ISSN 1977-091X

doi:10.3000/1977091X.C_2011.353.eng

Official Journal

of the European Union

C 353

European flag  

English edition

Information and Notices

Volume 54
3 December 2011


Notice No

Contents

page

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2011/C 353/01

Communication from the Commission — Corresponding values of the thresholds of Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council

1

2011/C 353/02

Non-opposition to a notified concentration (Case COMP/M.6404 — Hochtief Solutions/Ventizz/JV) ( 1 )

4

2011/C 353/03

Non-opposition to a notified concentration (Case COMP/M.6383 — Cargill/KoroFrance) ( 1 )

4

2011/C 353/04

Non-opposition to a notified concentration (Case COMP/M.6394 — Gilde/Eismann) ( 1 )

5

2011/C 353/05

Non-opposition to a notified concentration (Case COMP/M.6361 — ZF/Hansen) ( 1 )

5

2011/C 353/06

Non-opposition to a notified concentration (Case COMP/M.6423 — Carlyle/H&F/Pharmaceutical Product Development) ( 1 )

6

 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2011/C 353/07

Euro exchange rates

7

2011/C 353/08

Commission Implementing Decision of 2 December 2011 amending Commission Decision 2011/C 69/01 concerning the adoption of a financing decision for 2011 in the framework of the second programme of Community action in the field of health (2008-13) and on the selection, award and other criteria for financial contributions to the actions to this programme

8

 

NOTICES FROM MEMBER STATES

2011/C 353/09

International call for proposals No D1/20472/5.9.2011 for participation in the non-exclusive seismic survey off the coasts of western and southern Greece

10

 

V   Announcements

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

 

European Commission

2011/C 353/10

Notice regarding a partial reopening of the anti-dumping investigation concerning imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China

15

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

 

European Commission

2011/C 353/11

Prior notification of a concentration (Case COMP/M.6412 — Evraz/Alrosa/Mining and Metallurgical Company Timir JV) — Candidate case for simplified procedure ( 1 )

18

 

OTHER ACTS

 

European Commission

2011/C 353/12

Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

19

 


 

(1)   Text with EEA relevance

EN

 


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

3.12.2011   

EN

Official Journal of the European Union

C 353/1


COMMUNICATION FROM THE COMMISSION

Corresponding values of the thresholds of Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council

2011/C 353/01

The corresponding values in the national currencies other than euros of the thresholds of Directives 2004/17/EC (1), 2004/18/EC (2) and 2009/81/EC (3) are the following:

