17.12.2011

EN

Official Journal of the European Union

C 369/1

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MONETARY AGREEMENT

between the European Union and the Principality of Andorra

2011/C 369/01

THE EUROPEAN UNION, represented by the European Commission,

and

THE PRINCIPALITY OF ANDORRA,

Whereas:

(1)	On 1 January 1999, the euro replaced the currency of each Member State participating in the third stage of Economic and Monetary Union, among which Spain and France, pursuant to Council Regulation (EC) No 974/98 of 3 May 1998.

(2)

Prior to this Agreement, the Principality of Andorra did not have an official currency, nor had it concluded a monetary agreement with any Member State or third country. Spanish and French banknotes and coins were used de facto in Andorra and were replaced by euro banknotes and coins as from 1 January 2002. The Principality of Andorra has also issued some collector coins denominated in diners.

(3)

In accordance with the present Monetary Agreement, the euro shall be the official currency of the Principality of Andorra. The Principality of Andorra will thus have the right to issue euro coins and the obligation to grant legal tender status euro banknotes and coins issued by the Eurosystem and the Member States which have adopted the euro. The Principality of Andorra should ensure that European Union rules on banknotes and coins denominated in euros — including those related to the protection of the euro against counterfeiting — are applicable within its territory.

(4)

The Principality of Andorra has a significant banking sector which operates in close connection with that of the euro area. Relevant EU banking and financial legislation, legislation concerning the prevention of money laundering, the prevention of fraud and counterfeiting of non-cash means of payment, and statistical reporting requirements should therefore be made progressively applicable to the Principality of Andorra with a view to ensuring a more level playing field.

(5)	This Agreement does not impose any obligation on the ECB and national central banks to include the financial instruments of the Principality of Andorra in the list(s) of securities eligible for monetary policy operations of the Eurosystem.

(6)

A Joint Committee composed of representatives of the Principality of Andorra and of the European Union should be established in order to examine the application of this Agreement, decide the annual ceiling for coin issuance and assess the measures taken by the Principality of Andorra for implementing relevant EU legislation. The delegation of the European Union should be composed of representatives of the European Commission, the Kingdom of Spain, the French Republic and the European Central Bank.

(7)	The Court of Justice of the European Union should be the body in charge of settling any disputes which may arise from the application of the Agreement,

HAVE AGREED AS FOLLOWS:

Article 1

The Principality of Andorra shall be entitled to use the euro as its official currency in accordance with Regulations (EC) No 1103/97 and (EC) No 974/98. The Principality of Andorra shall grant legal tender status to euro banknotes and coins.

Article 2

1.   The Principality of Andorra shall not issue banknotes. The conditions for issuing euro coins as from 1 July 2013 are laid down in the following Articles.

2.   The right to issue euro coins as of 1 July 2013 is subordinated to:

(a)	the prior adoption by the Principality of Andorra of all the EU legal acts and rules listed in the Annex to the present Agreement for which there is a transposition deadline of 12 or 18 months, from the entry into force of this Agreement;

(b)

the signature by the Principality of Andorra of the International Organization of Securities Commissions’ Multilateral Memorandum of Understanding concerning Consultation, Cooperation and the Exchange of Information within a deadline of at most 18 months, from the entry into force of this Agreement.

Article 3

The annual ceiling (in value terms) for the issuance of euro coins by the Principality of Andorra shall be calculated by the Joint Committee established by the present Agreement as the sum of:

—

a fixed part, whose initial amount for 2013 is set at EUR 2 342 000. The Joint Committee may revise annually the fixed part with a view to taking into account both inflation — on the basis of euro-area HICP inflation in the previous 12 months — and possible significant trends affecting the euro coins collector market,

—	a variable part, corresponding to the average per capita coin issuance of the euro area in the previous 12 months multiplied by the number of inhabitants of the Principality of Andorra.

Article 4

1.   Euro coins issued by the Principality of Andorra shall be identical to those issued by the Member States of the European Union which have adopted the euro as far as the face value, legal tender status, technical characteristics, artistic features of the common side and shared artistic features of the national side are concerned.

