# Official Journal C 279/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.279.eng |
| --- | --- |
| Official Journal
  of the European Union | C 279 |
| | |
| English edition | Information and Notices | Volume 5219 November 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.279.eng

Official Journal

of the European Union

C 279

English edition

Information and Notices

Volume 5219 November 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 279/01 | Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (
  1
  ) | 1 |
| 2009/C 279/02 | Non-opposition to a notified concentration (Case COMP/M.5665 — CD&R/CMH/JDHI) (
  1
  ) | 4 |
| 2009/C 279/03 | Non-opposition to a notified concentration (Case COMP/M.5626 — ADECCO/SPRING) (
  1
  ) | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 279/01

Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (
  1
  )

1

1

2009/C 279/02

Non-opposition to a notified concentration (Case COMP/M.5665 — CD&R/CMH/JDHI) (
  1
  )

1

4

2009/C 279/03

Non-opposition to a notified concentration (Case COMP/M.5626 — ADECCO/SPRING) (
  1
  )

1

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 279/04 | Euro exchange rates | 5 |
| 2009/C 279/05 | Opinion of the Advisory Committee on Mergers given at its meeting of 14 May 2009 regarding a draft Decision relating to Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône — Rapporteur: Latvia | 6 |
| 2009/C 279/06 | Opinion of the Advisory Committee on Mergers given at its meeting of 4 June 2009 regarding a draft Decision relating to Case COMP/M.4994 (2) — Electrabel/Compagnie Nationale du Rhône — Rapporteur: Latvia | 6 |
| 2009/C 279/07 | Final Report of the Hearing Officer in Case COMP/M.4994 — Electrabel/CNR (Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21)) | 7 |
| 2009/C 279/08 | Summary of the Commission Decision of 10 June 2009 imposing a fine for implementing a concentration in breach of Article 7(1) of Council Regulation (EEC) No 4064/89 and Article 57 of the EEA Agreement (Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône) (notified under document C(2009) 4416)
   (
  1
  ) | 9 |
| | Court of Auditors |
| 2009/C 279/09 | Special Report No 13/2009 Delegating implementing tasks to executive agencies: a successful option? | 12 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 279/10 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  ) | 13 |
| 2009/C 279/11 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  ) | 19 |
| 2009/C 279/12 | Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  ) | 24 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2009/C 279/13 | Sixty-second amendment of the State aid Guidelines — EFTA Surveillance Authority decision to propose appropriate measures | 25 |
| | The EEA Joint Committee |
| 2009/C 279/14 | Decisions of the EEA Joint Committee for which the constitutional requirements under Article 103 of the EEA Agreement have been fulfilled | 26 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 279/04

Euro exchange rates

5

2009/C 279/05

Opinion of the Advisory Committee on Mergers given at its meeting of 14 May 2009 regarding a draft Decision relating to Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône — Rapporteur: Latvia

6

2009/C 279/06

Opinion of the Advisory Committee on Mergers given at its meeting of 4 June 2009 regarding a draft Decision relating to Case COMP/M.4994 (2) — Electrabel/Compagnie Nationale du Rhône — Rapporteur: Latvia

6

2009/C 279/07

Final Report of the Hearing Officer in Case COMP/M.4994 — Electrabel/CNR (Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

(Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

7

2009/C 279/08

Summary of the Commission Decision of 10 June 2009 imposing a fine for implementing a concentration in breach of Article 7(1) of Council Regulation (EEC) No 4064/89 and Article 57 of the EEA Agreement (Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône) (notified under document C(2009) 4416)
   (
  1
  )

(notified under document C(2009) 4416)

1

9

Court of Auditors

2009/C 279/09

Special Report No 13/2009 Delegating implementing tasks to executive agencies: a successful option?

12

NOTICES FROM MEMBER STATES

2009/C 279/10

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  )

1

13

2009/C 279/11

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (
  1
  )

1

19

2009/C 279/12

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  )

1

24

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2009/C 279/13

Sixty-second amendment of the State aid Guidelines — EFTA Surveillance Authority decision to propose appropriate measures

25

The EEA Joint Committee

2009/C 279/14

Decisions of the EEA Joint Committee for which the constitutional requirements under Article 103 of the EEA Agreement have been fulfilled

26

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 279/15 | Prior notification of a concentration (Case COMP/M.5704 — JBS/Bertin) — Candidate case for simplified procedure (
  1
  ) | 29 |
| 2009/C 279/16 | Prior notification of a concentration (Case COMP/M.5708 — KKR/General Atlantic/TASC) — Candidate case for simplified procedure (
  1
  ) | 30 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 279/15

