ISSN 1977-091X |
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Official Journal of the European Union |
C 355 |
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English edition |
Information and Notices |
Volume 58 |
Notice No |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2015/C 355/01 |
Non-opposition to a notified concentration (Case M.7625 — ADM/AOR) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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Council |
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2015/C 355/02 |
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European Commission |
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2015/C 355/03 |
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2015/C 355/04 |
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2015/C 355/05 |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
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European Commission |
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2015/C 355/06 |
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2015/C 355/07 |
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OTHER ACTS |
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European Commission |
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2015/C 355/08 |
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(1) Text with EEA relevance |
EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/1 |
Non-opposition to a notified concentration
(Case M.7625 — ADM/AOR)
(Text with EEA relevance)
(2015/C 355/01)
On 7 September 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
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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, |
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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7625. EUR-Lex is the online access to European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/2 |
Notice for the attention of the persons to whom measures provided for in Council Decision 2010/638/CFSP, as amended by Council Decision (CFSP) 2015/1923 and in Council Regulation (EU) No 1284/2009 concerning restrictive measures against the Republic of Guinea apply
(2015/C 355/02)
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2010/638/CFSP (1), as amended by Council Decision (CFSP) 2015/1923 (2), and in Annex II to Council Regulation (EU) No 1284/2009 (3).
The Council of the European Union has determined that the persons that appear in the abovementioned Annexes continue to fulfil the criterion set out in Decision 2010/638/CFSP and in Regulation (EU) No 1284/2009 concerning restrictive measures against the Republic of Guinea and should therefore remain subject to the measures as renewed by Decision (CFSP) 2015/1923.
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 websites in Annex III to Regulation (EU) No 1284/2009, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 8 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation before 30 June 2016, that the decision to include them on the abovementioned list should be reconsidered, to the following address:
Council of the European Union |
General Secretariat |
DG C 1C |
Rue de la Loi/Wetstraat 175 |
1048 Bruxelles/Brussel |
BELGIQUE/BELGIË |
Email: sanctions@consilium.europa.eu |
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.
(1) OJ L 280, 26.10.2010, p. 10.
(2) OJ L 281, 27.10.2015, p. 9.
(3) OJ L 346, 23.12.2009, p. 26.
European Commission
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/3 |
Euro exchange rates (1)
26 October 2015
(2015/C 355/03)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,1011 |
JPY |
Japanese yen |
133,26 |
DKK |
Danish krone |
7,4603 |
GBP |
Pound sterling |
0,71840 |
SEK |
Swedish krona |
9,3814 |
CHF |
Swiss franc |
1,0823 |
ISK |
Iceland króna |
|
NOK |
Norwegian krone |
9,2260 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
27,088 |
HUF |
Hungarian forint |
310,17 |
PLN |
Polish zloty |
4,2678 |
RON |
Romanian leu |
4,4367 |
TRY |
Turkish lira |
3,1774 |
AUD |
Australian dollar |
1,5182 |
CAD |
Canadian dollar |
1,4482 |
HKD |
Hong Kong dollar |
8,5335 |
NZD |
New Zealand dollar |
1,6244 |
SGD |
Singapore dollar |
1,5347 |
KRW |
South Korean won |
1 247,38 |
ZAR |
South African rand |
14,9430 |
CNY |
Chinese yuan renminbi |
6,9943 |
HRK |
Croatian kuna |
7,6265 |
IDR |
Indonesian rupiah |
14 989,96 |
MYR |
Malaysian ringgit |
4,6521 |
PHP |
Philippine peso |
51,308 |
RUB |
Russian rouble |
68,8030 |
THB |
Thai baht |
39,034 |
BRL |
Brazilian real |
4,2481 |
MXN |
Mexican peso |
18,1891 |
INR |
Indian rupee |
71,4685 |
(1) Source: reference exchange rate published by the ECB.
