ISSN 1977-091X |
||
Official Journal of the European Union |
C 51 |
|
![]() |
||
English edition |
Information and Notices |
Volume 63 |
Contents |
page |
|
|
II Information |
|
|
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
|
|
European Commission |
|
2020/C 51/01 |
Non-opposition to a notified concentration (Case M.9699 — Mitsubishi Corporation/Eneco Groep) ( 1 ) |
|
IV Notices |
|
|
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
|
|
European Commission |
|
2020/C 51/02 |
||
|
NOTICES FROM MEMBER STATES |
|
2020/C 51/03 |
||
2020/C 51/04 |
Winding-Up Proceedings Winding-up proceedings in respect of Elite Insurance Company Limited |
|
2020/C 51/05 |
||
2020/C 51/06 |
||
2020/C 51/07 |
||
|
NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
|
|
EFTA Surveillance Authority |
|
2020/C 51/08 |
|
V Announcements |
|
|
ADMINISTRATIVE PROCEDURES |
|
|
European Commission |
|
2020/C 51/09 |
CALL FOR ACCREDITATION – EACEA/03/2020 Erasmus Charter for Higher Education 2021-2027 |
|
2020/C 51/10 |
||
|
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
|
|
European Commission |
|
2020/C 51/11 |
||
2020/C 51/12 |
||
|
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
|
|
European Commission |
|
2020/C 51/13 |
Prior notification of a concentration (Case M.9647 – GHT Mobility/Stadtwerke Düsseldorf/Clevershuttle Düsseldorf) Candidate case for simplified procedure ( 1 ) |
|
2020/C 51/14 |
Prior notification of a concentration (Case M.9700 — Dnata/Alpha LSG) Candidate case for simplified procedure ( 1 ) |
|
|
OTHER ACTS |
|
|
European Commission |
|
2020/C 51/15 |
|
|
|
(1) Text with EEA relevance. |
EN |
|
II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/1 |
Non-opposition to a notified concentration
(Case M.9699 — Mitsubishi Corporation/Eneco Groep)
(Text with EEA relevance)
(2020/C 51/01)
On 7 February 2020, 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 32020M9699. EUR-Lex is the on-line access to European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/2 |
Euro exchange rates (1)
13 February 2020
(2020/C 51/02)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,0867 |
JPY |
Japanese yen |
119,21 |
DKK |
Danish krone |
7,4721 |
GBP |
Pound sterling |
0,83375 |
SEK |
Swedish krona |
10,4823 |
CHF |
Swiss franc |
1,0633 |
ISK |
Iceland króna |
137,70 |
NOK |
Norwegian krone |
10,0415 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
24,835 |
HUF |
Hungarian forint |
337,12 |
PLN |
Polish zloty |
4,2513 |
RON |
Romanian leu |
4,7645 |
TRY |
Turkish lira |
6,5843 |
AUD |
Australian dollar |
1,6138 |
CAD |
Canadian dollar |
1,4406 |
HKD |
Hong Kong dollar |
8,4398 |
NZD |
New Zealand dollar |
1,6835 |
SGD |
Singapore dollar |
1,5096 |
KRW |
South Korean won |
1 286,02 |
ZAR |
South African rand |
16,1313 |
CNY |
Chinese yuan renminbi |
7,5890 |
HRK |
Croatian kuna |
7,4513 |
IDR |
Indonesian rupiah |
14 892,14 |
MYR |
Malaysian ringgit |
4,5006 |
PHP |
Philippine peso |
54,863 |
RUB |
Russian rouble |
69,0209 |
THB |
Thai baht |
33,839 |
BRL |
Brazilian real |
4,7182 |
MXN |
Mexican peso |
20,2411 |
INR |
Indian rupee |
77,4495 |
(1) Source: reference exchange rate published by the ECB.
NOTICES FROM MEMBER STATES
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/3 |
Communication from the Minister for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
(2020/C 51/03)
The Minister for Economic Affairs and Climate Policy hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block segment F15c as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2014, No 4928).
Block segment F15c is delimited by the great circles between vertex pairs
A-B, B-C, C-D, D-E, E-F, F-G, G-H and H-A.
The vertices are defined as follows:
Vertex |
o |
’ |
‘’ E |
o |
’ |
’‘’ N |
A |
4 |
55 |
55,011 |
54 |
19 |
57,415 |
B |
4 |
59 |
55.017 |
54 |
19 |
57.417 |
C |
4 |
59 |
55.037 |
54 |
9 |
57.397 |
D |
4 |
54 |
55.029 |
54 |
9 |
57.394 |
E |
4 |
54 |
55.029 |
54 |
10 |
12.394 |
F |
4 |
54 |
55.025 |
54 |
11 |
57.398 |
G |
4 |
54 |
23.092 |
54 |
12 |
25.574 |
H |
4 |
55 |
55.023 |
54 |
13 |
57.403 |
The above vertices are defined by their geographical coordinates, calculated according to the ETRS89 system.
Block segment F15c covers an area of 88,2 km2.
With reference to the Directive referred to in the preamble and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs and Climate Policy hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block segment F15c of the Dutch continental shelf.
The Minister for Economic Affairs and Climate Policy is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1) and (2) and 6(2) of the above-mentioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:
The Minister for Economic Affairs and Climate Policy |
attn.: Mr J.L. Rosch, Heat and Underground Resources Directorate |
Bezuidenhoutseweg 73 |
Postbus 20401 |
2500 EK The Hague |
THE NETHERLANDS |
Email: mijnbouwaanvragen@minezk.nl
Applications received after the expiry of this period will not be considered.
A decision on the applications will in principle be taken not later than 12 months after this period has expired.
Further information can be obtained by calling Ms E. Aygün on the following telephone number:
+31 611223780.
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/5 |
Winding-Up Proceedings
Winding-up proceedings in respect of Elite Insurance Company Limited
(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))
(2020/C 51/04)
Insurance undertaking |
|
||||||||||
Date, entry into force and nature of decision |
On 11 December 2019, the Supreme Court of Gibraltar appointed (with immediate effect) Mr Edgar Charles Lavarello and Mr Dan Yoram Schwarzmann of PricewaterhouseCoopers as Joint Administrators of Elite Insurance Company Limited under the Insolvency Act 2011. The Joint Administrators shall manage the business, assets and affairs of the company and will have the power to perform their functions in order to meet the statutory objectives in section 46 of the Insolvency Act. The Joint Administrators will coordinate with the Financial Services Compensation Scheme in the United Kingdom to ensure that the claims of eligible UK policyholders are processed and submitted to the Compensation Scheme. The Joint Administrator’s will also investigate the potential for compensation for policyholders in other European jurisdictions. In addition, the Joint Administrators will review unprotected insurance claims for the admission of such claims in the estate. Any distribution to insurance creditors may only occur if there has been a successful realisation of assets. Entry into force: 11 December 2019 |
||||||||||
Competent authorities |
|
||||||||||
Supervisory authority |
|
||||||||||
Administrators appointed |
|
||||||||||
Applicable law |
|
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/6 |
List of ports in EU Member States where landings and transhipment operations of fishery products are allowed and port services are accessible for third country fishing vessels, in accordance with Article 5(2) of Council Regulation (EC) No 1005/2008
(2020/C 51/05)
The publication of this list is in accordance with Article 5(4) of Council Regulation (EC) No 1005/2008 (1).