Prior notification of a concentration (Case COMP/M.5704 — JBS/Bertin) — Candidate case for simplified procedure (
  1
  )

1

29

2009/C 279/16

Prior notification of a concentration (Case COMP/M.5708 — KKR/General Atlantic/TASC) — Candidate case for simplified procedure (
  1
  )

1

30

| | Corrigenda |
| --- | --- |
| 2009/C 279/17 | Corrigendum to the call for proposals 2010 — EAC/41/09 — Lifelong Learning Programme (LLP) (OJ C 247, 15.10.2009) | 31 |

Corrigenda

2009/C 279/17

Corrigendum to the call for proposals 2010 — EAC/41/09 — Lifelong Learning Programme (LLP) (OJ C 247, 15.10.2009)

(OJ C 247, 15.10.2009)

31

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 19.11.2009 | EN | Official Journal of the European Union | C 279/1 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/1

---

Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V)

(Text with EEA relevance)

2009/C 279/01

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, particularly Article 21(7) thereof, foresees that Member States shall notify the Commission of the legislative, regulatory and administrative provisions they adopt with regard to the issuing of evidence of formal qualifications in the fields covered by Chapter III of the Directive. The Commission shall publish an appropriate communication in the Official Journal of the European Union, indicating the titles adopted by the Member States for evidence of formal qualifications and, where appropriate, the body which issues the evidence of formal qualifications concerned, the certificate which accompanies it and, where appropriate, the corresponding professional title referred to in Annex V, points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 respectively.

Since several Member States have notified new titles or changes to the ones listed, the Commission publishes the present communication in accordance with Article 21(7) of Directive 2005/36/EC (1).

1.   Specialised doctors

United Kingdom has notified the following change to the title of specialised doctor already listed (Annex V, point 5.1.2, to Directive 2005/36/EC):

| Country | Evidence of formal qualifications | Body awarding the qualifications | Reference date |
| --- | --- | --- | --- |
| United Kingdom | Certificate of completion of training | Postgraduate Medical Education and Training Board | 20.12.1976 |

Country

Evidence of formal qualifications

Body awarding the qualifications

Reference date

United Kingdom

Certificate of completion of training

Postgraduate Medical Education and Training Board

20.12.1976

2.   Medical specialities

| 1. | Belgium has notified the following new title in specialised medicine (Annex V, point 5.1.3, to Directive 2005/36/EC):
  Under ‘Geriatrics’: Gériatrie/Geriatrie |
| --- | --- |

1.

Belgium has notified the following new title in specialised medicine (Annex V, point 5.1.3, to Directive 2005/36/EC):

Under ‘Geriatrics’: Gériatrie/Geriatrie

| 2. | Belgium has notified the following changes to titles in specialised medicine already listed (Annex V, point 5.1.3, to Directive 2005/36/EC):






  (a) | Under ‘Anaesthetics’: Anesthésie-réanimation/Anesthesie-reanimatie |
| --- | --- | --- |

2.

Belgium has notified the following changes to titles in specialised medicine already listed (Annex V, point 5.1.3, to Directive 2005/36/EC):

(a)

Under ‘Anaesthetics’: Anesthésie-réanimation/Anesthesie-reanimatie

| (b) | Under ‘Obstetrics and Gynaecology’: Gynécologie-obstétrique/Gynaecologie- verloskunde |
| --- | --- |

(b)

Under ‘Obstetrics and Gynaecology’: Gynécologie-obstétrique/Gynaecologie- verloskunde

| (c) | Under ‘Psychiatry’: Psychiatrie, particulièrement en psychiatrie de l'adulte/Psychiatrie, meer bepaald in de volwassenpsychiatrie |
| --- | --- |

(c)

Under ‘Psychiatry’: Psychiatrie, particulièrement en psychiatrie de l'adulte/Psychiatrie, meer bepaald in de volwassenpsychiatrie

| (d) | Under ‘Gastroenterology’: Gastro-entérologie/Gastro-enterologie |
| --- | --- |

(d)

Under ‘Gastroenterology’: Gastro-entérologie/Gastro-enterologie

| (e) | Under ‘Dermato-venereology’: Dermato-vénéréologie/Dermato-venereologie |
| --- | --- |

(e)