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/4 |
COMMISSION DECISION
of 26 October 2015
recognising the Department of Environment, Government of Nunavut in accordance with Article 3 of Commission Implementing Regulation (EU) 2015/1850 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products
(2015/C 355/04)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Commission Implementing Regulation (EU) 2015/1850 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products (1), and in particular Article 3(1) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 737/2010 (2) sets out the conditions under which seal products resulting from hunts by Inuit or other indigenous communities and seal products from marine resources management may be placed on the Union market. |
(2) |
Any placing on the market of such products has to be accompanied by a document from a recognised body attesting that the conditions set out in Regulation (EU) No 737/2010 have been met. |
(3) |
On 30 July 2015 the Commission adopted a Decision (3) recognising the Department of Environment, Government of Nunavut in accordance with Article 6 of Regulation (EU) No 737/2010. |
(4) |
Regulation (EU) 2015/1775 of the European Parliament and of the Council (4) amended Article 3 of Regulation (EC) No 1007/2009 of the European Parliament and of the Council (5), which sets out the conditions under which seal products resulting from hunts by Inuit or other indigenous communities may be placed on the Union market. |
(5) |
Regulation (EU) 2015/1775 repealed Regulation (EU) No 737/2010 with effect from the date of application of Implementing Regulation (EU) 2015/1850. |
(6) |
On 12 October 2015 the Commission received a request accompanied by documentary evidence, from the Department of Environment, Government of Nunavut, dated 9 October, to be re-authorised as a recognised body in light of the amendments to Article 3 of Regulation (EC) No 1007/2009. |
(7) |
The Commission, having carried out an assessment of the accompanying documentary evidence submitted to determine whether the requirements for recognising bodies under Implementing Regulation (EU) 2015/1850 in light of the amendments to Article 3 of Regulation (EC) No 1007/2009 have been met, is satisfied that the Department of Environment, Government of Nunavut fulfils the requirements under Article 3(1)(b) and (e) of Implementing Regulation (EU) 2015/1850. |
(8) |
The Department of Environment, Government of Nunavut should therefore be granted the requested recognition, |
HAS DECIDED AS FOLLOWS:
Article 1
The Department of Environment, Government of Nunavut is recognised in accordance with Article 3 of Implementing Regulation (EU) 2015/1850.
Article 2
The Director-General of the Directorate-General for Environment is instructed to ensure that the applicant is notified of this Decision and that the content of this Decision is published on the Commission’s website without delay.
Done at Brussels, 26 October 2015.
For the Commission
Member of the Commission
Karmenu VELLA
(1) OJ L 271, 16.10.2015, p. 1.
(2) Commission Regulation (EU) No 737/2010 of 10 August 2010 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products (OJ L 216, 17.8.2010, p. 1).
(3) http://ec.europa.eu/environment/biodiversity/animal_welfare/seals/pdf/c_2015_5253_en.pdf
(4) Regulation (EU) 2015/1775 of the European Parliament and of the Council of 6 October 2015 amending Regulation (EC) No 1007/2009 on trade in seal products and repealing Commission Regulation (EU) No 737/2010 (OJ L 262, 7.10.2015, p. 1).
(5) Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ L 286, 31.10.2009, p. 36).
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/6 |
COMMISSION DECISION
of 26 October 2015
recognising the Greenland Department of Fisheries, Hunting and Agriculture (APNN) in accordance with Article 3 of Commission Implementing Regulation (EU) 2015/1850 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products
(2015/C 355/05)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Commission Implementing Regulation (EU) 2015/1850 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products (1), and in particular Article 3(1) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 737/2010 (2) sets out the conditions under which seal products resulting from hunts by Inuit or other indigenous communities and seal products from marine resources management may be placed on the Union market. |
(2) |
Any placing on the market of such products has to be accompanied by a document from a recognised body attesting that the conditions set out in Regulation (EU) No 737/2010 have been met. |
(3) |
On 25 April 2013 the Commission adopted a Decision (3) recognising the Greenland Department of Fisheries, Hunting and Agriculture (APNN) in accordance with Article 6 of Regulation (EU) No 737/2010. |
(4) |
Regulation (EU) 2015/1775 of the European Parliament and of the Council (4) amended Article 3 of Regulation (EC) No 1007/2009 of the European Parliament and of the Council (5), which sets out the conditions under which seal products resulting from hunts by Inuit or other indigenous communities may be placed on the Union market. |
(5) |
Regulation (EU) 2015/1775 repealed Regulation (EU) No 737/2010 with effect from the date of application of Implementing Regulation (EU) 2015/1850. |
(6) |
On 28 September 2015 the Commission received a request, accompanied by documentary evidence, from the Greenland Department of Fisheries, Hunting and Agriculture (APNN), dated 24 September to be re-authorised as a recognised body in light of the amendments to Article 3 of Regulation (EC) No 1007/2009. |
(7) |
The Commission, having carried out an assessment of the accompanying documentary evidence submitted to determine whether the requirements for recognising bodies under Implementing Regulation (EU) 2015/1850 in light of the amendments to Article 3 of Regulation (EC) No 1007/2009 have been met, is satisfied that the Greenland Department of Fisheries, Hunting and Agriculture (APNN) fulfils requirements under Article 3(1)(b) and (e) of Implementing Regulation (EU) 2015/1850. |
(8) |
The Greenland Department of Fisheries, Hunting and Agriculture (APNN) should therefore be granted the requested recognition, |
HAS DECIDED AS FOLLOWS:
Article 1
The Greenland Department of Fisheries, Hunting and Agriculture (APNN) is recognised in accordance with Article 3 of Implementing Regulation (EU) 2015/1850.