EUR 80 000

BGN

New Bulgarian lev

156 464

CZK

Czech koruna

2 004 240

DKK

Danish krone

595 928

GBP

Pound sterling

69 574

HUF

Hungarian forint

21 824 000

LTL

Lithuanian litas

276 224

LVL

Latvian lats

56 648

PLN

New Polish zloty

321 568

RON

New Romanian leu

337 232

SEK

Swedish krona

759 016


EUR 130 000

BGN

New Bulgarian lev

254 254

CZK

Czech koruna

3 256 890

DKK

Danish krone

968 383

GBP

Pound sterling

113 057

HUF

Hungarian forint

35 464 000

LTL

Lithuanian litas

448 864

LVL

Latvian lats

92 053

PLN

New Polish zloty

522 548

RON

New Romanian leu

548 002

SEK

Swedish krona

1 233 401


EUR 200 000

BGN

New Bulgarian lev

391 160

CZK

Czech koruna

5 010 600

DKK

Danish krone

1 489 820

GBP

Pound sterling

173 934

HUF

Hungarian forint

54 560 000

LTL

Lithuanian litas

690 560

LVL

Latvian lats

141 620

PLN

New Polish zloty

803 920

RON

New Romanian leu

843 080

SEK

Swedish krona

1 897 540


EUR 400 000

BGN

New Bulgarian lev

782 320

CZK

Czech koruna

10 021 200

DKK

Danish krone

2 979 640

GBP

Pound sterling

347 868

HUF

Hungarian forint

109 120 000

LTL

Lithuanian litas

1 381 120

LVL

Latvian lats

283 240

PLN

New Polish zloty

1 607 840

RON

New Romanian leu

1 686 160

SEK

Swedish krona

3 795 080


EUR 1 000 000

BGN

New Bulgarian lev

1 955 800

CZK

Czech koruna

25 053 000

DKK

Danish krone

7 449 100

GBP

Pound sterling

869 670

HUF

Hungarian forint

272 800 000

LTL

Lithuanian litas

3 452 800

LVL

Latvian lats

708 100

PLN

New Polish zloty

4 019 600

RON

New Romanian leu

4 215 400

SEK

Swedish krona

9 487 700


EUR 5 000 000

BGN

New Bulgarian lev

9 779 000

CZK

Czech koruna

125 265 000

DKK

Danish krone

37 245 500

GBP

Pound sterling

4 348 350

HUF

Hungarian forint

1 364 000 000

LTL

Lithuanian litas

17 264 000

LVL

Latvian lats

3 540 500

PLN

New Polish zloty

20 098 000

RON

New Romanian leu

21 077 000

SEK

Swedish krona

47 438 500


(1)  OJ L 134, 30.4.2004, p. 1.

(2)  OJ L 134, 30.4.2004, p. 114.

(3)  OJ L 216, 20.8.2009, p. 76.


3.12.2011   

EN

Official Journal of the European Union

C 353/4


Non-opposition to a notified concentration

(Case COMP/M.6404 — Hochtief Solutions/Ventizz/JV)

(Text with EEA relevance)

2011/C 353/02

On 24 November 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32011M6404. EUR-Lex is the on-line access to the European law.


3.12.2011   

EN

Official Journal of the European Union

C 353/4


Non-opposition to a notified concentration

(Case COMP/M.6383 — Cargill/KoroFrance)

(Text with EEA relevance)

2011/C 353/03

On 16 November 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32011M6383. EUR-Lex is the on-line access to the European law.


3.12.2011   

EN

Official Journal of the European Union

C 353/5


Non-opposition to a notified concentration

(Case COMP/M.6394 — Gilde/Eismann)

(Text with EEA relevance)

2011/C 353/04

On 28 November 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32011M6394. EUR-Lex is the on-line access to the European law.


3.12.2011   

EN

Official Journal of the European Union

C 353/5


Non-opposition to a notified concentration

(Case COMP/M.6361 — ZF/Hansen)

(Text with EEA relevance)

2011/C 353/05

On 30 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32011M6361. EUR-Lex is the on-line access to the European law.


3.12.2011   

EN

Official Journal of the European Union

C 353/6


Non-opposition to a notified concentration

(Case COMP/M.6423 — Carlyle/H&F/Pharmaceutical Product Development)

(Text with EEA relevance)

2011/C 353/06

On 25 November 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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/en/index.htm) under document number 32011M6423. EUR-Lex is the on-line access to the European law.


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

3.12.2011   

EN

Official Journal of the European Union

C 353/7


Euro exchange rates (1)

2 December 2011

2011/C 353/07

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,3511

JPY

Japanese yen

105,25

DKK

Danish krone

7,4332

GBP

Pound sterling

0,86020

SEK

Swedish krona

9,0834

CHF

Swiss franc

1,2343

ISK

Iceland króna

 

