Non-opposition to a notified concentration

(Case M.10061 — Coca Cola Hellenic Bottling Company/Heineken/Stockday)

(Text with EEA relevance)

(2021/C 251/01)

On 30 March 2021, 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. 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 32021M10061. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Non-opposition to a notified concentration

(Case M.10246 — Hellman & Friedman/Cordis)

(Text with EEA relevance)

(2021/C 251/02)

On 31 May 2021, 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 32021M10246. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

Euro exchange rates (1)

25 June 2021

(2021/C 251/03)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1950
JPY	Japanese yen	132,27
DKK	Danish krone	7,4363
GBP	Pound sterling	0,85950
SEK	Swedish krona	10,1103
CHF	Swiss franc	1,0956
ISK	Iceland króna	147,10
NOK	Norwegian krone	10,1360
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,487
HUF	Hungarian forint	351,88
PLN	Polish zloty	4,5132
RON	Romanian leu	4,9263
TRY	Turkish lira	10,3887
AUD	Australian dollar	1,5726
CAD	Canadian dollar	1,4696
HKD	Hong Kong dollar	9,2751
NZD	New Zealand dollar	1,6881
SGD	Singapore dollar	1,6035
KRW	South Korean won	1 346,35
ZAR	South African rand	16,8359
CNY	Chinese yuan renminbi	7,7139
HRK	Croatian kuna	7,4975
IDR	Indonesian rupiah	17 245,40
MYR	Malaysian ringgit	4,9664
PHP	Philippine peso	57,960
RUB	Russian rouble	86,1880
THB	Thai baht	38,013
BRL	Brazilian real	5,8635
MXN	Mexican peso	23,6766
INR	Indian rupee	88,6824

---

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

ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS

AVERAGE COSTS OF BENEFITS IN KIND

(2021/C 251/04)

AVERAGE COSTS OF BENEFITS IN KIND – 2018

Application of Article 64 of Regulation (EC) No 987/2009 (1)

I.

The amounts to be refunded with regard to the benefits in kind provided in 2018 to family members who do not reside in the same State as the insured person, as referred to in Article 17 of Regulation (EC) No 883/2004 (2), will be determined on the basis of the following average costs:   Age group Annual Net monthly x=0,20 Ireland under 20 years EUR 1 867,35 EUR 124,49 20 - 64 years EUR 2 937,04 EUR 195,80 65 years and over EUR 9 180,80 EUR 612,05 Portugal under 20 years EUR 902,55 EUR 60,17 20 - 64 years EUR 782,65 EUR 52,18 65 years and over EUR 1 757,88 EUR 117,19 United Kingdom under 20 years GBP 852,72 GBP 56,85 20 - 64 years GBP 1 906,10 GBP 127,07 65 years and over GBP 5 458,43 GBP 363,90 Norway under 20 years NOK 21 482,74 NOK 1 432,18 20 - 64 years NOK 39 227,30 NOK 2 615,15 65 years and over NOK 127 067,89 NOK 8 471,19

II.

The amounts to be refunded with regard to benefits in kind provided in 2018 to pensioners and members of their family, as provided for in Article 24(1) and Articles 25 and 26 of Regulation (EC) No 883/2004, will be determined on the basis of the following average costs:   Age group Annual Net monthly x=0,20 Net monthly x=0,15 (3) Ireland under 20 years EUR 1 867,35 EUR 124,49 EUR 132,27 20 – 64 years EUR 2 937,04 EUR 195,80 EUR 208,04 65 years and over EUR 9 180,80 EUR 612,05 EUR 650,31 Portugal under 20 years EUR 902,55 EUR 60,17 EUR 63,93 20 – 64 years EUR 782,65 EUR 52,18 EUR 55,44 65 years and over EUR 1 757,88 EUR 117,19 EUR 124,52 United Kingdom under 20 years GBP 852,72 GBP 56,85 GBP 60,40 20 – 64 years GBP 1 906,10 GBP 127,07 GBP 135,02 65 years and over GBP 5 458,43 GBP 363,90 GBP 386,64 Norway under 20 years NOK 21 482,74 NOK 1 432,18 NOK 1 521,69 20 – 64 years NOK 39 227,30 NOK 2 615,15 NOK 2 778,60 65 years and over NOK 127 067,89 NOK 8 471,19 NOK 9 000,64

---

(1)  OJ L 284, 30.10.2009, p. 1.

(2)  OJ L 166, 30.4.2004, p. 1.

(3)  The reduction applied to the monthly fixed amount ‘shall be equal to 15 % (X = 0,15) for pensioners and members of their family where the competent Member State is not listed in Annex IV of the basic Regulation’ (Article 64(3) of Regulation (EC) No 987/2009).

Special report No 11/2021

Exceptional support for EU milk producers in 2014–2016 Potential to improve future efficiency

(2021/C 251/05)

The European Court of Auditors hereby informs you that special report No 11/2021 ‘Exceptional support for EU milk producers in 2014–2016. Potential to improve future efficiency’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu

Summary of the Opinion of the European Data Protection Supervisor on the Recommendation for a Council decision authorising the opening of negotiations for a cooperation agreement between the EU and Interpol

(The full text of this Opinion can be found in English, French and German on the EDPS website www.edps.europa.eu)

(2021/C 251/06)

On 14 April 2021, the Commission adopted a Recommendation for a Council Decision authorising the opening of negotiations for a cooperation agreement between the EU and the International Criminal Police Organization (Interpol).

Despite existing cooperation with Interpol, the Commission identified areas where cooperation could and should be stepped up, or even set up in new areas, to address a series of indispensable operational needs and to implement existing legal acts, with the aim of better supporting Member States in preventing and combating terrorism and organised crime. These operational needs require concluding a cooperation agreement with Interpol.

The EDPS wishes to highlight that the objective of supporting the (current and future) cooperation between the EU and Interpol across a wide range of activities in a single legal instrument renders the envisaged agreement highly heterogeneous in nature. He therefore underlines the need for an in-depth impact assessment and that the approach should not lead to a weakening of the fundamental rights and freedoms of natural persons, in particular of their rights to data protection and to privacy.