Article 2
The Director-General of the Directorate-General for Environment is instructed to ensure that the applicant is notified of this Decision and that the content of this Decision is published on the Commission’s website without delay.
Done at Brussels, 26 October 2015.
For the Commission
Karmenu VELLA
Member of the Commission
(1) OJ L 271, 16.10.2015, p. 1.
(2) Commission Regulation (EU) No 737/2010 of 10 August 2010 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products (OJ L 216, 17.8.2010, p. 1).
(3) http://ec.europa.eu/environment/biodiversity/animal_welfare/seals/pdf/2013_2277_en.pdf
(4) Regulation (EU) 2015/1775 of the European Parliament and of the Council of 6 October 2015 amending Regulation (EC) No 1007/2009 on trade in seal products and repealing Commission Regulation (EU) No 737/2010 (OJ L 262, 7.10.2015, p. 1).
(5) Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ L 286, 31.10.2009, p. 36).
V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
European Commission
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/8 |
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain aluminium wheels originating in the People’s Republic of China
(2015/C 355/06)
Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain aluminium wheels originating in the People’s Republic of China, the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).
1. Request for review
The request was lodged on 16 July 2015 by the Association of European Wheels Manufacturers (EUWA) (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of certain aluminium wheels.
2. Product under review
The product subject to this review is aluminium road wheels of the motor vehicles of CN headings 8701 to 8705, whether or not with their accessories and whether or not fitted with tyres and originating in the People’s Republic of China (‘the product under review’), currently falling within CN code(s) ex 8708 70 10 and ex 8708 70 50 (TARIC codes 8708701010 and 8708705010).
3. Existing measures
The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EU) No 964/2010 (3).
4. Grounds for the review
The request is based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry.
4.1. Allegation of likelihood of continuation of dumping
Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China (‘the country concerned’) is considered to be a non-market economy country, the applicant established normal value for the imports from the country concerned on the basis of prices in a market economy third country, namely Turkey. The allegation of likelihood of continuation 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 review when sold for export to the Union.
On this basis the dumping margin calculated is significant for the country concerned.
4.2. Allegation of likelihood of recurrence of injury
The applicant alleges the likelihood of recurrence of injury. In this respect the applicant has provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity of the manufacturing facilities of the exporting producers in the country concerned.
The applicant finally alleges that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.
5. Procedure
Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.
The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.
5.1. Review investigation period and period considered
The investigation of a continuation or recurrence of dumping will cover the period from 1 October 2014 to 30 September 2015 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2012 to the end of the review investigation period (‘the period considered’).
5.2. Procedure for the determination of a likelihood of continuation or recurrence of dumping
Exporting producers (4) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.
5.2.1. Investigating exporting producers
5.2.1.1.
Sampling
In view of the potentially large number of exporting producers in the country concerned involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to this notice.
In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of exporting producers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the exporting producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers and to the authorities of the country concerned.
All exporting producers selected to be in the sample, will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.
Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’).
5.2.2. Additional procedure with regard to exporting producers in the non-market economy country concerned
5.2.2.1.
In accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned normal value will be determined on the basis of the price or constructed value in a market economy third country.
In the previous investigation Turkey was used as a market economy third country for the purpose of establishing normal value in respect of the country concerned. For the purpose of the current investigation, the Commission envisages using again Turkey. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union may be located, inter alia, in Thailand and Indonesia. The Commission will examine whether there are production and sales of the product under review in those market economy third countries for which there are indications that production of the product under review is taking place.
5.2.3. Investigating unrelated importers (5) (6)
Unrelated importers of the product under review from the country concerned to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company (ies) requested in Annex II to this notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review 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.
