ISSN 1977-091X

Official Journal

of the European Union

C 442

European flag  

English edition

Information and Notices

Volume 63
21 December 2020


Contents

page

 

II   Information

 

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2020/C 442/01

Non-opposition to a notified concentration (Case M.9998 — Sumitomo/Tech Mahindra/JV) ( 1 )

1

2020/C 442/02

Non-opposition to a notified concentration (Case M.10051 — Allianz SE/TEF Infra/UGG) ( 1 )

2

2020/C 442/03

Non-opposition to a notified concentration (Case M.9798 — BorgWarner/Delphi Technologies) ( 1 )

3


 

IV   Notices

 

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

 

European Commission

2020/C 442/04

Euro exchange rates — 18 December 2020

4

2020/C 442/05

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) ( OJ C 396, 30.12.2006 )  ( 1 )

5


 

V   Announcements

 

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

 

European Commission

2020/C 442/06

Notice of initiation of an anti-dumping proceeding concerning imports of certain iron or steel fasteners originating in the People’s Republic of China

6

2020/C 442/07

Notice of initiation of an anti-subsidy proceeding concerning imports of optical fibre cables originating in the People’s Republic of China

18

 

OTHER ACTS

 

European Commission

2020/C 442/08

Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

30


 


 

(1)   Text with EEA relevance.

EN

 


II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

21.12.2020   

EN

Official Journal of the European Union

C 442/1


Non-opposition to a notified concentration

(Case M.9998 — Sumitomo/Tech Mahindra/JV)

(Text with EEA relevance)

(2020/C 442/01)

On 11 December 2020, 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 32020M9998. EUR-Lex is the on-line access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


21.12.2020   

EN

Official Journal of the European Union

C 442/2


Non-opposition to a notified concentration

(Case M.10051 — Allianz SE/TEF Infra/UGG)

(Text with EEA relevance)

(2020/C 442/02)

On 11 December 2020, 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 32020M10051. EUR-Lex is the on-line access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


21.12.2020   

EN

Official Journal of the European Union

C 442/3


Non-opposition to a notified concentration

(Case M.9798 — BorgWarner/Delphi Technologies)

(Text with EEA relevance)

(2020/C 442/03)

On 30 September 2020, 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 32020M9798. EUR-Lex is the on-line access to European law.


(1)  OJ L 24, 29.1.2004, p. 1.


IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

21.12.2020   

EN

Official Journal of the European Union

C 442/4


Euro exchange rates (1)

18 December 2020

(2020/C 442/04)

1 euro =


 

Currency

Exchange rate

USD

US dollar

1,2259

JPY

Japanese yen

126,69

DKK

Danish krone

7,4393

GBP

Pound sterling

0,90828

SEK

Swedish krona

10,1333

CHF

Swiss franc

1,0845

ISK

Iceland króna

156,40

NOK

Norwegian krone

10,5163

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,139

HUF

Hungarian forint

357,24

PLN

Polish zloty

4,4779

RON

Romanian leu

4,8688

TRY

Turkish lira

9,3988

AUD

Australian dollar

1,6107

CAD

Canadian dollar

1,5638

HKD

Hong Kong dollar

9,5039

NZD

New Zealand dollar

1,7201

SGD

Singapore dollar

1,6282

KRW

South Korean won

1 346,95

ZAR

South African rand

17,8699

CNY

Chinese yuan renminbi

8,0146

HRK

Croatian kuna

7,5328

IDR

Indonesian rupiah

17 337,60

MYR

Malaysian ringgit

4,9532

PHP

Philippine peso

58,930

RUB

Russian rouble

90,2025

THB

Thai baht

36,556

BRL

Brazilian real

6,2668

MXN

Mexican peso

24,3280

INR

Indian rupee

90,1170


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


21.12.2020   

EN

Official Journal of the European Union

C 442/5


Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006  (1) )

(Text with EEA relevance)

(2020/C 442/05)

Decisions granting an authorisation

Reference of the decision (2)

Date of decision

Substance name

Holder of the authorisation

Authorisation number

Authorised use

Date of expiry of review period

Reasons for the decision

C(2020) 8735

14.12.2020

Chromium trioxide

EC No 215-607-8, CAS No 1333-82-0

REACHLaw Ltd, Vänrikinkuja 3 JK 21, 02600, Espoo, Finland

REACH/20/17/0

Formulation of mixtures exclusively for uses REACH/20/17/1 and REACH/20/17/2

21 September 2024

In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health from the use of the substance and there are no suitable alternative substances or technologies.

REACH/20/17/1

Functional chrome plating where any of the following key functionalities is necessary for the intended use: wear resistance, hardness, layer thickness, corrosion resistance, coefficient of friction, or effect on surface morphology

REACH/20/17/2

Surface treatment (except passivation of tin-plated steel (ETP)) for applications in various industry sectors (unrelated to functional chrome plating or functional chrome plating with decorative character) namely architectural, automotive, metal manufacturing and finishing, and general engineering, where any of the following key functionalities is necessary for the intended use: corrosion resistance/ active corrosion inhibition, layer thickness, humidity resistance, adhesion promotion (adhesion to subsequent coating or paint), resistivity, chemical resistance, wear resistance, electrical conductivity, compatibility with substrate, (thermo) optical properties (visual appearance), heat resistance, food safety, coating tension, electric insulation, or deposition speed


(1)  OJ L 396, 30.12.2006 , p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm


V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

21.12.2020   

EN

Official Journal of the European Union

C 442/6


Notice of initiation of an anti-dumping proceeding concerning imports of certain iron or steel fasteners originating in the People’s Republic of China

(2020/C 442/06)

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 iron or steel fasteners, originating in the People’s Republic of China, are being dumped and are thereby causing injury (2) to the Union industry.

1.   Complaint

The complaint was lodged on 6 November 2020 by the European Industrial Fasteners Institute (‘the complainant’). The complaint was made on behalf of the Union industry of certain iron or steel fasteners in the sense of Article 5(4) of the basic Regulation.

An open version of the complaint and the analysis of the degree of support by Union producers for the complaint are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.

2.   Product under investigation

The product subject to this investigation is certain fasteners of iron or steel, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws and bolts for fixing railway track construction material), and washers (‘the product under investigation’).

