ISSN 1977-091X

Official Journal

of the European Union

C 148

European flag  

English edition

Information and Notices

Volume 59
27 April 2016


Notice No

Contents

page

 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2016/C 148/01

Euro exchange rates

1


 

V   Announcements

 

ADMINISTRATIVE PROCEDURES

 

European Commission

2016/C 148/02

Hercule III Programme — Call for proposals — 2016 — Legal Training and Studies

2

2016/C 148/03

Hercule III Programme — Call for proposals — 2016 — Anti-Fraud Training

4

2016/C 148/04

Hercule III Programme — Call for proposals — 2016 — Technical Assistance for the fight against EU fraud

6

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

 

European Commission

2016/C 148/05

Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain stainless steel bars and rods originating in India

8

2016/C 148/06

Notice concerning the judgment by the General Court of the European Union in case T-310/12 in relation to Council Implementing Regulation (EU) No 325/2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of oxalic acid originating in India and the People’s Republic of China

18

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

 

European Commission

2016/C 148/07

Prior notification of a concentration (Case M.8021 — Bridgepoint/Summit Partners/Calypso Technology) — Candidate case for simplified procedure ( 1 )

19


 


 

(1)   Text with EEA relevance

EN

 


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

27.4.2016   

EN

Official Journal of the European Union

C 148/1


Euro exchange rates (1)

26 April 2016

(2016/C 148/01)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,1287

JPY

Japanese yen

125,45

DKK

Danish krone

7,4418

GBP

Pound sterling

0,77483

SEK

Swedish krona

9,1545

CHF

Swiss franc

1,1000

ISK

Iceland króna

 

NOK

Norwegian krone

9,2278

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,027

HUF

Hungarian forint

312,20

PLN

Polish zloty

4,3799

RON

Romanian leu

4,4747

TRY

Turkish lira

3,1951

AUD

Australian dollar

1,4600

CAD

Canadian dollar

1,4276

HKD

Hong Kong dollar

8,7545

NZD

New Zealand dollar

1,6417

SGD

Singapore dollar

1,5280

KRW

South Korean won

1 299,14

ZAR

South African rand

16,3492

CNY

Chinese yuan renminbi

7,3345

HRK

Croatian kuna

7,4785

IDR

Indonesian rupiah

14 917,56

MYR

Malaysian ringgit

4,4279

PHP

Philippine peso

52,864

RUB

Russian rouble

74,8948

THB

Thai baht

39,708

BRL

Brazilian real

3,9943

MXN

Mexican peso

19,7889

INR

Indian rupee

75,1373


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


V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

27.4.2016   

EN

Official Journal of the European Union

C 148/2


HERCULE III Programme

Call for proposals — 2016

Legal Training and Studies

(2016/C 148/02)

1.   Objectives and description

This notice of Call for Proposals is based on Regulation (EU) No 250/2014 establishing the Hercule III Programme (1), in particular Article 8(b) (‘Eligible Actions’), as well as the Financing Decision 2016 adopting the annual work programme (2) for the implementation of the Hercule III Programme in 2016, in particular Section 7.2.1 (Legal Training and Studies).

The Financing Decision 2016 provides for the organisation of a Call for Proposals ‘Legal Training and Studies’.

2.   Eligible applicants

As defined in Article 6 of the Programme, applicants must be:

national or regional administrations of a Member State and a participating country which promote the strengthening of action at Union level to protect the financial interests of the Union,

or

research and educational institutes and non-profit-making entities provided that they have been established and have been operating for at least one year, in a Member State or a participating country, and promote the strengthening of action at Union level to protect the financial interests of the Union.

Article 7(2) of the Programme defines the participating countries other than Member States.

3.   Eligible actions

The actions eligible for funding under this Call for Proposals are:

(1)

developing high-profile research activities, including studies in comparative law;

(2)

improving the cooperation between practitioners and academics (through actions such as conferences, seminars and workshops), including the organisation of the annual meeting of the Presidents of the Associations for European Criminal Law and for the Protection of the Union’s Financial Interests;

(3)

raising the awareness of the judiciary and other branches of the legal profession for the protection of the financial interests of the Union, including the publication of scientific knowledge concerning the protection of the financial interests of the Union.

