ISSN 1977-091X

Official Journal

of the European Union

C 459

European flag  

English edition

Information and Notices

Volume 59
9 December 2016


Notice No

Contents

page

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2016/C 459/01

Non-opposition to a notified concentration (Case M.8046 — TUI/Transat France) ( 1 )

1

2016/C 459/02

Non-opposition to a notified concentration (Case M.8136 — BASF/Chemetall) ( 1 )

1

2016/C 459/03

Non-opposition to a notified concentration (Case M.8281 — Mitsubishi Corporation/Mitsubishi Motors Corporation/KTB-Trading) ( 1 )

2

2016/C 459/04

Non-opposition to a notified concentration (Case M.8289 — Engie/Omnes Capital/Predica/MAIA) ( 1 )

2


 

III   Preparatory acts

 

European Central Bank

2016/C 459/05 CON/2016/49

Opinion of the European Central Bank of 12 October 2016 on a proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC (CON/2016/49)

3


 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

Council

2016/C 459/06

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2016/2217, concerning restrictive measures against the Democratic People’s Republic of Korea

7

 

European Commission

2016/C 459/07

Euro exchange rates

9

2016/C 459/08

Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011)  ( 1 )

10

 

Court of Auditors

2016/C 459/09

Special Report No 28/2016 — Dealing with serious cross-border threats to health in the EU: important steps taken but more needs to be done

15

 

NOTICES FROM MEMBER STATES

2016/C 459/10

Information communicated by Member States regarding closure of fisheries

16


 

V   Announcements

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

 

European Commission

2016/C 459/11

Notice of initiation of an anti-dumping proceeding concerning imports of certain corrosion resistant steels originating in the People's Republic of China

17

 

OTHER ACTS

 

European Commission

2016/C 459/12

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

28


 

Corrigenda

2016/C 459/13

Corrigendum to Call for proposals — Support for information measures relating to the common agricultural policy (CAP) for 2017 ( OJ C 401, 29.10.2016 )

31


 


 

(1)   Text with EEA relevance

EN

 


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

9.12.2016   

EN

Official Journal of the European Union

C 459/1


Non-opposition to a notified concentration

(Case M.8046 — TUI/Transat France)

(Text with EEA relevance)

(2016/C 459/01)

On 20 October 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8046. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


9.12.2016   

EN

Official Journal of the European Union

C 459/1


Non-opposition to a notified concentration

(Case M.8136 — BASF/Chemetall)

(Text with EEA relevance)

(2016/C 459/02)

On 28 October 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8136. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


9.12.2016   

EN

Official Journal of the European Union

C 459/2


Non-opposition to a notified concentration

(Case M.8281 — Mitsubishi Corporation/Mitsubishi Motors Corporation/KTB-Trading)

(Text with EEA relevance)

(2016/C 459/03)

On 2 December 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8281. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


9.12.2016   

EN

Official Journal of the European Union

C 459/2


Non-opposition to a notified concentration

(Case M.8289 — Engie/Omnes Capital/Predica/MAIA)

(Text with EEA relevance)

(2016/C 459/04)

On 5 December 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8289. EUR-Lex is the online access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


III Preparatory acts

European Central Bank

9.12.2016   

EN

Official Journal of the European Union

C 459/3


OPINION OF THE EUROPEAN CENTRAL BANK

of 12 October 2016

on a proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC

(CON/2016/49)

(2016/C 459/05)

Introduction and legal basis

On 19 August 2016 and 23 September 2016, the European Central Bank (ECB) received requests from the Council and the European Parliament respectively for an opinion on a proposal for a directive amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and amending Directive 2009/101/EC (1) (hereinafter the ‘proposed directive’).

The ECB's competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the Functioning of the European Union, since the proposed directive contains provisions falling within the ECB's fields of competence. In particular, the ECB's competence to deliver an opinion is based on Article 127(2) and (5) and Article 128(1) of the Treaty, as the proposed directive contains provisions which have implications for certain tasks of the European System of Central Banks (ESCB), including the promotion of the smooth operation of payment systems, contributing to the smooth conduct of policies pursued by the competent authorities relating to the stability of the financial system and authorising the issue of euro banknotes within the Union. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

1.   Observations

1.1.   Regulation of virtual currency exchange platforms and custodian wallet providers

1.1.1.

The proposed directive expands the list of obliged entities to which Directive (EU) 2015/849 of the European Parliament and of the Council (2) applies in order to include providers engaged primarily and professionally in exchange services between ‘virtual currencies’ and ‘fiat currencies’ (understood in the proposed directive to be currencies declared to be legal tender (3)) and wallet providers offering custodial services of credentials necessary to access virtual currencies (hereinafter ‘custodial wallet providers’) (4). The proposed directive also requires Member States to ensure that providers of exchanging services between virtual currencies and fiat currencies and custodian wallet providers are licensed or registered (5). The ECB strongly supports these provisions, which are in line with the Financial Action Task Force (FATF) Recommendations (6), given that terrorists and other criminal groups are currently able to transfer money within virtual currency networks by concealing the transfers or by benefiting from a certain degree of anonymity on such exchange platforms. The use of virtual currencies also poses greater risks than traditional means of payment in the sense that the transferability of virtual currency relies on the internet and is limited only by the capacity of the particular virtual currency's underlying network of computers and IT infrastructure.