NOK

Norwegian krone

7,7660

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,202

HUF

Hungarian forint

301,69

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6978

PLN

Polish zloty

4,4726

RON

Romanian leu

4,3578

TRY

Turkish lira

2,4567

AUD

Australian dollar

1,3135

CAD

Canadian dollar

1,3695

HKD

Hong Kong dollar

10,4958

NZD

New Zealand dollar

1,7296

SGD

Singapore dollar

1,7302

KRW

South Korean won

1 526,66

ZAR

South African rand

10,8346

CNY

Chinese yuan renminbi

8,5702

HRK

Croatian kuna

7,5145

IDR

Indonesian rupiah

12 167,30

MYR

Malaysian ringgit

4,2276

PHP

Philippine peso

58,293

RUB

Russian rouble

41,4960

THB

Thai baht

41,600

BRL

Brazilian real

2,4122

MXN

Mexican peso

18,2410

INR

Indian rupee

69,0480


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


3.12.2011   

EN

Official Journal of the European Union

C 353/8


COMMISSION IMPLEMENTING DECISION

of 2 December 2011

amending Commission Decision 2011/C 69/01 concerning the adoption of a financing decision for 2011 in the framework of the second programme of Community action in the field of health (2008-13) and on the selection, award and other criteria for financial contributions to the actions to this programme

2011/C 353/08

THE EUROPEAN COMMISSION,

Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,

Having regard to Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (1), and in particular Article 8(1) thereof,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) (hereinafter referred to as the ‘Financial Regulation’), and in particular Article 75 thereof,

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter referred to as the ‘Implementing Rules’), and in particular Article 90 thereof,

Having regard to Commission Decision 2004/858/EC of 15 December 2004 setting up an executive agency, the ‘Executive Agency for the Public Health Programme’, for the management of Community action in the field of public health — pursuant to Council Regulation (EC) No 58/2003 (4), and in particular Article 6 thereof,

Whereas:

(1)

Commission Decision 2011/C 69/01 (5) was adopted on 22 February 2011.

(2)

A number of calls for tenders initially planned generated savings or were not successful and will not be implemented in 2011. Therefore it is necessary to modify the budget distribution among the different financing mechanisms indicated in point 2 of Annex I to Decision 2011/C 69/01 to allow for financing of a larger number of project grants.

(3)

The variations in the budget initially allocated to the specific actions exceed the 20 % indicated in Article 5 of Decision 2011/C 69/01 and therefore constitute a substantial change of the financing decision adopted necessitating its amendment. The financial flexibility of 20 % should apply to the different financing mechanisms.

(4)

This Decision is also a financing decision for the Presidency conference to be held in the first half of 2012 under the Danish Presidency mentioned in Annex I point 2.4.1 of Decision 2011/C 69/01.

(5)

Decision 2011/C 69/01 should therefore be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 10 of the Programme Decision,

HAS DECIDED AS FOLLOWS:

Sole Article

Decision 2011/C 69/01 is amended as follows:

1.

The first paragraph of Article 5 is replaced by the following:

Cumulative changes of allocations to specific financial mechanisms included in Annex I not exceeding 20 % of the maximum contribution authorised by this Decision for each budgetary line are not considered as substantial provided that they do not significantly affect the nature and objective of the work plan. This may include the increase of the maximum contribution authorised by this Decision up to 20 %.

2.

Annex I to Decision 2011/C 69/01 is amended as follows:

(a)

in point 1.2, Resources, the fourth paragraph is replaced by the following:

The amounts given in the following chapters are indicative. In accordance with Article 90(4) of the Implementing Rules, non-substantial variations are possible for the amount allocated to each financing mechanism;

(b)

in point 2.1, Project grants, the first sentence of the first paragraph is replaced by the following:

The total indicative amount for project grants is estimated at EUR 7 050 000;

(c)

in point 2.4.1, Presidency conferences — De jure monopoly, the fifth paragraph is replaced by the following:

The Presidency conferences to be financed under this work plan are: ‘European Brain Policy Forum; Ageing, Stroke and Alzheimer — finding innovative solutions’ to be held in November 2011 under the Polish Presidency, and ‘EU High Level eHealth Conference’ to be held in May 2012 under the Danish Presidency;

(d)

in point 2.6, Procurement, the first paragraph is replaced by the following:

The total indicative amount for procurement is estimated at EUR 15 353 028;

(e)

in point 3.2.1.1, Reducing health inequalities: preparation for action plans and structural funds projects, ‘Project grant’ in brackets after the third paragraph is replaced by ‘Project grants’.