The EU data protection law regime provides, in principle, that data transfers to an international organisation can take place without additional requirements only when that international organisation ensures an adequate level of protection. When the international organisation has not been declared as adequate, exceptions apply for specific transfers, as long as appropriate safeguards are adduced. Therefore, the EDPS also makes three main recommendations to ensure that the envisaged agreement is capable of adducing appropriate safeguards:

—

It should be made clear in the negotiating directives that it is necessary to ensure that the envisaged agreement generally complies with the Charter, with the relevant horizontal data protection legislation (Regulation (EU) 2018/1725, Regulation (EU) 2016/679 and Directive (EU) 2016/680 and with the specific data protection requirements and safeguards in the basic acts establishing the EU agencies or IT systems.

—	The future agreement should explicitly clarify that there will be no reciprocal direct or indirect access by Interpol to the EU databases.

—	In the context of onward transfers, it should be explicitly laid down that personal data transferred by the EU to Interpol will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment.

Finally, the EDPS recommends that the citations in the preamble of the Recommendation not only refer to the appropriate procedural legal basis but also to the relevant substantive legal basis, among which Article 16 TFEU considering the subject matter of the future agreement.

The EDPS also remains available to provide further advice during the negotiations and the formal consultation which has to take place on the proposal to Council for the signature and conclusion of the agreement pursuant to Article 218 TFEU, as per Article 42(1) Regulation (EU) 2018/1725.

1.   INTRODUCTION AND BACKGROUND

1.

The International Criminal Police Organisation (Interpol) (1) is the largest global criminal police inter-governmental organisation, with 194 member countries. The EU and Interpol already have long-standing and deep cooperation in a range of law enforcement-related areas. Interpol is a key partner for the EU in the field of internal and external security, including countering terrorism and organised crime, as well as in integrated border management.

2.

The 2020 EU Security Union strategy (2) calls on the Member States to step up cooperation between the EU and Interpol, as essential to enhance cooperation and information exchange. The strategy recognises that Interpol has an important role to play in this respect. In addition to the existing cooperation with Interpol, areas where cooperation could be stepped up or even set up to address a series of operational needs, and to implement existing legal acts, have been identified, with the aim of better supporting Member States in preventing and combating terrorism and organised crime.

3.

Therefore, on 14 April 2021, the Commission adopted a Recommendation for a Council Decision authorising the opening of negotiations for a cooperation agreement between the EU and Interpol (3) (hereinafter, the ‘Recommendation’).

4.

According to the explanatory memorandum (4), the envisaged EU-Interpol cooperation agreement would pursue the following aims: — Regulate cooperation between European Union Agency for Law Enforcement Cooperation (Europol) (5) and Interpol, taking into account the latest developments in combating terrorism, cross-border and transnational serious, organised crime, the current operational needs, Europol’s mandate, and the EU’s latest data protection regime. — Provide the safeguards and guarantees needed to give controlled access to Interpol’s Stolen and Lost Travel Document (SLTD) and Travel Document Associated With Notices (TDAWN) databases via the European Search Portal (ESP), by EU Member States and EU agencies, as necessary to carry out their tasks, in line with their access rights, with EU or national law covering such access and in full compliance with EU data protection requirements and with fundamental rights (6). — Provide the necessary safeguards and guarantees to enable EU Member States and Frontex (7) (its European Travel Information and Authorisation System Central Unit (‛ETIAS’)) to access Interpol databases via the ESP in compliance with EU data protection requirements and with fundamental rights. — Provide the necessary safeguards and guarantees to implement a revised Visa Information System Regulation (8) enabling EU Member States to access SLTD and TDAWN databases through the ESP when examining applications for visas or residence permits, in full compliance with EU data protection requirements and with fundamental rights. — Set up and regulate cooperation between the European Public Prosecutor’s Office (‘the EPPO’), as established by Regulation (EU) 2017/1939 (‘the EPPO Regulation’) (9) and Interpol, in line with their mandates, and in full compliance with EU data protection requirements and with fundamental rights. — Provide the legal basis to authorise Europol, Frontex category 1 staff (statutory staff of the standing corps (10)) and EPPO to access relevant Interpol databases to carry out their tasks, in full compliance with EU data protection requirements and with fundamental rights. — Provide the legal basis to authorise Eurojust (11) and EPPO to exchange operational information with Interpol, in full compliance with EU data protection requirements and with fundamental rights.

5.

Pursuant to Article 42(1) of Regulation (EU) 2018/1725, the Commission has to consult the EDPS following the adoption of a recommendation to the Council pursuant to Article 218 TFEU, where there is an impact on the protection of individuals’ rights and freedoms with regard to the processing of personal data. The EDPS was also consulted informally during the process of preparation of the recommendation, and communicated his informal comments in August 2020. He welcomes the fact that his views have been sought (and implemented to some extent) at an early stage of the procedure and encourages the Commission to continue with this good practice.

6.

The EDPS was formally consulted by the Commission on 14 April 2021 and expects that a reference to this Opinion will be included in the preamble of the Council Decision. The present Opinion is without prejudice to any future additional comments or recommendations by the EDPS, in particular if further issues are identified or new information becomes available and of the formal consultation which has to take place on the proposals to Council for the signature and conclusion of the agreement pursuant to Article 218 TFEU, as per Article 42(1) Regulation (EU) 2018/1725. In this regard, the EDPS welcomes Recital 19 of the Recommendation according to which the Commission should consult him during the negotiation of the agreement or, in any event, before the agreement is concluded. Furthermore, this Opinion is without prejudice to any future action that may be taken by the EDPS in the exercise of his powers pursuant to Article 58 of Regulation (EU) 2018/1725.

5.   CONCLUSIONS

43.

The EDPS welcomes that the agreement should fully respect the fundamental rights and observe the principles recognised by the Charter, in particular the right to a private and family life, enshrined in Article 7 of the Charter, the right to the protection of personal data, enshrined in Article 8 of the Charter and the right to effective remedy and fair trial enshrined by Article 47 of the Charter.

44.