In this context, the ECB also mentions that digital currencies do not necessarily have to be exchanged into legally established currencies. They could also be used to purchase goods and services, without requiring an exchange into a legally established currency or the use of a custodial wallet provider. Such transactions would not be covered by any of the control measures provided for in the proposal and could provide a means of financing illegal activities.

1.1.2.

The ECB recognises that the technological advances relating to the distributed ledger technology underlying alternative means of payment, such as virtual currencies, may have the potential to increase the efficiency, reach and choice of payment and transfer methods. The Union legislative bodies should, however, take care not to appear to promote the use of privately established digital currencies, as such alternative means of payment are neither legally established as currencies, nor do they constitute legal tender issued by central banks and other public authorities (7). The ECB has several concerns as regards the differences that exist between what the proposal refers to as ‘fiat currencies’ and ‘virtual currencies’, one of which is the volatility associated with virtual currencies, which is typically higher than with currencies issued by central banks or whose issue is otherwise authorised by central banks, as this volatility does not always appear to be related to economic or financial factors. Other concerns are that: (a) unlike the holders of legally established currencies, the holders of virtual currency units typically have no guarantee that they will be able to exchange their units for goods and services or legally established currency in the future; and (b) the reliance of economic actors on virtual currency units, if substantially increased in the future, could in principle affect the central banks' control over the supply of money with potential risks to price stability, although under current practice this risk is limited. Thus, while it is appropriate for the Union legislative bodies, consistent with the FATF's recommendations, to regulate virtual currencies from the anti-money laundering and counter-terrorist financing perspectives, they should not seek in this particular context to promote a wider use of virtual currencies.

1.1.3.

The term ‘virtual currencies’ is defined under the proposed directive as meaning ‘a digital representation of value that is neither issued by a central bank or a public authority, nor necessarily attached to a fiat currency, but is accepted by natural or legal persons as a means of payment and can be transferred, stored or traded electronically’ (8).

The ECB would like to make a number of specific comments regarding this definition.

First, ‘virtual currencies’ do not qualify as currencies from a Union perspective (9). In accordance with the Treaties and the provisions of Council Regulation (EC) No 974/98, the euro is the single currency of the Union's economic and monetary union, i.e. of those Member States which have adopted the euro as their currency (10). Consistent with the approach, which has either already been adopted, or is currently being considered, by other jurisdictions regulating virtual currency exchange platforms, including Canada, Japan and the United States, the ECB recommends defining virtual currencies more specifically, in a manner that explicitly clarifies that virtual currencies are not legally established currencies or money (11).

Second, given that virtual currencies are not in fact currencies, it would be more accurate to regard them as a means of exchange, rather than as a means of payment. Additionally, the proposed directive's definition of ‘virtual currencies’ as a means of payment does not take into account that in some circumstances virtual currencies can be used for purposes other than that of a means of payment (12). As noted by the Bank for International Settlements (BIS), the distributed ledger technology underlying many digital currency schemes could have a much broader application beyond payments (13). In this respect, the FATF has noted that non-payment uses of virtual currencies may include store-of-value products for savings or investment purposes, such as derivatives, commodities, and securities products (14). More recent digital currencies, which are based on more sophisticated distributed ledger and blockchain technology, have a large array of uses that go beyond payment purposes (15), including for example, online casinos. In the light of the above, the ECB suggests that the proposed directive also refers to other possible uses of virtual currencies in the proposed definition of that term.

The ECB suggests adapting the definition of virtual currencies under the proposed directive to take the above points into account.

1.2.   Central registers of bank and payment accounts

1.2.1.

Pursuant to the proposed directive, Member States are required to put in place centralised automated mechanisms or central electronic data retrieval systems, which would allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts and bank accounts held by a credit institution within their territory (16). The explanatory memorandum accompanying the proposed directive clarifies in this respect that Member States are free to set up either a central banking registry, or a retrieval system, whichever best fits their own existing framework (17). Member States are therefore free to designate their national central bank (NCB) as the administrator of the central register of bank (and payment) accounts. Moreover, under the proposed directive, such a central register would be open to access by financial intelligence units and other competent authorities.

1.2.2.