All interested parties wishing to submit information on the product scope must do so within 10 days of the date of publication of this Notice (3).

3.   Allegation of dumping

The product allegedly being dumped is the product under investigation, originating in the People’s Republic of China (‘the PRC’ or ‘the country concerned’), currently classified under CN codes 7318 12 90, 7318 14 91, 7318 14 99, 7318 15 58, 7318 15 68, 7318 15 82, 7318 15 88, ex 7318 15 95 (TARIC codes 7318159519 and 7318159589), ex 7318 21 00 (TARIC codes 7318210031, 7318210039, 7318210095 and 7318210098) and ex 7318 22 00 (TARIC codes 7318220031, 7318220039, 7318220095 and 7318220098). The CN and TARIC codes are given for information only.

The complainant claimed that it is not appropriate to use domestic prices and costs in the PRC, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.

To substantiate the allegations of significant distortions, the complainant relied on the information contained in the ‘Commission Staff Working Document on Significant Distortions in the Economy of the PRC’ dated 20 December 2017 (the ‘Commission Report’) (4) describing the specific market circumstances in the PRC. In particular, the complainant claimed that the production and sale of the product under investigation is potentially affected by the factors mentioned, inter alia, in the chapters on energy, raw materials and other material inputs and steel sector of the report. Additionally, the complainant provided the reports ‘European Business in China, Position Paper’ published in 2018/2019 and 2019/2020 by the EU Chamber of Commerce in the PRC, which examine the distortions of the market in the PRC, notably in several sectors that are users of fasteners. Furthermore, the complainant provided two reports produced by Think!Desk China Research & Consulting, pointing to the existence of distortions in the Chinese steel sector, which is a major raw material for the production of fasteners.

As a result, in view of Article 2(6a)(a) of the basic Regulation, the allegation of dumping is based on a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or benchmarks, with the export price (at ex-works level) of the product under investigation when sold for export to the Union. On that basis the dumping margins calculated are significant for the country concerned.

In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9) of the basic Regulation tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in the country concerned is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Regulation.

The country report is available in the file for inspection by interested parties and on DG Trade's website (5).

4.   Allegation of injury and causation

The complainant has 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 evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment 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 under Article 21 of the basic Regulation.

Regulation (EU) 2018/825 of the European Parliament and of the Council (6), which entered into force on 8 June 2018 (TDI Modernisation package), introduced significant changes to the timetable and deadlines previously applicable in anti-dumping proceedings. The time-limits for interested parties to come forward, in particular at the early stage of investigations, are shortened.

The Commission also draws the attention of the parties that further to the COVID-19 outbreak a Notice (7) was published on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

5.1.    Investigation period and period considered

The investigation of dumping and injury will cover the period from 1 July 2019 to 30 June 2020 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2017 to the end of the investigation period (‘the period considered’).

5.2.    Comments on the complaint and the initiation of the investigation

All interested parties wishing to comment on the complaint (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the complaint) must do so within 37 days of the date of publication of this Notice.

Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.

5.3.    Procedure for the determination of dumping

Exporting producers (8) of the product under investigation from the country concerned are invited to participate in the Commission investigation.

5.3.1.   Investigating exporting producers

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

(a)   Sampling

In view of the potentially large number of exporting producers in the country concerned 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 provide the Commission with information on their company(ies) within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/98d706b5-8e14-4b8f-5e14-3f2760abdb6b. Tron access information can be found in sections 5.6 and 5.8 below.

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission has also contacted the authorities of the country concerned and may contact any known associations of exporting producers.

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 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.

Once the Commission has received the necessary information to select a sample of exporting producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled exporting producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

The Commission will add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade's website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2504

The questionnaire will also be made available to any known association of exporting producers, and to the authorities of the country concerned.

Without prejudice to the possible application of Article 18 of the basic Regulation, exporting producers that have agreed to be included in the sample but are not selected as part of the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section 5.3.1.1(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 (9).

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

Pursuant to Article 17(3) of the basic Regulation, non-sampled cooperating exporting producers may request the Commission to establish their individual dumping margins. Exporting producers wishing to claim an individual dumping margin must fill in the questionnaire and return it duly completed within 30 days of the date of notification of the sample selection, unless otherwise specified. A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade's website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2504. The Commission will examine whether non-sampled cooperating exporting producers can be granted an individual duty in accordance with Article 9(5) of the basic Regulation.

However, non-sampled cooperating 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 non-sampled cooperating exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.3.2.   Additional procedure with regard to the country concerned subject to significant distortions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation. This information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice, unless otherwise specified.

In particular, the Commission invites all interested parties to make their views known on the inputs and the Harmonised System (HS) codes provided in the complaint, propose (an) appropriate representative country(ies) and provide the identity of producers of the product under investigation in those countries. This information and supporting evidence must reach the Commission within 15 days of the date of publication of this Notice.

Pursuant to point (e) of Article 2(6a) of the basic Regulation, the Commission will shortly after initiation, by means of a note to the file for inspection by interested parties, inform parties to the investigation about the relevant sources, including the selection of an appropriate representative third country where appropriate, that it intends to use for the purpose of determining normal value pursuant to Article 2(6a). Parties to the investigation are to be given 10 days to comment on the note, in accordance with point (e) of Article 2(6a). According to the information available to the Commission, possible appropriate representative third countries are Brazil and Turkey.

With the aim of finally selecting the appropriate representative third country, the Commission will examine whether those third countries have a similar level of economic development as that of the country concerned, whether there is production and sales of the product under investigation in those third countries and whether relevant data are readily available. Where there is more than one representative third country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection.

In the context of this exercise, the Commission invites all producers in the country concerned to provide information on the materials (raw and processed) and energy used in the production of the product under investigation within 15 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/34cf9b9a-5c1a-ee8f-2c5d-f09a155c3473. Tron access information can be found in sections 5.6 and 5.8 below.

Furthermore, any submissions of factual information to value costs and prices pursuant to point (a) of Article 2(6a) of the basic Regulation must be filed within 65 days of the date of publication of this Notice. Such factual information should be taken exclusively from publicly available sources.