Done at Brussels, 2 December 2011.

For the Commission

John DALLI

Member of the Commission


(1)  OJ L 301, 20.11.2007, p. 3.

(2)  OJ L 248, 16.9.2002, p. 1.

(3)  OJ L 357, 31.12.2002, p. 1.

(4)  OJ L 369, 16.12.2004, p. 73.

(5)  http://ec.europa.eu/health/programme/docs/wp2011_en.pdf


NOTICES FROM MEMBER STATES

3.12.2011   

EN

Official Journal of the European Union

C 353/10


International call for proposals No D1/20472/5.9.2011 for participation in the non-exclusive seismic survey off the coasts of western and southern Greece

2011/C 353/09

1.   SUBJECT

The Ministry of the Environment, Energy and Climate Change (hereinafter referred to as ‘the MINISTRY’) intends to evaluate the hydrocarbon potential and further promote certain offshore areas for hydrocarbon exploration and exploitation off the coasts of western and southern Greece.

The MINISTRY, based in Athens, Greece, is launching a call for participation in a non-exclusive seismic survey. The scope of the work is described in point 2 below.

The MINISTRY intends to conclude a contract with the selected company(ies) (hereinafter referred to as ‘the COMPANY’) to perform the said survey.

This public invitation is subject to the provisions of Law No 2289/1995 (Government Gazette I 27 of 8.2.1995) regarding the prospection, exploration and exploitation of hydrocarbons and other provisions, as amended by Law No 4001/2011 (Government Gazette I 179 of 22.8.2011) concerning the operation of the electricity and gas energy markets for the exploration, production and transmission networks of hydrocarbons and other provisions.

2.   SCOPE OF THE SURVEY

The objective of the planned seismic survey is to acquire, process and interpret data, including the reprocessing and interpretation of existing data, in accordance with the most up-to-date standards in the oil and gas industry. These data will assist in the evaluation of the hydrocarbon potential of the area shown in Appendix A and in the promotion of a subsequent international licensing round for hydrocarbon exploration and exploitation, which is planned for 2012.

The Ministry’s staff will work closely with the COMPANY’s specialists in the planning of the survey, the selection of data acquisition and processing parameters and the interpretation/evaluation of all available data. The MINISTRY has the right to oversee all stages of the project.

3.   ELIGIBILITY — CONTENT OF THE PROPOSAL FILE — SUBMISSION OF APPLICATIONS

3.1.

Participation is open, on equal terms, to those companies which meet the legal, financial and technical requirements set out in the call for proposals and which demonstrate the requisite professional competence and experience.

3.2.

The application file must include:

A.

The application in Greek or in English stating the company’s reason for participation signed by its legal representative. The application should also contain a list of the accompanying documents included in the file.

B.

The technical and commercial proposals including:

the work programme describing the following:

(a)

the objective of the survey;

(b)

the minimum number of kilometres to be acquired;

(c)

an indicative location map of the entire area covered by the Annex;

(d)

the data acquisition parameters and the processing and interpretation workflows and deliverables;

(e)

any additional non-seismic data to be collected and provided as part of the survey;

(f)

the facilities, equipment and software to be used for the project;

(g)

training opportunities for Greek specialists;

(h)

any other item that is deemed to be of interest to the MINISTRY,

specific technical requirements:

data acquisition parameters (type of source, streamer length, recording times, etc.) should be chosen such as to maximise the penetration depth and resolution in order to reveal targets within pre-alpine, alpine and post-alpine sediments,

data processing will be performed in order to achieve the aforementioned goals, including multiple attenuation, pre-stack time migration and pre-stack depth migration,

the interpretation of the seismic data should involve mapping of key horizons in the designated area and identification of any hydrocarbon indicators included in the data,

the time schedule, which should be in accordance with the MINISTRY’s plan to implement the licensing round by 2012,

the commercial terms, and

the conditions of confidentiality.