Member State |
Designated ports |
|
|
Belgium |
Oostende Zeebrugge |
|
|
Bulgaria |
Бургас (Burgas) Варна (Varna) |
|
|
Denmark |
Esbjerg Fredericia Hanstholm Hirtshals Hvide Sande (*1) København Skagen Strandby (*1) Thyborøn (*1) Aalborg Aarhus |
|
|
Germany |
Bremerhaven Cuxhaven Rostock (transhipments not allowed) Sassnitz/Mukran (transhipments not allowed) |
|
|
Estonia |
None at the moment |
|
|
Ireland |
Killybegs (*1) Castletownbere (*1) |
|
|
Greece |
Πειραιάς (Piraeus) Θεσσαλονίκη (Thessaloniki) |
|
|
Spain |
A Coruña A Pobra do Caramiñal Algeciras Alicante Almería Barbate (*1) (transhipments and landings not permitted) Barcelona Bilbao Cádiz Cartagena Castellón Gijón Huelva Las Palmas de Gran Canaria Málaga Marín Palma de Mallorca (*1) Ribeira Santa Cruz de Tenerife Santander Tarragona Valencia Vigo (Área Portuaria) Vilagarcía de Arousa |
|
|
France |
Metropolitan France: Dunkerque Boulogne Le Havre Caen (*1) Cherbourg (*1) Carteret Granville (*1) Saint-Malo Roscoff (*1) Brest Douarnenez (*1) Concarneau (*1) Lorient (*1) Nantes - Saint-Nazaire (*1) La Rochelle (*1) Rochefort sur Mer (*1) Port la Nouvelle (*1) Sète Marseille Port Overseas France: Le Port (La Réunion) Fort de France (Martinique) (*1) Port de Jarry (Guadeloupe) (*1) Port du Larivot (Guyane) (*1) |
|
|
Croatia |
Ploče Rijeka Zadar – Gaženica Split – Sjeverna luka |
|
|
Italy |
Ancona Brindisi Civitavecchia Fiumicino (*1) Genova Gioia Tauro La Spezia Livorno Napoli Olbia Palermo Ravenna Reggio Calabria Salerno Taranto Trapani Trieste Venezia |
|
|
Cyprus |
Λεμεσός (Limassol) |
|
|
Latvia |
Rīga Ventspils |
|
|
Lithuania |
Klaipėda |
|
|
Malta |
Valletta (Deepwater Quay, Laboratory Wharf, Magazine Wharf) |
|
|
Netherlands |
Eemshaven Ijmuiden Harlingen Scheveningen (*1) Velsen Vlissingen |
|
|
Poland |
Gdańsk Gdynia Szczecin Świnoujście (*1) |
|
|
Portugal |
Aveiro Lisboa Peniche Porto Setúbal Sines Viana do Castelo Açores: Horta Ponta Delgada Praia da Vitória (*1) Madeira: Caniçal |
|
|
Romania |
Constanța |
|
|
Slovenia |
None at the moment |
|
|
Finland |
Helsinki (transhipments not permitted) |
|
|
Sweden |
Ellös (*1)/ (*5) (transhipments not permitted) (access to port services only if landing) Karlskrona Saltö (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Karlskrona Handelshamnen (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Kungshamn (*1)/ (*5) (transhipments not permitted) (access to port services only if landing) Lysekil (*1)/ (*3)/ (*5) (transhipments not permitted) Mollösund (*1)/ (*5) (transhipments not permitted) (access to port services only if landing) Nogersund (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Rönnäng (*1)/ (*3)/ (*5) (transhipments not permitted) Simrishamn (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Slite (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Smögen (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Strömstad (*1)/ (*3)/ (*5) (transhipments not permitted) Trelleborg (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Träslövsläge (*1)/ (*5) (transhipments not permitted) (access to port services only if landing) Västervik (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) Wallhamn (*1)/ (*3)/ (*4)/ (*5) (transhipments not permitted) |
|
|
United Kingdom |
Dundee (*1) (only access to port services) Falmouth Grangemouth (*1) (only access to port services) Greenock (*1) (only access to port services) Grimsby Hull Immingham Invergordon (*1) (only access to port services) Leith (*1) (only access to port services) Methel (*1) (only access to port services) Peterhead Stornoway (*1) (only access to port services) |
(1) OJ L 286, 29.10.2008, p. 1.
(*1) Not an EU Border Inspection Post (BIP)
(*2) Landings only accepted from fishing vessels flying the flag of EEA or EFTA countries
(*3) Landings of all fishery products from vessels flying the flag of Norway, Iceland, Andorra and the Faroe Islands are allowed
(*4) Landings of more than 10 tons of herring taken in areas outside the Baltic Sea, mackerel and horse mackerel are not permitted
(*5) Landings of frozen fish are not allowed, other than from vessels flying the flag of Norway, Iceland, Andorra and the Faroe Islands if noted with ***.
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/10 |
List of Member States and their competent authorities concerning Articles 15(2), 17(8) and 21(3) of Council Regulation (EC) No 1005/2008
(2020/C 51/06)
The publication of this list is in accordance with Article 22(2) of Council Regulation (EC) No 1005/2008 of 29 September 2008 (1). The competent authorities have been notified in accordance with the following articles of that Regulation:
a) |
Article 15(1): The exportation of catches made by fishing vessels flying the flag of a Member State shall be subject to the validation of a catch certificate by the competent authorities of the flag Member State, as established in Article 12(4), if required within the framework of the cooperation laid down in Article 20(4). Article 15(2): Flag Member States shall notify to the Commission their competent authorities for the validation of the catch certificates referred to in paragraph 1. |
b) |
Article 17(8): Member States shall notify to the Commission their competent authorities for the checks and verifications of the catch certificates in accordance with Article 16 and paragraphs (1) to (6) of this Article. |
c) |
Article 21(3): Member States shall notify to the Commission their competent authorities for the validation and the verification of the section‘re-export’ of catch certificates in accordance with the procedure defined in Article 15.
|
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/15 |
Winding-Up Proceedings
Decision to start winding-up proceedings in respect of Quick-Sure Insurance Limited
(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))
(2020/C 51/07)
Insurance undertaking |
|
||||||
Date, entry into force and nature of decision |
On 23 January 2020, the Supreme Court of Gibraltar appointed (with immediate effect) Mr Grant Jones and James Oton of Simmons Gainsford Gibraltar LLP as joint administrators of Quick-Sure Insurance Limited, under the Insolvency Act 2011. The administrator will coordinate with the Financial Services Compensation Scheme in the United Kingdom to ensure that all policyholders will continue to have valid and eligible claims settled. Entry into force: 23 January 2020 |
||||||
Competent authorities |
|
||||||
Supervisory authority |
|
||||||
Administrators appointed |
|
||||||
Applicable law |
Gibraltar law Insolvency Act 2011 Companies Act 2014 |
NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
EFTA Surveillance Authority
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/16 |
Threshold values referred to in Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC, expressed in the national currencies of the EFTA States
(2020/C 51/08)
Thresholds in EUR |
Thresholds in NOK |
Thresholds in CHF |
Thresholds in ISK |
80 000 |
771 036 |
91 563 |
10 429 009 |
139 000 |
1 339 676 |
159 091 |
18 120 403 |
214 000 |
2 062 522 |
244 931 |
27 897 599 |
428 000 |
4 125 045 |
489 863 |
55 795 199 |
750 000 |
7 228 467 |
858 404 |
97 771 961 |
1 000 000 |
9 637 957 |
1 144 539 |
130 362 615 |
5 350 000 |
51 563 071 |
6 123 288 |
697 439 993 |
V Announcements
ADMINISTRATIVE PROCEDURES
European Commission
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/17 |
CALL FOR ACCREDITATION – EACEA/03/2020
Erasmus Charter for Higher Education 2021-2027
(2020/C 51/09)
Reserve Clause
The 2021-2027 EU Programme for education, training, youth and sport proposed by the European Commission on 30 May 2018 (hereafter the Programme) has not yet been adopted by the European legislators. However this call for accreditation is published to facilitate the application of potential beneficiaries of Union grants as soon as the legal basis is adopted by the European legislators.