The ECB has previously expressed its view that, for the purpose of assessing whether the Treaty prohibition on monetary financing is infringed, tasks entrusted to an NCB in the European System of Central Banks (ESCB) relating to the establishment of a central register of bank accounts are not to be considered central bank tasks, nor do they facilitate the enforcement of such tasks (18). The ECB considers the task of establishing a central register pursuant to Article 30 of Directive (EU) 2015/849 to clearly be a government task since its purpose is to combat money laundering and the financing of terrorism. With a view to safeguarding the financial independence of the ESCB members and dispelling the monetary financing concerns associated with carrying out a government task, the ECB emphasises that, in taking up the task of operating a central register of accounts, the national legislation implementing the proposed directive should include a cost recovery mechanism with explicit procedures for monitoring, allocating and invoicing all costs incurred by the NCBs that are associated with operating and granting access to the central register.

2.   Technical observations and drafting proposals

Where the ECB recommends that the proposed directive is amended, specific drafting proposals are set out in a separate technical working document accompanied by an explanatory text. The technical working document is available in English on the ECB's website.

Done at Frankfurt am Main, 12 October 2016.

The President of the ECB

Mario DRAGHI


(1)  COM(2016) 450 final.

(2)  Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).

(3)  See recital 6 of the proposed directive.

(4)  See recital 6 and point (1) of Article 1 of the proposed directive.

(5)  See point (16) of Article 1 of the proposed directive.

(6)  See the FATF's ‘International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation: The FATF Recommendations’ (February 2012). See also the FATF report ‘Virtual Currencies — Key Definitions and Potential AML/CFT Risks’ (June 2014) and the FATF's ‘Guidance for a Risk-Based Approach — Virtual Currencies’ (June 2015). All documents are available on the FATF's website at: www.fatf-gafi.org

(7)  See page 13 of the Explanatory Memorandum accompanying the proposed directive and recitals 6 and 7 of the proposed directive. See also the European Parliament Committee on Economic and Monetary Affairs' Draft report on virtual currencies (2016/2007 (INI)) of 23 February 2016.

(8)  Point (2)(c) of Article 1 of the proposed directive. The definition appears to be based on that proposed in paragraph 19 of the European Banking Authority's (EBA) Opinion on virtual currencies of 4 July 2014 (EBA/Op/2014/08), available on the EBA's website at www.eba.europa.eu

(9)  See the definition of ‘currency’ in Article 2(a) of Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ L 151, 21.5.2014, p. 1).

See also page 16 of the International Monetary Fund's (IMF) Staff Discussion Note on ‘Virtual Currencies and Beyond: Initial Considerations’ (January 2016), available on the IMF's website at www.imf.org.

(10)  See the Preamble and Article 3(4) of the Treaty on European Union; Article 119(2) of the Treaty on the Functioning of the European Union; and Article 2 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139, 11.5.1998, p. 1).

(11)  See, for example, Articles 2 to 5 of the Japanese Payment Services Act, which define cyber-currency to exclude the yen and foreign currencies, and Section 103(8) of the United States' National Conference of Commissioners on Uniform State Laws Draft Regulation of Virtual Currency Businesses Act of February 2, 2016, which defines virtual currency to exclude money. For a broad analysis of the regulatory treatment of Bitcoin in 41 jurisdictions, see The Law Library of Congress' report ‘Regulation of Bitcoin in Selected Jurisdictions’ (January 2014); see also the proceedings of the Canadian Parliament's Standing Senate Committee on Banking, Trade and Commerce of 26 March 2014, where the Canadian Department of Finance stated that ‘virtual currency is not … the official currency of the country; it is not the Canadian dollar’.

(12)  See page 24 of the ECB's report ‘Virtual Currency Schemes – a further analysis’ (February 2015), available on the ECB's website at www.ecb.europa.eu

(13)  See page 15 of the BIS' Committee on Payments and Market Infrastructures' report on ‘Digital currencies’ (November 2015), available at www.bis.org

(14)  For instance, crypto-currencies like ‘ethers’, the currency unit of the ‘ethereum blockchain’, are traded on exchanges for investment or speculative purposes, but do not always serve as a means of payment. See also page 4 of the FATF ‘Guidance for a risk based approach — Virtual Currencies’ (June 2015), available on the FATF's website at www.fatf-gafi.org

(15)  See page 7 of the IMF Staff Discussion Note on ‘Virtual Currencies and Beyond: Initial Considerations’ (January 2016), available on the IMF's website at www.imf.org

(16)  See point (12) of Article 1 of the proposed directive.

(17)  See page 7 of the Explanatory Memorandum accompanying the proposed directive.

(18)  See, for example, paragraph 2.1 of Opinion CON/2011/30; paragraph 2 of Opinion CON/2011/98; paragraphs 3.1 and 3.2 of Opinion CON/2015/46; and paragraphs 3.1 to 3.8 of Opinion CON/2016/35. All ECB opinions are available on the ECB's website at www.ecb.europa.eu


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

9.12.2016   

EN

Official Journal of the European Union

C 459/7


Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision (CFSP) 2016/849, as amended by Council Decision (CFSP) 2016/2217, concerning restrictive measures against the Democratic People’s Republic of Korea

(2016/C 459/06)

The following information is brought to the attention of the persons and entities that appear in Annexes I and II to Council Decision (CFSP) 2016/849 (1), as amended by Council Decision (CFSP) 2016/2217 (2), concerning restrictive measures against the Democratic People’s Republic of Korea.