The file must also include documents concerning the COMPANY’s capacity, in particular:

the experience of the allocated personnel (detailed CVs describing their professional experience),

a list of relevant work carried out over the past five years stating clients, locations, type of work, equipment and techniques employed, including contact details to be used as references,

proof of experience in assisting and running international licensing rounds for hydrocarbon exploration and exploitation,

audited annual reports for the past three years (including audited financial statements),

safety statistics for the past three years,

proof of an implemented quality system in accordance with the ISO 9001 standard, or equivalent,

proof of an implemented environmental management system in accordance with the ISO 14001 standard or equivalent,

proof of an implemented health and safety system.

3.3.

The file must be submitted in a sealed envelope, clearly labelled on the outside as follows:

(a)

the applicant’s registered name and address;

(b)

the recipient’s details: MINISTRY OF THE ENVIRONMENT, ENERGY AND CLIMATE CHANGE, SECRETARIAT-GENERAL FOR ENERGY AND CLIMATE CHANGE, Directorate for Petroleum Policy, 119 Mesogion, 101 92 Athens, Greece;

(c)

for call for proposals ref. No D1/20472/5.9.2011 regarding the application for the participation in non-exclusive seismic survey off the coasts of western and southern Greece;

(d)

the phrase ‘CONFIDENTIAL/NOT TO BE OPENED BY THE SERVICE’.

Bids must be submitted no later than 90 days from the date of publication of this notice in the Official Journal of the European Union. Envelopes reaching the MINISTRY after this date will not be taken into consideration.

4.   SELECTION CRITERIA

The MINISTRY will select the most appropriate COMPANY on the basis of the following criteria:

the technical bid, which must include all the documents listed in point 3.2,

the financial bid,

the conditions of confidentiality,

a promotional programme for the area under consideration for the upcoming international licensing round, i.e. international road shows, data room equipment, etc.,

international experience in non-exclusive seismic surveys,

the technical competence to perform the work (data acquisition, processing and interpretation of new and existing data) using the most up-to-date standards,

experience in similar geological areas.

The MINISTRY will negotiate with the companies in order to reach its final decision, which should be announced two months at the latest after the deadline for submitting applications.

The MINISTRY reserves the right, at any time and at its sole discretion, to declare any application or the entire procedure void or to disqualify any applicant, even those fulfilling the obligatory terms and conditions.

Proposals will be valid for 90 calendar days after the final deadline for submissions.

5.   PARTICIPATION FEES

All applicants must pay a participation fee amounting to EUR 5 000 by enclosing with their application a bank cheque issued by a recognised credit institution legally operating in Greece.

6.   PERFORMANCE GUARANTEE

The selected COMPANY must also deposit a performance guarantee (Annex B) issued by a recognised credit institution legally operating in Greece, amounting to 5 % of the total project cost. This guarantee will remain in full force and effect until any and all obligations assumed by virtue of the contract have been fully implemented.

7.   GOVERNING LAW — SETTLEMENT OF DISPUTES

Any dispute regarding the interpretation or the application of or in connection with the contract will be brought before the arbitral tribunal in accordance with Law No 2735/1999 on international commercial arbitration, in the currently valid version. The arbitral tribunal comprises three arbitrators appointed in accordance with the rules on arbitration.

The place of arbitration proceedings will be Athens.

The law applicable to the contract will be Greek law.