5.3 Procedure for the determination of a likelihood of a continuation or recurrence of injury
In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.
5.3.1. Investigating Union producers
In view of the large number of Union producers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 17 of the basic Regulation.
The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in Section 5.7 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation(s) leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.
All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known associations of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
5.4. Procedure for the assessment of Union interest
Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.
Parties that make themselves known within the 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.
5.5. Other written submissions
Subject to the provisions of this notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.
5.6. Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.
5.7. Instructions for making written submissions and sending completed questionnaires and correspondence
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing (a) the Commission to use the information and data for the purpose of this trade defence proceeding; and (b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.
All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).
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 must 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 information may be disregarded.
Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using eemailmail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided e-mail address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
European Commission |
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Directorate-General for Trade |
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Directorate H |
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Office: CHAR 04/039 |
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1040 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties’ rights of defence are being fully exercised.
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. 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 other things, to the likelihood of a continuation or recurrence of dumping and injury and Union interest.
For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/
8. Schedule of the investigation
The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.
9. Possibility to request a review under Article 11(3) of the basic Regulation
As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.
If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.
Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this notice, may contact the Commission at the address given above.
10. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).
(2) OJ L 343, 22.12.2009, p. 51.
(3) Council Implementing Regulation (EU) No 964/2010 of 25 October 2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium road wheels originating in the People’s Republic of China (OJ L 282, 28.10.2010, p. 1).
(4) An exporting producer is any company in the country concerned which produces and exports the product under review 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 under review.
(5) 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. 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 recognised 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.
(6) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.
(7) 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).
ANNEX I
ANNEX II
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/18 |
Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of Sodium Gluconate originating in the People's Republic of China
(2015/C 355/07)
Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of sodium gluconate originating in the People's Republic of China, the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’).
1. Request for review
The request was lodged on 1 July 2015 by Jungbunzlauer S.A. and Roquette Italia S.p.A. (‘the applicants’) on behalf of producers representing more than 25 % of the total Union production of sodium gluconate.
2. Product under review
The product subject to this review is dry sodium gluconate, with a Customs Union and Statistics (CUS) number 0023277-9 and a Chemical Abstracts Service (CAS) registry number 527-07-1 and originating in the People's Republic of China (‘the product under review’), currently falling within CN code ex 2918 16 00 (TARIC code 2918160010).
3. Existing measures
The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EU) No 965/2010 (3).
4. Grounds for the review
The request is based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and continuation or recurrence of injury to the Union industry.
4.1. Allegation of likelihood of continuation of dumping
Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China (‘the country concerned’) is considered to be a non-market economy country, the applicants established normal value for the exporting producers from the country concerned which were not granted market economy treatment during the investigation leading to the measures in force on the basis of the price in a market economy third country, namely the United States of America. For the company which was granted market economy treatment during the investigation leading to the measures in force, normal value has been established on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in the country concerned. The allegation of likelihood of continuation of dumping is based on a comparison of the normal value, as determined in accordance with preceding sentences, with the export price (at ex-works level) of the product under review when sold for export to the Union.
On this basis the dumping margins calculated are significant for the country concerned.
4.2. Allegation of likelihood of continuation or recurrence of injury
The applicants have also provided prima facie evidence that imports of the product under review from the country concerned to the Union have remained significant in absolute terms and in terms of market shares.
The prima facie evidence provided by the applicants shows that the prices of the imported product under review have, among other consequences, had a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.
On this basis, the applicants allege continuation of injury.
The applicants also allege the likelihood of further injury. In this respect the applicants have provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity and the potential of the manufacturing facilities of the exporting producers in the country concerned. This increase of imports at dumped prices from the country concerned would be likely to cause further injury to the Union industry should measures be allowed to lapse.
On this basis, the applicants allege recurrence of injury.
5. Procedure
Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.
The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.
5.1. Review investigation period and period considered
The investigation of a continuation or recurrence of dumping will cover the period from 1 October 2014 to 30 September 2015 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2012 to the end of the investigation period (‘the period considered’).
5.2. Procedure for the determination of a likelihood of continuation or recurrence of dumping
Exporting producers (4) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.
5.2.1. Investigating exporting producers
5.2.1.1.
Sampling
In view of the potentially large number of exporting producers in the country concerned involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to this Notice.
In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of exporting producers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the exporting producers may be selected based on the largest representative volume of production, sales or exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and associations of exporting producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers and to the authorities of the country concerned.