The United Nations Security Council has decided that you/your company should be included in the list of persons and entities subject to the measures imposed by UNSCR 2321 (2016).

Those concerned may submit at any time a request to the United Nations Security Council Committee established pursuant to resolution 1718 (2006), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such request should be sent to the following address:

United Nations – Focal point for delisting

Security Council Subsidiary Organs Branch

Room S-3055 E

New York, NY 10017

UNITED STATES OF AMERICA

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

Further to the UN decision, the Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex II to Council Regulation (EC) No 329/2007 (3), in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).

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

Council of the European Union

General Secretariat

DG C 1C - Horizontal Issues

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The attention of the persons and entities 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 141, 28.5.2016, p. 79.

(2)  OJ L 334, 9.12.2016, p. 35.

(3)  OJ L 88, 29.3.2007, p. 1.


European Commission

9.12.2016   

EN

Official Journal of the European Union

C 459/9


Euro exchange rates (1)

8 December 2016

(2016/C 459/07)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,0762

JPY

Japanese yen

122,61

DKK

Danish krone

7,4390

GBP

Pound sterling

0,84995

SEK

Swedish krona

9,7228

CHF

Swiss franc

1,0853

ISK

Iceland króna

 

NOK

Norwegian krone

9,0145

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,038

HUF

Hungarian forint

314,29

PLN

Polish zloty

4,4540

RON

Romanian leu

4,5020

TRY

Turkish lira

3,6676

AUD

Australian dollar

1,4406

CAD

Canadian dollar

1,4222

HKD

Hong Kong dollar

8,3475

NZD

New Zealand dollar

1,4973

SGD

Singapore dollar

1,5272

KRW

South Korean won

1 250,03

ZAR

South African rand

14,7162

CNY

Chinese yuan renminbi

7,4041

HRK

Croatian kuna

7,5355

IDR

Indonesian rupiah

14 298,93

MYR

Malaysian ringgit

4,7590

PHP

Philippine peso

53,465

RUB

Russian rouble

68,1900

THB

Thai baht

38,334

BRL

Brazilian real

3,6599

MXN

Mexican peso

21,8915

INR

Indian rupee

72,5055


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


9.12.2016   

EN

Official Journal of the European Union

C 459/10


Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC

(Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011)

(Text with EEA relevance)

(2016/C 459/08)

The provisions of Regulation (EU) No 305/2011 prevail over any conflicting provisions in the European Assessment Documents.

Reference and title of the European Assessment Document

Reference and title of the superseded European Assessment Document

Remarks

010001-00-0301

Precast concrete composite wall with point connectors

 

 

020001-00-0405

Multi-axis concealed hinge assemblies

 

 

020002-00-0404

Balcony (and terrace) glazing system without vertical frames

 

 

020011-00-0405

Roof, floor, wall and ceiling hatches providing access or for use as an emergency door/with or without fire resistance

 

 

040005-00-1201

Factory-made thermal and/or acoustic insulation products made of vegetable or animal fibres

 

 

040016-00-0404

Glass fibre mesh for reinforcement of cement based renderings

 

 

040048-00-0502

Rubber fibre mat to be used for impact sound insulation

 

 

040065-00-1201

Thermal insulation and/or sound absorbing boards based on expanded polystyrene and cement

 

 

040090-00-1201

Factory-made boards and products formed by moulding of an expanded polylactic acid (epla) for thermal and/or acoustical insulation.

 

 

040138-00-1201

In-situ formed loose fill thermal and/or acoustic insulation products made of vegetable fibres

 

 

040288-00-1201

Factory-made thermal and acoustic insulations made of polyester fibres

 

 

060001-00-0802

Chimney kit with clay/ceramic flue liner with classification T400 (minimum) N1 W3 GXX

 

 

060003-00-0802

Chimney kit with clay/ceramic flue liner and with specific outer wall with classification T400 (minimum) N1 W3 GXX

 

 

060008-00-0802

Chimney kit with clay/ceramic flue liner with classification T400 (minimum) N1/P1 W3 Gxx and with different outer walls and possible change of outer wall

 

 

070001-01-0504

Gypsum plasterboards for load-bearing applications

070001-00-0504

 

080002-00-0102

Non-reinforcing hexagonal geogrid for the stabilisation of unbound granular layers by way of interlock with the aggregate

 

 

090001-00-0404

Prefabricated compressed mineral wool boards with organic or inorganic finish and with specified fastening system

 

 

090017-00-0404

Point supported vertical glazing

 

 

090058-00-0404

Ventilated external wall cladding kit comprising a metallic honeycomb panel and its associated fixings

 

 

120001-01-0106

Microprismatic retro-reflective sheetings

120001-00-0106

 