8.   ADDITIONAL INFORMATION — CLARIFICATIONS

For any additional information, please contact: Mr Dimitrios NOMIDIS, Head of the Directorate for Petroleum Policy, tel. +30 2106969410, E-mail: NomidisD@eka.ypeka.gr and Mr Charalampos PIPPOS, Head of the Directorate for Public Relations and International Affairs, tel. +30 2106969166, E-mail: ChPippos@eka.ypeka.gr

Clarifications may be also given in writing by the MINISTRY, at its own initiative or upon the request of an applicant, and will be communicated to all applicants.

In the event of any discrepancy between the Greek and the English versions, the Greek text will prevail.


ANNEX

INDICATIVE LOCATION MAP OF THE AREA OF THE SEISMIC SURVEY

Image


V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

3.12.2011   

EN

Official Journal of the European Union

C 353/15


Notice regarding a partial reopening of the anti-dumping investigation concerning imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China

2011/C 353/10

By its judgment of 17 February 2011 in Case T-122/09 (‘the judgement’) the General Court annulled Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China (1) (‘the contested Regulation’) in so far as it concerns Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd (‘the applicants’).

In April 2011, the Commission lodged an appeal (2) seeking to set aside the judgement. The appeal procedure is still pending.

1.   Partial reopening of the anti-dumping investigation

The General Court, through its judgment, upheld the applicant's complaints alleging infringement of the rights of the defence and failure to state reasons and consequently annulled the contested Regulation. The General Court considered in particular that in the proceeding, leading to the adoption of the contested Regulation, the applicant's rights of the defence were breached and they were not provided with the information necessary for them to determine whether, in the light of the structure of the market, the adjustment as regards the post importation costs taken into account in calculating the price of products originating in China was appropriate. As regards the duty to state reasons the Court considered that the reasons for a measure must appear in the actual body of the measure and may not be stated in written or oral explanations given subsequently when the measure is already the subject of proceedings brought before the European Union Courts.

It is recognised by the Courts (3) that, in cases where a proceeding consists of several administrative steps, the annulment of one of those steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Consequently, the annulment of parts of the anti-dumping Regulation imposing definitive measures does not imply the annulment of the entire procedure prior to the adoption of the Regulation in question. On the other hand, according to Article 266 of the Treaty on the Functioning of the European Union, the institutions of the European Union are obliged to comply with the judgment of 17 February 2011 of the General Court. Accordingly, the Union's institutions, in so complying with the judgment, have the possibility to remedy the aspects of the contested Regulation which led to its annulment (4). It must be noted that all other findings made in the contested Regulation, which are not affected as a consequence of the judgment, remain valid.

The Commission has thus decided to partially reopen the anti-dumping investigation concerning imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China in order to implement the abovementioned Court judgment as far as Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd are concerned.

2.   Procedure

Having determined, after consulting the Advisory Committee, that a partial reopening of the anti-dumping investigation is justified, the Commission hereby partially reopens the anti-dumping investigation concerning imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China initiated pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (5) (‘the basic Regulation’) by a notice published in the Official Journal of the European Union  (6).

As stated above, the Commission has lodged an appeal. The appeal is limited to the scope of the operative part of the judgment in so far as it annulled the duty, whereas it was undisputed that the legal flaw in question could only have had a limited impact on the duty level, if any. Therefore, since the appeal does not concern the grounds of the judgement, the Commission is considering whether it would be appropriate to already draw certain consequences from the legal errors identified by the General Court before the Court of Justice rules on the appeal. Moreover, the Commission also will examine whether the legal errors identified by the General Court, and described in the previous paragraph, can already be remedied before the ruling of the Court of Justice.

The reopening is limited in scope to the implementation of the abovementioned judgment as far as Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd are concerned.

All interested parties are hereby invited to make their views known, submit information and provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 3(a).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 3(b).

3.   Time limits

(a)   For parties to make themselves known and to submit information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit any information within 20 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on a party making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 20-day time limit.

4.   Written submissions and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (7) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

5.   Non-cooperation

In cases in which 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 in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

6.   Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Union institutions and bodies and on the free movement of such data (8).