All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.
Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’).
5.2.2. Additional procedure with regard to exporting producers in the non-market economy country concerned
5.2.2.1.
In accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the country concerned normal value will be determined on the basis of the price or constructed value in a market economy third country.
In the previous investigation the United States of America was used as a market economy third country for the purpose of establishing normal value in respect of country concerned. For the purpose of the current investigation, the Commission envisages using again the United States of America. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this Notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union may be located, inter alia, in South Korea. The Commission will examine whether there is production and sales of the product under review in those market economy third countries for which there are indications that production of the product under review is taking place.
5.2.3. Investigating unrelated importers (5) (6)
Unrelated importers of the product under review from the country concerned to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex II to this Notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review 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.
5.3. Procedure for the determination of a likelihood of a continuation or recurrence of injury
In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.
5.3.1. 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 known Union producers or representative Union producers and to any known association of Union producers namely to:
Jungbunzlauer S.A. and Roquette Italia S.p.A.
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.
Any Union producer and association of Union producers not listed above is 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 itself known and request a questionnaire.
5.4. Procedure for the assessment of Union interest
Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.
Parties that make themselves known within the 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.
5.5. Other written submissions
Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.
5.6. Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.
5.7. Instructions for making written submissions and sending completed questionnaires and correspondence
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.
All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).
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 must 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 information may be disregarded.
Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
European Commission |
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Directorate-General for Trade |
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Directorate H |
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Office: CHAR 04/039 |
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1040 Bruxelles/Brussel |
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BELGIQUE/BELGIË |
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6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. 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 other things, to the likelihood of a continuation or recurrence of dumping and injury, dumping, injury, causal link and Union interest.
For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.
8. Schedule of the investigation
The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this Notice in the Official Journal of the European Union.
9. Possibility to request a review under Article 11(3) of the basic Regulation
As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.
If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.
Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this Notice, may contact the Commission at the address given above.
10. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).
(2) OJ L 343, 22.12.2009, p. 51.
(3) Council Regulation (EU) No 965/2010 of 25 October 2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of sodium gluconate originating in the People's Republic of China (OJ L 282, 28.10.2010, p. 24).
(4) An exporting producer is any company in the country concerned which produces and exports the product under review 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 under review.
(5) Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. 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.
(6) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.
(7) 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).
ANNEX I
ANNEX II
OTHER ACTS
European Commission
27.10.2015 |
EN |
Official Journal of the European Union |
C 355/28 |
Publication pursuant to Article 26(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs as regards a name of traditional speciality guaranteed
(2015/C 355/08)
In accordance with the first subparagraph of Article 26(1) of Regulation (EU) No 1151/2012 (1), Lithuania submitted (2) the name ‘Lietuviškas skilandis’ as name of a Traditional Speciality Guaranteed (TSG), which complies with Regulation (EU) No 1151/2012. The name ‘Skilandis’ had previously been registered (3) without reservation of name in accordance with Article 13(1) of Council Regulation (EC) No 509/2006 (4) as traditional speciality guaranteed and is currently protected in accordance with Article 25(2) of Regulation (EU) No 1151/2012.
Following the national opposition procedure referred to in the second subparagraph of Article 26(1) of Regulation (EU) No 1151/2012, the name ‘Skilandis’ was complemented by the term ‘Lietuviškas’ that identifies its traditional and specific character, in accordance with the third subparagraph of Article 26(1) of Regulation (EU) No 1151/2012.
In the light of the above, the Commission hereby publishes the name
‘LIETUVIŠKAS SKILANDIS’
in view of enabling it to be registered in the register of Traditional Specialities Guaranteed provided for in Article 22 of Regulation (EU) No 1151/2012.
This publication confers the right to oppose that the name ‘Lietuviškas skilandis’ is entered in the register of Traditional Specialities Guaranteed provided for in Article 22 of Regulation (EU) No 1151/2012, pursuant to Article 51 of that Regulation.
In case the name ‘Lietuviškas skilandis’ is entered in the register, in accordance with Article 26(4) of Regulation (EU) No 1151/2012, the product specification of the TSG ‘Skilandis’ shall be deemed to be the specification referred to in Article 19 of Regulation (EU) No 1151/2012 for the TSG ‘Lietuviškas skilandis’ and therefore it shall be protected with reservation of name.