120003-00-0106

Steel lighting columns

 

 

130002-00-0304

Solid wood slab element — element of dowel jointed timber boards to be used as a structural element in buildings

 

 

130005-00-0304

Solid wood slab element to be used as a structural element in buildings

 

 

130010-00-0304

Glued laminated timber made of hardwood — structural laminated veneer lumber made of beech

 

 

130011-00-0304

Prefabricated wood slab element made of mechanically jointed square-sawn timber members to be used as a structural element in buildings

 

 

130012-00-0304

Strength graded structural timber — Square edged logs with wane — Chestnut

 

 

130013-00-0304

Solid wood slab element to be used as a structural element in buildings — element of timber boards jointed by dovetail connections

 

 

130022-00-0304

Monolithic or laminated beam and wall logs made of timber

 

 

130033-00-0603

Nails and screws for use in nailing plates in timber structures

 

 

130167-00-0304

Strength graded structural timber — Square edged logs with wane — Softwood

 

 

150003-00-0301

High strength cement

 

 

180008-00-0704

Trapped gully — removable — mechanical closure

 

 

190002-00-0502

Dry floating flooring kit based on prefabricated interlocked units made of ceramic tiles and rubber mats

 

 

200002-00-0602

Tension rod system

 

 

200005-00-0103

Structural steel piles with hollow sections and rigid splices

 

 

200014-00-0103

Pile joints and rock shoes for concrete piles

 

 

200017-00-0302

Hot rolled products and structural components made of steel grades Q235B, Q235D, Q345B AND Q345D

 

 

200019-00-0102

Hexagonal woven mesh gabion boxes and mattresses

 

 

200022-00-0302

Thermo-mechanically rolled long steel products made of weldable fine grain structural steel of special steel grades

 

 

200026-00-0102

Steel wire mesh systems for reinforced fill

 

 

200033-00-0602

Nailed Shear Connector

 

 

200039-00-0102

Hexagonal woven mesh gabion boxes and mattresses with zinc coating

 

 

200043-00-0103

Pile pipes made of ductile iron

 

 

220007-00-0402

Fully supported copper alloy sheet and strip for roofing, external cladding and internal lining

 

 

220008-00-0402

Eaves profiles for terraces and balconies

 

 

220013-00-0401

Self-supporting ridgelight

 

 

220021-00-0402

Sun tunnel kits

 

 

220025-00-0401

Cantilevered Structural horizontal glazing (structural glass canopy/roof)

 

 

230004-00-0106

Wire ring mesh panels

 

 

230005-00-0106

Wire rope net panels

 

 

230008-00-0106

Double twisted steel wire mesh reinforced or not with ropes

 

 

230012-00-0105

Additives for asphalt production — bitumen granules made from recycled bituminous roofing felt

 

 

230025-00-0106

Flexible facing systems for slope stabilisation and rock protection

 

 

260006-00-0301

Polymeric concrete addition

 

 

280001-00-0704

Preassembled line unit for drainage or infiltration

 

 

290001-00-0701

Kit for the transport of cold and hot water inside buildings

 

 

320002-02-0605

Coated metal water stop sheet for construction and controlled crack joints in waterproof concrete

320002-00-0605

320002-01-0605

 

330008-02-0601

Anchor channels

330008-00-0601

330008-01-0601

 

330011-00-0601

Adjustable concrete screws

 

 

330012-00-0601

Cast-in anchor with internal threaded socket

 

 

330075-00-0601

Elevator lifting device

 

 

330079-00-0602

Floor Fixing Assemblies for use in Checker Plate or Open Bar Grating

 

 

330080-00-0602

High Slip Resistance Clamp (HSR) Assembly

 

 

330083-00-0601

Power-actuated fastener for multiple use in concrete for non-structural applications

 

 

330084-00-0601

Steel-plate with cast-in anchors

 

 

330153-00-0602

Cartridge fired pin for connections of thin gauge steel members and sheeting

 

 

330155-00-0602

Self-adjustable clamp assembly

 

 

330196-00-0604

Plastic anchors for fixing of external thermal insulation composite systems (ETICS) with rendering

ETAG 014

 

330232-00-0601

Mechanical fasteners for use in concrete

ETAG 001-1

ETAG 001-2

ETAG 001-3

ETAG 001-4

 

340002-00-0204

Panels of steel wires with incorporated thermal insulation for a whole structure

 

 

340006-00-0506

Prefabricated stair kits

ETAG 008

 

340020-00-0106

Flexible kits for retaining debris flows and shallow landslides/open hill debris flows

 

 

340025-00-0403

Substructure kit for heated buildings

 

 

340037-00-0204

Lightweight steel/wood load bearing roof elements

 

 

350003-00-1109

Kit for fire resistant service ducts consisting of prefabricated connection pieces (made of mechanically pre-coated steel sheet) and accessories

 

 

350005-00-1104

Intumescent products for fire sealing and fire stopping purposes

 

 

350134-00-1104

Fireproof water trap with intumescent fire seal (combined with a stainless steel floor gully penetration

 

 

360005-00-0604

Cavity Tray

 

 

Note:

European Assessment Documents (EAD) are adopted by the European Organisation for Technical Assessment (EOTA) in English. The European Commission is not responsible for the correctness of the titles which have been provided by EOTA for publication in the Official Journal of the European Union.