5.3.3.   Investigating unrelated importers (10) (11)

Unrelated importers of the product under investigation 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 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 provide the Commission with the information on their company(ies) requested in the Annex to this Notice within 7 days of the date of publication of 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.

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.

Once the Commission has received the necessary information to select a sample, it will inform the parties concerned of its decision on the sample of importers. The Commission will also add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

In order to obtain information it deems necessary for its investigation, the Commission will make available questionnaires to the sampled unrelated importers. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the decision about the sample, unless otherwise specified.

A copy of the questionnaire for importers is available in the file for inspection by interested parties and on DG Trade's website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2504

5.4.    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 concerned 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 comment on the provisional sample. In addition, 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 7 days of the date of publication of this Notice. All comments regarding the provisional sample must be received within 7 days of the date of publication of this Notice, 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.

The sampled Union producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade's website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2504

5.5.    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, trade unions and representative consumer organisations are invited to provide the Commission with information on the Union interest. In order to participate in the investigation, the representative consumer organisations have to demonstrate that there is an objective link between their activities and the product under investigation.

Information concerning the assessment of Union interest must be provided within 37 days of the date of publication of this Notice unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. A copy of the questionnaires, including the questionnaire for users of the product under investigation, is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2504. The information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.6.    Interested parties

In order to participate in the investigation interested parties, such as exporting producers, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations first have to demonstrate that there is an objective link between their activities and the product under investigation.

Exporting producers, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.3, 5.4 and 5.5 above will be considered as interested parties if there is an objective link between their activities and the product under investigation.

Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under investigation. Being considered as an interested party is without prejudice to the application of Article 18 of the basic Regulation.

Access to the file available for inspection for interested parties is made via Tron.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access (12).

5.7.    Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission's investigation services.

Any request to be heard must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

The timeframe for hearings is as follows:

For any hearings to take place before the deadline for the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice and the hearing will normally take place within 60 days of the date of publication of this Notice.

After the stage of provisional findings, a request should be made within 5 days from the date of the disclosure of the provisional findings or of the information document, and the hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document.

At the stage of definitive findings, a request should be made within 3 days from the date of the final disclosure, and the hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure, and the hearing will normally take place within the deadline to provide comments on this disclosure.

The outlined timeframe is without prejudice to the right of the Commission services to accept hearings outside the timeframe in duly justified cases and to the right of the Commission to deny hearings in duly justified cases. Where the Commission services refuse a hearing request, the party concerned will be informed of the reasons for such refusal.

In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.

5.8.    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 the Commission a) 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 ‘Sensitive’ (13). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Sensitive’ 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’. Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.

If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI) including scanned powers of attorney and certification sheets. By using TRON.tdi or 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 TRON.tdi or 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 via TRON.tdi and 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 G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Emails:

TRADE-AD676-FAST-DUMPING@ec.europa.eu

TRADE-AD676-FAST-INJURY@ec.europa.eu

6.   Schedule of the investigation

The investigation will be concluded, pursuant to Article 6(9) of the basic Regulation within normally 13, but not more than 14 months of the date of the publication of this Notice. In accordance with Article 7(1) of the basic Regulation, provisional measures may be imposed normally not later than 7 months, but in any event not later than 8 months from the publication of this Notice.

In accordance with Article 19a of the basic Regulation, the Commission will provide information on the planned imposition of provisional duties 4 weeks before the imposition of provisional measures. Interested parties will be given 3 working days to comment in writing on the accuracy of the calculations.

In cases where the Commission intends not to impose provisional duties but to continue the investigation, interested parties will be informed, by means of an information document, of the non-imposition of duties 4 weeks before the expiry of the deadline under Article 7(1) of the basic Regulation.

Interested parties will be given 15 days to comment in writing on the provisional findings or on the information document, and 10 days to comment in writing on the definitive findings, unless otherwise specified. Where applicable, additional final disclosures will specify the deadline for interested parties to comment in writing.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in sections 5 and 6 of this Notice. The submission of any other information not covered by those sections, should respect the following timetable:

Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified.

Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the disclosure of the provisional findings or the information document at the stage of provisional findings. After this deadline, interested parties may only submit new factual information if they can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner.

In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure.

8.   Possibility to comment on other parties' submissions

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties' submissions and may not raise new issues.

Such comments should be made according to the following timeframe:

Any comment on information submitted by other interested parties before the deadline of imposition of provisional measures should be made at the latest on day 75 from the date of publication of this Notice, unless otherwise specified.

Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified.

Comments on the information provided by other interested parties in reaction to the final disclosure should be submitted within 3 days from the deadline to comment on the final disclosure, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this disclosure should be made within 1 day from the deadline to comment on this disclosure, unless otherwise specified.

The outlined timeframe is without prejudice to the Commission's right to request additional information from interested parties in duly justified cases.

9.   Extension to time limits specified in this Notice

Any extension to the time limits provided for in this Notice should only be requested in exceptional circumstances and will only be granted if duly justified.

In any event, any extension to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days.

Regarding time limits for the submission of other information specified in the Notice of Initiation, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

10.   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.

11.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services 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. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in the due course.

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. In principle, the timeframes set out in section 5.7 to request hearings with the Commission services apply mutatis mutandis to requests for hearings with the Hearing Officer. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

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/

12.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (14).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG TRADE’s website: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/


(1)  OJ L 176, 30.6.2016, p. 21.

(2)  The general term ‘injury’ refers to material injury as well as to threat of material injury or material retardation of the establishment of an industry as set out in Article 3(1) of the basic Regulation.

(3)  References to the publication of this Notice mean publication of this Notice in the Official Journal of the European Union.

(4)  Commission Staff Working Document, on Significant Distortions in the Economy of the People's Republic of China for the Purposes of Trade Defence Investigations, 20.12.2017, SWD (2017) 483 final/2, available at: http://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf

(5)  Documents cited in the country report may also be obtained upon a duly reasoned request.

(6)  Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 143, 7.6.2018, p. 1).

(7)  On the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (OJ C 86, 16.3.2020, p. 6).

(8)  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.

(9)  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.

(10)  This section covers only importers not related to exporting producers. 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).