Under ‘Dermato-venereology’: Dermato-vénéréologie/Dermato-venereologie

| (f) | Under ‘Child psychiatry’: Psychiatrie, particulièrement en psychiatrie infanto-juvénile/Psychiatrie, meer bepaald in de kinder- en jeugdpsychiatrie |
| --- | --- |

(f)

Under ‘Child psychiatry’: Psychiatrie, particulièrement en psychiatrie infanto-juvénile/Psychiatrie, meer bepaald in de kinder- en jeugdpsychiatrie

| 3. | Austria has notified the following new titles in specialised medicine (Annex V, point 5.1.3, to Directive 2005/36/EC):






  (a) | Under ‘Thoracic surgery’: Thoraxchirurgie |
| --- | --- | --- |

3.

Austria has notified the following new titles in specialised medicine (Annex V, point 5.1.3, to Directive 2005/36/EC):

(a)

Under ‘Thoracic surgery’: Thoraxchirurgie

| (b) | Under ‘Child psychiatry’: Kinder- und Jugendpsychiatrie |
| --- | --- |

(b)

Under ‘Child psychiatry’: Kinder- und Jugendpsychiatrie

| (c) | Under ‘Dental, oral and maxillo-facial surgery (basic medical and dental training)’: Mund-, Kiefer- und Gesichtschirurgie |
| --- | --- |

(c)

Under ‘Dental, oral and maxillo-facial surgery (basic medical and dental training)’: Mund-, Kiefer- und Gesichtschirurgie

| 4. | Austria has notified the following changes to titles in specialised medicine already listed (Annex V, point 5.1.3, to Directive 2005/36/EC):






  (a) | Under ‘Psychiatry’: Psychiatrie (und Psychotherapeutische Medizin) |
| --- | --- | --- |

4.

Austria has notified the following changes to titles in specialised medicine already listed (Annex V, point 5.1.3, to Directive 2005/36/EC):

(a)

Under ‘Psychiatry’: Psychiatrie (und Psychotherapeutische Medizin)

| (b) | Under ‘Plastic surgery’: Plastische, Ästhetische und Rekonstruktive Chirurgie |
| --- | --- |

(b)

Under ‘Plastic surgery’: Plastische, Ästhetische und Rekonstruktive Chirurgie

| (c) | Under ‘Paediatric surgery’: Kinder- und Jugendchirurgie |
| --- | --- |

(c)

Under ‘Paediatric surgery’: Kinder- und Jugendchirurgie

| (d) | Under ‘Physiotherapy’: Physikalische Medizin und Allgemeine Rehabilitation |
| --- | --- |

(d)

Under ‘Physiotherapy’: Physikalische Medizin und Allgemeine Rehabilitation

| (e) | Under ‘Neuropsychiatry’: Neurologie und Psychiatrie (until 31 March 2004) |
| --- | --- |

(e)

Under ‘Neuropsychiatry’: Neurologie und Psychiatrie (until 31 March 2004)

| (f) | Under ‘Radiology’: Radiologie (until 31 March 2004) |
| --- | --- |

(f)

Under ‘Radiology’: Radiologie (until 31 March 2004)

| (g) | Under ‘Occupational medicine’: Arbeitsmedizin |
| --- | --- |

(g)

Under ‘Occupational medicine’: Arbeitsmedizin

| (h) | Under ‘Maxillo-facial surgery (basic medical training)’: Mund-, Kiefer- und Gesichtschirurgie (until 28 February 2013) |
| --- | --- |

(h)

Under ‘Maxillo-facial surgery (basic medical training)’: Mund-, Kiefer- und Gesichtschirurgie (until 28 February 2013)

| 5. | The United Kingdom has notified the following change to a title in specialised medicine already listed (Annex V, point 5.1.3, to Directive 2005/36/EC):
  Under ‘Geriatrics’: Geriatric medicine |
| --- | --- |

5.

The United Kingdom has notified the following change to a title in specialised medicine already listed (Annex V, point 5.1.3, to Directive 2005/36/EC):

Under ‘Geriatrics’: Geriatric medicine

3.   General practitioners

| 1. | Belgium has notified the following change to the title of general practitioner already listed (Annex V, point 5.1.4, to Directive 2005/36/EC):








  Country | Evidence of formal qualifications | Professional title | Reference date |
| --- | --- | --- | --- | --- |
| België/Belgique/Belgien | Bijzondere beroepstitel van huisarts/Titre professionnel particulier de médecin généraliste | Huisarts/Médecin généraliste | 31.12.1994 |

1.