For sake of completeness and in accordance with Article 26(2) of Regulation (EU) No 1151/2012, this publication includes the specification of the TSG ‘Skilandis’ as already published in the Official Journal of the European Union (5).
APPLICATION FOR REGISTRATION OF A TSG
COUNCIL REGULATION (EC) No 509/2006
on agricultural products and foodstuffs as traditional specialities guaranteed (6)
‘SKILANDIS’
EC No: LT-TSG-007-0032-15.06.2005
1. Name and address of the applicant group
Name of group/or organisation: |
Lietuvos mėsos perdirbėjų asociacija. |
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Address: |
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Tel. |
+370 52126814 |
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Fax |
+370 52126814 |
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Email: |
lmpa@takas.lt |
2. Member State or Third Country
Lithuania
3. Product specification
3.1. Name(s) to be registered (Article 2 of Regulation (EC) No 1216/2007)
‘Skilandis’
3.2. Name
— |
☒ |
is specific in itself |
— |
☐ |
expresses the specific character of the agricultural product or foodstuff |
Reference material at the Lithuanian Folk Life Museum at Rumšiškės indicates that the word ‘skilandis’ is mentioned in written records from various places in the Grand Duchy of Lithuania dating from the 16th to 18th centuries. The name appears in Theodor Lepner’s ‘Prūsų-lietuvių kalbų žodynas’ [Prussian-Lithuanian Dictionary] of 1680 and in Lithuanian-German dictionaries published by Philipp Ruhig in 1747, Christian Moeleke in 1800 and Friedrich Kurschat in 1883. It is used to denote the product throughout Lithuania. The product name is unique, has stood the test of time and is still used.
3.3. Whether reservation of the name is sought under Article 13(2) of Regulation (EC) No 509/2006
— |
☐ |
registration with reservation of the name |
— |
☒ |
registration, without reservation of the name |
3.4. Type of product
Class 1.2: Meat-based products (cooked, salted, smoked, etc.)
3.5. Description of the agricultural product or foodstuff to which the name under point 3.1 applies (Article 3(1) of Regulation (EC) No 1216/2007)
‘Skilandis’ is a smoked meat product in a natural casing, bound with string, with an uneven, rough surface, in the shape of a compressed tear or smallish courgette. It has a diameter of at least 80 mm, and its weight may vary. In bygone days, ‘skilandis’ was produced using a pig’s stomach for the casing but, since the early 20th century, pigs’ bladders or cows’ caecums have been used as casings. Home-made ‘skilandis’ is usually made from pork only, whereas meat-processing firms use both pork and beef in its production.
An acidic, spicy, savoury, salty taste and the specific flavour and aroma that develop during maturing and drying are characteristic of ‘skilandis’, as is its colour in cross-section, which ranges from pinkish red to dark red and may be more intense closer to the edges. It has a discernible spicy and slightly smoky aroma. It has a rigid consistency. Pieces of fat no bigger than 20 mm are distributed unevenly in lean meat.
The physico-chemical characteristics of ‘skilandis’ are as follows:
— maximum moisture content: 40 %,
— minimum meat protein content, excluding collagen: 16 %,
— maximum common salt content: 5 %,
— maximum fat content: 35 %,
— pH: at least 5,0,
— product weight: 0,4-2,0 kg.
‘Skilandis’ may also be presented for sale in halves or sliced, vacuum-packed or in modified atmosphere packaging.
3.6. Description of the production method of the agricultural product or foodstuff to which the name under point 3.1. applies (Article 3(2) of Commission Regulation (EC) No 1216/2007)
Ingredients:
— |
lean pork, the visible intramuscular fat content of which does not exceed 5 %. The following parts of the carcase may be used: leg, shoulder without shank and loin. Lean pork makes up about half of ‘skilandis’; |
— |
up to 60 % of the lean pork may be replaced by the same quantity of lean beef, the visible fat and fine vein content of which does not exceed 5 %. The following parts of the carcase may be used: inside cap off, outside meat, knuckle, striploin, eye of rump, cube roll, blade bolar, blade oyster and blade undercut; |
— |
semi-fatty pork, the intermuscular and subcutaneous fat content of which does not exceed 30 %. The following parts of the carcase may be used: shoulder inside, shoulder lower half and neck; |
— |
fatty pork without rind, the fat content of which does not exceed 55 %. Semi-fatty and fatty pork together make up about one quarter of ‘skilandis’; |
— |
back fat without rind. Back fat makes up about one quarter of ‘skilandis’; |
— |
common salt: 26-30 g to 1 kg of meat; |
— |
spices, i.e. black pepper, white pepper and allspice: 2-3 g to 1 kg of meat. These are added ground or whole, as peppercorns; |
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garlic: 2-3 g to 1 kg of meat; |
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sugar: 2-5 g to 1 kg of meat; |
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preservative E 250 (sodium nitrite): 50-180 mg to 1 kg of meat; |
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antioxidants E 300 (ascorbic acid) and E 301 (sodium ascorbate): 0,5-1 g to 1 kg of meat; |
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caraway, ground bay leaf and ground nutmeg may also be added in a quantity of up to 2-3 g to 1 kg of meat. |
Production method:
‘Skilandis’ is produced using a traditional method. It is recommended that the meat of adult animals be used.