However, it should be made clear in the mandate that the agreement should include the following three levels of compliance: — generally with the Charter; — with the relevant horizontal data protection legislation: Regulation (EU) 2018/1725, Directive (EU) 2016/680 and Regulation (EU) 2016/679; — with the specific data protection requirements and safeguards in the basic acts establishing the EU agencies or IT systems.

45.

Also, the objective of underpinning a significant amount of the (current and future) cooperation between the EU and Interpol in a single legal instrument renders the envisaged agreement highly heterogeneous in nature, encompassing a wide range of activities. The EDPS therefore underlines the need for an in-depth impact assessment and that the approach should not lead to a weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy.

46.

In the absence of an adequacy decision concerning Interpol, the envisaged agreement could be a legal basis allowing the transfer of personal data to Interpol provided that it would be legally binding and enforceable against all parties to the agreement and that it would include appropriate data protection safeguards.

47.

The EDPS considers that adducing appropriate safeguards implies that the international agreement concluded with Interpol should: — ensure safeguards introduced in existing EU legislation with regard to the transfer by the concerned EU agencies and bodies and the onward transfers of personal data are respected, including the specific provisions relating to the transfers of operational data by Europol and EPPO. In particular, in the context of onward transfers, it should be explicitly laid down that personal data transferred by the EU to Interpol will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment; — explicitly clarify that there will be no reciprocal direct or indirect access by Interpol to the EU databases; — spell out when and under what circumstances automated individual decisions are allowed (or not); — contain more details on the obligation of Interpol to notify in the event of a personal data breach; — contain more operational details on technical and organisational measures for the security of personal data should be provided.

48.

Also, the EDPS recommends specifying in the mandate the possibility to suspend or terminate the agreement in cases of breaches of its provisions on personal data by one of the parties and that personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement.

49.

Finally, the EDPS recommends that the citations in the preamble of the Recommendation not only refer to the appropriate procedural legal basis but also to the relevant substantive legal basis, among which Article 16 TFEU.

---

(1)  Constitution of the ICPO-Interpol [I/CONS/GA/1956 (2017)].

(2)  Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and social Committee and the Committee of the Regions on the EU Security Union Strategy, Brussels, 24 July 2020, COM(2020) 605 final.

(3)  COM(2021)177 final.

(4)  Page 8.

(5)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53) (‘the Europol Regulation’). According to the explanatory memorandum, there is already a cooperation agreement with Interpol that provides for the exchange of personal data, concluded in 2001, well before the Europol Regulation. However, this agreement does not give direct or indirect access by Europol to information and Interpol’s databases, in particular its Notices containing information on terrorists. In addition, the Agency only exchanges information with Interpol and accesses Interpol’s databases for the performance of the Agency’s tasks through Interpol’s Liaison Officer at Europol or the Agency’s Liaison Officer at Interpol. The agreement was supplemented later by several cooperation-related documents agreed or concluded between the organisations, for instance on cooperation through Liaison Officers and the establishment, implementation and operation of a secure communication line for the exchange of information.

(6)  Following the adoption of regulations on interoperability between EU information systems in the fields of borders and visa i.e. Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27) and Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).

(7)  Frontex refers to the European Border and Coast Guard Agency. Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1) (‘the Frontex Regulation ’).

(8)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60); proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA (COM/2018/302 final) and see political agreement: https://data.consilium.europa.eu/doc/document/ST-5537-2021-INIT/en/pdf

(9)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1) (‘the EPPO Regulation’).

(10)  According to Article 54 of the Frontex Regulation, the European Border and Coast Guard standing corps must be composed of four categories of operational staff. Category 1 includes statutory staff deployed as members of the teams in operational areas in accordance with Article 55 of this Regulation. The Agency must contribute members of its statutory staff (category 1) to the standing corps to be deployed in operational areas as members of the teams with the tasks and powers provided for in Article 82 of this Regulation. Their tasks include countering cross-border crime and terrorism.

(11)  Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138) (‘the Eurojust Regulation’).

List of competent authorities of the Member States in accordance with Article 7(e) of Council Regulation (EC) No 2271/96 on protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (1)

(2021/C 251/07)