This Call for accreditation does not legally bind the European Commission. In case of a substantial modification of the legal basis by the European legislators, the present Call might be modified or cancelled and other Calls for accreditation with different content and appropriate deadlines for reply may be launched.
More generally, any action flowing from this Call for accreditation is subject to the following conditions, whose implementation is beyond the Commission’s control:
— |
the adoption by the European Parliament and the Council of the European Union of the final text of the legal basis establishing the Programme, |
— |
the adoption of the 2021 and subsequent annual work programmes and the general implementation guidelines, criteria and procedures of selection, after referral of the committee of the Programme, and |
— |
the adoption of the 2021 and subsequent budgets of the European Union by the budgetary authority. |
The proposed 2021-2027 EU Programme for education, training, youth and sport is based on Articles 165 and 166 of the Treaty on the Functioning of the European Union and on the subsidiarity principle.
1. Objectives and description
The Erasmus Charter for Higher Education (ECHE) provides the general quality framework for European and international cooperation activities a higher education institution (HEI) undertakes when participating in the Programme. The award of an Erasmus Charter for Higher Education is a pre-requisite for all higher education institutions located in one of the countries mentioned below and wanting to apply and participate in learning mobility, cooperation among organisations and institutions and/or support to policy development projects under the 2021-2027 Programme. For HEIs located in third countries not associated to the Programme, the ECHE is not required, and the quality framework will be established through inter-institutional agreements between HEIs.
The Charter is awarded for the full duration of the Programme. The implementation of the Charter will be monitored by the Erasmus+ National Agencies and the violation of its principles and commitments may lead to its withdrawal by the European Commission.
2. Eligible applicants
HEIs established in one of the following countries are eligible to apply for an Erasmus Charter for Higher Education:
— |
the Member States of the European Union, |
— |
third countries associated to the Programme, under the conditions set out in the legal basis (1). |
To be eligible, applicants must be recognised as a higher education institution (2) by the national authorities of the country of the applicant.
3. Deadline for the submission of applications and indicative date of publishing selection results
The deadline for submitting applications for the Erasmus Charter for Higher Education is 21 April 2020. The indicative date of publishing selection results is 15 October 2020.
4. Selection procedure
Exceptionally, two separate application procedures will be put in place for this Call.
Prior to the publication of this Call, the European Commission and the Erasmus+ National Agencies will have analysed the activity and past performance of ECHE holders under the 2014-2020 Erasmus+ Programme. The following elements were taken into account:
— |
whether the higher education institution had participated in an Erasmus+ activities from call 2017 onwards, |
— |
whether the higher education institution respected the Erasmus Charter for Higher Education principles, |
— |
whether the higher education institution obtained their ECHE under the 2020 call. |
According to this information, two separate application procedures will be in place:
— |
Former ECHE holders that were active and compliant with the Charter principles from the 2017 Erasmus+ call onwards, as well as HEIs that obtained their ECHE under the 2020 ECHE Call are invited to apply via the following link: Topic 1. |
— |
Former ECHE holders that were inactive or non-compliant with the Charter principles from the 2017 Erasmus+ call onwards, as well as new applicants, are invited to apply via the following link: Topic 2. |
The Erasmus+ National Agencies have informed all current ECHE Holders (2014-2020) which application procedure they should go through. In case the applicant is not sure of which procedure to go through, it is invited to consult its National Agency according to the contact information found on the following webpage: https://ec.europa.eu/programmes/erasmus-plus/contact/national-agencies_en
An Evaluation Committee composed of officials from EACEA and the European Commission will evaluate the applications against admissibility and eligibility criteria to award the Charter, based on feedback received from independent external experts.
These applications will be put at the disposal of the Erasmus+ National Agencies to perform the monitoring of the Charter principles. Failure to comply with these principles may lead to the withdrawal of the Erasmus Charter for Higher Education and the exclusion of the HEI from participating in the Programme.
5. Full details
The Commission proposal for a Regulation establishing the 2021-2027 Union programme for education, training, youth and sport can be found at the following webpage: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2018%3A367%3AFIN
Applications must be submitted according to the guidelines provided by the Education, Audiovisual and Culture Executive Agency and available at the website: https://eacea.ec.europa.eu/erasmus-plus/funding/erasmus-charter-for-higher-education-2021-2027_en
(1) Pending adoption of the legal basis. In the Erasmus+ 2014-2020 Programme, this list includes: Iceland, Norway, Liechtenstein, Turkey, North Macedonia and Serbia.
(2) ‘Higher education institution’ means any institution which, in accordance with national law or practice, offers recognised degrees or other recognised tertiary level qualifications, whatever such establishment may be called as well as any other comparable institution at tertiary level which is considered by the national authorities as eligible to participate in the Programme, in their respective territories.
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/20 |
Call for expressions of interest for the selection of a member of the European Fiscal Board
Prolongation of deadline for submission of applications
(Official Journal of the European Union C 13 of 15 January 2020)
(2020/C 51/10)
The deadline for submission of applications for the call for expressions of interest for the selection of a member of the European Fiscal Board of 14 February 2020, midnight, has been prolonged until 15 March 2020, midnight, Brussels time.
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/21 |
Notice of initiation concerning a review of the safeguard measures applicable to imports of certain steel products
(2020/C 51/11)
On 31 January 2019, the European Commission (‘the Commission’) imposed definitive safeguard measures on certain steel products (the ‘Definitive Safeguard Regulation’) (1).
Recital (161) of the Definitive Safeguard Regulation sets out that the Commission, on the basis of Union interest considerations, may have to review certain elements of the safeguard measures in order to take account of recent developments or changed circumstances. Furthermore, such a review should be conducted on a regular basis, and at least at the end of each year of imposition of measures.
In line with that consideration, on 17 May 2019, the Commission initiated a first review of the safeguard measures. (2) That review was concluded on 26 September 2019 (3).
In order to take account of possible developments and changed circumstances before the end of the second year of imposition of measures, the Commission has decided to initiate a second review of the safeguard measures.
1. Product under review
The product under review consists of certain steel products which are listed in the Annex to this Notice.
2. Scope of the review
The Commission intends to carry out this review following the structure used in the framework of the previous review:
A. |
Level and allocation of tariff-rate quota for a number of specific product categories The Commission will investigate the use of the tariff-rate quota since the entry into force of the last changes resulting from the first review and the comments made by the parties in that respect. On that basis, it will determine whether any adjustment resulting from changed circumstances is warranted. |
B. |
Crowding-out of traditional trade flows With its last review, the Commission introduced adjustments in order to maintain traditional trade flows. The Commission intends to examine whether those adjustments work adequately or require further refinements. |
C. |
Potential detrimental effects in achieving the integration objectives pursued with preferential trading partners The Commission will investigate whether the functioning of the existing steel safeguard measures has caused any substantial risks to the stabilization or economic development of certain preferential trading partners to an extent that is detrimental to the integration objectives of their agreements with the EU. |
D. |
Update of the list of developing WTO member countries excluded from the scope of the measures based on their most recent level of imports Under EU Regulation 2015/478 (4), safeguard measures should not be applied on imports originating in a developing country WTO member as long as its share in the overall of imports of the product subject to measures does not exceed 3%, provided that such developing countries collectively account for not more than 9% of total Union imports of the product concerned. In line with recital (192) of the Definitive Safeguard Regulation, the Commission should review whether imports from a developing WTO member exceeds the 3% threshold and should eventually be included in the scope of the safeguard measures. The Commission intends to carry out such an assessment and, if needed, update the list of developing countries that are WTO members and that should be included in, or excluded from, the scope of the measures. |
E. |
Other changes of circumstances that may require an adjustment to the level of allocation of the tariff-rate quota Interested parties are also invited to raise any other issues not falling under sections A-D above to the extent that they concern lasting changes of circumstances as compared to the situation prevailing during the original investigation – whose effects may need to be reviewed and may justify, inter alia, an adjustment to the level or allocation of the tariff-rate quota in specific product categories. Interested parties wishing to raise additional issues are requested to provide sufficient evidence substantiating their claims, as well as specific proposals how to address any developments affecting a product category. |
3. Procedure
In light of the above, the Commission hereby initiates a review of the existing steel safeguard measures, limited to the scope of issues specified above.
