DeepPavlov/eurlex huggingface dataset:
COMMISSION DECISION
of 22 June 2005
relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement
(Case COMP/A.39.116/B2 - Coca-Cola)
(notified under document number C(2005) 1829)
(Only the English text is authentic)
(Text with EEA relevance)
(2005/670/EC)
(1)
This decision adopted pursuant to Article 9(1) of Council Regulation (EC) No 1/2003 (1) is addressed to the Coca-Cola Company (TCCC) and its three major bottlers, Bottling Holdings (Luxembourg) SARL, Coca-Cola Erfrischungsgetränke AG and Coca-Cola Hellenic Bottling Company SA (hereafter: the Parties). The subject matter of the procedure relates to the conduct of TCCC and its bottlers in the supply of carbonated soft drinks in both the distribution channel for consumption at home and the channel for consumption on premise in the EC Member States, Iceland and Norway. In a preliminary assessment, the Commission expressed concerns under Article 82 of the EC Treaty and Article 54 of the EEA Agreement in relation to practices consisting in exclusivity-related requirements, growth and target rebates and leveraging of market power between various product categories.
(2)
The Commission considers that the commitments offered following the preliminary assessment and the observations submitted by interested third parties are sufficient to address the identified competition concerns in channels, where the Parties reach defined market share thresholds. In particular, the Parties will refrain from concluding exclusivity agreements save in specific circumstances and from granting growth and target rebates. In the preliminary assessment these practices were considered to make it more difficult for third parties to compete on the merits. By providing that requirements concerning assortment and shelf-space must be defined separately for certain categories of brands, the commitments address the concern identified in the preliminary assessment that strong brands could be leveraged in favour of weaker brands. In regard to financing and technical equipment, the commitments reduce contract duration, give customers the option of repayment and termination without penalties and free up a certain share of cooler space, thus addressing the concerns that the pre-existing arrangements would unduly bind customers and lead to outlet exclusivity.
(3)
The decision finds that, in view of the commitments, there are no longer grounds for action by the Commission. The decision shall be binding until 31 December 2010.
(4)
The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 20 May 2005.
Commission Regulation (EC) No 207/2003
of 3 February 2003
amending Regulation (EC) No 1940/2001 on the opening of a standing invitation to tender for the resale on the Community internal market of some 39000 tonnes of rice held by the Italian intervention agency for use in animal feed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular Article 8(b) thereof,
Whereas:
(1) Commission Regulation (EC) No 75/91 of 11 January 1991 laying down the procedures and conditions for the disposal of paddy rice held by the intervention agencies(3) lays down the procedures and conditions for such disposals.
(2) The current invitation to tender under Commission Regulation (EC) No 1940/2001(4), as last amended by Regulation (EC) No 2089/2002(5), has almost completely disposed of the quantity initially authorised for sale by the intervention agency. Italy still has intervention stocks of paddy rice from harvests earlier than 1999, the quality of which is in danger of deteriorating if kept in prolonged storage. The quantities initially planned for this invitation to tender should therefore be increased by authorising the sale of this at-risk quantity.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1940/2001 is hereby amended as follows:
1. Article 1 is replaced by the following text:
"Article 1
The Italian intervention agency shall offer for sale by standing invitation to tender on the Community internal market some 39000 tonnes of rice as referred to in Annex I from the 1997 and 1998 harvests and an additional quantity of some 20000 tonnes referred to in Annex Ia from the 1998 harvest, for use in preparations of a kind used in animal feeding (CN code 2309 )."
2. The following Annex Ia is added after Annex I:
"ANNEX Ia
TABLE "
3. Paragraphs 2 and 3 of Article 5 are replaced by the following text:
"2. The closing date for the submission of tenders for subsequent partial invitations to tender shall be each Wednesday at 12.00 (Brussels time), with the exception of Wednesday 16 April 2003.
3. The closing date for the last partial invitation to tender shall be 30 April 2003."
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 10 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 February 2003.
COMMISSION REGULATION (EC) No 1102/94 of 11 May 1994 re-establishing the levying of customs duties on certain industrial products originating in Indonesia, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), extended for 1994 by Regulation (EC) No 3668/93 (2), and in particular Article 9 thereof,
Whereas, pursuant to Articles 1 and 6 of Regulation (EEC) No 3831/90, suspension of customs duties shall be accorded from 1 January to 30 June 1994 to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceilings fixed in column 6 of Annex I;
Whereas, as provided for in Article 7 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of the products of the order Nos and origins indicated in the table below, the individual ceiling is fixed at the levels indicated in that table; whereas that ceiling was reached, on the date indicated below, by charges of imports into the Community of the products in question:
10.0210 Indonesia 193 000 31. 1.
Whereas, it is appropriate to re-establish the levying of customs duties for the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
As from 15 May 1994, the levying of customs duties, suspended from 1 January to 30 June 1994, pursuant to Regulation (EEC) No 3831/90, shall be re-established on imports into the Community of the products indicated in the table below:
10.0210 2918 14 00 Citric acid Indonesia
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 May 1994.