Member State	Competent authorities
BELGIUM	Federal Public Service Finance Treasury Avenue des Arts 30 / Kunstlaan 30 1040 Bruxelles/Brussel BELGIQUE/BELGIË Fax +32 25795838 Website: https://finances.belgium.be/fr/tresorerie/sanctions-financieres/blocking-statute Email: Quesfinvragen.tf@minfin.fed.be Federal Public Service Economy, SMEs, Self-Employed & Energy Directorate General of Economic Analysis and International Economics Licensing Department Rue du Progrès 50 / Vooruitgangstraat 50 1210 Bruxelles/Brussel BELGIQUE/BELGIË Tel. 0800 12033 Fax 0800 12057 Website: https://economie.fgov.be/fr/themes/politique-commerciale/licences/mesures-restrictives Email: info.eco@economie.fgov.be
BULGARIA	Various Ministries Point of Contact: Ministry of Foreign Affairs 2 Alexander Zhendov Str. Sofia 1113 BULGARIA Website: www.mfa.bg Email: cfsp@mfa.bg (EU CFSP Directorate at the MFA)
CZECHIA	Ministry of Industry and Trade Na Františku 32 110 15 Prague 1 CZECH REPUBLIC Website: https://www.mpo.cz/ Email: investment@mpo.cz
DENMARK	Danish Business Authority Dahlerups Pakhus Langelinie Allé 17 DK-2100 København Ø DENMARK Website: https://danishbusinessauthority.dk/ Email: eksportkontrol@erst.dk
GERMANY	Implementation of the Blocking Statute: Federal Ministry for Economic Affairs and Energy Bundesministerium für Wirtschaft und Energie Kontaktstelle Iran Scharnhorststraße 34-37 10115 Berlin GERMANY Website: www.bmwi.de Email: buero-vb2@bmwi.bund.de Contact point Iran: KONTAKTSTELLE-IRAN@bmwi.bund.de Prosecution and sanctioning: Federal Ministry of Finance www.bundesfinanzministerium.de Main customs Offices www.zoll.de
ESTONIA	Competent authority for financial sanctions: Financial Intelligence Unit Tööstuse 52 10416 Tallinn ESTONIA Website: https://fiu.ee/en Email: rahapesu@fiu.ee Competent authorities for other types of sanctions: https://vm.ee/et/estonian-competent-authorities-implementation-eu-restrictive-measures
IRELAND	Trade Licensing and Control Unit Department of Enterprise, Trade and Employment 1 Earlsfort Centre Lower Hatch Street Dublin 2, D02 PW01 IRELAND Tel. +353 16312121 Website: https://enterprise.gov.ie/en/What-We-Do/Trade-Investment/Export-Licences/Exporter-Notifications/Exporter-Notifications.html#USSanctions Email: exportcontrol@enterprise.gov.ie
GREECE	Ministry of Foreign Affairs, General Directorate of International, Economic and Trade Policy, Directorate of International Trade Policy 1, Kornarou str, Syntagma, Athens GREECE Website: https://www.mfa.gr/ Email: elb@mfa.gr
SPAIN	Ministry of Industry, Commerce and Tourism Secretariat of State for Commerce Director General for Trade Policy and Competitiveness Paseo de la Castellana 162, 7th floor 28046 Madrid SPAIN Website: www.comercio.gob.es/ Email: secretariadgpolcom@mincotur.es
FRANCE	Ministère de l’Économie et des Finances Direction générale du Trésor 139, rue de Bercy 75012 Paris FRANCE Website: https://www.tresor.economie.gouv.fr/services-aux-entreprises/sanctions-economiques Email: sanctions-gel-avoirs@dgtresor.gouv.fr
CROATIA	Ministry of Foreign and European Affairs of the Republic of Croatia Trg N.Š. Zrinskog 7-8 10000 Zagreb CROATIA Website: http://www.mvep.hr/en
ITALY	Ministero degli Affari Esteri e della Cooperazione Internazionale (Ministry of Foreign Affairs and International Cooperation) Direzione Generale per la Mondializzazione e le Questioni Globali (DG for Global Affairs) Ufficio I – Cooperazione finanziaria internazionale e politiche globali per la stabilità e la crescita (International financial cooperation and global policies for stability and growth - Sanctions Unit) Piazzale della Farnesina 1 00135 Rome ITALY Website: https://www.esteri.it/mae/it/politica_estera/politica_europea/misure_deroghe/ Email: dgmo-01@esteri.it
CYPRUS	Various Ministries For more information, please visit: http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa35_en/mfa35_en?OpenDocument
LATVIA	Ministry of Finance of the Republic of Latvia Smilšu iela 1 Rīga, LV-1050 LATVIA Website: https://www.fm.gov.lv Email: eslietas@fm.gov.lv
LITHUANIA	Ministry of Foreign Affairs of the Republic of Lithuania J.Tumo-Vaižganto Str. 2 LT-01511 Vilnius LITHUANIA Website: www.urm.lt/sanctions Email: urm@urm.lt
LUXEMBOURG	Ministry of Foreign Affairs, Directorate of European affairs and international economic relations 9, rue du Palais de Justice L-1841 Luxembourg LUXEMBOURG Website: https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/mesures-restrictives.html Email: sanctions@mae.etat.lu Ministry of Finance 3, rue de la Congrégation L-1352 Luxembourg LUXEMBOURG Email: sanctions@fi.etat.lu
HUNGARY	Various Ministries For more information: https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA	Ministry for Foreign and European Affairs Sanctions Monitoring Board Palazzo Parisio Merchants Street Valletta MALTA Website: https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx Email: sanctions.mfea@gov.mt
NETHERLANDS	Minister for Foreign Trade and Development Cooperation International Trade Policy and Economic Governance Department Postbus 20061 2500 EB Den Haag THE NETHERLANDS Website: https://www.rijksoverheid.nl/onderwerpen/internationale-sancties/beleid-voor-internationale-sancties Email: IMH@minbuza.nl
AUSTRIA	Federal Ministry for European and International Affairs Minoritenplatz 8 1010 Vienna AUSTRIA Website: https://www.bmeia.gv.at/en/european-foreign-policy/foreign-policy/europe/eu-sanctions-national-authorities/ Email: abti5@bmeia.gv.at
POLAND	Ministry of Foreign Affairs Ministerstwo Spraw Zagranicznych al. J. Ch. Szucha 23 00-580 Warszawa POLAND Tel. +48 225239000 Website: https://www.gov.pl/web/diplomacy
PORTUGAL	Ministry of Economy and Digital Transition Directorate-General for Economic Activities International Trade Department Av. Visconde Valmor 72 1069-041 Lisboa PORTUGAL Tel. +351 217919184 Website: www.dgae.gov.pt Email: sancoes@dgae.gov.pt
ROMANIA	Ministry of Foreign Affairs of Romania Office for the Implementation of International Sanctions (2) Aleea Alexandru 31 1st District 011822 Bucharest ROMANIA Tel. +4021 3192199 Fax +4021 3192354 Website: https://www.mae.ro/en Email: oisi@mae.ro
SLOVENIA	Implementation of the Blocking Statute: Ministry of Foreign Affairs of the Republic of Slovenia Prešernova cesta 25 SI-1001 Ljubljana P.P. 481 SLOVENIA Website: http://www.mzz.gov.si/en/ Supervisory authorities: The Bank of Slovenia Slovenska cesta 35 SI-1505 Ljubljana SLOVENIA Website: https://www.bsi.si/en/ Financial Administration of the Republic of Slovenia Customs Department Šmartinska cesta 55 SI-1000 Ljubljana SLOVENIA Website: https://www.fu.gov.si/en/
SLOVAKIA	Ministry of Finance of the Slovak Republic Financial Market Directorate Štefanovičova 5 817 82 Bratislava SLOVAK REPUBLIC Website: https://www.finance.gov.sk/sk/ Ministry of Economy of the Slovak Republic Department of Bilateral Trade Cooperation Mlynské nivy 44/A 827 15 Bratislava 212 SLOVAK REPUBLIC Website: https://www.mhsr.sk/
FINLAND	Ministry for Foreign Affairs PO Box 176 FI-00023 Government FINLAND Website: https://um.fi/frontpage Email: pakotteet.um@formin.fi
SWEDEN	Ministry for Foreign Affairs SE-103 33 Stockholm SWEDEN Website:https://www.government.se/government-of-sweden/ministry-for-foreign-affairs/ Email: utrikesdepartementet.registrator@gov.se Article 2 of the Blocking Statute: Kommerskollegium Drottninggatan 89 SE-113 60 Stockholm SWEDEN Website: https://www.kommerskollegium.se/ Email: registrator@kommerskollegium.se

---

(1)  OJ L 309, 29.11.1996, p. 1.