3.1. Written submissions
In order to obtain all relevant information deemed necessary for the investigation, interested parties are hereby invited to make their views known, submit information and provide supporting evidence to the Commission. This information and supporting evidence must reach the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Interested parties making a submission are requested to clearly structure their submissions and state in their correspondence (i) which of the above review issue(s) and (ii) which product category(ies) is (are) concerned by their submission.
3.2. Possibility to comment on other parties’ submissions
In order to guarantee the rights of defence, interested parties should have the possibility to comment on the information submitted by other interested parties. When doing so, interested parties may only address the issues raised in the other interested parties’ submissions and may not raise new issues.
Such comments must reach the Commission within 7 days from the moment the submissions mentioned in paragraph 3.1 are made available for inspection by interested parties. The Commission may also issue specific instructions on the structure of the rebuttals at a later stage in the proceeding. In such case, the Commission would inform interested parties via a Note to the file in Tron accordingly.
Access to the file available for inspection for interested parties is made via Tron.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access.
The outlined timeframe is without prejudice to the Commission’s right to request additional information from interested parties in duly justified cases.
Given the need to complete the review in a short timeframe – see Section 6. below– and the fact that interested parties will be given the possibility to comment on other parties’ submissions, which will ensure sufficient opportunities to defend their interests, the Commission will not organise hearings for the purpose of this investigation, unless exceptional circumstances so require.
3.3. Submission of information and extension to time limits specified in this Notice
As a rule, interested parties may only submit information within the timeframes specified in this Notice. Any extension to the time limits provided for in this Notice can only be requested in exceptional circumstances and will only be granted if duly justified. Duly justified exceptional extensions to the deadline to make submission will normally be limited to 3 additional days.
3.4. Instructions for making written submissions and sending completed questionnaires and correspondence
Information submitted to the Commission for the purpose of trade defence proceeding 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 the Commission a) 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 provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (5). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.
Parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 8 of EU Regulation 2015/478 (6) and Article 5 of EU Regulation 2015/755 (7), which will be labelled ‘For inspection by interested parties’. Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence and must reach the Commission at the same time of the ‘Limited’ version.
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 via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI) including scanned powers of attorney. By using TRON.tdi or e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-Genera for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or 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 via TRON.tdi, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
European Commission |
Directorate-General for Trade |
Directorate H, unit H5 |
Office: CHAR 03/66 |
1049 Bruxelles/Brussel |
BELGIQUE/BELGIË |
TRON.tdi: https://webgate.ec.europa.eu/tron/tdi |
Email address: TRADE-SAFE009-REVIEW@ec.europa.eu
4. Schedule of the review
In order to avoid any uncertainty and undue disruption of the steel safeguard system currently in place, the current review shall be concluded in the shortest timeframe and, whenever possible, before 30 June 2020.
5. Non-Cooperation
In cases where any interested party does not provide the necessary information within the time limits, or significantly impedes the investigation, findings may be made on the basis of facts available, in accordance with Article 5 of Regulation (EU) 2015/478 and Article 3 of Regulation (EU) 2015/755. Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
6. Hearing Officer
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 any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.
Interested parties may request an intervention of the Hearing Officer. In principle, these interventions shall be limited to the issues that have arisen during the current review proceeding.
A request for an intervention of the Hearing Officer should be made in writing and should specify the reasons for the request. In principle, the timeframes set out in Section 3.1 to Section 3.3 of this Notice for submissions to the Commission apply mutatis mutandis to requests for intervention to the Hearing Officer. Where such requests are submitted outside the relevant timeframes, the Hearing Officer may also examine the reasons for such late requests, having due regard to the interests of good administration and the timely completion of the investigation.
For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s Internet: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.
7. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (8).
A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s Internet: http://trade.ec.europa.eu/doclib/html/157639.htm
(1) Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27).
(2) OJ C 169, 17.5.2019, p. 9.
(3) Commission Implementing Regulation (EU) 2019/1590 of 26 September 2019 amending Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 248, 27.9.2019, p. 28).
(5) A ‘Limited’ document is a document which is considered confidential pursuant to Article 8 of Regulation (EU) 2015/478, Article 5 of Regulation (EU) 2015/755 and Article 3.2 of the WTO Agreement on Safeguards. It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).
(7) OJ L123, 19.5.2015, p. 33.
(8) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L295, 21.11.2018, p. 39).
ANNEX
List of product categories subject to definitive safeguard measures
Product Number |
Product category |
1 |
Non Alloy and Other Alloy Hot Rolled Sheets and Strips |
2 |
Non Alloy and Other Alloy Cold Rolled Sheets |
3.A |
Electrical Sheets (other than GOES) |
3.B |
|
4.A |
Metallic Coated Sheets |
4.B |
|
5 |
Organic Coated Sheets |
6 |
Tin Mill products |
7 |
Non Alloy and Other Alloy Quarto Plates |
8 |
Stainless Hot Rolled Sheets and Strips |
9 |
Stainless Cold Rolled Sheets and Strips |
10 |
Stainless Hot Rolled Quarto Plates |
12 |
Non Alloy and Other Alloy Merchant Bars and Light Sections |
13 |
Rebars |
14 |
Stainless Bars and Light Sections |
15 |
Stainless Wire Rod |
16 |
Non Alloy and Other Alloy Wire Rod |
17 |
Angles, Shapes and Sections of Iron or Non Alloy Steel |
18 |
Sheet Piling |
19 |
Railway Material |
20 |
Gas pipes |
21 |
Hollow sections |
22 |
Seamless Stainless Tubes and Pipes |
24 |
Other Seamless Tubes |
25 |
Large welded tubes |
27 |
Non-alloy and other alloy cold finished bars |
28 |
Non Alloy Wire |
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/26 |
Notice of initiation of an anti-dumping proceeding concerning imports of aluminium extrusions originating in the People’s Republic of China
(2020/C 51/12)
The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of aluminium extrusions, originating in the People’s Republic of China are being dumped and are thereby causing injury (2) to the Union industry.
1. Complaint
The complaint was lodged on 3 January 2020 by European Aluminium (‘the complainant’), on behalf of seven producers representing more than 25 % of the total Union production of aluminium extrusions.
An open version of the complaint and the analysis of the degree of support by Union producers for the complaint are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.
2. Product under investigation
The product subject to this investigation is bars, rods, profiles (whether or not hollow), tubes, pipes; unassembled; whether or not prepared for use in structures (e.g. cut-to-length, drilled, bent, chamfered, threaded); made from aluminium, whether or not alloyed, containing not more than 99,3 % of aluminium (‘the product under investigation’).
The following products are not covered by this investigation:
i. |
products attached (e.g. by welding or fasteners) to form subassemblies; |
ii. |
welded tubes and pipes; |
iii. |
products in a packaged kit with the necessary parts to assemble a finished product without further finishing or fabrication of the parts (‘finished goods kit’). |
All interested parties wishing to submit information on the product scope must do so within 10 days of the date of publication of this Notice (3).