Belgium has notified the following change to the title of general practitioner already listed (Annex V, point 5.1.4, to Directive 2005/36/EC):

Country

Evidence of formal qualifications

Professional title

Reference date

België/Belgique/Belgien

Bijzondere beroepstitel van huisarts/Titre professionnel particulier de médecin généraliste

Huisarts/Médecin généraliste

31.12.1994

| 2. | The United Kingdom has notified the following change to the title of general practitioner already listed (Annex V, point 5.1.4, to Directive 2005/36/EC):








  Country | Evidence of formal qualifications | Professional title | Reference date |
| --- | --- | --- | --- | --- |
| United Kingdom | Certificate of completion of training in general practice | General medical practitioner | 31.12.1994 |

2.

The United Kingdom has notified the following change to the title of general practitioner already listed (Annex V, point 5.1.4, to Directive 2005/36/EC):

Country

Evidence of formal qualifications

Professional title

Reference date

United Kingdom

Certificate of completion of training in general practice

General medical practitioner

31.12.1994

4.   Pharmacists

| 1. | Austria has notified the following change to the title of pharmacist already listed (Annex V, point 5.6.2, to Directive 2005/36/EC):









  Country | Evidence of formal qualifications | Body awarding the evidence of qualifications | Certificate accompanying the diploma | Reference date |
| --- | --- | --- | --- | --- | --- |
| Österreich | Staatliches Apothekerdiplom | Österreichische Apothekerkammer | | 1.10.1994 |

1.

Austria has notified the following change to the title of pharmacist already listed (Annex V, point 5.6.2, to Directive 2005/36/EC):

Country

Evidence of formal qualifications

Body awarding the evidence of qualifications

Certificate accompanying the diploma

Reference date

Österreich

Staatliches Apothekerdiplom

Österreichische Apothekerkammer

1.10.1994

| 2. | The United Kingdom has notified the following change to the title of pharmacist already listed (Annex V, point 5.6.2, to Directive 2005/36/EC):









  Country | Evidence of formal qualifications | Body awarding the evidence of qualifications | Certificate accompanying the diploma | Reference date |
| --- | --- | --- | --- | --- | --- |
| United Kingdom | Certificate of registered pharmacist | For Great Britain: Royal Pharmaceutical Society of Great Britain
  For Northern Ireland: Pharmaceutical Society of Northern Ireland | | 1.10.1987 |

2.

The United Kingdom has notified the following change to the title of pharmacist already listed (Annex V, point 5.6.2, to Directive 2005/36/EC):

Country

Evidence of formal qualifications

Body awarding the evidence of qualifications

Certificate accompanying the diploma

Reference date

United Kingdom

Certificate of registered pharmacist

For Great Britain: Royal Pharmaceutical Society of Great Britain

For Northern Ireland: Pharmaceutical Society of Northern Ireland

1.10.1987

5.   Architects

Hungary has notified the following title of architect (Annex V, point 5.7.1, to Directive 2005/36/EC):

| Country | Evidence of formal qualifications | Body awarding the evidence of qualifications | Certificate accompanying the evidence of qualifications | Reference academic year |
| --- | --- | --- | --- | --- |
| Magyarország | Okleveles építészmérnök MSc | Budapesti Műszaki és Gazdaságtudományi Egyetem Építészmérnöki Kar | A területi illetékes építészkamara hatósági bizonyítványa a szakmagyakorlási jogosultságról. | 2007/2008 |

Country

Evidence of formal qualifications

Body awarding the evidence of qualifications

Certificate accompanying the evidence of qualifications

Reference academic year

Magyarország

Okleveles építészmérnök MSc

Budapesti Műszaki és Gazdaságtudományi Egyetem Építészmérnöki Kar

A területi illetékes építészkamara hatósági bizonyítványa a szakmagyakorlási jogosultságról.

2007/2008

---

(1)  A consolidated version of Annex V to Directive 2005/36/EC can be found at: http://ec.europa.eu/internal_market/qualifications/

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| 19.11.2009 | EN | Official Journal of the European Union | C 279/4 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/4

---

Non-opposition to a notified concentration

(Case COMP/M.5665 — CD&R/CMH/JDHI)

(Text with EEA relevance)

2009/C 279/02

On 12 November 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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 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/en/index.htm) under document number 32009M5665. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5665. EUR-Lex is the on-line access to the European law.