(2)  Permanent nomination is under review and shall be updated in due course.

Winding-up proceedings

Decision to start winding-up proceedings in respect of Gefion Finans A/S, CVR-nr- 36 01 64 93

(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 Il))

(2021/C 251/08)

Insurance undertaking	Gefion Finans A/S Østergade 10 2200 København N DENMARK
Date, entry into force and nature of decision	7 June 2021, Bankruptcy
Competent authorities	The Maritime and Commercial Court Amaliegade 35, 2. 1256 Copenhagen K DENMARK
Supervisory authority	None
Administrator appointed	Søren Aamann Jensen Tuborg Boulevard I 2900 Hellerup DENMARK Boris K. Frederiksen, Kalvebod Brygge 32 1560 Copenhagen V DENMARK
Applicable law	Denmark Danish Bankruptcy Code 17

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain molybdenum wires originating in the People’s Republic of China

(2021/C 251/09)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain molybdenum wires originating in the People’s Republic of China (’the country concerned’ or ’PRC’), the European Commission (’the Commission’) has received a request for a review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (2) (’the basic Regulation’).

1.   Request for review

The request was submitted on 23 March 2021 by Plansee SE (’the applicant’) that represents more than 25 % of the total Union production of certain molybdenum wires.

An open version of the request and the analysis of the degree of support by Union producers for the request 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 review

The product subject to this review is molybdenum wire, containing by weight at least 99,95 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm (’the product under review’), currently falling under CN code ex 8102 96 00 (TARIC codes 8102960011 and 8102960019). The CN and TARIC codes are given for information only.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty on imports of certain molybdenum wires originating in the People’s Republic of China following an expiry review imposed by Commission Implementing Regulation (EU) 2016/1046 (3).

4.   Grounds for the review

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

4.1.    Allegation of likelihood of continuation and/or recurrence of dumping

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

To substantiate the allegations of significant distortions, the applicant relied on the ‘Commission Staff Working Document on Significant Distortions in the Economy of the PRC’ dated 20 December 2017 (the ‘Commission report’) and in particular on the chapters about general distortions regarding energy, land and labour. The applicant also provided supporting evidence in the request showing that molybdenum and molybdenum producers are a supported industry under the 13th 5-Year Plan. The 13th 5-Year Non-Ferrous Plan defines the non-ferrous metal industry as one of the important basic industries in the manufacturing industry. Molybdenum is expressly mentioned as one of the industries supported by this plan. The non-ferrous industries are also encouraged industries under the Made in China 2025 initiative, and thereby eligible to benefit from considerable state funding. Finally, the Government of China (GOC) also dedicates abundant resources to support and restructure State-owned enterprises in the non-ferrous metals sector. Finally, the applicant refers to the findings and conclusions of the anti-dumping investigation on Tungsten electrodes from China that provided extensive analysis demonstrating, among other things, that GOC controls and restricts investments, provides raw materials at lower prices and restricts exports, resulting in cost and price distortions on the Chinese market. Tungsten (electrodes) and molybdenum (wires) are related non-ferrous industries. The major known Chinese molybdenum producers are also among the major Chinese State-owned tungsten producers.

The country report is available in the file for inspection by interested parties and on DG Trade’s website (4).

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 PRC is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Regulation.

As a result, in view of Article 2(6a)(a) of the basic Regulation, the allegation of continuation and /or recurrence of dumping is based on a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or benchmarks in an appropriate representative country with the export price (at ex-works level) of the product under review from the PRC when sold for export to the Union and to major third countries which are not subject to measures. On this basis, the dumping margin calculated is significant for the PRC and the export prices to major third country markets are lower than the normal value.

4.2.    Allegation of likelihood of continuation or recurrence of injury

The applicant alleges the likelihood of recurrence of injury. In this respect the applicant has provided sufficient evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of substantial unused capacity of the exporting producers in the PRC, as well as due to the attractiveness of the EU market.

The applicant further alleges that the removal of injury has been mainly due to the existence of measures and that, should measures be allowed to lapse, any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry.

5.   Procedure

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

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

Regulation (EU) 2018/825 of the European Parliament and of the Council (TDI Modernisation package) (5), which entered into force on 8 June 2018, introduced a number changes to the timetable and deadlines previously applicable in anti-dumping proceedings. Therefore, the Commission invites interested parties to respect the procedural steps and deadlines provided in this Notice as well as in further communications from the Commission. The Commission also draws the attention of the parties that further to the COVID-19 outbreak a Notice (6) has been published on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

5.1.    Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 January 2020 to 31 December 2020 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2017 to the end of the review investigation period (‘the period considered’).

5.2.    Comments on the request and the initiation of the investigation

All interested parties are invited to make their views known on the inputs and the Harmonised System (HS) codes provided in the request (7) within 15 days of the date of publication of this Notice in the Official Journal of the European Union (8).

All interested parties wishing to comment on the request (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the request) 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 a likelihood of continuation or recurrence of dumping

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

Therefore, all producers (9) of the product under review from the country concerned, irrespective of whether or not they exported the product under review to the Union in the review investigation period, are invited to participate in the Commission investigation.

5.3.1.   Investigating producers in the country concerned

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

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to this review, are hereby requested to provide the Commission with information on their company(ies) within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/R744_SAMPLING_FORM_FOR_EXPORTING_PRODUCER. Tron access information can be found in sections 5.6 and 5.9 below.

In order to obtain the information it deems necessary for the selection of the sample of producers in the country concerned, the Commission will also contact the authorities of the PRC and may contact any known associations of producers in the country concerned.