2.   The Principality of Andorra shall notify in advance the draft national sides of its euro coins to the European Commission, which shall check their compliance with the EU rules.

Article 5

1.   Euro coins issued by the Principality of Andorra shall be minted by the EU Mint experienced in striking euro coins of its choice. The Joint Committee should be informed of any change of contractor.

2.   At least 80 % of euro coins intended for circulation shall be put into circulation at face value. The Joint Committee may decide to increase this proportion.

3.   The issuance of euro collector coins by the Principality of Andorra shall be in accordance with the European Union guidelines laid down for euro collector coins, which, inter alia, require the adoption of technical characteristics, artistic features and denominations that enable euro collector coins to be distinguished from coins intended for circulation.

Article 6

1.   Half of the volume of euro coins issued by the Principality of Andorra shall be added to the volume of coins issued by the Kingdom of Spain and the other half to the volume of coins issued by the French Republic for the purposes of European Central Bank approval of the total volume of the issue by the Kingdom of Spain and the French Republic in accordance with Article 128(2) of the Treaty on the Functioning of the European Union.

2.   No later than 1 September each year, the Principality of Andorra shall notify the European Commission, the Kingdom of Spain and the French Republic of the total face value of the euro coins that it intends to issue during the following year. The Principality of Andorra shall also inform the European Commission about the intended conditions of issuance of these coins, in particular the proportion of collector coins and the detailed arrangements for the introduction of circulation coins.

Article 7

1.   This Agreement does not prejudice the right of the Principality of Andorra to continue issuing collector coins denominated in diners.

2.   Collector coins denominated in diners issued by the Principality of Andorra shall not be legal tender in the European Union.

Article 8

1.   The Principality of Andorra shall undertake to adopt all appropriate measures, through direct transposition or possibly equivalent actions, with a view to implementing the EU legal acts and rules listed in the Annex to this Agreement, in the field of:

(a)	euro banknotes and coins;

(b)	banking and financial law, in particular in relation to the activity and supervision of the institutions concerned;

(c)

prevention of money laundering, prevention of fraud and counterfeiting of cash and non-cash means of payment (for which a cooperation agreement should be signed with Europol), medals and tokens and statistical reporting requirements. Regarding legislation on the collection of statistical information, the detailed rules of implementation and the technical adaptations (including the appropriate derogations taking into account the specific status of Andorra) shall be agreed with the European Central Bank no later than 18 months before the required start of the statistical reporting;

(d)	the measures necessary for the use of the euro as a single currency adopted under Article 133 of the Treaty on the Functioning of the European Union.

2.   The legal acts and rules referred to in paragraph 1 shall be implemented by the Principality of Andorra by the deadlines specified in the Annex.

3.   The Principality of Andorra may request technical assistance — in particular on the compilation and collection of statistical information — to facilitate implementation of relevant EU legislation of the entities constituting the delegation of the European Union.

4.   The Annex shall be amended by the Commission once a year or more often if deemed appropriate, with a view to taking into account new relevant EU legal acts and rules and amendments to existing ones. The Joint Committee shall thereafter decide on appropriate and reasonable deadlines for the implementation by the Principality of Andorra of the new legal acts and rules added to the Annex.

5.   The Joint Committee may, in exceptional cases, revise an existing deadline specified in the Annex.

6.   The updated Annex shall be published in the Official Journal of the European Union.

Article 9

Credit institutions and, where appropriate, other financial institutions authorised to carry out their activities in the territory of the Principality of Andorra may have access to interbank settlement and payment and securities settlement systems in the euro area under appropriate terms and conditions to be determined by the relevant authorities in Spain or the relevant authorities in France, in agreement with the European Central Bank.

Article 10

1.   The Court of Justice of the European Union shall have exclusive competence for settling any dispute between the parties, which may arise from the application of this Agreement, and which has not been solved within the Joint Committee.

2.   If the European Union, represented by the European Commission and acting on a recommendation by the EU delegation in the Joint Committee, or the Principality of Andorra considers that the other Party has not fulfilled an obligation under this Agreement, it may bring the matter before the Court of Justice. The judgment of the Court shall be binding on the Parties, which shall take the necessary measures to comply with the judgment within a period to be decided by the Court in its judgment and shall not be subject to an appeal procedure.