Chilled pork is cut up into 10-30 mm pieces, manually or with the aid of special machines, and the fat is cut up into 5-20 mm pieces. Chilled beef is passed through a mincer fitted with a 2-5 mm hole disc.
The chopped and minced meat is mixed with common salt and sodium nitrite, sugar, spices and food additives in a blender or food mill. Mixing takes at least 10 minutes. The stuffing thus produced is allowed to stand for at least six hours at a temperature no higher than +4 °C. Using stuffing machines, the meat is stuffed into natural pigs’ bladders or cows’ caecums, the diameter of which is greater than that of casings normally used for cold smoked sausages. When stuffing the meat into a bladder or caecum, it is very important to prevent the inclusion of air. During the subsequent stage in the production process, the inner parts of the ‘skilandis’ undergo slow drying and intensive fermentation, and this is what determines the characteristic organoleptic properties of ‘skilandis’. The stuffing is fed slowly into the casing, and pressed into the bladder or caecum. Any air which has entered with the stuffing is removed by squeezing the casing. The casing has to be stuffed so tightly that no gap forms between the surface of the product and the casing owing to shrinkage of the stuffing during smoking and drying.
The stuffed bladder or caecum is bound with natural thick thread or string. The stuffed product is manually bound with string along its length, dividing the product into four parts. If stuffed into a caecum, the product is additionally bound crosswise every 4-5 cm.
The bound ‘skilandis’ is hung on frames in such a way that they do not touch each other and are matured at a temperature no higher than +4 °C for at least three days. During this operation, the stuffing in the casing becomes more compact, the colour of the product stabilises and selective development of micro-organisms occurs, which helps to create the conditions that impart the product’s specific taste and aroma.
After maturing, ‘skilandis’ is smoked at 18–30 °C in smoke obtained from burning sawdust from the wood of deciduous trees (alder, aspen, birch, beech, poplar, oak). Initial maturing and smoking may be carried out in climatic chambers and in dryers of various designs. ‘Skilandis’ is smoked discontinuously, with intervals, during which it is dried at a temperature of 18–28 °C. The length of the smoking process (including intervals) depends on the smoking equipment used and the size of the ‘skilandis’, and may be 2-15 days. The length of time for which ‘skilandis’ is smoked determines the intensity of its colour, and the product acquires a characteristic smoky smell by the end of the process.
Smoked ‘skilandis’ is dried at a temperature of 8–18 °C and a relative humidity of 90-75 %. The biochemical processes brought on by the development of micro-organisms and the action of tissue ferments continue during the drying process, as a result of which ‘skilandis’ acquires its characteristic taste and aroma. ‘Skilandis’ is dried for at least 30 days, until it attains the required moisture content and acquires its typical organoleptic characteristics.
‘Skilandis’ is left to hang indoors at a temperature of 0-15 °C.
3.7. Specific character of the agricultural product or foodstuff (Article 3(3) of Commission Regulation (EC) No 1216/2007)
The most important specific properties characteristic of ‘skilandis’ are:
Appearance– ‘skilandis’ is a smoked meat product in a natural pig’s bladder or cow’s caecum casing, bound with string, with an uneven, rough surface, in the shape of a compressed tear or a smallish courgette. It has a diameter of at least 80 mm and weighs 0,4-2 kg.
Appearance in cross-section– the colour of slices varies from pinkish red to dark red and may be more intense around the edges. Pieces of fat no bigger than 20 mm are distributed unevenly in lean meat. Inclusions of various spices may be visible.