If a sample is necessary, the producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known producers in the country concerned, the authorities of the country concerned and associations of producers in the country concerned will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

Once the Commission has received the necessary information to select a sample of producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled 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 to the file for inspection by interested parties reflecting the sample selection At the same time the Commission will make the questionnaire for producers in the country concerned 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=2537). Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (’non-sampled cooperating producers’).

5.3.2.   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 that it intends to use for the purpose of determining normal value in the country concerned pursuant to Article 2(6a) of the basic Regulation. This will cover all sources, including the selection of an appropriate representative third country where appropriate. Parties to the investigation shall be given 10 days from the date at which that note is added to that file to submit comments.

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

With regard to the relevant sources, the Commission invites all producers in the PRC to provide information on the materials (raw and processed) and energy used in the production of the product under review within 15 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/R744_INFO_ON_INPUTS_FOR_EXPORTING_PRODUCER_FORM). Tron access information can be found in sections 5.6 and 5.9 below.

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 taken exclusively from publicly available sources.

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

5.3.3.   Investigating unrelated importers (10) (11)

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

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 7 days of the date of publication of this Notice by providing the Commission with the information on their company(ies) requested in the Annex to this Notice.

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

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review from the country concerned in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

The Commission will also add a note to the file for inspection by interested parties reflecting the sample selection. Any comment on the sample selection must be received within 3 days from the notification of the sample decision. At the time of adding the note to the file reflecting the sample selection, the Commission will make available a copy of the questionnaire for unrelated importers in the file for inspection by interested parties and on DG Trade’s website (https://trade.ec.europa.eu/tdi/case_details.cfm?id=2537).

In order to obtain the 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 sample selection, unless otherwise specified.

5.4.    Procedure for the determination of a likelihood of a continuation or recurrence of injury

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

5.4.1.   Investigating Union producers

In order to obtain information it deems necessary for its investigation with regard to Union producers the Commission will make available questionnaires to the two known Union producers, namely to: Plansee SE and Osram GmbH.

The aforementioned Union producers must submit the completed questionnaire within 37 days of the date the questionnaire will be made 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=2537), unless otherwise specified.

Union producers and representative associations not listed above are invited to contact the Commission, preferably by e-mail, immediately but no later than 7 days after the publication of this Notice, unless otherwise specified, in order to make themselves known and request a questionnaire.

5.5.    Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of dumping and continuation or recurrence of injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest.

Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations are invited to provide the Commission with information as to whether maintaining the measure is not against the Union interest. In order to participate in the investigation, the representative consumer organisations have to demonstrate that there is an objective link between their activities and the product under review.

Information concerning the assessment of Union interest 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 review, will be 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=2537) by 1 October 2021. Information concerning the assessment of Union interest must be provided within 37 day of the date that the questionnaire will be made 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=2537). In any case, information submitted pursuant to Article 21 of the basic Regulation will only be taken into account if supported by factual evidence at the time of submission, which substantiates its validity.

5.6.    Interested parties

In order to participate in the investigation, interested parties, such as producers in the country concerned, 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 review.

Producers in the country concerned, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.2, 5.3 and 5.4 will be considered as interested parties if there is an objective link between their activities and the product under review.

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 review. 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 (12).

5.7.    Other written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

5.8.    Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request 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.

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.

5.9.    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’ (13). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Interested 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’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests 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 DG Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by 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 G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON.tdi: https://tron.trade.ec.europa.eu/tron/tdi

Email:

For dumping:

TRADE-R744-DUMPING@ec.europa.eu

For injury and Union interest:

TRADE-R744-INJURY@ec.europa.eu

6.   Schedule of the investigation

The investigation shall normally be concluded within 12 months and in any event no later than 15 months from the date of the publication of this Notice, pursuant to Article 11(5) of the basic Regulation.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in section 5 of this Notice.

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.

Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 5 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments filed by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further 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 this Notice, 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, 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. In this case, 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 the Commission 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 due course.

Interested parties are invited to follow the timeframes set out in section 5.7. of this Notice also as regards interventions, including hearings, by the Hearing Officer. 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. The Hearing Officer will examine the reasons for requests for interventions, 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.   Possibility to request a review under Article 11(3) of the basic Regulation

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

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

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

13.   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 (14).

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/

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(1)  OJ C 327, 5.10.2020, p. 18.

(2)  OJ L 176, 30.6.2016, p. 21.

(3)  Commission Implementing Regulation (EU) 2016/1046 of 28 June 2016 imposing a definitive anti-dumping duty on imports of certain molybdenum wires originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No /1225/2009 (OJ L 170, 29. 6.2016, p. 19).

(4)  Documents cited in the country 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)  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020XC0316%2802%29.

(7)  Information on HS codes is also provided in the executive summary of the review request, which is available on DG Trade’s website (http://trade.ec.europa.eu/tdi/?).

(8)  All references to the publication of this Notice will be references to publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

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

(10)  Only importers not related to producers in the country concerned can be sampled. Importers that are related to producers have to fill in Annex I to the questionnaire for these exporting producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ’’person’’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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

(12)  In case of technical problems please contact the Trade Service Desk by email trade-service-desk@ec.europa.eu or by Tel. +32 22979797.

(13)  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).

(14)  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).

Prior notification of a concentration

(Case M.10231 — AerCap/GECAS/SES)

(Text with EEA relevance)

(2021/C 251/10)

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

Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2021/C 251/11)

This notice is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1)

COMMUNICATING THE APPROVAL OF A STANDARD AMENDMENT

‘NIZZA’

PDO-IT-01896-AM01

Date of communication: 30 April 2021

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1.   Wine-growing rules - Position and exposure of vineyards

Description: The conditions concerning the position and exposure of vineyards have been amended to include vineyards that do not have an exclusively south/south-east/south-west exposure, meaning that vineyards within the range of + 45° to + 315°, are permitted, as are the tops of hills and northern slopes between - 45° and + 45° where the terrain does not have a slope of more than 8 %.

Reason: Their exclusively hilly exposures mean that also vineyards facing the above-mentioned directions benefit from an optimal absorption of sunlight, allowing good ripening and quality of grapes, and concentration of sugars and polyphenols.