The actions can be achieved through the organisation of: studies in comparative law, conferences, seminars, workshops, periodical publications, etc.

4.   Budget

The indicative available budget for this Call is EUR 500 000. The financial contribution will take the form of a grant. The financial contribution awarded will not exceed 80 % of the eligible costs. In exceptional and duly justified cases, the financial contribution may be increased to cover a maximum of 90 % of the eligible costs. The Call lists the criteria that will be applied to determine these exceptional and duly justified cases.

The minimum threshold for a ‘Legal Training and Studies’ action shall be EUR 40 000. The total budget of an action for which a grant is requested shall not be lower than this threshold.

The Commission reserves the right not to allocate all the funds available.

5.   Deadline for submission of applications

Applications must be submitted to the Commission no later than: Thursday, 16 June 2016.

6.   Further Information

All documents related to this Call for Proposals can be downloaded from the following internet website:

http://ec.europa.eu/anti_fraud/policy/hercule/index_en.htm

Question and/or requests for additional information in relation to this Call have to be sent by email to:

OLAF-FMB-HERCULE-LEGAL@ec.europa.eu

The questions and answers may be anonymously published in the Guidelines for filling in the Application Form on OLAF’s internet website if they are relevant to other applicants.


(1)  Regulation (EU) No 250/2014 of the European Parliament and of the Council of 26 February 2014 establishing a programme to promote activities in the field of the protection of the financial interests of the European Union (Hercule III programme) (OJ L 84, 20.3.2014, p. 6).

(2)  Commission Decision concerning the adoption of the annual work programme and the financing of the Hercule III Programme in 2016 C(2016) 868 final of 17 February 2016.


27.4.2016   

EN

Official Journal of the European Union

C 148/4


HERCULE III Programme

Call for proposals — 2016

Anti-Fraud Training

(2016/C 148/03)

1.   Objectives and Description

This notice of Call for Proposals is based on Regulation (EU) No 250/2014 establishing the Hercule III Programme (1), in particular Article 8(b) (‘Eligible Actions’), as well as the Financing Decision 2016 adopting the annual work programme (2) for the implementation of the Hercule III Programme in 2016, in particular Section 7.1 (Conferences, seminars and digital forensics training).

The Financing Decision 2016 provides for the organisation of a Call for Proposals ‘Anti-Fraud Training’.

2.   Eligible applicants

As defined in Article 6 of the Programme, applicants must be:

national or regional administrations of a Member State and a participating country which promote the strengthening of action at Union level to protect the financial interests of the Union,

or

research and educational institutes and non-profit-making entities provided that they have been established and have been operating for at least one year, in a Member State or a participating country, and promote the strengthening of action at Union level to protect the financial interests of the Union.

Article 7(2) of the Programme defines the participating countries other than Member States.

3.   Eligible Actions

The Commission (OLAF) will award grants for actions which have as objective:

exchanging experience and best practices between the relevant authorities in the participating countries, including specialised law enforcement services, as well as representatives of international organisations,

disseminating knowledge, particularly on better identification of risk for investigative purposes.

These aims can be achieved through the organisation of:

Conferences, seminars, colloquia, courses, e-learning and symposia, workshops, hands-on training and staff exchanges, exchanges of best practices (including on fraud risk assessment), etc.

Staff exchanges between national and regional administrations in different Member States (in particular neighbouring Member States) are to be encouraged.

4.   Budget

The indicative available budget for this Call is EUR 900 000. The financial contribution will take the form of a grant. The financial contribution awarded will not exceed 80 % of the eligible costs.

The minimum threshold for a ‘Training’ action shall be EUR 50 000. The budget of an action for which a grant is requested shall not be lower than this threshold.

The Commission reserves the right not to allocate all the funds available.

5.   Deadline

Applications must be submitted no later than: Thursday, 23 June 2016.

6.   Further Information

All documents related to this Call for Proposals can be downloaded from the following internet website:

http://ec.europa.eu/anti_fraud/policy/hercule/index_en.htm

Question and/or requests for additional information in relation to this Call have to be sent by email to:

OLAF-ANTI-FRAUD-TRAINING@ec.europa.eu

The questions and answers may be anonymously published in the Guidelines for filling in the Application Form on OLAF’s internet website if they are relevant to other applicants.