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

(12)  In case of technical problems please contact the Trade Service Desk by email trade-service-desk@ec.europa.eu or by telephone +32 22979797.

(13)  A 'Sensitive' 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).

(14)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


ANNEX

‘Sensitive’ version

Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN IRON OR STEEL FASTENERS ORIGINATING IN THE PEOPLE’S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3.3 of the notice of initiation.

Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ should be returned to the Commission as set out in the notice of initiation.

1.   IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

 

Address

 

Contact person

 

E-mail address

 

Telephone

 

2.   TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of the company, and the value in euros (EUR) and volume in tonnes for imports into the Union and resales on the Union market after importation from the People’s Republic of China, during the investigation period, of the product under investigation as defined in the notice of initiation.

 

Tonnes

Value in euros (EUR)

Total turnover of your company in euros (EUR)

 

 

Imports of the product under investigation originating in the People’s Republic of China into the Union

 

 

Imports of the product under investigation into the Union (all origins)

 

 

Resales on the Union market after importation from the People’s Republic of China of the product under investigation

 

 

3.   ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of the company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under investigation. Such activities could include but are not limited to purchasing the product under investigation or producing it under sub-contracting arrangements, or processing or trading the product under investigation.

Company name and location

Activities

Relationship

 

 

 

 

 

 

 

 

 

4.   OTHER INFORMATION

 

Please provide any other relevant information which the company considers useful to assist the Commission in the selection of the sample.

5.   CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:


(1)  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).


21.12.2020   

EN

Official Journal of the European Union

C 442/18


Notice of initiation of an anti-subsidy proceeding concerning imports of optical fibre cables originating in the People’s Republic of China

(2020/C 442/07)

The European Commission (‘the Commission’) has received a complaint pursuant to Article 10 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1) (‘the basic Regulation’), alleging that imports of optical fibre cables, originating in the People’s Republic of China are being subsidised and are thereby causing injury (2) to the Union industry.

1.   Complaint

The complaint was lodged on 5 November 2020 by Europacable (‘the complainant’). The complaint was made on behalf of the Union industry of optical fibre cables (‘OFC’) in the sense of Article 10(6) of the basic Regulation.

An open version of the complaint and the analysis of the degree of support by Union producers for the complaint are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.

2.   Product under investigation

The product subject to this investigation is single mode optical fibre cables, made up of one or more individually sheathed fibres, with protective casing, whether or not containing electric conductors (‘the product under investigation’).

The following products are excluded:

(i)

cables in which all the optical fibres are individually fitted with operational connectors at one or both extremities; and

(ii)

plastic insulated optical fibre cables for submarine use, containing a copper or aluminium conductor, in which fibres are contained in metal module(s).

All interested parties wishing to submit information on the product scope must do so within 10 days of the date of publication of this Notice (3).

3.   Allegation of subsidisation

The product allegedly being subsidised is the product under investigation originating in the People’s Republic of China (‘the PRC’ or ‘the country concerned’) currently classified under CN code ex 8544 70 00 (TARIC code 8544700010). The CN and TARIC codes are given for information only.

The complaint contains sufficient evidence that the producers of the product under investigation from the country concerned have benefitted from a number of subsidies granted by the Government of the People’s Republic of China (‘the GOC’).

The alleged subsidy practices consist, inter alia, of (1) direct transfer of funds and potential direct transfers of funds or liabilities, (2) government revenue forgone or not collected, (3) government provision of goods or services for less than adequate remuneration and (4) payments to a funding mechanism or entrusting or directing of a private body. The complaint contained evidence, for example, of various grants, of provision of loans and credit lines provided by State-owned banks and other financial institutions at preferential terms, of provision of export credits by State-owned banks and other financial institutions and of provision of insurances and guarantees; of income tax reductions, deductions and exemptions, of accelerated depreciation schemes; and of government provision of goods (such as electricity) for less than adequate remuneration.

It is alleged that the above measures are subsidies since they involve a financial contribution from the GOC or other regional governments (including public bodies) and confer a benefit to the exporting producers of the product under investigation. They are alleged to be contingent upon enterprises or industry or group of enterprises in eligible high-tech sectors that are highly encouraged and are therefore specific and countervailable. On this basis, the alleged subsidy amounts appear to be significant for the country concerned.

In view of Articles 10(2) and 10(3) of the basic Regulation, the Commission prepared a memorandum on sufficiency of evidence containing the Commission's assessment on all the evidence at its disposal concerning the PRC and on the basis of which the Commission initiates the investigation. That memorandum can be found in the file for inspection by interested parties.

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

4.   Allegations of injury and causation

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

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

Furthermore, the complainant provides evidence that there is sufficient freely disposable capacity in the PRC indicating the likelihood of substantially increased imports.

It is also alleged that the flow of subsidised imports is likely to further increase substantially due to the recent imposition of tariffs and measures against the product under investigation in third markets such as United States, Turkey, India, Mexico and Indonesia. That indicates a likelihood of a redirection of exports to the Union leading to a substantial increase of subsidised imports. The complainant alleges that those changes in circumstances are clearly expected and imminent.

The complainant also alleges that the increase of unfair imports is the main cause of injury and there are no other factors that appear to attenuate the causal link.

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 10 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the country concerned is being subsidised and whether the subsidised 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.

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

Regulation (EU) 2018/825 of the European Parliament and of the Council (TDI Modernisation package) (4), which entered into force on 8 June 2018, introduced significant changes to the timetable and deadlines previously applicable in anti-dumping and anti-subsidy proceedings. In particular, the Commission needs to provide information on the planned imposition of provisional duties 4 weeks before the imposition of provisional measures. The time limits for interested parties to come forward, in particular at the early stage of investigations, are shortened. Therefore, the Commission invites interested parties to respect the procedural steps and deadlines provided in this Notice as well as in further communications from the Commission.

The Commission also draws the attention of the parties that further to the COVID-19 outbreak, a Notice (5) was published on the potential consequences on anti-dumping and anti-subsidy investigations.

5.1.    Investigation period and period considered

The investigation of subsidisation and injury will cover the period from 1 July 2019 to 30 June 2020 (‘the investigation period’). The examination of trends relevant for the assessment of injury will cover the period from 1 January 2017 to the end of the investigation period (‘the period considered’).