The amendment was requested because climate change has created new conditions, thus significantly changing the wine-growing situation and meaning that the optimal conditions for producing wine with the quality characteristics required for the designation have been re-created and can be found elsewhere in the environment. The vine growing period is not the calendar year but, essentially, the months from May to September. The warming of the climate has led, on average, to an earlier harvest than in the past. In addition, it must be considered that the incidence of sunlight on a north-facing slope varies in a way that is not linear but is more than proportional to the duration of the day, as not only the hours of light change, but also the height of the sun above the horizon and hence the angle of incidence. These are concepts that have already been discussed by major climate scientists and are now applicable in the context of wine-making. Therefore, particularly on the Italian peninsula, the increased amount of sunlight even in the upper part, towards the northern point on the compass, leads to excellent ripening of the grapes, in terms of both sugar and polyphenolic content, and good wine yields in terms of quality.

The amendment concerns Article 4(2) ‘Wine-growing rules - Position and exposure of vineyards’ of the product specification, sub-sections (A) and (B) of Article 9 ‘Link with the environment’ of the product specification and sub-sections (B) and (C) of section 1.8 ‘Link with the environment’ of the single document.

2.   Wine-growing rules - Grape harvest

The obligation to harvest the grapes exclusively by hand has been removed. Removing the obligation to harvest by hand will allow producers to adopt the most suitable methods for harvesting the grapes to be used in the production of the wines under the PDO based on their own particular needs, while retaining the traditional practice of harvesting by hand in the Nizza production area. The possibility of also using harvesting machines meets the particular needs of producers in terms of speeding up the harvesting of the grapes, making up for any staff shortages, reducing land management costs and benefitting from the technological innovation linked to the mechanisation of wine-growing. This has been greatly enhanced thanks to the possibility of mechanical harvesting, using self-propelled or towed machines, with horizontal shaking. These are particularly efficient where vine training methods involving a vertical trellis are used, such as Guyot or spurred cordon, which are typical of the production area. These machines allow operations to be carried out also in the hills and they ensure that the grapes harvested are of high quality.

The amendment concerns Article 4(2) ‘Wine-growing rules’ of the product specification and sub-section (C) of section 1.8 ‘Link with the environment’ of the single document.

3.   Labelling requirements

The name of the larger geographical unit ‘Piemonte’ [Piedmont] may be used in the labelling and presentation of Nizza PDO wines.

Reason: The aim is to provide consumers with additional information on the geographical location of the demarcated area, so that they can more easily identify the broader geographical, environmental, historical and administrative context of the Piedmont region, in which the production area for Nizza PDO wines is situated.

The amendment concerns Article 7(4) of the product specification and the section ‘Further conditions - Additional provisions relating to labelling’ of the single document.

4.   Amendments of a clerical nature

—	The contact details in the other information section of the single document have been updated; this concerns points 2.1, 2.2, 2.3 and 2.5.

—	References to specific laws and decrees have been deleted from the product specification and a general reference had been made to the relevant legislation in force.

SINGLE DOCUMENT

1.   Name of the product

Nizza

2.   Geographical indication type

PDO – Protected Designation of Origin

3.   Categories of grapevine products

1.

Wine

4.   Description of the wine(s):

1.   Nizza and Nizza Riserva (Category: Wine (1))

CONCISE TEXTUAL DESCRIPTION

Colour: intense ruby red, tending towards garnet with age;

Aroma: intense, distinctive, ethereal;

Taste: dry, full-bodied, harmonious and round.

Minimum total alcoholic strength by volume: 13 %;

Minimum sugar-free extract: 26 g/l.

Any analytical parameters not shown in the table below comply with the limits laid down in national and EU legislation.

GENERAL ANALYTICAL CHARACTERISTICS

Maximum total alcoholic strength (in % volume):

—

Minimum actual alcoholic strength (in % volume):

—

Minimum total acidity:

5,0 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

—

Maximum total sulphur dioxide (in milligrams per litre):

—

2.   Nizza with the ‘Vigna’ indication and Nizza Riserva with the ‘Vigna’ indication (Category: Wine (1))

CONCISE TEXTUAL DESCRIPTION

Colour: intense ruby red, tending towards garnet with age;

Aroma: intense, distinctive, ethereal;

Taste: dry, full-bodied, harmonious and round.

Minimum total alcoholic strength by volume: 13,50 %;

Minimum sugar-free extract: 28 g/l.

Any analytical parameters not shown in the table below comply with the limits laid down in national and EU legislation.

GENERAL ANALYTICAL CHARACTERISTICS

Maximum total alcoholic strength (in % volume):

—

Minimum actual alcoholic strength (in % volume):

—

Minimum total acidity:

5,0 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

—

Maximum total sulphur dioxide (in milligrams per litre):

—

5.   Wine-making practices

5.1.   Specific oenological practices

1.   Ageing

Specific oenological practice

Nizza: must be aged for at least 18 months, of which at least 6 months in wooden barrels from 1 January of the year following the harvest.

Nizza ‘Vigna’: must be aged for at least 18 months, of which at least 6 months in wooden barrels from 1 January of the year following the harvest.

Nizza Riserva: must be aged for at least 30 months, of which at least 12 months in wooden barrels from 1 January of the year following the harvest.

Nizza Riserva ‘Vigna’: must be aged for at least 30 months, of which at least 12 months in wooden barrels from 1 January of the year following the harvest.

2.   Topping up of barrels

Specific oenological practice

Throughout the mandatory ageing period, barrels may be topped up with the same wine of the same vintage, which may be stored in containers other than wooden barrels, accounting for up to 10% of the total volume.

3.   Enrichment

Relevant restriction on making the wines

There is no provision for any form of enrichment to increase the alcoholic strength of Nizza DOCG wines.