Publication of the references of European Assessment Documents in the Official Journal of the European Union does not imply that the European Assessment Documents are available in all the official languages of the European Union.

The European Organisation for Technical Assessment (http://www.eota.eu) shall keep the European Assessment Document available by electronic means in line with the provisions of point 8 of Annex II to Regulation (EU) No 305/2011.

This list replaces all the previous lists published in the Official Journal of the European Union. The European Commission ensures the updating of this list.


Court of Auditors

9.12.2016   

EN

Official Journal of the European Union

C 459/15


Special Report No 28/2016

‘Dealing with serious cross-border threats to health in the EU: important steps taken but more needs to be done’

(2016/C 459/09)

The European Court of Auditors hereby informs you that Special Report No 28/2016 ‘Dealing with serious cross-border threats to health in the EU: important steps taken but more needs to be done’ has just been published.

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


NOTICES FROM MEMBER STATES

9.12.2016   

EN

Official Journal of the European Union

C 459/16


Information communicated by Member States regarding closure of fisheries

(2016/C 459/10)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

Date and time of closure

14.11.2016

Duration

14.11-31.12.2016

Member State

France

Stock or Group of stocks

SBR/678-

Species

Red seabream (Pagellus bogaraveo)

Zone

Union and international waters of VI, VII and VIII

Type(s) of fishing vessels

Reference number

38/DSS


(1)  OJ L 343, 22.12.2009, p. 1.


V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

9.12.2016   

EN

Official Journal of the European Union

C 459/17


Notice of initiation of an anti-dumping proceeding concerning imports of certain corrosion resistant steels originating in the People's Republic of China

(2016/C 459/11)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of certain corrosion resistant steels, originating in the People's Republic of China, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 25 October 2016 by the European Steel Association (‘Eurofer’) on behalf of eight Union producers (‘the complainants’) of certain corrosion resistant steels representing more than 53 % of the total Union production of some corrosion resistant steels.

2.   Product under investigation

The product under investigation is certain corrosion resistant steels (‘CRS’) originating in the People's Republic of China. These are flat-rolled products of iron or alloy steel or non-alloy steel; aluminium killed; plated or coated by hot dip galvanisation with zinc and/or with aluminium, and no other metal; chemically passivated; containing by weight: 0,015 % or more but not more than 0,170 % of carbon, 0,015 % or more but not more than 0,100 % of aluminium, not more than 0,045 % of niobium, not more than 0,010 % of titanium and not more than 0,010 % of vanadium; presented in coils, cut-to-length sheets and narrow strips.

The following products are excluded:

of stainless steel, of silicon-electrical steel, and of high-speed steel,

not further worked than hot-rolled or cold-rolled (cold-reduced).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People's Republic of China (‘the country concerned’), currently falling within the following CN codes: ex 7210 41 00, ex 7210 49 00, ex 7210 61 00, ex 7210 69 00, ex 7212 30 00, ex 7212 50 61, ex 7212 50 69, ex 7225 92 00, ex 7225 99 00, ex 7226 99 30 and ex 7226 99 70 (TARIC codes: 7210410020, 7210490020, 7210610020, 7210690020, 7212300020, 7212506120, 7212506920, 7225920020, 7225990022, 7225990035, 7225990092, 7226993010, 7226997094). These CN codes are given for information only.

Since, in view of the provisions of Article 2(7) of the basic Regulation, the People's Republic of China is considered to be a non-market economy country, the complainants have established a normal value for the imports from the People's Republic of China on the basis of the price in a market economy third country, namely Canada. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margins calculated are significant for the country concerned.

4.   Allegation of injury and causation

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

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

5.   Procedure

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

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

5.1.    Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 October 2015 to 30 September 2016 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2013 to the end of the investigation period (‘the period considered’).

5.2.    Procedure for the determination of dumping

Exporting producers (2) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.2.1.   Investigating exporting producers

5.2.1.1.   Procedure for selecting exporting producers to be investigated in the People's Republic of China

(a)   Sampling

In view of the potentially large number of exporting producers in the People's Republic of China involved in this proceeding 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, 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 information on their companies) requested in Annex I to this Notice.

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the People's Republic of China 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 exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the People's Republic of China and associations of exporting producers will be notified by the Commission, via the authorities of the People's Republic of China if appropriate, of the companies selected to be in the sample.

In order to obtain 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 People's Republic of China.

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’). Without prejudice to section (b) below, the anti-dumping duty that may be applied to imports from non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (3).