5.2.    Comments on the complaint and the initiation of the investigation

All interested parties wishing to comment on the complaint (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the complaint) must do so within 37 days of the date of publication of this Notice.

Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.

5.3.    Procedure for the determination of subsidisation

Exporting producers (6) of the product under investigation from the country concerned and the authorities of the country concerned are invited to participate in the Commission investigation. Other parties from which the Commission will seek relevant information to determine the existence and amount of countervailable subsidies conferred upon the product under investigation are also invited to cooperate with the Commission to the fullest extent possible.

5.3.1.   Investigating producers in the country concerned

(a)   Sampling

In view of the potentially large number of exporting producers in the country concerned 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 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, are hereby requested to provide the Commission with information on their company(ies) within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/423f4ef0-f84f-7cb6-0429-72e24a91d5ee. Tron access information can be found in sections 5.6 and 5.8.

In order to obtain information it deems necessary for the selection of the sample of exporting producers, the Commission has also contacted the authorities of the PRC and may contact any known associations of producers in the country concerned.

If a sample is necessary, the exporting producers will be selected based on the largest representative volume of production, sales or exports that can reasonably be investigated within the time available. All known exporting producers, the authorities of the country concerned and the 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.

Once the Commission has received the necessary information to select a sample of exporting producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled exporting producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2508. The questionnaire will also be made available to any known association of exporting producers, and to the authorities of the PRC.

The Commission will add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

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

(b)   Individual amount of countervailable subsidisation for companies not included in the sample

Pursuant to Article 27(3) of the basic Regulation, non-sampled cooperating exporting producers may request the Commission to establish their individual amount of countervailable subsidisation. Exporting producers wishing to claim an individual amount of countervailable subsidisation must fill in the questionnaire and return it duly completed within 30 days of the date of notification of the sample selection, unless otherwise specified. A copy of the questionnaire for exporting producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2508

The Commission will examine whether non-sampled cooperating exporting producers can be granted an individual amount of countervailable subsidisation in accordance with Article 27(3) of the basic Regulation.

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

5.3.2.   Investigating unrelated importers (7) (8)

Unrelated importers of the product under investigation from the PRC 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 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, are hereby requested to provide the Commission with the information on their company(ies) requested in the Annex to this Notice within 7 days of the date of publication of 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.

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.

Once the Commission has received the necessary information to select a sample, it will inform the parties concerned of its decision on the sample of importers. The Commission will also add a note reflecting the sample selection to the file for inspection by interested parties. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

In order to obtain information it deems necessary for its investigation, the Commission will make available questionnaires to the sampled unrelated importers. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the decision about the sample, unless otherwise specified.

A copy of the questionnaire for importers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2508

5.4.    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 subsidised 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 concerned 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 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 comment on the provisional sample. In addition, 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 7 days of the date of publication of this Notice. All comments regarding the provisional sample must be received within 7 days of the date of publication of this Notice, 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.

The sampled Union producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2508

5.5.    Procedure for the assessment of Union interest

Should the existence of subsidisation and injury caused thereby be established, a decision will be reached, pursuant to Article 31 of the basic Regulation, as to whether the adoption of anti-subsidy measures would not be against the Union interest.

Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations are invited to provide the Commission with information on the Union interest. In order to participate in the investigation, the representative consumer organisations have to demonstrate that there is an objective link between their activities and the product under investigation.

Information concerning the assessment of Union interest must be provided within 37 days of the date of publication of this Notice, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. A copy of the questionnaires, including the questionnaire for users of the product under investigation, is available in the file for inspection by interested parties and on DG Trade's website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2508. The information submitted pursuant to Article 31 will only be taken into account if supported by factual evidence at the time of submission.

5.6.    Interested parties

In order to participate in the investigation interested parties, such as exporting producers, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations first have to demonstrate that there is an objective link between their activities and the product under investigation.

Exporting producers in the country concerned, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.3.1, 5.3.2 and 5.4 above will be considered as interested parties if there is an objective link between their activities and the product under investigation.

Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under investigation. Being considered as an interested party is without prejudice to the application of Article 28 of the basic Regulation.

Access to the file available for inspection for interested parties is made via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access (9).

5.7.    Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission's investigation services.

Any request to be heard must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

The timeframe for hearings is as follows:

For any hearings to take place before the imposition of provisional measures, a request should be made within 15 days from the date of publication of this Notice and the hearing will normally take place within 60 days of the date of publication of this Notice.

After the provisional stage, a request should be made within 5 days from the date of the provisional disclosure or of the information document, and the hearing will normally take place within 15 days from the date of notification of the disclosure or the date of the information document.

At definitive stage, a request should be made within 3 days from the date of the final disclosure, and the hearing will normally take place within the period granted to comment on the final disclosure. If there is an additional final disclosure, a request should be made immediately upon receipt of this additional final disclosure, and the hearing will normally take place within the deadline to provide comments on this disclosure.

The outlined timeframe is without prejudice to the right of the Commission services to accept hearings outside the timeframe in duly justified cases and to the right of the Commission to deny hearings in duly justified cases. Where the Commission services refuse a hearing request, the party concerned will be informed of the reasons for such refusal.

In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.

5.8.    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 the Commission a) 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 ‘Sensitive’ (10). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing 'Sensitive' 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 should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests via TRON.tdi (https://tron.trade.ec.europa.eu/tron/TDI) including scanned powers of attorney and certification sheets. By using TRON.tdi or 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 TRON.tdi or 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 via TRON.tdi and 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 G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Email:

For subsidy issues:

TRADE-AS677-OFC-SUBSIDY@ec.europa.eu

For injury and Union interest issues:

TRADE-AS677-OFC-INJURY@ec.europa.eu

6.   Schedule of the investigation

Pursuant to Article 11(9) of the basic Regulation, the investigation shall, whenever possible, be concluded within 12 months and in any event no later than 13 months from the date of the publication of this Notice. In accordance with Article 12(1) of the basic Regulation, provisional measures may be imposed not later than 9 months from the publication of this Notice.

In accordance with Article 29a of the basic Regulation, the Commission will provide information on the planned imposition of provisional duties 4 weeks before the imposition of provisional measures. Interested parties will be given 3 working days to comment in writing on the accuracy of the calculations.