(1)  Regulation (EU) No 250/2014 of the European Parliament and of the Council of 26 February 2014 establishing a programme to promote activities in the field of the protection of the financial interests of the European Union (Hercule III programme) (OJ L 84, 20.3.2014, p. 6).

(2)  Commission Decision concerning the adoption of the annual work programme and the financing of the Hercule III Programme in 2016 C(2016) 868 final of 17 February 2016.


27.4.2016   

EN

Official Journal of the European Union

C 148/6


HERCULE III Programme

Call for proposals — 2016

Technical Assistance for the fight against EU fraud

(2016/C 148/04)

1.   Objectives and description

This notice of Call for Proposals is based on Regulation (EU) No 250/2014 establishing the Hercule III Programme (1), in particular Article 8(a) (‘Eligible Actions’), as well as the Financing Decision 2016 adopting the annual work programme (2) for the implementation of the Hercule III Programme in 2016, in particular Section 6.1, actions: 1-4 (‘Specific actions for technical assistance’).

The Financing Decision 2016 provides for the organisation of a Call for Proposals ‘Technical Assistance’.

2.   Eligible applicants

The bodies eligible for funding under the Programme are national or regional administrations (‘Applicants’) of a Member State which promote the strengthening of European Union action to protect the European Union’s financial interests.

3.   Eligible actions

The actions eligible for funding under this Call for Proposals are:

(1)

the purchase and maintenance of investigation tools and methods, including specialised training needed to operate the investigation tools;

(2)

the purchase and maintenance of devices (scanners) and animals to carry out inspections of containers, trucks, railway wagons and vehicles at the Union’s internal and external borders order to detect smuggled and counterfeited goods;

(3)

the purchase, maintenance and interconnection of systems for the recognition of vehicle number plates (Automated Number Plate Recognition Systems — ANPRS) or container codes;

(4)

the purchase of services to support Member States’ capacity to store and destroy seized cigarettes and tobacco.

4.   Budget

The indicative available budget for this Call is EUR 8 800 000. The financial contribution will take the form of a grant. The financial contribution awarded will not exceed 80 % of the eligible costs. In exceptional and duly justified cases, the financial contribution may be increased to cover a maximum of 90 % of the eligible costs. The Call lists the criteria that will be applied to determine these exceptional and duly justified cases. The minimum threshold for the budget of an action submitted in an application has been set at: EUR 100 000.

The Commission reserves the right not to allocate all the funds available.

5.   Deadline for submission of applications

Applications must be submitted no later than: Thursday, 9 June 2016.

6.   Further information

All documents related to this Call for Proposals can be downloaded from the following internet website:

http://ec.europa.eu/anti_fraud/policy/hercule/index_en.htm

Question and/or requests for additional information in relation to this Call have to be sent by email to:

OLAF-FMB-HERCULE-TA@ec.europa.eu

The questions and answers may be anonymously published in the Guidelines for filling in the Application Form on the Commission’s OLAF’s internet website if they are relevant to other applicants.


(1)  Regulation (EU) No 250/2014 of the European Parliament and of the Council of 26 February 2014 establishing a programme to promote activities in the field of the protection of the financial interests of the European Union (Hercule III programme) (OJ L 84, 20.3.2014, p. 6).

(2)  Commission Decision concerning the adoption of the annual work programme and the financing of the Hercule III Programme in 2016 C(2016) 868 final of 17 February 2016.


PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

27.4.2016   

EN

Official Journal of the European Union

C 148/8


Notice of initiation of an expiry review of the countervailing measures applicable to imports of certain stainless steel bars and rods originating in India

(2016/C 148/05)

Following the publication of a Notice of impending expiry (1) of the countervailing measures in force on the imports of certain stainless steel bars and rods originating in India (‘the country concerned’), the European Commission (‘the Commission’) has received a request for review pursuant to Article 18 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 28 January 2016 by EUROFER (‘the applicant’) representing more than 25 % of the total Union production of certain stainless steel bars and rods.

2.   Product under review

The product subject to this review is stainless steel bars and rods, not further worked than cold-formed or cold-finished, other than bars and rods of circular cross-section of a diameter of 80 mm or more (‘the product under review’), currently falling within CN codes 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81 and 7222 20 89 and originating in India.