3.   In the event that the European Union or the Principality of Andorra fails to take the necessary measures to comply with the judgment within the specified period, the other Party may terminate the Agreement subject to three months’ notice.

Article 11

1.   A Joint Committee shall be established. It shall be composed of representatives of the Principality of Andorra and of the European Union. The delegation of the European Union shall be composed of representatives of the European Commission (holding the chairmanship), the Kingdom of Spain and the French Republic, together with representatives of the European Central Bank.

2.   The Joint Committee shall meet at least once a year. The Chair shall rotate on an annual basis between a representative of the European Union and a representative of the Principality of Andorra. The Joint Committee shall adopt its decisions unanimously.

3.   The Joint Committee shall exchange views and information and adopt the decisions referred to in Articles 3 and 8. In particular, the delegation of the European Union shall inform the Principality of Andorra of any European Union legislative initiatives that fall within the scope of Article 8. Furthermore, the Joint Committee shall examine the measures taken by the Principality of Andorra and shall endeavour to solve any disputes resulting from the implementation of this Agreement.

4.   The European Union shall be the first to chair the Joint Committee upon the entry into force of this Agreement, as laid down in Article 13.

Article 12

Without prejudice to Article 10(3), each Party may terminate this Agreement subject to one year’s notice.

Article 13

This Agreement shall enter into force on the first day of the second month following the date on which both Parties have notified each other that their ratification procedures have been completed in accordance with the rules applicable to each Party.

Article 14

This Agreement shall be concluded and signed in four languages: Catalan, French, English and Spanish, with the text in each of these languages considered equally authentic.

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17.12.2011

EN

Official Journal of the European Union

C 369/14

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Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents

2011/C 369/02

Pursuant to Article 288 TFEU, ‘A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods’.

Member States and the Commission recognise that the effective implementation of Union law is a prerequisite for achieving the policy objectives of the Union and that, whilst the responsibility for such implementation lies primarily with Member States, it is a matter of common interest since it aims, inter alia, to create a level playing field in all Member States.

Member States and the Commission acknowledge that the correct and timely transposition of Union directives is a legal obligation. They note that the Treaties entrust the Commission with the task of overseeing the application of Union law under the supervision of the Court of Justice and share the common understanding that the notification of transposition measures should facilitate the achievement by the Commission of this task.

In this context, Member States acknowledge that the information they supply to the Commission as regards the transposition of directives in national law ‘must be clear and precise’ and ‘must indicate unequivocally the laws, regulations and administrative provisions’, or any other provisions of national law, as well as, where relevant, the jurisprudence of national courts, by means of which the Member States consider that they have satisfied the various requirements imposed on them by the directive (1).

In order to improve the quality of information on the transposition of Union directives, where the Commission considers that documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments are required, it shall justify on a case by case basis, when submitting the relevant proposals, the need for, and the proportionality of, providing such documents, taking into account, in particular and respectively, the complexity of the directive and of its transposition, as well as the possible additional administrative burden.

In justified cases, Member States undertake to accompany the notification of transposition measures with one or more explanatory documents, which can take the form of correlation tables or other documents serving the same purpose.

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(1)  See Judgment of the Court of Justice of 16 July 2009 in case C-427/07, point 107 and the case-law cited therein.

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17.12.2011

EN

Official Journal of the European Union

C 369/15

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Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents

2011/C 369/03

The institutions acknowledge that the information Member States supply to the Commission as regards the transposition of directives in national law ‘must be clear and precise’ (1), in order to facilitate the achievement by the Commission of its task of overseeing the application of Union law.

Against this background, the European Parliament and the Council welcome the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011.

Consequently, where the need for, and the proportionality of, the transmission of such documents is justified in accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, the Institutions agree to include the following recital in the directive concerned:

By 1 November 2013, the Commission will report to the European Parliament and to the Council on the implementation of the two Joint Political Declarations on explanatory documents.

The Institutions undertake to apply these principles as from 1 November 2011 to new and pending directive proposals, with the exception of those on which the European Parliament and the Council have already reached an agreement.