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/4 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/4

---

Non-opposition to a notified concentration

(Case COMP/M.5626 — ADECCO/SPRING)

(Text with EEA relevance)

2009/C 279/03

On 16 October 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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 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/en/index.htm) under document number 32009M5626. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5626. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 19.11.2009 | EN | Official Journal of the European Union | C 279/5 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/5

---

Euro exchange rates (1)

18 November 2009

2009/C 279/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4957 |
| JPY | Japanese yen | 133,39 |
| DKK | Danish krone | 7,4408 |
| GBP | Pound sterling | 0,88950 |
| SEK | Swedish krona | 10,2120 |
| CHF | Swiss franc | 1,5112 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3520 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,443 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 265,55 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7085 |
| PLN | Polish zloty | 4,0973 |
| RON | Romanian leu | 4,2800 |
| TRY | Turkish lira | 2,2150 |
| AUD | Australian dollar | 1,6026 |
| CAD | Canadian dollar | 1,5657 |
| HKD | Hong Kong dollar | 11,5917 |
| NZD | New Zealand dollar | 1,9959 |
| SGD | Singapore dollar | 2,0692 |
| KRW | South Korean won | 1 724,89 |
| ZAR | South African rand | 11,1031 |
| CNY | Chinese yuan renminbi | 10,2111 |
| HRK | Croatian kuna | 7,3170 |
| IDR | Indonesian rupiah | 14 079,05 |
| MYR | Malaysian ringgit | 5,0345 |
| PHP | Philippine peso | 69,944 |
| RUB | Russian rouble | 42,9048 |
| THB | Thai baht | 49,594 |
| BRL | Brazilian real | 2,5505 |
| MXN | Mexican peso | 19,3947 |
| INR | Indian rupee | 69,0420 |

Currency

Exchange rate

USD

US dollar

1,4957

JPY

Japanese yen

133,39

DKK

Danish krone

7,4408

GBP

Pound sterling

0,88950

SEK

Swedish krona

10,2120

CHF

Swiss franc

1,5112

ISK

Iceland króna

NOK

Norwegian krone

8,3520

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,443

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

265,55

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7085

PLN

Polish zloty

4,0973

RON

Romanian leu

4,2800

TRY

Turkish lira

2,2150

AUD

Australian dollar

1,6026

CAD

Canadian dollar

1,5657

HKD

Hong Kong dollar

11,5917

NZD

New Zealand dollar

1,9959

SGD

Singapore dollar

2,0692

KRW

South Korean won

1 724,89

ZAR

South African rand

11,1031

CNY

Chinese yuan renminbi

10,2111

HRK

Croatian kuna

7,3170

IDR

Indonesian rupiah

14 079,05

MYR

Malaysian ringgit

5,0345

PHP

Philippine peso

69,944

RUB

Russian rouble

42,9048

THB

Thai baht

49,594

BRL

Brazilian real

2,5505

MXN

Mexican peso

19,3947

INR

Indian rupee

69,0420

---

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

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/6 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/6

---

Opinion of the Advisory Committee on Mergers given at its meeting of 14 May 2009 regarding a draft Decision relating to Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône

Rapporteur: Latvia

2009/C 279/05

| 1. | The Advisory Committee agrees with the Commission that Electrabel has negligently put into effect a concentration in breach of Article 7(1) of the Old Merger Regulation (Council Regulation (EEC) No 4064/89 (1)). |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that Electrabel has negligently put into effect a concentration in breach of Article 7(1) of the Old Merger Regulation (Council Regulation (EEC) No 4064/89 (1)).

| 2. | The Advisory Committee agrees with the Commission that the infringement of Article 7(1) of the Merger Regulation constitutes a case of qualified negligence that cannot be ignored. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the infringement of Article 7(1) of the Merger Regulation constitutes a case of qualified negligence that cannot be ignored.

| 3. | The Advisory Committee agrees with the Commission that Electrabel must be fined in accordance to Article 14 of the Merger Regulation. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that Electrabel must be fined in accordance to Article 14 of the Merger Regulation.

---

(1)  OJ L 395, 30.12.1989, p. 1.

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/6 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/6

---

Opinion of the Advisory Committee on Mergers given at its meeting of 4 June 2009 regarding a draft Decision relating to Case COMP/M.4994 (2) — Electrabel/Compagnie Nationale du Rhône

Rapporteur: Latvia

2009/C 279/06

| 1. | The Advisory Committee agrees with the factors that were taken into account when calculating the level of the fine for Electrabel SA pursuant to Article 14(2)(b) of Council Regulation (EEC) No 4064/89 (1). A minority abstain. |
| --- | --- |

1.