In cases where the Commission intends not to impose provisional duties but to continue the investigation, interested parties will be informed in writing of the non-imposition of duties 4 weeks before the expiry of the deadline under Article 12(1) of the basic Regulation.

Interested parties will be given in principle 15 days to comment in writing on the provisional findings or on the information document, and 10 days to comment in writing on the definitive findings, unless otherwise specified. Where applicable, additional final disclosures will specify the deadline for interested parties to comment in writing.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in sections 5 and 6 of this Notice. The submission of any other information not covered by those sections should respect the following timetable:

Any information for the stage of provisional findings should be submitted within 70 days from the date of publication of this Notice, unless otherwise specified.

Unless otherwise specified, interested parties should not submit new factual information after the deadline to comment on the provisional disclosure or the information document at provisional stage. Beyond such deadline, interested parties may only submit new factual information provided that such parties can demonstrate that such new factual information is necessary to rebut factual allegations made by other interested parties and provided that such new factual information can be verified within the time available to complete the investigation in a timely manner.

In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure.

8.   Possibility to comment on other parties’ submissions

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties' submissions and may not raise new issues.

Such comments should be made according to the following timeframe:

Any comment on information submitted by other interested parties before the imposition of provisional measures should be made at the latest within 75 days from the date of publication of this Notice, unless otherwise specified.

Comments on the information provided by other interested parties in reaction to the disclosure of the provisional findings or of the information document should be submitted within 7 days from the deadline to comment on the provisional findings or on the information document, unless otherwise specified.

Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 3 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified.

The outlined timeframe is without prejudice to the Commission's right to request additional information from interested parties in duly justified cases.

9.   Extension to time limits specified in this Notice

Extensions to time limits provided for in this Notice should only be requested in exceptional circumstances and will only be granted if duly justified upon good cause being showed.

In any event, any extension to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days.

Regarding time limits for the submission of other information specified in the Notice of Initiation, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

10.   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 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.

11.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services 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. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in the due course.

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

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/

12.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (11).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG TRADE’s website: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/


(1)  OJ L 176, 30.6.2016, p. 55.

(2)  The general term ‘injury’ refers to material injury as well as to threat of material injury or material retardation of the establishment of an industry as set out in Article 2(d) of the basic Regulation.

(3)  References to the publication of this Notice mean publication in the Official Journal of the European Union.

(4)  Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 143, 7.6.2018, p. 1).

(5)  On the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (OJ C 86, 16.3.2020, p. 6).

(6)  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.

(7)  This section covers only importers not related to exporting producers. Importers that are related to exporting producers have to fill in the questionnaire for exporting producers that is available in the file for inspection by interested parties and on DG Trade’s website https://trade.ec.europa.eu/tdi/case_details.cfm?id=2501. 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).

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

(9)  In case of technical problems please contact the Trade Service Desk by email trade-service-desk@ec.europa.eu or by telephone +32 2 297 97 97.

(10)  A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 29 of the basic Regulation 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).

(11)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


ANNEX

‘Sensitive’ version

Version ‘For inspection by interested parties’

(tick the appropriate box)

ANTI-SUBSIDY PROCEEDING CONCERNING IMPORTS OF OPTICAL FIBRE CABLES ORIGINATING IN THE PEOPLE'S REPUBLIC OF CHINA

INFORMATION FOR THE SELECTION OF THE SAMPLE OF UNRELATED IMPORTERS

This form is designed to assist unrelated importers in responding to the request for sampling information made in point 5.3.2 of the Notice of initiation.

Both the ‘Sensitive’ version and the version ‘For inspection by interested parties’ must be returned to the Commission as set out in the Notice of initiation.

1.   IDENTITY AND CONTACT DETAILS

Supply the following details about your company:

Company name

 

Address

 

Contact person

 

Email address

 

Telephone

 

Website

 

2.   TURNOVER AND SALES VOLUME

Indicate the total turnover in euros (EUR) of your company, and the turnover and length of imports and resales on the Union market after importation from the People's Republic of China, during the investigation period of optical fibre cable products as defined in the Notice of initiation.

 

Fibre-kilometres

Cable-kilometres

Value (EUR)

Total turnover of your company in euros (EUR)

 

 

 

Imports of the product under investigation originating in the People's Republic of China

 

 

 

Imports of the product under investigation (all origins)

 

 

 

Resales on the Union market after importation from the People's Republic of China of the product under investigation

 

 

 

3.   ACTIVITIES OF YOUR COMPANY AND RELATED COMPANIES (1)

Give details of the precise activities of your company and all related companies (please list them and state the relationship to your company) involved in the production and/or selling (export and/or domestic) of the product under investigation. Such activities could include but are not limited to purchasing the product under investigation or producing it under sub-contracting arrangements, or processing or trading the product under investigation.

Company name and location

Activities

Relationship

 

 

 

 

 

 

 

 

 

4.   OTHER INFORMATION

 

Please provide any other relevant information that you consider useful to assist the Commission in the selection of the sample.

5.   CERTIFICATION

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

Signature of authorised official:

Name and title of authorised official:

Date:


(1)  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).


OTHER ACTS

European Commission

21.12.2020   

EN

Official Journal of the European Union

C 442/30


Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33

(2020/C 442/08)

This communication is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1).

COMMUNICATING THE APPROVAL OF A STANDARD AMENDMENT

‘Colli di Rimini’

PDO-IT-A0297-AM02

Date of communication: 22 September 2020

DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT

1.   Description of the wine(s)

A Riserva version is introduced for the ‘Colli di Rimini’ Rosso type (category 1 – wine). It is a traditional and well-established practice for producers in the PDO area to leave wines to age, particularly in the best years. There is already a Riserva version of the types with the Sangiovese and Cabernet Sauvignon varieties indicated on the label. Red wine for which the grape variety is not indicated on the label is also often left to age, in particular if it is richer in extracts and has a higher alcohol content than the basic red wine. This has been explicitly included in the specification to allow these products to be marketed with the Riserva indication. Moreover, high demand for these more structured and complex wines among connoisseurs creates an opportunity for marketing a wider range of wines under this PDO.