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(1)  See Judgment of the Court of Justice of 16 July 2009 in case C-427/07, point 107 and the case-law cited therein.

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17.12.2011

EN

Official Journal of the European Union

C 369/16

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Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2010/788/CFSP, as implemented by Council Implementing Decision 2011/848/CFSP, apply

2011/C 369/04

THE COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2010/788/CFSP, as implemented by Council Implementing Decision 2011/848/CFSP (1).

The United Nations Security Council has designated the persons that should be included in the list of persons and entities subject to the measures imposed by paragraphs 13 and 15 of Resolution 1596 (2005), as renewed by paragraph 3 of Resolution 1952 (2010).

The persons and entities concerned may submit at any time a request to the UN Committee established pursuant to paragraph 8 of UNSCR 1533 (2004), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such a request should be sent to the following address:

United Nations — Focal point for delisting

Security Council Subsidiary Organs Branch

Room S-3055 E

New York, NY 10017

UNITED STATES OF AMERICA

See for more information at: http://www.un.org/sc/committees/751/comguide.shtml

Further to the UN decision, the Council of the European Union has determined that the persons that appear in the above-mentioned Annex should be included in the list of persons and entities which are subject to the restrictive measures provided for in Council Decision 2010/788/CFSP as implemented by Council Implementing Decision 2011/848/CFSP. The grounds for designation of the persons concerned appear in the relevant entries in Annex to the Council Decision.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Regulation (EC) No 1183/2005, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, to the address provided above.

The attention of the persons concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

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(1)  OJ L 335, 17.12.2011, p. 83.

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17.12.2011

EN

Official Journal of the European Union

C 369/17

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Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2010/639/CFSP, as implemented by Council Implementing Decision 2011/847/CFSP, and in Council Regulation (EC) No 765/2006, as implemented by Council Implementing Regulation (EU) No 1320/2011 concerning restrictive measures against Belarus apply

2011/C 369/05

COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of persons that appear in Annex IIIA to Council Decision 2010/639/CFSP, as amended by Council Decision 2011/847/CFSP (1), and in Annex IA to Council Regulation (EC) No 765/2006, as implemented by Council Implementing Regulation (EU) No 1320/2011 (2) concerning restrictive measures against Belarus.

The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Decision 2010/639/CFSP and in Regulation (EC) No 765/2006 concerning restrictive measures against Belarus. The grounds for designations of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

Council of the European Union

General Secretariat

DG K Coordination Unit

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.

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(1)  OJ L 335, 17.12.2011, p. 81.

(2)  OJ L 335, 17.12.2011, p. 15.

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17.12.2011

EN

Official Journal of the European Union

C 369/18

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Euro exchange rates (1)

16 December 2011

2011/C 369/06

1 euro =

	Currency	Exchange rate
USD	US dollar	1,3064
JPY	Japanese yen	101,70
DKK	Danish krone	7,4336
GBP	Pound sterling	0,84055
SEK	Swedish krona	9,0337
CHF	Swiss franc	1,2249
ISK	Iceland króna
NOK	Norwegian krone	7,7815
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,343
HUF	Hungarian forint	303,38
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,6975
PLN	Polish zloty	4,4891
RON	Romanian leu	4,3345
TRY	Turkish lira	2,4520
AUD	Australian dollar	1,3060
CAD	Canadian dollar	1,3497
HKD	Hong Kong dollar	10,1673
NZD	New Zealand dollar	1,7106
SGD	Singapore dollar	1,7004
KRW	South Korean won	1 512,33
ZAR	South African rand	10,9181
CNY	Chinese yuan renminbi	8,2698
HRK	Croatian kuna	7,5135
IDR	Indonesian rupiah	11 805,04
MYR	Malaysian ringgit	4,1485
PHP	Philippine peso	57,234
RUB	Russian rouble	41,5810
THB	Thai baht	40,903
BRL	Brazilian real	2,4085
MXN	Mexican peso	18,0479
INR	Indian rupee	68,8470

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

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17.12.2011

EN

Official Journal of the European Union

C 369/19

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Notice of initiation of an anti-dumping proceeding concerning imports of white phosphorus, also called elemental or yellow phosphorus, originating in Kazakhstan

2011/C 369/07

The European Commission (‘the Commission’) has received a complaint 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 (1) (‘the basic Regulation’), alleging that imports of white phosphorus, also called elemental or yellow phosphorus, originating in Kazakhstan, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 7 November 2011 by Thermphos International BV (‘the complainant’), the sole producer in the Union of white phosphorus representing 100 % of the Union production thereof.