Production method– pork and beef is coarsely chopped by hand or coarsely minced in a mincer, seasoned with traditional spices and stuffed into a natural pig’s bladder or cow’s caecum casing. After drying, ‘skilandis’ is smoked several times in smoke from the wood of deciduous trees, and after smoking, it is dried for at least 30 days.
Taste and smell– an acidic, spicy, savoury, salty taste and the specific flavour and aroma resulting from specific and exceptional fermentation processes that take place during maturing and drying are characteristic features of ‘skilandis’. It has a discernible spicy and slightly smoky aroma. The above-mentioned fermentation processes essentially depend on the ingredients included in the recipe, which are very commonly found in the Lithuanian climate.
Consumption traditions– mainly served up during festivals, on special occasions, at gatherings and during busy periods in the farming calendar. It is sliced thinly and eaten with brown bread.
3.8. Traditional character of the agricultural product or foodstuff (Article 3(4) of Regulation (EC) No 1216/2007)
‘Skilandis’ is considered to be a national dish in Lithuania. In ‘Lietuvos kulinarijos paveldas’ by B. Imbrasienė (publ. Baltos lankos, 2008), ‘skilandis’ is the first of several traditional meat products to be mentioned. Since days of old, it has been put aside in Lithuanian villages for busy period on farms in summer (haymaking, the rye harvest) and to offer to guests. In ‘Būdas senovės lietuvių, kalnėnų ir žemaičių’, published in 1845, the Lithuanian author Simonas Daukantas wrote that in bygone Lithuania ‘skilandis’ was a food that was offered to guests. ‘Skilandis’ is also mentioned in many other classics of 19th and 20th century Lithuanian literature. A map in ‘Lietuvių kalbos atlasas’ [Atlas of the Lithuanian Language] (Vilnius, 1977) showing the distribution of the word ‘skilandis’ reveals that the name of this foodstuff was known in all parts of Lithuania apart from the north-west.
In bygone days, ‘skilandis’ was produced using a pig’s stomach for the casing but, since the early 20th century, pigs’ bladders or cows’ caecums have been used as casings. Home-made ‘skilandis’ is usually made from pork only, whereas meat-processing firms use both pork and beef in its production.
The ‘Lietuviška tarybinė enciklopedija’ [Soviet Lithuanian Encyclopaedia] (Vilnius, 1983) describes ‘skilandis’ as follows: ‘a raw or smoked sausage of coarsely chopped meat. It is made from semi-fatty pork (≈ 85 %) and beef (≈ 15 %). The meat is cut up into pieces measuring 2-3 cm by 1,5 cm. Salt is added (≈ 3,5 % of the meat mixture), saltpetre (sodium nitrate), sugar, black pepper, allspice and garlic. The stuffing is forced into a pig’s stomach or bladder or a cow’s rectum or caecum casing. It is normally smoked. It is produced in meat-processing plants or made in people’s homes.’
3.9. Minimum requirements and procedures to check the specific character (Article 4 of Regulation (EC) No 1216/2007)
The checks carried out cover:
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conformity of the raw materials to the requirements laid down; |
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adherence to the correct order of the steps in the production process; |
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compliance with production process parameters; |
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product drying time; |
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the organoleptic properties of the finished product (appearance, taste, aroma, colour, consistency); |
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the physico-chemical indicators of the finished product (moisture content, protein content excluding collagen, common salt content, pH, fat content); |
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storage of the final product. The ambient temperature and humidity are checked during storage. |
The inspection authority will carry out the necessary checks, which are to be performed at least once a year. The inspection authority will review producers’ monitoring systems and critical control point checks and check producers’ documentation.
4. Authorities or bodies verifying compliance with the product specification
4.1. Name and address
Name: |
Lietuvos Respublikos valstybinė maisto ir veterinarijos tarnyba |
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Address: |
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Tel. |
+370 52404361 |
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Email address: |
vvt@vet.lt |
☒ Public |
☐ Private |
4.2. Specific tasks of the authority or body
The inspection authority referred to under point 4.1 is responsible for monitoring all the criteria set out in the specification.
(1) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
(2) EC No LT-TSG-0107-01274 - 10.11.2014.
(3) EC No LT-TSG-007-0032-15.6.2005 (see OJ C 106, 8.5.2009, p. 27).
(4) Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 93, 31.3.2006, p. 1). Regulation repealed and replaced by Regulation (EU) No 1151/2012.
(5) See footnote 3.
(6) See footnote 4.