3.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Implementing Regulation (EU) No 405/2011 (3), as last amended by Council Implementing Regulation (EU) No 721/2013 (4).

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 subsidisation and continuation or recurrence of injury to the Union industry.

4.1.    Allegation of likelihood of continuation of subsidisation

The applicant has provided sufficient evidence that the producers of the product under review in India have benefitted and are likely to continue to benefit from a number of subsidies granted by the Government of India and from regional subsidies.

The subsidy practices consist, inter alia, of (1) direct transfer of funds and potential direct transfers of funds or liabilities, for example the Duty Drawback Scheme, Package Scheme of Incentives of the Government of Maharashtra, Loan Guarantees and direct transfers of funds from the Government of India; (2) government revenue forgone or not collected, for example the Advance Authorisation Scheme, the Export Promotion Capital Goods Scheme, the Merchandise Exports from India Scheme, Duty Free Import Authorisation Scheme and the Exemption of Export Credit from Interest Taxes Scheme; and (3) payments to a funding mechanism, or entrustment or direction of a private body to carry out one or more of the functions as described in (1) and (2) of this paragraph, for example the Export Credit Scheme.

The Commission reserves the right to investigate other relevant subsidy practices which may be revealed during the course of the investigation.

The applicant alleges that the above schemes are subsidies since they involve a financial contribution from the Government of India or other regional governments and confer a benefit to exporting producers of the product under review. They are alleged to be specific to an enterprise or industry or group of enterprises or industries or contingent upon export performance and therefore countervailable.

4.2.    Allegation of likelihood of continuation or recurrence of injury

The applicant has also provided prima facie evidence that imports of the product under review from the country concerned to the Union remained significant in absolute terms and in terms of market shares.

The prima facie evidence provided by the applicant shows that in the absence of measures, the prices of the imported product under review would have had, among other consequences, a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance, financial and employment situation of the Union industry.

The applicant has also 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 significant unused capacities of the exporting producers in India.

In addition, the applicant alleges that any further substantial increase of imports at subsidised prices from the country concerned would be likely to cause further 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 Council Regulation (EC) No 1225/2009 (5), that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 18 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 subsidisation of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

The Government of India has been invited for consultations in accordance with Article 10(7) of the basic Regulation.

5.1.    Review investigation period and period considered

The investigation of a continuation or recurrence of subsidisation will cover the period 1 April 2015 to 31 March 2016 (‘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 subsidisation

Exporting producers (6) of the product under review from the country concerned, including those that did not cooperate in the investigations leading to the measures in force, are invited to participate in the Commission investigation.

5.2.1.   Investigating exporting producers — Procedure for selecting exporting producers to be investigated in the country concerned

In view of the potentially large number of exporting producers in India 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 27 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 investigations 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 India 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 India.

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 28 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’).

5.3.    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. The sampling is carried out in accordance with Article 27 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 investigations 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 subsidisation and injury be confirmed, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether maintaining the countervailing 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 31 will only be taken into account if supported by factual evidence at the time of submission.

5.4.1.   Investigating unrelated importers  (7)  (8)

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 27 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 investigations leading to the measures in force, 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.

5.5.    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’ (9).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(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 large replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by 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

Directorate-General for Trade

Directorate H

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email for subsidy related issues: TRADE-R642-SSB-SUBSIDY@ec.europa.eu

Email for injury related issues: TRADE-R642-SSB-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, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 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 28 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 subsidisation 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 22(1) 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 19 of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 18 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 22(3) 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 19 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 (10).


(1)  Notice of the impending expiry of certain countervailing measures (OJ C 248, 29.7.2015, p. 4).

(2)  OJ L 188, 18.7.2009, p. 93.

(3)  Council Implementing Regulation (EU) No 405/2011 of 19 April 2011 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain stainless steel bars and rods originating in India (OJ L 108, 28.4.2011, p. 3).

(4)  Council Implementing Regulation (EU) No 721/2013 of 22 July 2013 amending Implementing Regulation (EU) No 405/2011 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain stainless steel bars and rods originating in India (OJ L 202, 27.7.2013, p. 2).

(5)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).

(6)  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.