2.   Product under investigation

The product subject to this investigation is white phosphorus, also called elemental or yellow phosphorus (‘the product under investigation’).

3.   Allegation of dumping  (2)

The product allegedly being dumped is the product under investigation, originating in Kazakhstan (‘the country concerned’), currently falling within CN code ex 2804 70 00. This CN code is given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the country concerned is considered to be a non-market economy country and the complainant alleged that the United States of America, the only market economy third country apart from the European Union that has production of white phosphorous, would not be an appropriate market economy third country due to lack of sufficient competition in the market and lack of sufficient domestic sales or domestic sales made in the ordinary course of trade, the complainant established normal value for the imports from Kazakhstan on the basis of the price actually paid or payable in the Union for the like product, duly adjusted to include a reasonable profit margin. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

Despite considering the USA as an inappropriate market economy third country, the complainant has nevertheless also established normal value for imports from Kazakhstan on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in the USA. The allegation of dumping is therefore also based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On those bases the dumping margins calculated are significant for the country concerned.

4.   Allegation of injury

The complainant has provided evidence that imports of the product under investigation from the country concerned have increased overall in absolute terms and have increased in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have, among other consequences, had a negative impact on the quantities sold, the level of the prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the country concerned is being dumped and whether this dumping has caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1.    Procedure for the determination of dumping

Exporting producers (3) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

5.1.1.1.   Procedure for selecting exporting producers to be investigated in the country concerned

In order to obtain the information it deems necessary for its investigation with regard to exporting producers in Kazakhstan, the Commission will send questionnaires to the known exporting producers in the country concerned, to any known association of exporting producers, and to the authorities of the country concerned. All exporting producers and associations of exporting producers are invited to contact the Commission, preferably by e-mail, immediately, but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make themselves known and to request a questionnaire.

The exporting producers and, where applicable, the associations of exporting producers must submit the completed questionnaire within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.

The questionnaire will contain information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation to the Union.

5.1.2.   Additional procedure with regard to exporting producers in the non-market economy country concerned

5.1.2.1.   Selection of a Market Economy Third Country

Subject to the provisions of section 5.1.2.2 below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned normal value shall be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission shall select an appropriate market economy third country. The Commission has provisionally chosen the United States of America. Given the possibility that the USA is an inappropriate market economy third country, the Commission intends to determine normal value on the basis of the price actually paid in the Union, duly adjusted to include a reasonable profit margin. Interested parties are hereby invited to comment on the appropriateness of these choices within 10 days of the date of publication of this notice in the Official Journal of the European Union.

5.1.2.2.   Treatment of exporting producers in the non-market economy country concerned

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated claim to this effect (‘MET claim’). Market economy treatment (‘MET’) will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (4) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

Individual exporting producers in the country concerned may also, or as an alternative, claim individual treatment (‘IT’). To be granted IT these exporting producers must provide evidence that they fulfil the criteria set out in Article 9(5) of the basic Regulation (5). The dumping margin of the exporting producers granted IT will be calculated on the basis of their own export prices. The normal value for exporting producers granted IT will be based on the values established for the market economy third country selected as outlined above.

(a)   Market economy treatment (MET)

The Commission will send MET claim forms to all known exporting producers in the country concerned to any known association of exporting producers, as well as to the authorities of the country concerned. Any exporting producers wishing to apply for MET should request the MET claim form from the Commission no later than 10 days after the publication of this notice in the Official Journal of the European Union. All exporting producers claiming MET should submit the completed MET claim form within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.