Council Regulation (EC) No 1765/2003
of 29 September 2003
on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) The European Community and the Republic of Guinea have held negotiations to determine the amendments or additions to be made to the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast(3) at the end of the period of application of the Protocol thereto.
(2) During the negotiations, the two Parties decided to extend the current Protocol(4) for a second one-year period, from 1 January 2003 to 31 December 2003, by means of an Agreement in the form of an Exchange of Letters, pending the conclusion of the negotiations on the amendments to be made to the Protocol.
(3) It is in the Community's interest to approve that extension.
(4) The allocation of the fishing opportunities for trawlers and tuna boats among the Member States should be confirmed,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period from 1 January 2003 to 31 December 2003 is hereby approved on behalf of the European Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Regulation(5).
Article 2
The fishing opportunities for trawlers and tuna boats fixed in Article 1 of the Protocol shall be allocated pro rata temporis among the Member States as follows:
TABLE
If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.
Article 3
The Member States whose vessels fish under this Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within the fishing zone of the Republic of Guinea in accordance with the detailed rules of application laid down by Commission Regulation (EC) No 500/2001(6).
Article 4
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 September 2003.
COMMISSION REGULATION (EC) No 1476/1999
of 6 July 1999
amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(1), as last amended by Commission Regulation (EC) No 2214/98(2), and in particular Article 19(3) thereof,
(1) Whereas amendments have been made to Appendix III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; whereas Annex C to Regulation (EC) No 338/97 should therefore be amended to incorporate these amendments;
(2) Whereas adaptations need to be made to the "Notes on interpretation of Annexes A, B, C and D" to Regulation (EC) No 338/97;
(3) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 338/97 is hereby amended as follows:
1. the "Notes on interpretation of Annexes A, B, C and D" are amended as follows:
(a) paragraph 12 is replaced by the following: "12. (III) against the name of species or higher taxon indicates that it is included in Appendix III to the Convention. In this case the country with respect to which the species or higher taxon is included in Appendix III is also indicated by a two-letter code as follows: BO (Bolivia), BR (Brazil), BW (Botswana), CA (Canada), CO (Colombia), CR (Costa Rica), GH (Ghana), GT (Guatemala), HN (Honduras), IN (India), MX (Mexico), MY (Malaysia), MU (Mauritius), NP (Nepal), TN (Tunisia) and UY (Uruguay).";
(b) the following annotation is inserted at the end of paragraph 15: "+ 219 Population of the species in Mexico";
2. in Annex C the entry
TABLE "
is replaced by:
TABLE ".
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 29 April 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 July 1999.
Commission Regulation (EC) No 2027/2002
of 14 November 2002
on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1706/98 of 20 July 1998 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EEC) No 715/90(1), and in particular Article 30 thereof,
Having regard to Commission Regulation (EC) No 1918/98 of 9 September 1998 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 1706/98 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States and repealing Regulation (EC) No 589/96(2), and in particular Article 4 thereof,
Whereas:
(1) Article 1 of Regulation (EC) No 1918/98 provides for the possibility of issuing import licences for beef and veal products. However, imports must take place within the limits of the quantities specified for each of these exporting non-member countries.
(2) The applications for import licences submitted between 1 and 10 November 2002, expressed in terms of boned meat, in accordance with Regulation (EC) No 1918/98, do not exceed, in respect of products originating from Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia, the quantities available from those States. It is therefore possible to issue import licences in respect of the quantities applied for.
(3) The quantities in respect of which licences may be applied for from 1 December 2002 should be fixed within the scope of the total quantity of 52100 tonnes.
(4) This Regulation is without prejudice to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(3), as last amended by Regulation (EC) No 1452/2001(4),
HAS ADOPTED THIS REGULATION:
Article 1
The following Member States shall issue on 21 November 2002 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin:
Germany:
- 290 tonnes originating in Botswana;
United Kingdom:
- 30 tonnes originating in Botswana,
- 412 tonnes originating in Namibia,
- 15 tonnes originating in Swaziland.
Article 2
Licence applications may be submitted, pursuant to Article 3(2) of Regulation (EC) No 1918/98, during the first 10 days of December 2002 for the following quantities of boned beef and veal:
TABLE
Article 3
This Regulation shall enter into force on 21 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 2002.