This amendment concerns point 4 (Description of the wines) of the single document and Articles 1, 2, 4, 5 and 6 of the product specification.

2.   Description of the wine(s)

(1)

The semi-sweet and sweet versions of the ‘Colli di Rimini’ Rebola type have been removed, leaving only Rebola Secco and Rebola Passito. This will allow producers to focus on those types that, traditionally, have a stronger link to the area, that the consumers know best and value most and that best accompany local delicacies.

(2)

In the description of the Rebola Passito type, all references to reducing sugars have been deleted and will be replaced by a reference to the limits laid down in the legislation. In addition, more details are given on the wines’ aroma when released for consumption (based on analytical and organoleptic data); their minimum total alcoholic strength by volume increases from 16 % to 17 %; their actual alcoholic strength by volume increases from 11 % to 12,5 %; and the value for non-reducing extracts increases from 19 to 24 g/l. These changes are justified by climate change, as longer summers and higher temperatures create ideal conditions for the ripening and drying of the grapes, resulting in wines that are richer in extracts and have a higher concentration of sugars, and therefore a higher alcohol content.

(3)

As a result of changes in the variety mix and based on data obtained by analysing the wines produced, the description of the white and red wines has been reworded, in particular as regards increasing the range of sugar content from dry to medium dry, and as regards certain aroma and taste characteristics.

This amendment concerns point 4 (Description of the wines) of the single document and Article 6 of the product specification.

3.   Main wine grapes

The variety mix has been amended for ‘Colli di Rimini’ Rosso and ‘Colli di Rimini’ Bianco. Over time, the producers of ‘Colli di Rimini’ PDO have refined the blending of grape varieties from which wines are made in the PDO area, based on the vine varieties and growing practices most widely used in the production area. The mix of varieties used to produce the wines has therefore been adapted following extensive testing. This has consolidated the use of the most appealing and most widely grown varieties, thus strengthening the link to the geographical area, whereas the less appealing or little grown varieties have either been removed or their proportion in the composition of the wines reduced.

The variety mix has been adapted for the following types:

‘Colli di Rimini’ Rosso, as regards the share of the various grape varieties currently used, the introduction of Cabernet Franc and Alicante and the removal of Barbera, Ciliegiolo, Terrano and Ancillotta;

‘Colli di Rimini’ Bianco, as regards the share of the Trebbiano variety, the introduction of Bombino Bianco and Sangiovese vinified as a white wine, and the removal of Mostosa and Biancame, the latter variety being used to greater effect in the production of a single-variety wine under the designation of origin.

This amendment concerns point 7 (Main wine grape varieties) of the single document and Article 2 (Grape varieties) of the product specification.

4.   Demarcated geographical area

The description of the production area has been made clearer and more concise by stating that it corresponds to the entire administrative area of the province of Rimini, with the exception of the municipality of Bellaria Igea Marina and the beach resort areas situated below national highway No 16 (the Adriatica highway).

That area also includes certain municipalities bordering the current PDO production area that have become part of the province of Rimini following recent administrative mergers. They have landscape, geological and production characteristics very similar to those of the current PDO production area, with small vineyards totalling some 12 hectares mainly planted with Sangiovese, Merlot, Biancame and Trebbiano vines, i.e. varieties traditionally grown in the PDO area, with a production potential of some 150 tonnes of grapes.

This amendment concerns point 6 of the single document and Article 3 of the product specification.

5.   Wine-growing standards

(a)

The rule stating that irrigation as an emergency measure can only take place twice a year before ripening has been removed. Due to changing weather conditions, typically with high temperatures over long periods in recent years, producers should be allowed to resort to irrigation whenever they consider it necessary.

(b)

Wines bearing the ‘Colli di Rimini’ registered designation of origin may be enriched up to a maximum of 1 % vol. This limit means that the producers will mainly use natural sugars from the grapes used to produce the wines.

6.   Packaging

(a)

The capacities allowed and the material (glass and ceramic) that may be used for the various containers have been set out more clearly.

(b)

It has been specified that all the stoppers permitted by the legislation in force may be used, with the sole exception of crown caps, which are not considered suitable for the prestigious wines of this PDO.

This amendment concerns Article 7 of the product specification but does not affect the single document.

7.   Link with the geographical environment

The description of the link with the environment has been reworded more concisely. There are no substantial changes, but some redundant parts in the historical references and the description of the territory have been deleted.

This amendment concerns Article 8 of the product specification.

8.   Corrections

(a)

The conditions relating to specifying the natural alcoholic strength and ageing period for Riserva wines have been moved from Article 7 of the specification (Labelling, description and presentation) to paragraph 5 of Article 5 (Winemaking standards) for greater coherence.

(b)

In Article 7 of the specification, the wording in the paragraph on additional references stating that the term Superiore may not be used has been deleted as the specification does provide for a ‘Colli di Rimini’ Sangiovese Superiore type.

(c)

In the product specification, the name of the Pignoletto vine variety has been replaced by its synonym Grechetto Gentile.

(d)

In Article 5 of the specification, the sentence ‘In favourable years, the quantities of grapes obtained and used to produce the wines must be within the above limits, subject to the grape/wine yield limits for the quantities in question, provided that overall grape production does not exceed those limits by 20 %’ has been deleted as redundant, as this rule is laid down in general legislation.

(e)

In Article 5, the sentence ‘Wine-making may be carried out separately for each variety’ has been deleted as redundant.

The single document is not affected by these amendments.

(f)

The contact details of the applicant consortium, the Ministry, the Region and the inspection body have been updated. These amendments concern points 1.2.1, 1.2.2, 1.2.3 and 1.2.5 of the single document and Article 8 (Reference to the inspection body) of the specification.

SINGLE DOCUMENT

1.   Name of the product

Colli di Rimini

2.   Geographical indication type

PDO – Protected Designation of Origin

3.   Categories of grapevine product

1.

Wine

15.

Wine from raisined grapes

4.   Description of the wine(s)

‘Colli di Rimini’ Bianco

‘Colli di Rimini’ Bianco PDO wines have a straw yellow colour of varying intensity, a delicate aroma ranging from fruity to floral and a flavourful and harmonious taste ranging from dry to medium dry.