5.2.   Maximum yields

1.   Nizza and Nizza Riserva

49 hectolitres per hectare

2.   Nizza with the ‘Vigna’ indication in the third year after planting

26,60 hectolitres per hectare

3.   Nizza with the ‘Vigna’ indication in the fourth year after planting

30,80 hectolitres per hectare

4.   Nizza with the ‘Vigna’ indication in the fifth year after planting

35 hectolitres per hectare

5.   Nizza with the ‘Vigna’ indication in the sixth year after planting

39,90 hectolitres per hectare

6.   Nizza with the ‘Vigna’ indication from the seventh year after planting onwards

44,10 hectolitres per hectare

6.   Demarcated geographical area

The production area for ‘Nizza’ DOCG includes all of the territory of the following municipalities: Agliano Terme, Belveglio, Calamandrana, Castel Boglione, Castelnuovo Belbo, Castelnuovo Calcea, Castel Rocchero, Cortiglione, Incisa Scapaccino, Mombaruzzo, Mombercelli, Nizza Monferrato, Vaglio Serra, Vinchio, Bruno, Rocchetta Palafea, Moasca and San Marzano Oliveto.

7.   Main wine grape variety(ies)

Barbera N.

8.   Description of the link(s)

PDO Nizza (Category: Wine (1))

Natural factors relevant to the link

The production area comprises 18 municipalities in the Province of Asti adjacent to the municipality of Nizza, which has traditionally been an area of choice for the cultivation of the Barbera vine variety.

It is an area of low hills with an altitude of between 150 and 400 metres, characterised by a temperate climate with little wind and average annual rainfall of around 700 mm. The soil is mainly calcareous, of medium depth and resting on a marly calcareous-arenaceous rock groundmass. The terrain of the ‘Nizza’ wine-growing area is geologically part of the Pliocene basin in the province of Asti; it is mostly sedimentary in origin, with predominantly tertiary arenaceous marl formations. The soils have a high calcium carbonate content, with generally little organic matter, and low but perfectly balanced nutrient levels.

PDO Nizza

Human factors relevant to the link

The perfect synergy between the environment and humans in the Nizza area is summed up in how the vines are trained using the traditional ‘contour’ system, with vertical trellises and Guyot and sometimes spurred cordon pruning systems, in how yields are kept low, and in the rational management of foliage, which, together with the south-facing exposure, allow the quality of the Barbera grape to be best expressed. The vineyard landscape of the ‘Nizza’ winegrowing area is the exceptional result of a wine-making tradition which has evolved and been handed down since antiquity, underpinning the local community and economy.

This cultural tradition has produced a well-established heritage of expertise and vine growing, wine-making and ageing techniques based on a thorough knowledge of the Barbera variety historically grown in the area and its ability to adapt to the particular environmental conditions.

PDO Nizza

B)

Details of the quality or characteristics of the product essentially or exclusively attributable to the geographical environment PDO Nizza is the most valuable wine produced in the area. The final product is distinguished by the characteristics of the soils in the production area. In particular, the Nizza wines from areas consisting mainly of clay-sandy marl soils have greater intensity and shades of colour, a medium-high pH and lower acidity, and very intense ‘earthy’ aromas (‘tuf’ is the name of the marl in the local dialect). They are elegant, highly-structured and long-lived. Those from areas with predominantly sandy soils have a more pronounced acidity, lower colour intensity and a variety of fine and elegant aromas with scents that are more balsamic, of aromatic grasses, coupled with a harmonious structure. Optimal sun exposure and soil and climate conditions make for well-structured wines which are rich in colour and suitable for ageing, and which keep well over time. The vineyards are located exclusively on hills and they have the best exposures for absorbing sunlight; this benefits the ripening and quality of grapes, increasing the concentration of sugars and polyphenols.

PDO Nizza

C)

Description of the causal interaction between the aspects referred to under (A) and those referred to under (B). ‘Nizza’ wines owe their specific quality characteristics to the interaction between the natural environment and the human factors of tradition and knowledge in cultivation, wine-making and ageing. In particular, producers have made highly quality-focused choices for the cultivation of grapes (limited yields, in particular for types bearing the ‘Vigna’ indication) and the production of ‘Nizza’ DOCG wines by refraining from the practice of enrichment. The wine-growing knowledge dating back to antiquity with the cultivation of the vines in the ‘contour’ system, with vertical trellises expertly managed through the traditional Guyot pruning system and with adequate thinning of the bunches, gives Nizza vineyards very low yields, of a maximum of 7 tonnes or less. These factors, combined with fairly high daily temperature ranges, allow for optimal ripening of the grapes, which gives Nizza its typical organoleptic characteristics. The utmost care is taken in the harvesting of grapes. This is done either by hand in the traditional way or using modern harvesting machinery, which allow operations to be carried out also in the hills, and it ensures that the grapes harvested are of high quality so as to preserve their quality characteristics as much as possible. The wine-making technique has been perfected for this excellent raw material. It is followed by an appropriate minimum ageing period of 18 months, up to over 30 months for the Nizza Riserva. The Nizza area is a historic centre for the production of Barbera wines in Piedmont, with an impressive tradition of processing, ageing and marketing the final product, a precondition for the production and subsequent establishment on the market of structured red wines for medium to long ageing.

9.   Essential further conditions (packaging, labelling, other requirements)

Bottling within the demarcated area

Legal framework:

EU legislation

Type of further condition:

Bottling within the demarcated geographical area

Description of the condition:

In accordance with Article 8 of Regulation (EC) No 607/2009, bottling or packaging must take place in the demarcated geographical area to safeguard quality, guarantee the origin and ensure the effectiveness of checks.

The link to the geographical area of origin along with the image of the designation are better guaranteed with bottling in the production area, as the application of and compliance with all the technical rules regarding transport and bottling may be entrusted to firms in the authorised area. This requirement therefore benefits the operators themselves, who are aware of and responsible for the issue of preserving the quality of the designation, giving consumers assurance regarding the origin and quality of the wines and their conformity with the product specification.

Provisions for labelling - Use of the name of the larger geographical unit

Legal framework:

EU legislation

Type of further condition:

Additional provisions relating to labelling

Description of the condition:

The name of the larger geographical unit ‘Piemonte’ [Piedmont] may be used in the labelling and presentation of Nizza PDO wines.

Link to the product specification

https://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/16848

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(1)  OJ L 9, 11.1.2019, p. 2.