3. Allegation of dumping
The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China (‘the PRC’) currently classified under CN codes ex 7604 10 10, ex 7604 10 90, 7604 21 00, 7604 29 10, 7604 29 90, ex 7608 10 00, 7608 20 81, 7608 20 89 and ex 7610 90 90 (TARIC codes 7604101011, 7604109011, 7604109025, 7604109080, 7608100011, 7608100080, 7610909010). The CN and TARIC codes are given for information only.
The complainant claimed that it is not appropriate to use domestic prices and costs in the PRC (‘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 complainant relied on the ‘Commission Staff Working Document on Significant Distortions in the Economy of the PRC’ dated 20 December 2017 (the ‘Commission report’), the report ‘Overcapacity in China: An impediment to the Party’s Reform Agenda’ issued by the EU Chamber of Commerce in Beijing and the OECD report ‘Measuring distortions in international markets - The aluminium value chain’. In the Commission report, the complainant refers to the specific section on aluminium, the major cost item in the production of aluminium extrusions, as well as to the chapters about general distortions regarding energy and electricity. The OECD report also evidenced that non-market forces, and government support in particular, appear to explain increased overcapacity in the aluminium industry in the PRC. Since Chinese aluminium capacities systematically exceed domestic demand, an increasing number of producers have – government-incentivised – focused primarily on export markets and in particular the EU. This overcapacity and the consequences thereof are also identified in the report issued by the EU Chamber of Commerce in Beijing.
As a result, in view of Article 2(6a)(a) of the basic Regulation, the allegation 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, with the export price (at ex-works level) of the product under investigation 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.
The Commission report is available in the file for inspection by interested parties and on DG Trade’s website in footnote (4). Both the OECD and the EU Chamber of Commerce in Beijing reports are part of the open version of the complaint and available in the file for inspection by interested parties.
4. Allegation of injury/causation and raw material distortions
4.1. Allegation of injury and causation
The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and in terms of market share.
The evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold and on the level of prices charged as well as on the market share held by the Union industry, resulting in substantial adverse effects on the overall performance of the Union industry.
4.2. Allegation of raw material distortions
The complainant has provided the Commission sufficient evidence that there are raw material distortions in the country concerned regarding the product under investigation. Those distortions appear to result in prices that are lower than those quoted on international markets of the same product.
According to the evidence in the complaint, billets of aluminium, which account for more than 60 % of the cost of production of the product under investigation, is subject to export taxes in the country concerned. On the basis of a comparison of prices quoted on the London Metals Exchange for billets of aluminium with those in the PRC, the complaint establishes that the export taxes on the product under investigation appear to result in prices below those of representative international markets.
Therefore, in accordance with Article 7(2a) of the basic Regulation, the investigation will examine the alleged distortions to assess whether, if relevant, a duty lower than the margin of dumping would be sufficient to remove injury. Should other distortions covered by Article 7 (2a) of the basic Regulation be identified in the course of the investigation, the investigation may also cover these distortions.
5. Procedure
Having determined, after informing the Member States, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.
The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether the dumped imports have caused injury to the Union industry.
If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest under Article 21 of the basic Regulation. In case of application of Article 7(2a), the investigation will examine the Union’s interest test under Article 7(2b) of the basic Regulation.
Regulation (EU) 2018/825 of the European Parliament and of the Council (5), which entered into force on 8 June 2018 (TDI Modernisation package), introduced significant changes to the timetable and deadlines previously applicable in anti-dumping proceedings. The time-limits for interested parties to come forward, in particular at the early stage of investigations, are shortened.
5.1. Investigation period and period considered
The investigation of dumping and injury will cover the period from 1 January 2019 to 31 December 2019 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2016 to the end of the investigation period (‘the period considered’).
5.2. Comments on the complaint and the initiation of the investigation
All interested parties are invited to make their views known on the factors of production/inputs and the Harmonised System (HS) codes provided in the complaint within 15 days of the date of publication of this Notice.
All interested parties wishing to comment on the complaint (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the complaint) must do so within 37 days of the date of publication of this Notice.
Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.
5.3. Procedure for the determination of dumping
Exporting producers (6) of the product under investigation are invited to participate in the Commission investigation.
5.3.1. Investigating exporting producers
5.3.1.1.
(a) Sampling
In view of the potentially large number of exporting producers in the country concerned involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to provide the Commission with information on their company(ies) requested in Annex I to this Notice within 7 days of the date of publication of this Notice.
In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission has also contacted the authorities of the PRC and may contact any known associations of exporting producers.
If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the PRC and associations of exporting producers will be notified by the Commission, via the authorities of the PRC if appropriate, of the companies selected to be in the sample.
Once the Commission has received the necessary information to select a sample of exporting producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled exporting producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.
The Commission will add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.
A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2449.
Without prejudice to the possible application of Article 18 of the basic Regulation, exporting producers that have filled in Annex I within the specified deadline and agreed to be included in the sample but are not selected as part of the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section 5.3.1(b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (7).
(b) Individual dumping margin for exporting producers not included in the sample
Pursuant to Article 17(3) of the basic Regulation, non-sampled cooperating exporting producers may request the Commission to establish their individual dumping margins. Exporting producers wishing to claim an individual dumping margin must fill in the questionnaire and return it duly completed within 30 days of the date of notification of the sample selection, unless otherwise specified. A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2449.
The Commission will examine whether non-sampled cooperating exporting producers can be granted an individual duty in accordance with Article 9(5) of the basic Regulation.
However, non-sampled cooperating exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of non-sampled cooperating exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.
5.3.2. Additional procedure with regard to the country concerned subject to significant distortions
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, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.
Pursuant to point (e) of Article 2(6a) of the basic Regulation, 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, including the selection of an appropriate representative third country where appropriate, that it intends to use for the purpose of determining normal value pursuant to Article 2(6a). Parties to the investigation will be given 10 days to comment on the note, in accordance with point (e) of Article 2(6a). According to the information available to the Commission, possible appropriate representative third countries are Turkey, Mexico and Argentina. With the aim of finally selecting the appropriate representative third country, the Commission will examine whether there is a third country(ies) with similar level of economic development as the PRC, whether there is production and sales of the product under investigation in those third countries, and whether relevant data are readily available. Where there is more than one representative third country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection.
In the context of this exercise, the Commission invites all exporting producers in the PRC to provide the information requested in Annex III to this Notice within 15 days of the date of publication of this Notice.
Furthermore, any submissions of factual information to value costs and prices pursuant to point (a) of Article 2(6a) of the basic Regulation must be filed within 65 days of the date of publication of this Notice. Such factual information should be taken exclusively from publicly available sources.
5.3.3. Investigating unrelated importers (8) (9)
Unrelated importers of the product under investigation from the PRC to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to provide the Commission with the information on their company(ies) requested in Annex II to this Notice within 7 days of the date of publication of this Notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation in the Union which can reasonably be investigated within the time available.
Once the Commission has received the necessary information to select a sample, it will inform the parties concerned of its decision on the sample of importers. The Commission will also add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.
In order to obtain information it deems necessary for its investigation, the Commission will make available questionnaires to the sampled unrelated importers. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the decision about the sample, unless otherwise specified.
A copy of the questionnaire for importers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2449.
5.4. Procedure for the determination of injury and investigating Union producers
A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is injured, Union producers of the product under investigation are invited to participate in the Commission investigation.
In view of the large number of Union producers concerned 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 comment on the provisional sample. In addition, other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample must contact the Commission within 7 days of the date of publication of this Notice. All comments regarding the provisional sample must be received within 7 days of the date of publication of this Notice, 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.