(7)  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. For the definition of a related party see footnote 3 in Annex II to this Notice.

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

(9)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Council Regulation (EC) No 597/2009 (OJ L 188, 18.7.2009, p. 93) and Article 12.4 of the WTO Agreement on Subsidies and Countervailing Measures (SCM 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).

(10)  OJ L 8, 12.1.2001, p. 1.


ANNEX I

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ANNEX II

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27.4.2016   

EN

Official Journal of the European Union

C 148/18


Notice concerning the judgment by the General Court of the European Union in case T-310/12 in relation to Council Implementing Regulation (EU) No 325/2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of oxalic acid originating in India and the People’s Republic of China

(2016/C 148/06)

In its judgment of 20 May 2015 in case T-310/12 Yuanping Changyuan Chemicals Co. Ltd v Council  (1), the General Court of the European Union (‘the General Court’) annulled Council Implementing Regulation (EU) No 325/2012 imposing a definitive anti-dumping duty on imports of oxalic acid originating in India and the People’s Republic of China (‘the contested regulation’) (2), as far as it concerns Yuanping Changyuan Chemicals Co. Ltd (‘the exporting producer concerned’).

In the judgment, the General Court ruled that the contested regulation did not contain an adequate statement of reasons pursuant to Article 296 of the Treaty on the Functioning of the European Union (TFEU) in relation to the method of determining the injury margin in regard to the exporting producer concerned.

As a consequence of the judgment, imports into the European Union of oxalic acid produced by the exporting producer concerned are no longer subject to the anti-dumping duty imposed by the contested Regulation.

In accordance with Article 266 TFEU the Union’s institutions must take the necessary steps to comply with judgments.

It is recognised that, in cases where proceedings consist of several administrative steps, the annulment of one of those steps does not annul the complete proceeding (3). The anti-dumping investigation is an example of such a multi-step proceeding. Consequently, the partial annulment of the Council Implementing Regulation (EU) No 325/2012 does not lead to the annulment of the entire contested Regulation. Accordingly, the Union’s institutions, in so complying with the General Court’s judgment of 20 May 2015, have the possibility to remedy the aspects of the contested Regulation which led to its partial annulment, while leaving unchanged those parts which are not affected by the judgment (4). Therefore, other findings reached in the contested Regulation which were not contested within the time-limits for a challenge or which were contested but rejected by the General Court’s judgment and therefore did not lead to the annulment of the contested Regulation, remain valid.

Therefore, the Commission has decided to resume the anti-dumping investigation concerning imports of oxalic acid originating in the People’ Republic of China at the point at which the illegality occurred. This is limited in scope to the implementation of the judgment of the General Court as recalled above.

Information to customs authorities

The definitive anti-dumping duties paid pursuant to Regulation (EU) No 325/2012 on imports into the European Union of oxalic acid, whether in dihydrate (CUS number 0028635-1 and CAS number 6153-56-6) or anhydrous form (CUS number 0021238-4 and CAS number 144-62-7) and whether or not in aqueous solution, currently falling within CN code ex 2917 11 00 (TARIC code 2917110091) and originating in the People’s Republic of China, produced by the exporting producer concerned (TARIC additional code B232), and the provisional duties definitively collected in accordance with Article 2 of Regulation (EU) No 325/2012, should be repaid or remitted. The repayment or remission must be requested from national customs authorities in accordance with applicable customs legislation.


(1)  OJ C 221, 6.7.2015, p. 7.

(2)  OJ L 106, 18.4.2012, p. 1.

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

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


PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

27.4.2016   

EN

Official Journal of the European Union

C 148/19


Prior notification of a concentration

(Case M.8021 — Bridgepoint/Summit Partners/Calypso Technology)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 148/07)

1.

On 19 April 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Bridgepoint Group Limited (‘Bridgepoint’, United Kingdom) and Summit Partners L.P. (‘Summit Partners’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Calypso Technology, Inc. (‘Calypso Technology’, USA), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—   for Bridgepoint: private equity fund,

—   for Summit Partners: equity investment fund,

—   for Calypso Technology: provider of application software and services in the treasury and capital markets.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.8021 — Bridgepoint/Summit Partners/Calypso Technology, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË


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

(2)  OJ C 366, 14.12.2013, p. 5.