7.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of the Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details interested parties may consult the Hearing Officer's web pages of the website of the Directorate-General for Trade (http://ec.europa.eu/trade).


(1)  OJ L 350, 30.12.2008, p. 35.

(2)  C-195/11 P.

(3)  Case T-2/95 Industrie des poudres sphériques (IPS) v Council (1998) ECR II-3939.

(4)  Case C-458/98 P Industrie des poudres sphériques (IPS) v Council (2000) ECR I-08147.

(5)  OJ L 343, 22.12.2009, p. 51.

(6)  OJ C 246, 20.10.2007, p. 15.

(7)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document 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).

(8)  OJ L 8, 12.1.2001, p. 1.


PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

3.12.2011   

EN

Official Journal of the European Union

C 353/18


Prior notification of a concentration

(Case COMP/M.6412 — Evraz/Alrosa/Mining and Metallurgical Company Timir JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 353/11

1.

On 24 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Evraz Group SA (‘Evraz’, Luxembourg) and Open Joint Stock Company Alrosa (‘Alrosa’, Russian Federation), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Open Joint Stock Mining and Metallurgical Company Timir (‘Timir’, Russian Federation) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

for Evraz: mining of iron ore and coking coal and the production of steel and vanadium,

for Alrosa: diamond exploration, mining, recovery, valuation, cutting and polishing of rough diamonds, jewellery manufacturing, generation of electricity, extraction and supply of oil and natural gas to support its diamond operations,

for Timir: development of a greenfield iron ore mining project in Siberia.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6412 — Evraz/Alrosa/Mining and Metallurgical Company Timir JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË


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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).


OTHER ACTS

European Commission

3.12.2011   

EN

Official Journal of the European Union

C 353/19


Publication of an amendment application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2011/C 353/12

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months of the date of this publication.

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

AMENDMENT APPLICATION ACCORDING TO ARTICLE 9

‘OBERPFÄLZER KARPFEN’

EC No: DE-PGI-0105-0191-29.07.2010

PGI ( X ) PDO ( )

1.   Heading in the product specification affected by the amendment:

Name of product

Description of product

Geographical area

Image

Proof of origin

Image

Method of production

Link with the geographical area

Labelling

National requirements

Image

Other (inspection bodies)

2.   Type of amendment(s):

Image

Amendment to single document or summary sheet

Amendment to specification of registered PDO or PGI for which neither the single document nor the summary sheet has been published

Amendment to specification that requires no amendment to the published single document (Article 9(3) of Regulation (EC) No 510/2006)

Temporary amendment to specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s):

Amendments requested:

3.1.

(d)   Proof of origin:

The sentence ‘ “Oberpfälzer Karpfen” is bred from the egg to the finished table fish in the Upper Palatinate itself’ is deleted.

3.2.

(e)   Method of production:

The first sentence is deleted and replaced as follows:

‘During the rearing process, “Oberpfälzer Karpfen” must spend at least one growing season, starting in April in the third production year from fry C2 to sale as table fish (at least C3), in the defined geographical area.’

Explanation:

 

The current specification provides for an extensive guarantee of origin spanning all production stages from the egg onwards, resulting in disproportionate and impractical control requirements. This was not taken into account when the initial application was submitted.

 

The third and any subsequent growing seasons from two-summer fry (C2) to at least three-summer table fish (at least C3) are the decisive phases in the production of ‘Oberpfälzer Karpfen’. Carp sold for consumption is generally three-summer carp. During the third growing season from C2 to C3, there is a 3,6-fold weight increase on average. Muscle is formed predominantly from this phase onwards, thus producing the edible part of the carp. The quality of the ponds, farming and feeding — i.e. the conditions set out in the specification — have a decisive impact during the third and any subsequent phases on the quality of the meat and its distinctive taste.

3.3.

(g)   Inspection bodies:

Name:

Bayerische Landesanstalt für Landwirtschaft

Institut für Ernährung und Markt

Address:

Menzinger Straße 54

80638 München

DEUTSCHLAND

Tel.