The sampled Union producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.
A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2449.
5.5. Procedure for the assessment of Union interest in case of allegations of raw material distortions
In cases of distortions on raw materials as identified in Article 7(2a) of the basic Regulation, the Commission will conduct a Union interest test as laid out in Article 7(2b) of that Regulation. If the Commission decides, when establishing the level of duties subject to Article 7 of that Regulation, to apply Article 7(2), it will carry out the Union-interest test in accordance with Article 21.
Interested parties are invited to provide all pertinent information enabling the Commission to determine whether it is in the Union interest to set the level of the measures in accordance with Article 7(2a) of the basic Regulation. In particular, interested parties are invited to provide any information about spare capacities in the country concerned, competition for raw materials and the effect on supply chains for companies in the Union. In the absence of cooperation, the Commission may conclude that it is in accordance with the Union interest to apply Article 7(2a) of the basic Regulation.
Should the Commission decide to apply Article 7(2) of the basic Regulation, a decision will be reached, pursuant to Article 21, as to whether the adoption of anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations are invited to provide the Commission with information on the Union interest. In order to participate in the investigation, representative consumer organisations have to demonstrate that there is an objective link between their activities and the product under investigation.
Information concerning the assessment of Union interest must be provided within 37 days of the date of publication of this Notice unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. A copy of the questionnaires, including the questionnaire for users of the product under investigation, is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2449. The information submitted will only be taken into account if supported by factual evidence at the time of submission.
5.6. Interested parties
In order to participate in the investigation interested parties, such as exporting producers, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations first have to demonstrate that there is an objective link between their activities and the product under investigation.
Exporting producers, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.3, 5.4 and 5.5 above will be considered as interested parties if there is an objective link between their activities and the product under investigation.
Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under investigation. Being considered as an interested party is without prejudice to the application of Article 18 of the basic Regulation.
Access to the file available for inspection for interested parties is made via Tron.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access.
5.7. Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission’s investigation services.
Any request to be heard must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.
The timeframe for hearings is as follows:
i. |
For any hearings to take place before the deadline for the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice and the hearing will normally take place within 60 days of the date of publication of this Notice. |
ii. |
After the stage of provisional findings, a request should be made within 5 days from the date of the disclosure of the provisional findings or of the information document, and the hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document. |
iii. |
At the stage of definitive findings, a request should be made within 3 days from the date of the final disclosure, and the hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure, and the hearing will normally take place within the deadline to provide comments on this disclosure. |
The outlined timeframe is without prejudice to the right of the Commission services to accept hearings outside the timeframe in duly justified cases and to the right of the Commission to deny hearings in duly justified cases. Where the Commission services refuse a hearing request, the party concerned will be informed of the reasons for such refusal.
In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.
5.8. 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 the Commission a) 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 ‘Sensitive’ (10). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.
Parties providing ‘Sensitive’ 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 should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.
If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.
Interested parties are invited to make all submissions and requests via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI) including scanned powers of attorney and certification sheets. By using TRON.tdi or 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 TRON.tdi or 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 via TRON.tdi and 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:
For dumping issues:
TRADE-AD664-ALUMINIUM-EXTRUSIONS-DUMPING@ec.europa.eu
For injury issues:
TRADE-AD664-ALUMINIUM-EXTRUSIONS-INJURY@ec.europa.eu
6. Schedule of the investigation
The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation within normally 13, but not more than 14 months of the date of the publication of this Notice. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed normally not later than 7 months, but in any event not later than 8 months from the publication of this Notice.
In accordance with Article 19a of the basic Regulation, the Commission will provide information on the planned imposition of provisional duties 3 weeks before the imposition of provisional measures. Interested parties will be given 3 working days to comment in writing on the accuracy of the calculations.
In cases where the Commission intends not to impose provisional duties but to continue the investigation, interested parties will be informed, by means of an information document, of the non-imposition of duties 3 weeks before the expiry of the deadline under Article 7(1) of the basic Regulation.
Interested parties will be given 15 days to comment in writing on the provisional findings or on the information document, and 10 days to comment in writing on the definitive findings, unless otherwise specified. Where applicable, additional final disclosures will specify the deadline for interested parties to comment in writing.
7. Submission of information
As a rule, interested parties may only submit information in the timeframes specified in sections 5 and 6 of this Notice. The submission of any other information not covered by those sections, should respect the following timetable:
i. |
Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified. |
ii. |
Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the disclosure of the provisional findings or the information document at the stage of provisional findings. After this deadline, interested parties may only submit new factual information if they can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner. |
iii. |
In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure. |
8. Possibility to comment on other parties’ submissions
In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties’ submissions and may not raise new issues.
Such comments should be made according to the following timeframe:
i. |
Any comment on information submitted by other interested parties before the deadline of imposition of provisional measures should be made at the latest on day 75 from the date of publication of this Notice, unless otherwise specified. |
ii. |
Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified. |
iii. |
Comments on the information provided by other interested parties in reaction to the final disclosure should be submitted within 3 days from the deadline to comment on the final disclosure, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this disclosure should be made within 1 day from the deadline to comment on this disclosure, unless otherwise specified. |
The outlined timeframe is without prejudice to the Commission’s right to request additional information from interested parties in duly justified cases.
9. Extension to time limits specified in this Notice
Extensions to time-limits provided for in this Notice may be granted upon request of interested parties showing due cause.
Any extension to the time-limits provided for in this Notice should only be requested in exceptional circumstances and will only be granted if duly justified. In any event, any extension to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days. Regarding time limits for the submission of other information specified in the Notice of Initiation, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.
10. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
11. Hearing Officer
Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.
The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services 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. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in the due course.
Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. In principle, the timeframes set out in section 5.7 to request hearings with the Commission services apply mutatis mutandis to requests for hearings with the Hearing Officer. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.
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/.
12. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (11).
A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG TRADE’s website: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/
(1) OJ L 176, 30.6.2016, p. 21.
(2) The general term ‘injury’ refers to material injury as well as to threat of material injury or material retardation of the establishment of an industry as set out in Article 3(1) of the basic Regulation.
(3) References to the publication of this Notice mean publication of this Notice in the Official Journal of the European Union.
(4) http://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf Documents cited in the Commission report may also be obtained upon a duly reasoned request.
(5) Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union, OJ L 143, 7.6.2018, p. 1.
(6) An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via a third party, including any of its related companies involved in the production, domestic sales or exports of the product under investigation.
(7) Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.
(8) This section covers only importers not related to exporting producers. Importers that are not related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).
(9) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.
(10) A ‘Sensitive’ 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).
(11) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
ANNEX I
☐ |
‘Sensitive’ version |
☐ |
Version ‘For inspection by interested parties’ |
(tick the appropriate box) |
ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF ALUMINIUM EXTRUSIONS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA
INFORMATION FOR THE SELECTION OF THE SAMPLE OF EXPORTING PRODUCERS IN THE PEOPLE’S REPUBLIC OF CHINA
This form is designed to assist exporting producers in the People’s Republic of China in responding to the request for sampling information made in point 5.3.1.1 of the notice of initiation.
Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ must 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
Indicate the turnover in the accounting currency of the company during the investigation period 1 January 2019 to 31 December 2019 (export sales to the Union for each of the 28 Member States (1) separately and in total and domestic sales) of aluminium extrusions as defined in the notice of initiation and the corresponding weight. State the unit of weight and the currency used.
|
Tonnes |
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 investigation, manufactured by your company |
Total: |
|
|
Name each Member State (2): |
|
|
|
Domestic sales of the product under investigation, manufactured by your company |
|
|
Indicate which of the following product categories your company produces and sells to the European Union. In addition, please provide indicative estimates of the proportion of total production each product category represents.
|
Does your company produce? (Y/N) |
Proportion of total production (in %) |
Does your company sell to the European Union? (Y/N) |
Solid profiles |
|
|
|
Hollow profiles |
|
|
|
Bars and rods |
|
|
|
Tubes and pipes |
|
|
|
3. ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (3)
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 investigation. Such activities could include but are not limited to purchasing the product under investigation or producing it under sub-contracting arrangements, or processing or trading the product under investigation.
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. INDIVIDUAL DUMPING MARGIN
The company declares that, in the event that it is not selected to be in the sample, it would like to receive a questionnaire and other claim forms in order to fill these in and thus claim an individual dumping margin in accordance with section 5.3.1.1.(b) of the notice of initiation.
☐ Yes |
☐ No |
6. 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 2019, the 28 Member States of the European Union were: 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.
(2) Add additional rows where necessary.
(3) 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).
ANNEX II
☐ |
‘Sensitive’ version |
☐ |
Version ‘For inspection by interested parties’ |
(tick the appropriate box) |
ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF ALUMINIUM EXTRUSIONS 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 5.3.3 of the notice of initiation.
Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ must 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
Indicate the total turnover in euros (EUR) of the company, and the turnover and weight for imports into the Union and resales on the Union market after importation from the People’s Republic of China, during the investigation period 1 January 2019 to 31 December 2019 of aluminium extrusions as defined in the notice of initiation and the corresponding weight. State the unit of weight used.
|
Tonnes |
Value in euros (EUR) |
Total turnover of your company in euros (EUR) |
|
|
Imports of the product under investigation into the Union |
|
|
Resales on the Union market after importation from the People’s Republic of China of the product under investigation |
|
|
Indicate which of the following product categories your company imports into the Union from the People’s Republic of China:
|
Imports in the Union (Y/N) |
Solid profiles |
|
Hollow profiles |
|
Bars and rods |
|
Tubes and pipes |
|
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 investigation. Such activities could include but are not limited to purchasing the product under investigation or producing it under sub-contracting arrangements, or processing or trading the product under investigation.
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 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).
ANNEX III
☐ |
‘Sensitive’ version |
☐ |
Version ‘For inspection by interested parties’ |
(tick the appropriate box) |
ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF ALUMINIUM EXTRUSIONS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA
INFORMATION REQUEST REGARDING THE INPUTS USED BY THE 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 5.3.2 of the notice of initiation.
Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ must be returned to the Commission as set out in the notice of initiation.
The requested information must be sent back to the Commission at the address specified in the notice of initiation within 10 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 of the product under investigation.
Please list all materials (raw and processed) and energy used in the production of the product under investigation as well as all by-products and waste that are sold or (re)introduced in the production process of the product under investigation. Where appropriate, provide the corresponding Harmonised System (HS) classification code (1) for each of the items inserted in the two tables. Please fill in a separate Annex for each of the related companies that produce the product under investigation in case the production process differs. Related companies that are involved in the manufacturing of upstream inputs used in the production of the product under investigation shall also fill in a separate Annex and identify the supplied input(s).
Raw Materials/energy |
HS Code |
|
|
|
|
|
|
(Add additional rows where necessary) |
|
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:
(1) The Harmonized Commodity Description and Coding System generally referred to as ‘Harmonized System’ or simply ‘HS’ is a multipurpose international product nomenclature developed by the World Customs Organization (WCO).
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/43 |
Prior notification of a concentration
(Case M.9647 – GHT Mobility/Stadtwerke Düsseldorf/Clevershuttle Düsseldorf)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 51/13)
1.
On 7 February 2020, 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:
— |
GHT Mobility GmbH (‘GHT’, Germany), controlled by Deutsche Bahn AG |
— |
Stadtwerke Düsseldorf AG (‘SWD’, Germany), controlled by EnBW Baden-Württemberg AG |
SWD and GHT acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of CleverShuttle Düsseldorf GmbH (‘CS Düsseldorf’). CS Düsseldorf provides ride pooling services in the city of Düsseldorf and is currently solely controlled by GHT.
The concentration is accomplished by way of purchase of shares.
2.
The business activities of the undertakings concerned are:
— |
for GHT: development, marketing and implementation of IT-optimised mobility concepts including IT-optimised passenger transport services with rental cars. Controlled by Deutsche Bahn AG, a provider of railway infrastructure in Germany, passenger transport in the EU and freight forwarding and logistics worldwide. |
— |
for SWD: supply of electricity, gas, water and district heating, waste management, natural gas vehicles, electro mobility, energy-related services and public lighting in the area of Düsseldorf. Controlled by EnBW Energie Baden-Württemberg AG, which is active in generation and wholesale of electricity and provision of energy supply services in the EEA. |
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.9647 – GHT Mobility/Stadtwerke Düsseldorf/Clevershuttle Düsseldorf
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’).
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/45 |
Prior notification of a concentration
(Case M.9700 — Dnata/Alpha LSG)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 51/14)
1.
On 7 February 2020, 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:
— |
Dnata (United Arab Emirates), ultimately controlled by the Government of Dubai (United Arab Emirates), |
— |
Alpha LSG Limited (‘Alpha LSG’, United Kingdom). |
Dnata acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Alpha LSG.
The concentration is accomplished by way of purchase of shares.
2.
The business activities of the undertakings concerned are:
— |
for Dnata: provision of airline services, including in-flight catering, passenger handling, cargo handling, maintenance and other technical services for airlines in a number of countries worldwide. Dnata is controlled by the Government of Dubai, which also controls Emirates Airlines, |
— |
for Alpha LSG: in-flight catering services in the United Kingdom. |
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.9700 — Dnata/Alpha LSG
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’).
OTHER ACTS
European Commission
14.2.2020 |
EN |
Official Journal of the European Union |
C 51/46 |
Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector
(2020/C 51/15)
This publication confers the right to oppose the application pursuant to Article 98 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (1) within two months from the date of this publication.
SINGLE DOCUMENT
‘Adamclisi’
PDO-RO-N0037
Date of application: 30 March 2016
1. Name to be registered
Adamclisi
2. Geographical indication type
PDO - Protected Designation of Origin
3. Categories of grapevine products
1. |
Wine |
4. Description of the wine(s)
Analytical and organoleptic characteristics of the white/rosé wines
The white wines are balanced, with good acidity, an intense aromatic profile and a complex floral bouquet; the colours are from a light yellow to the hint of ripe wheat straw and yellow-green.
The aromas span a broad range of tropical fruits, with citrus predominating, in particular blood oranges, combined with intense aromas of banana and pineapple and aromas of gooseberry, grapefruit and elderflowers.
The rosé wines, presented in different notes of pink, from a light one to an intense one have very good tartaric acidity, which gives them a special freshness and brings out their specific aromas. The rich anthocyanin accumulation produces rosé wines with hints of rose.
In terms of taste, the rosé wines have the flavour of cherries and blood oranges, with intense tones of white currant. The very light mineral notes – influenced by the soils in which the grapes are grown – are almost completely masked by the dominance of the fruit aromas and their pleasantly lively acidity.
General analytical characteristics |
|
Maximum total alcoholic strength (in % volume) |
15 |
Minimum actual alcoholic strength (in % volume) |
11,5 |
Minimum total acidity |
4,5 in grams per litre expressed as tartaric acid |
Maximum volatile acidity (in milliequivalents per litre) |
18 |
Maximum total sulphur dioxide (in milligrams per litre) |
200 |
Analytical and organoleptic characteristics of the red wines
The red wines are characterised by a strong colour intensity, with a deep red colour when the wine is young to the ruby-red during the short aging period, and the accumulation of sugars, anthocyanins and polyphenols creating a complex of factors conducive to yielding extracted wines.