COMMISSION REGULATION (EEC) No 2905/93 of 20 October 1993 re-establishing the levying of customs duties on products of category 41 (order No 40.0410), originating in India, Indonesia, Malaysia and Thailand, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), extended for 1993 by Council Regulation (EEC) No 3917/92 (2), and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded for 1993 for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of category 41 (order No 40.0410), originating in India, Indonesia, Malaysia and Thailand, the relevant ceiling amounts to 750 tonnes;
Whereas on 28 May 1993 imports of the products in question into the Community, originating in India, Indonesia, Malaysia and Thailand, countries covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to India, Indonesia, Malaysia and Thailand,
HAS ADOPTED THIS REGULATION:
Article 1
As from 26 October 1993 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in India, Indonesia, Malaysia and Thailand:
40.0410 41 (tonnes) 5401 10 11
5401 10 19
5402 10 10
5402 10 90
5402 20 00
5402 31 10
5402 31 30
5402 31 90
5402 32 00
5402 33 10
5402 33 90
5402 39 10
5402 39 90
5402 49 10
5402 49 91
5402 49 99
5402 51 10
5402 51 30
5402 51 90
5402 52 10
5402 52 90
5402 59 10
5402 59 90
5402 61 10
5402 61 30
5402 61 90
5402 62 10
5402 62 90
5402 69 10
5402 69 90
ex 5604 20 00
ex 5604 90 00
Yarn of synthetic filament (continuous), not put up for retail sale, other than non-textured single yarn untwisted or with a twist of not more than 50 turns per metre
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 1993.
COMMISSION REGULATION (EC) No 1605/95 of 3 July 1995 fixing until the end of the 1995 marketing year the maximum levels of withdrawal prices for tomatoes grown under glass
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EC) No 1363/95 (2), and in particular the last subparagraph of Article 18 (1) thereof,
Whereas the market in tomatoes grown under glass has different characteristics from those of the market in open-grown tomatoes; whereas tomatoes grown under glass are mainly 'Extra` class and class I products, the prices for which are considerably higher than those for open-grown products;
Whereas, in order to provide more effective support for the market grown under glass, producers' organizations or associations of such organizations should be allowed to fix their withdrawal price; whereas, in accordance with the last subparagraph of Article 18 (1) of Regulation (EEC) No 1035/72, it appears that the maximum level of the withdrawal price for these products can justifiably be fixed by applying, to the prices fixed for the 1994 marketing year a variation of the same order as that applied by the Council when fixing the basic prices and buying-in prices for tomatoes for the 1995 marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Until the end of the 1995 marketing year, producers' organizations or associations of such organizations may fix withdrawal prices, not exceeding the following maxima, in ecus per 100 kilograms net, for tomatoes grown under glass:
TABLE
Article 2 The producers' organizations shall supply the following information to the national authorities, who shall communicate it to the Commission:
- the period during which withdrawal prices are available,
- the levels of withdrawal prices proposed and of those applied.
Article 3
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1995.
COUNCIL REGULATION (EEC) No 2427/76 of 4 October 1976 amending Regulation (EEC) No 827/68 on the common organization of the market in certain products listed in Annex II to the Treaty
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provisions for the common organization of the market in wine (2) was amended by Regulation (EEC) No 1160/76 (3) ; whereas one such amendment excluded argol from the products controlled by Regulation (EEC) No 816/70;
Whereas this product must therefore be added to those listed in the Annex to Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organization of the market in certain products listed in Annex II to the Treaty (4), as last amended by Regulation (EEC) No 1067/74 (5),
HAS ADOPTED THIS REGULATION:
Article 1
The following product is hereby added to the Annex to Regulation (EEC) No 827/68 in the numerical order of the Common Customs Tariff: PIC FILE= "T
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1976.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 4 October 1976.
REGULATION (EEC) No 2678/75 OF THE COMMISSION of 6 October 1975 applying Council Regulation (EEC) No 388/75, notifying the Commission of exports of oil and natural gas to third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Regulation (EEC) No 388/75 (1) of the Council of 13 February 1975 on notifying the Commission of exports of oil and natural gas to third countries and in particular Article 4 thereof;
Whereas, to simplify the transmission of information on the technical level and to ensure that statistics are comparable, notifications to be made by Member States undertakings should be standardized by the use of questionnaires which would serve as a guide for the presentation and content of such notifications,
HAS ADOPTED THIS REGULATION:
Article 1
The notifications provided for in Article 1 of Regulation (EEC) No 388/75 shall be drawn up as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 October 1975.