Fax

E-mail:

Name:

Bayerisches Staatsministerium für Umwelt und Gesundheit

Address:

Rosenkavalierplatz 2

81925 München

DEUTSCHLAND

Tel.

Fax

E-mail:

Explanation:

The name and address of the state departments responsible for producer and abuse controls are to be updated.

The reference to Lacon GmbH is to be deleted. Producers can currently choose between several authorised control bodies in Bavaria.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘OBERPFÄLZER KARPFEN’

EC No: DE-PGI-0105-0191-29.07.2010

PGI ( X ) PDO ( )

1.   Name:

‘Oberpfälzer Karpfen’

2.   Member State or third country:

Germany

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

Class 1.7 —

Fresh fish, molluscs and crustaceans and products derived therefrom

3.2.   Description of the product to which the name in point 1 applies:

Table carp live, slaughtered or processed into smoked fish (also in cuts such as fillets or cutlets) and finished products; minimum weight of individual live fish: 1 000 g; form: elongated. The meat is white, firm, tasty and low in fat with a unique flavour.

3.3.   Raw materials (for processed products only):

Processed products must be produced from ‘Oberpfälzer Karpfen’ which have spent at least one growing season, starting in April in the third production year from fry C2 to sale as table fish (at least C3), in the defined geographical area. C2 designates carp which have spent two summers in the pond, and C3 designates carp which have spent three summers (full growth period) in the pond.

3.4.   Feed (for products of animal origin only):

The carp feed predominantly on what is naturally available (bottom nutrients, zooplankton, etc.), with cereals added (but not maize) from local farms.

3.5.   Specific steps in production that must take place in the defined geographical area:

‘Oberpfälzer Karpfen’ must spend at least one growing season, starting in April in the third production year from fry C2 to sale as table fish (at least C3), in the defined geographical area.

3.6.   Specific rules concerning slicing, grating, packaging, etc.:

3.7.   Specific rules concerning labelling:

4.   Concise definition of the geographical area:

Government region of Oberpfalz (Upper Palatinate)/Bavaria

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

‘Oberpfälzer Karpfen’ is a product of traditional pond farming with a history going back several centuries. Carp pond farming in the Upper Palatinate started in the Cistercian monastery in Waldsassen (founded in 1132), was at its height in the 15th century and underwent a renaissance in the 20th century. Today carp pond farming is practised on about 3 000 farms in the Upper Palatinate, with a pond surface area of approx. 10 000 ha, and is thus one of the leading areas in Germany, representing a major economic factor in the structurally weak Upper Palatinate area.

As a result of the specific geographical and climate conditions (elevation, soil substrate, water quality, etc.), the Upper Palatinate is distinct from other pond farming regions. The region is characterised by relatively low temperatures and slightly acid soils.

5.2.   Specificity of the product:

The meat of ‘Oberpfälzer Karpfen’ is white, firm, tasty and low in fat with a unique flavour. The product is traditionally highly regarded by consumers.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI):

The relatively low temperatures, and the weather conditions and slightly acid soils conducive to extensive farming, coupled with moderate use of natural feed supplements, lead to slower fish growth and the typical lean, firm meat. Through the food chain, the meat quality is also influenced by the soil substrate and water properties. The qualities of ‘Oberpfälzer Karpfen’ are thus closely linked to its geographical origin and, continuing the centuries-old tradition of pond farming in the Upper Palatinate, contribute to the reputation traditionally enjoyed by this product.

Reference to publication of the specification:

(Article 5(7) of Regulation (EC) No 510/2006)

Markenblatt Vol. 07 of 19 February 2010, Part 7a-bb, p. 2507

http://register.dpma.de/DPMAregister/geo/detail.pdfdownload/11251


(1)  OJ L 93, 31.3.2006, p. 12.