursuant to Article 19 of Regulation (EU) No 1036/2016 of the European Parliament and of the Council of 8 June 2016 (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia Slovenia, Spain, Sweden and the United Kingdom.

Image

Text of image

Pieces

Value in accounting currency

Specify the currency used

Domestic sales of the product under review, manufactured by your company

(*) Add additional rows where necessary

Table II

Production and production capacity

Pieces

Your company’s overall production of the product under review

Your company’s production capacity of the product under review

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 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 is one of the following conditions is fulfilled: (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 or 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 143, 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 of 9 October 2013 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).


ANNEX II

Image

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF BICYCLES ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.2.3 of the Notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of initiation.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. TURNOVER AND SALES VOLUME

For the review investigation period as defined in Section 5.1 of the Notice of initiation, indicate the total turnover in euros (EUR) of the company, and the turnover and weight or volume for imports into the Union (2) and resales on the Union market after importation from the People’s Republic of China and the corresponding weight or volume of the product under review as defined in the Notice of initiation. State the weight in tonnes.

Pieces

Value in euros (EUR)

Total turnover of your company in euros (EUR)

Imports of the product under review into the Union

Resales on the Union market after importation of the product under review

(1) This document is for internal use only. It is 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). It is a confidential document pursuant to Article 19 of Regulation (EU) No 1036/2016 of the European Parliament and of the Council of 8 June 2016 (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The 28 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Croatia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.

Image

Text of image

3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under review. Such activities could include but are not limited to purchasing the product under review or producing it under sub-contracting arrangements, or processing or trading the product under review.

Company name and location

Activities

Relationship

4. OTHER INFORMATION

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5. CERTIFICATION

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will involve completing a questionnaire and accepting a visit at its premises in order to verify its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission’s findings for non-cooperating importers are based on the facts available and the result may be less favourable to that company than if it had cooperated.

Signature of authorised official:

Name and title of authorised official:

Date:

(1) In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 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 is one of the following conditions is fulfilled: (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 or 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 143, 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 of 9 October 2013 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).


ANNEX III

Image

Text of image

☐ ‘Limited’ version (1)

☐ Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF BICYCLES ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION REQUEST REGARDING THE INPUTS USED BY PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA

This form is designed to assist producers in the People’s Republic of China in responding to the request for input information made in point 5.2.2 of the Notice of initiation.

Both the ‘Limited’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the Notice of initiation.

The requested information should be sent back to the Commission at the address specified in the notice of initiation within 15 days from the date of this note to the file.

1. IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

Address

Contact person

Email address

Telephone

Fax

2. INFORMATION ON THE INPUTS USED BY YOUR COMPANY AND RELATED COMPANIES

Please provide a short description of the production process(es) of the product under review.

Please list all materials (raw and processed) and energy used in the production of the product under review as well as all by-products and waste that are sold or (re)introduced in the production process of the product under review. Where appropriate, provide the corresponding Harmonised System (HS) code (2) for each of the items inserted in the tables below. Please fill in a separate Annex for each of the related companies that produce the product under review in case the production process differs.

Raw materials/energy

HS Code

(Add additional rows where necessary)

(1) This document is for internal use only. It is 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). It is a confidential document pursuant to Article 19 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 (OJ L 176, 30.6.2016, p. 21) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

(2) The Harmonised Commodity Description and Coding System generally referred to as ‘Harmonised System’ or simply ‘HS’ is a multipurpose international product nomenclature developed by the World Customs Organisation (WCO).

Image

Text of image

By-products and waste

HS Code

(Add additional rows where necessary)

The company hereby declares that the information provided above is accurate to the best of its knowledge.

Signature of the authorised official:

Name and title of the authorised official:

Date


PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

4.6.2018   

EN

Official Journal of the European Union

C 189/32


Prior notification of a concentration

(Case M.8927 — Sumitomo Corporation/Sumitomo Mitsui Financial Group/Sumitomo Mitsui Finance and Leasing Company)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 189/06)

1.   

On 24 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:

Sumitomo Corporation (‘SC’, Japan),

Sumitomo Mitsui Financial Group, Inc. (‘FG’, Japan),

Sumitomo Mitsui Finance and Leasing Company, Limited (‘FL’, Japan), an existing joint venture between FG and SC, solely controlled by FG.

SC and FG acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of FL and its wholly-owned subsidiary SMFL Capital Co. Limited (‘FLC’) except for the insurance and auto leasing businesses of FLC which will be transferred to a company controlled by SC.

The concentration is accomplished by way of purchase of shares.

2.   

The business activities of the undertakings concerned are:

—   for SC: a listed Japanese integrated trading and investing company headquartered in Tokyo, which is active in various sectors, such as the trading of metal products, transportation, media, mineral resources, energy, chemicals and electronics,

—   for FG: a publicly listed company headquartered in Tokyo, which offers a full range of financial services, including corporate banking, retail banking, investment banking, consumer finance, credit cards, leasing, a brokerage platform, and financial research and consulting services,

—   for FL: an existing joint venture between SC and FG headquartered in Tokyo. It primarily provides general leasing, loans, factoring, aircraft leasing and auto leasing services.

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.

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.8927 — Sumitomo Corporation/Sumitomo Mitsui Financial Group/Sumitomo Mitsui Finance and Leasing Company

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË


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

(2)  OJ C 366, 14.12.2013, p. 5.