(b)   Individual dumping margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days of the date of notification of the sample selection, unless otherwise specified. The Commission will examine whether they can be granted an individual duty in accordance with Article 9(5) of the basic Regulation. These exporting producers in the non-market economy country who consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’) and return it duly completed within the deadlines specified in section 5.2.2.2. below.

However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

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

5.2.2.1.   Selection of a market economy third country

Subject to the provisions of section 5.2.2.2. below, in accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from People's Republic of China normal value will be determined on the basis of the price or constructed value in a market economy third country. For this purpose the Commission will select an appropriate market economy third country. The Commission has provisionally chosen Canada. According to the information available to the Commission, other market economy producers are, inter alia, Taiwan, Turkey, Australia, Republic of Korea and India (4). With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the product under investigation is taking place. Interested parties are hereby invited to comment on the appropriateness of the choice of the analogue country within 10 days of the date of publication of this Notice in the Official Journal of the European Union.

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

In accordance with Article 2(7)(b) of the basic Regulation, individual exporting producers in the country concerned, which consider that market economy conditions prevail for them in respect of the manufacture and sale of the product under investigation, may submit a properly substantiated market economy treatment claim to this effect (‘MET claim’). MET will be granted if the assessment of the MET claim shows that the criteria laid down in Article 2(7)(c) of the basic Regulation (5) are fulfilled. The dumping margin of the exporting producers granted MET will be calculated, to the extent possible and without prejudice to the use of facts available pursuant to Article 18 of the basic Regulation, by using their own normal value and export prices in accordance with Article 2(7)(b) of the basic Regulation.

The Commission will send MET claim forms to all the exporting producers in the People's Republic of China selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the People's Republic of China. The Commission will assess only MET claim forms submitted by the exporting producers in the People's Republic of China selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.

All exporting producers claiming MET must submit a completed MET claim form within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

5.2.3.   Investigating unrelated importers  (6)  (7)

Unrelated importers of the product under investigation from the countries concerned to the Union are invited to participate in this investigation.

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

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties 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 companies 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 investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain 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 injury and investigating Union producers

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

In view of the large number of Union producers involved in this proceeding 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, 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 information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association 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 existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would 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 investigation.

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

5.5.    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 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 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’ (8).

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

a)

TRADE-CRS-DUMPING@ec.europa.eu — to be used by exporting producers, related importers, their associations, representatives of the country concerned and for analogue country-related issues.

b)

TRADE-CRS-INJURY@ec.europa.eu — to be used for sending the Annex II and for issues linked to the determination of injury and the assessment of the Union interest.

6.   Non-cooperation

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

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

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

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 dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/

8.   Schedule of the investigation

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

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council 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 (9).


(1)  OJ L 176, 30.6.2016, p. 21.

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

(3)  Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation will be disregarded.

(4)  Prima facie evidence shows that India cannot be considered an appropriate analogue country due to the market distortions like the Minimum Import Prices Regulation put in place this year and the subsidies, in particular the imposition of an export tax on iron ore and the dual freight policy for railway transport of iron ore which reduce the cost of the main raw material for producers of the product under investigation. The Republic of Korea is an economy with large conglomerates in which supplier/customer relations are often unclear.

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

(6)  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 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

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

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

(9)  OJ L 8, 12.1.2001, p. 1.


ANNEX I

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ANNEX II

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OTHER ACTS

European Commission

9.12.2016   

EN

Official Journal of the European Union

C 459/28


Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2016/C 459/12)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

‘NOVAC AFUMAT DIN ŢARA BÂRSEI’

EU No: RO-PDO-0005-01183 — 20.11.2013

PDO ( ) PGI ( X )

1.   Name

‘Novac afumat din Ţara Bârsei’

2.   Member State or Third Country

Romania

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.7. Fresh fish, molluscs, and crustaceans and products derived therefrom

3.2.   Description of product to which the name in (1) applies

‘Novac afumat din Ţara Bârsei’ is a smoked fish fillet obtained from the bighead carp (Arystichthys nobilis) species. It is placed on the market in smoked form.

Organoleptic characteristics:

Appearance:

smoked fish fillets with a weight of 100-400 g,

smoked fish fillets with a smooth surface that is free of any discolouration or skin tears.

Colour:

golden on the skin side,

reddish-brown on the muscle side.

Aroma and taste:

no aroma or taste of silt, alluvium or grass,

specific aroma of hot-smoked fish.

Physical-chemical characteristics:

Sodium chloride: maximum 5 %

Moisture content: 65-75 %

Protein: minimum 11 %

Fat: maximum 4 %

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

Bighead carp feed mainly on zooplankton and also consume small quantities of planktonic algae and insects or insect larvae.

Bighead carp is the raw material for the finished product ‘Novac afumat din Ţara Bârsei’, and is obtained from a 3-year growth cycle in fish farms within the defined geographical area. The fish is selected from the 1 200 to 2 000 g weight group.