The red wines have forest fruit aromas, notably of overripe blueberries, almonds and bitter black cherries, combined with spices such as peppercorns and green pepper, slightly smoked prunes with a bouquet of freshly mown hay and pronounced blackcurrant, against a background of velvety tannins.
General analytical characteristics |
|
Maximum total alcoholic strength (in % volume) |
15 |
Minimum actual alcoholic strength (in % volume) |
11,5 |
Minimum total acidity |
4,5 in grams per litre expressed as tartaric acid |
Maximum volatile acidity (in milliequivalents per litre) |
20 |
Maximum total sulphur dioxide (in milligrams per litre) |
150 |
5. Wine making practices
a. Essential oenological practices
Relevant restriction on making the wines
Use of the following wine making processes is prohibited:
— |
application of heat treatment to the must and pomace mix in the production of red wines; |
— |
concentration through cooling; |
— |
de-alcoholisation; |
— |
elimination of sulphur dioxide by physical processes; |
— |
use of cation exchangers. |
b. Maximum yields
For white, rosé and red wines produced from grapes harvested at full maturity:
7 000 kilograms of grapes per hectare
For rosé and red wines:
68 hectolitres per hectare
For white wines:
70 hectolitres per hectare
6. Demarcated geographical area
The area demarcated for the production of wines with the ‘Adamclisi’ controlled designation of origin comprises the following localities in Constanța County:
— |
municipality of Adamclisi: |
— |
village of Adamclisi; |
— |
village of Abrud; |
— |
village of Hațeg; |
— |
village of Urluia; |
— |
village of Zorile. |
7. Main wine grapes variety(ies)
Pinot Noir N - Blauer Spätburgunder, Burgund mic, Burgunder roter, Klävner Morillon Noir
Chardonnay B - Gentil blanc, Pinot blanc Chardonnay
Fetească neagră N - Schwarze Mädchentraube, Poama fetei neagră, Păsărească neagră, Coada rândunicii
Cabernet Sauvignon N - Petit Vidure, Bourdeos tinto
Sauvignon B - Sauvignon verde
Syrah N - Shiraz, Petit Syrah
8. Description of the link(s)
Link with the geographical area - Details of the area
The demarcation of the area is not based on the estate, which belongs to a single producer, but on the soil and climate conditions in Adamclisi, which are different from those in the neighbouring controlled-designation-of-origin areas of Murfatlar and Oltina.
The Adamclisi area is a long-standing historically documented wine-growing area in the Dobrogea region of Romania.
Adamclisi is situated on the highest plateau of south-western Dobrogea, close to the areas of Oltina and Murfatlar. This location, combined with the fact that the soil here is chernozemic – compared to the predominantly loessial soil of the neighbouring areas – is what makes Adamclisi’s red wines medium-bodied with various bold primary aromas (fruitiness), such as smoked dried fruit and forest fruits, while the white wines have pronounced mineral notes, thanks to the rendzina and chernozemic regosol soils.
Link with the geographical area - Causal interaction
The Adamclisi plateau, which is predominantly chernozemic with limestone deposits up to 0.8 m deep and rich in iron and magnesium, and the sunshine of more than 1 800 hours a year produce white wines that are fruity, yet floral and full-bodied, and red wines, in particular the Murfatlar PDO wines, that have velvety soft tannins that temper the harshness specific to the variety.
Soil and agrochemical studies carried out by the Murfatlar Research and Development Station for Wine-Growing and Wine-Making found a considerable area given over to vines in Adamclisi over the period 1975-1980. This area was cleared many years later (2000-2001) and subsequently re-planted with noble varieties. The areas concerned are distinct from the neighbouring Murfatlar and Oltina PDO areas, with sometimes considerable differences in terms of the environmental conditions.
Unlike the Murfatlar and Oltina areas, the Adamclisi area’s vicinity to adjacent forests favours a better distribution of beneficial rain during the vegetation period for all varieties.
Compared to the neighbouring area of Oltina, situated on the banks of the Danube, mist is much less frequent in Adamclisi, which is why, benefiting from the good level of sunshine, growth and full maturity occur at a much earlier stage and the grapes accumulate more polyphenols and anthocyanin than in the neighbouring areas. Therefore, the wines become rounder and velvety, with forest fruit and spicy aromas (red wines) or fresh and unctuous, with an aroma of tropical fruit and honeycomb (white wines).
The characteristics of the white and red wines are determined by factors such as the number of sunny days in the year (an average of 300 days/year), the chernozem soil with carbonates on the surface, enriched with nutritious elements vital for vines, and the Adamclisi area’s location on the south-west Dobrogea continental plateau, at an optimum distance from both the Black Sea and the Danube, which tempers the heatwaves and makes the maximum summer daytime temperature optimal for the accumulation of sugars; dewy nights are virtually non-existent due to the wind present in the area.
The soil, rich in ferric salts formed on limestone and calcareous sandstone in reddish brown soils, makes for excellent anthocyanin accumulation, which is reflected in the intense colour of the red wines and their light mineral taste, contributing to their long generous finish.
Link with the geographical area - Details of human factors
The quality of wine is ensured by professionals possessing skills to obtain wines that preserve the tradition, while using innovative technologies in vineyards and wine production.
In majority of the plantations (mostly the location of the vineyards being on moderate and hilly terraces), the producers maintain the vineyards by cane and spur pruning. Such pruning in combination with soil rich in humus and mineral content ensures the production of typical wines from PDO Adamclisi area.
Production of wines is permitted as from the third year of grape production, in order to ensure the preservation of the PDO Adamclisi specificity, resulting in wines with very good accumulation of sugars, anthocyanin and polyphenols and with constant alcoholic strength over 12.5% - 13% vol.
The type of soil (loess deposits, carbonate favourable especially for red wines) has allowed over time a specific maintenance of the vineyards, adding to it in recent years the use of certified planting material, adaptable to the pedo-climatic conditions in the Adamclisi area, i.e. grafts of highly productive clones and rootstocks with high potential for resistance to hot, dry summers and harsh winters with strong winds.
Link with the geographical area - Product details
The climate and soils specific to Adamclisi give the wines produced in the area a particular character that is different to those grown in the neighbouring areas.
The white wines have colours ranging from that of ripe wheat to yellow, with greenish iridescence and intense aromas ranging from lemon and vine flowers to pineapple and bananas, characteristics determined by the constant level of sunshine in the area.
The red and rosé wines are pale pink to ruby red or violet red, with a balance between tartaric acid and alcohol content, specific aromas of lightly-smoked plums, black forest fruits, and the aromas and flavour of green pepper and peppercorns, combined with strong aromas of roasted almond and bitter black forest cherries. The red wines have good anthocyanin accumulation.
The white and rosé wines have a balanced structure and good acidity, with good accumulations of sugars and polyphenols right from the start of ripening. The vineyards’ south-east exposure, with a large number of sunny days and balanced rainfall, combined with soils with a medium / high humus and nutrient content makes for excellent grape ripening. The accumulations of anthocyanin, polyphenols and sugars give the wines balance and complex aromas, which is also helped by the fact that instead of de-leafing, there is only a light tipping carried out on the vines in July-August, giving them a richly productive vegetative mass that also preserves the aromatic potential.
9. Essential further conditions
None
Link to the product specification
http://onvpv.ro/sites/default/files/caiet_sarcini_doc_adamclisi_modif_cf_notif_comisiei_europene_din_20.05.2019_no_track_changes.pdf