(b)   Individual treatment (IT)

To apply for IT, exporting producers in the country concerned should submit the MET claim form with the sections relevant for IT duly completed within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified.

5.1.3.   Investigating unrelated importers  (6)  (7)

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties should do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the following information on their company or companies:

—	name, address, e-mail address, telephone and fax numbers and contact person,

—	the precise activities of the company with regard to the product under investigation,

—	total turnover during the period from 1 January 2011 until 31 December 2011

—	the volume in tonnes and value in EUR of imports into and resales made on the Union (8) market during the period from 1 January 2011 until 31 December 2011 of the imported product under investigation originating in the country concerned,

—	the names and the precise activities of all related companies (9) involved in the production and/or sales of the product under investigation,

—	any other relevant information that would assist the Commission in the selection of the sample.

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

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

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

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

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation and on the sales of the product under investigation.

5.2.    Procedure for the determination of injury

Injury means material injury to the Union industry, or threat of material injury to the industry, or material retardation of the establishment of such an industry. A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

5.2.1.   Investigating Union producers

In order to obtain the information it deems necessary for its investigation with regard to Union producers the Commission will send questionnaires to the known Union producers or representative Union producers and to any known association of Union producers.

The aforementioned Union producers and the associations of Union producers must submit the completed questionnaire within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production and the sales of the product under investigation.

Any Union producer and association of Union producers not listed above is invited to contact the Commission immediately, preferably by e-mail,, but no later than 15 days after the publication of this notice in the Official Journal of the European Union, unless otherwise specified, in order to make itself known and request a questionnaire.

5.3.    Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.4.    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 should reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.

5.5.    Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.6.    Instructions for making written submissions and sending completed questionnaires and correspondence

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited (10)’.

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

Interested parties are required to make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any Powers of Attorney, signed certifications, and any updates thereof, accompanying MET and IT claim forms or questionnaire replies shall be submitted on paper, i.e. by post or by hand, at the address below. Pursuant to Article 18(2) of the basic Regulation if an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22985353

E-mail dumping: trade-yp4-dumping@ec.europa.eu

E-mail injury: trade-yp4-injury@ec.europa.eu

6.   Non-cooperation

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

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

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

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer of Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among others, to dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

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/tackling-unfair-trade/hearing-officer/index_en.htm

8.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (11).

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(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Dumping is the practice of selling a product for export (‘the product concerned’) at a price below its ‘normal value’. The normal value is usually taken to be a comparable price for the ‘like’ product on the domestic market of the country concerned. The term ‘like product’ is interpreted to mean a product which is alike in all respects to the product concerned or, in the absence of such a product, a product which closely resembles the product.

(3)  An exporting producer is any company in the country concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned.

(4)  The exporting producers have to demonstrate in particular that: (i) business decisions and costs are made in response to market conditions and without significant State interference; (ii) firms have one clear set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes; (iii) there are no significant distortions carried over from the former non-market economy system; (iv) bankruptcy and property laws guarantee legal certainty and stability and (v) exchange rate conversions are carried out at market rates.

(5)  The exporting producers have to demonstrate in particular that: (i) in the case of wholly or partly foreign owned firms or joint ventures, exporters are free to repatriate capital and profits; (ii) export prices and quantities and conditions and terms of sale are freely determined; (iii) the majority of the shares belong to private persons. State officials appearing on the Board of Directors or holding key management positions shall either be in a minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference; (iv) exchange rate conversions are carried out at the market rate and (v) State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty.

(6)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. For the definition of a related party see footnote 9.

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

(8)  The 27 Member States of the European Union are: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

(9)  In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognized partners in business; (c) they are employer and employee; (d) any person 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 directly or indirectly control a third person; or (h) they are members of the same family. 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. (OJ L 253, 11.10.1993, p. 1). In this context ‧person‧ means any natural or legal person.

(10)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(11)  OJ L 8, 12.1.2001, p. 1.

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17.12.2011

EN

Official Journal of the European Union

C 369/25

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Corrigendum to the Commission communication in the framework of the implementation of the Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC

( Official Journal of the European Union C 338 of 18 November 2011 )

2011/C 369/08

On page 22:

for:

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