Minimum total alcoholic strength by volume: 11 %;

Minimum sugar-free extract: 15 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Rosso

‘Colli di Rimini’ Rosso PDO wines have a colour ranging from ruby red to garnet and a harmonious, sometimes tannic taste with possible hints of red fruit and herbaceous, spicy or mineral notes.

Minimum total alcoholic strength by volume: 11,5 %;

Minimum sugar-free extract: 20 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Rosso Riserva

‘Colli di Rimini’ Rosso Riserva PDO wines have a colour ranging from intense ruby red to garnet, a rich, vinous aroma, sometimes with herbaceous or mineral notes and hints of wood, and a full, robust and harmonious taste, with an elegant structure and possibly some tannins, ranging from dry to medium dry.

Minimum total alcoholic strength by volume: 12,5 %;

Minimum sugar-free extract: 22 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Cabernet Sauvignon

‘Colli di Rimini’ Cabernet Sauvignon PDO wines have a ruby red or deep ruby red colour, a characteristic, ethereal, sometimes spicy or herbaceous aroma and a full, harmonious taste, sometimes slightly tannic, ranging from dry to medium dry.

Minimum total alcoholic strength by volume: 11,5 %;

Minimum sugar-free extract: 20 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Cabernet Sauvignon Riserva

‘Colli di Rimini’ Cabernet Sauvignon Riserva PDO wines have a deep ruby red colour with garnet tints, a characteristic, ethereal, herbaceous aroma and a full, harmonious and sometimes slightly tannic taste.

Minimum total alcoholic strength by volume: 12 %;

Minimum sugar-free extract: 26 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Biancame

‘Colli di Rimini’ PDO Biancame wines have a light straw yellow colour with greenish tints, a characteristic aroma with possible floral notes and a fresh and balanced taste, ranging from dry to medium dry.

Minimum total alcoholic strength by volume: 10,5 %;

Minimum sugar-free extract: 15 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Sangiovese

‘Colli di Rimini’ Sangiovese PDO wines have a ruby red colour, sometimes with violet tints, a vinous, sometimes floral or mineral aroma and a harmonious, slightly tannic taste, ranging from dry to medium dry.

Minimum total alcoholic strength by volume: 11,5 %;

Minimum sugar-free extract: 20 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Sangiovese Superiore

‘Colli di Rimini’ Sangiovese Superiore PDO wines have a ruby red colour, sometimes with violet tints, a possible floral aroma and a harmonious, sometimes tannic, dry taste.

Minimum total alcoholic strength by volume: 12,5 %;

Minimum sugar-free extract: 24 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Sangiovese Riserva

‘Colli di Rimini’ Sangiovese Riserva PDO wines have a ruby red colour, an intense, sometimes floral aroma and a dry, harmonious, sometimes tannic taste. Minimum total alcoholic strength by volume: 13 %;

Minimum sugar-free extract: 26 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Rebola Secco

‘Colli di Rimini’ Rebola Secco PDO wines have a colour ranging from light straw yellow to golden yellow, a characteristic, delicate fruity aroma and a harmonious taste with characteristic softness and structure.

Minimum total alcoholic strength by volume: 12 %;

Minimum sugar-free extract: 17 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

 

Minimum total acidity:

4,5 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

‘Colli di Rimini’ Rebola Passito

‘Colli di Rimini’ Rebola Passito PDO wines have a colour ranging from golden yellow to amber, a characteristic, intense, fruity aroma, sometimes with earthy notes, and a full, sweet and velvety taste, balanced with acidity.

Minimum total alcoholic strength by volume: 17 %;

Minimum sugar-free extract: 24 g/l.

Any analytical parameters not mentioned comply with the limits laid down in national and EU legislation.

General analytical characteristics

Maximum total alcoholic strength (in % volume):

 

Minimum actual alcoholic strength (in % volume):

12,5

Minimum total acidity:

4 grams per litre expressed as tartaric acid

Maximum volatile acidity (in milliequivalents per litre):

 

Maximum total sulphur dioxide (in milligrams per litre):

 

5.   Wine-making practices

a.   Specific oenological practices

NONE

b.   Maximum yields

‘Colli di Rimini’ Bianco, including with the Riserva indication

84 hectolitres per hectare

‘Colli di Rimini’ Rosso

77 hectolitres per hectare

‘Colli di Rimini’ Biancame

84 hectolitres per hectare

‘Colli di Rimini’ Cabernet Sauvignon

77 hectolitres per hectare

‘Colli di Rimini’ Cabernet Sangiovese

77 hectolitres per hectare

‘Colli di Rimini’ Rebola

77 hectolitres per hectare

‘Colli di Rimini’ Rebola Passito

55 hectolitres per hectare

6.   Demarcated geographical area

Grapes intended for the production of wines with the ‘Colli di Rimini’ registered designation of origin must be produced within the administrative boundaries the province of Rimini, with the exception of the areas below national highway No 16 (the Adriatica highway) and the entire municipality of Bellaria Igea Marina.

7.   Main wine grape variety(ies)

Alicante N.

Biancame B.

Bombino Bianco B.

Cabernet Franc N. – Cabernet

Cabernet Sauvignon N. – Cabernet

Merlot N.

Montepulciano N.

Petit Verdot N.

Pignoletto B. – Grechetto Gentile

Rebo N.

Sangiovese N.

Syrah N.

Trebbiano Romagnolo B. – Trebbiano

8.   Description of the link(s)

Link with the geographical area

Proximity to the sea influences the growth cycle of the vine, which benefits from a generally breezy environment with temperatures that are not too low in winter nor too high in summer. Calcareous-clayey soils of medium-low fertility, low rainfall in summer and high growing degree days ensure low yields and good ripening conditions. This has a positive effect on the chemical, physical and organoleptic characteristics of the wines, which are rich in dry extracts and of high alcoholic strength, in particular the red wines, which are intense in colour, rich in polyphenols and well suited to ageing. Balanced ripening helps bring out the typical characteristics of each grape variety.

9.   Essential further conditions (packaging, labelling, other requirements)

None

Link to the product specification

http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/15987


(1)  OJ L 9, 11.1.2019, p. 2.