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

All the steps in the production process used to obtain ‘Novac afumat din Ţara Bârsei’ take place within the defined geographical area. The production of ‘Novac afumat din Ţara Bârsei’ involves the following stages: rearing the bighead carp, acceptance (conditioning and storage), preliminary processing (scaling, decapitation, evisceration and washing), filleting, salting, smoking and maturing the fish.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

3.6.   Specific rules concerning labelling of the product the registered name refers to

4.   Concise definition of the geographical area

The geographical area comprises the administrative territories of the municipalities of: Dumbrăvița, Feldioara, Hălchiu, Bod and Hărman. These are localities in the lowlands of the Olt and are bordered by: the administrative boundary of the municipality of Măierus to the north; the river Olt to the east; the administrative territory of the municipality of Prejmer to the south-east; the administrative territory of Brașov and Sânpetru to the south; the administrative territory of Codlea to the south-west; the Perșani mountains to the west; and the administrative territory of the municipality of Crizbav to the north-west.

Image

5.   Link with the geographical area

Natural factors

Groundwater:

From a hydrogeological point of view, the area has aquifers in the calcareous rocks and the conglomerate on the edge of the Bârsei depression. The fissures and holes through which water from atmospheric precipitation (rain, snow) flows and the slopes with their numerous springs feed the hydrographic network. The water in the streams running through these areas characterised by hard siliceous rocks is clear and pH neutral, optimum for the development of bighead carp.

Soil:

Even though it is situated in a mountain area, the defined geographical area has some of the characteristics of plains. Fish farms in the defined geographical area have hydromorphic soils that include swamps (gleysols, black soils) and climo-hydromorphic soils (meadow soils) which are favourable to the development of the organisms on which this species of fish feeds.

Protected rural areas:

The production of ‘Novac afumat din Ţara Bârsei’ is closely linked to its place of origin in the defined area in which the sources of water essential for fish farming are located, thanks to the natural proximity of the floodplain of the river Olt and its tributaries.

The rate of production and the quality of the bighead carp are enhanced by the soils on which the fish farms have been built and the diversity and quality of the natural resources for feed.

Human factors

The high yield (300 kg/ha) lent itself to processing and preservation of bighead carp. One of the processing methods is hot smoking, used since ancient times.

Most of the activities related to the production of ‘Novac afumat din Ţara Bârsei’ are carried out by hand. This means that the experience and know-how of local people play an important role.

Ancient local salting and smoking techniques are used, which form part of the stages of production that define the characteristics of the product.

Specificity of the product

The characteristic features of ‘Novac afumat din Ţara Bârsei’ are:

the low fat content (below or equal to 4 %) compared to fish grown in other fish-farming areas outside the geographical area, due to the slower growth rate of the bighead carp in water that has lower temperatures (24 °C — summer maximum),

the compact structure of the fillets, resulting from the fish’s feed; the quality of the plankton is determined by natural factors that are specific to the area, namely the pure water and hydromorphic soils that enhance the development of the organisms that constitute the feed for this fish species,

the pleasant aroma, conferred by the method of hot smoking using beech sawdust from the defined geographical area,

in general, fillets obtained from bighead carp from outside the geographical area have a 2-year growth cycle and weigh over 4 000 g.

The natural factors of the defined geographical area influence the product’s qualities. However, it is the combination of the natural factors with the technical experience in rearing the fish and smoking the fillets that define the specific character of the product.

Since time immemorial, the people of this area have practised fishing and fish preservation methods, including hot smoking using beech sawdust. The preservation process follows the tradition of hot smoking. The smoking and cooking procedure takes place inside a chamber at a temperature of 75-80 °C, with the centre of the product reaching a temperature of 70 °C, for a minimum of 5 minutes at 25 % humidity.

The characteristics of hot-smoked bighead carp fillet are appreciated by consumers at specialised trade fairs.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

www.madr.ro

http://www.madr.ro/docs/ind-alimentara/produse-traditionale/caiet-sarcini-novac-afumat-din-tara-barsei-igp-.pdf


(1)  OJ L 343, 14.12.2012, p. 1.


Corrigenda

9.12.2016   

EN

Official Journal of the European Union

C 459/31


Corrigendum to Call for proposals — ‘Support for information measures relating to the common agricultural policy (CAP)’ for 2017

( Official Journal of the European Union C 401 of 29 October 2016 )

(2016/C 459/13)

On page 18, Section 9, ‘Award Criteria’, first paragraph:

for:

‘The different communication tools and activities included in the information measure should be interconnected, clear in their conceptual approach and in the results to be achieved. They should also have a significant impact that can be measured through relevant indicators referred to in Section 11.4.’,

read:

‘The different communication tools and activities included in the information measure should be interconnected, clear in their conceptual approach and in the results to be achieved.’;

on page 20, point 11.1(e), fourth paragraph:

for:

‘In the event of procurement exceeding EUR 70 000’,

read:

‘In the event of procurement exceeding EUR 60 000’.