The Advisory Committee agrees with the factors that were taken into account when calculating the level of the fine for Electrabel SA pursuant to Article 14(2)(b) of Council Regulation (EEC) No 4064/89 (1). A minority abstain.

| 2. | The Advisory Committee agrees with the actual level of the fine proposed by the Commission. A minority abstain. |
| --- | --- |

2.

The Advisory Committee agrees with the actual level of the fine proposed by the Commission. A minority abstain.

| 3. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. A minority abstain. |
| --- | --- |

3.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. A minority abstain.

---

(1)  OJ L 395, 30.12.1989, p. 1.

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/7 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/7

---

Final Report of the Hearing Officer in Case COMP/M.4994 — Electrabel/CNR

(Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

2009/C 279/07

The draft Decision in Case COMP/M.4994 Electrabel/CNR gives rise to the following observations:

I.   Background

On 26 March 2008, the Commission received a notification pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which Electrabel SA (Electrabel) notified its acquisition of the control of Compagnie Nationale du Rhône SA (CNR). On 29 April 2008, the Commission declared the concentration compatible with the common market (Case COMP/M.4994). The determination of the exact date on which Electrabel acquired sole control of CNR was, however, left open.

This case concerns an infringement committed by Electrabel in the context of the above-mentioned merger proceedings. The Commission has found that Electrabel had, contrary to the stand-still obligation laid down in Article 7(1) of both Council Regulation (EEC) No 4064/89 (2) (the Former Merger Regulation) and Regulation (EC) No 139/2004 (the current Merger Regulation), put into effect the concentration prior to its notification.

II.   Written procedure

On 17 December 2008, the Commission issued a Statement of Objections (SO), adopted on the basis of Article 18 of the Former Merger Regulation. In the SO, the Commission set out its view that Electrabel had acquired de facto sole control of CNR as of 23 December 2003, i.e. prior to notifying the concentration and thereby infringing Article 7(1) of the Former Merger Regulation. The Commission also notified Electrabel of the potential imposition of a fine for having infringed the stand-still obligation.

Electrabel was granted until 16 February 2009 to reply to the SO, and did so in time.

Access to file

The Commission’s investigation file exclusively contained either documents provided by Electrabel or documents internal to the Commission. In other words, all accessible documents were documents which originated from the sole party to the proceedings. DG Competition therefore adopted, for administrative ease, a simplified access to file procedure: Electrabel was provided with an index of the file together with the SO, but not copies of the documents, and was advised that it could access all the accessible documents on a CD-ROM if it so requested. No issue was raised either with me or, I have been informed, with DG Competition, relating to the access to file granted to Electrabel. I consider that Electrabel has been granted access to the file in this case and that Electrabel’s rights regarding such access have been respected.

III.   Oral Hearing

Electrabel exercised its right to be heard in an Oral Hearing, which took place on the morning of 11 March 2009. No third parties requested to attend the Hearing. The Oral Hearing was fruitful in that there was good interaction between Electrabel and the Commission services.

Subsequent Letter of Facts

On 23 March 2009, the Commission sent a Letter of Facts to Electrabel, notifying Electrabel of two additional documents that the Commission intended to rely on in support of certain conclusions drawn in the SO (one of which had been referred to by the Commission services during the Oral Hearing). Electrabel was granted a deadline of 30 March 2009 to submit its comments on these documents, which it did in time.

By letter of 30 March 2009 addressed to the Hearing Officer, Electrabel asserted that as the Commission had notified the documents to it only after the Oral Hearing had been held, it had been prevented from addressing these documents during the Oral Hearing. In my view, the Letter of Facts was sufficient to ensure that Electrabel’s right to be heard was respected as regards these documents.

IV.   Draft Decision

No additional queries or submissions have been made to the Hearing Officer by Electrabel. In view thereof, and taking into account the observations set out above, I consider that no further comments with regard to the right to be heard need to be made in the present case.

The draft Decision does not contain any objections on which Electrabel has not been given the opportunity to make known its views.

Brussels, 29 May 2009.

Karen WILLIAMS

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

(2)  OJ L 395, 30.12.1989, p. 1.

2

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/9 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/9

---

Summary of the Commission Decision

of 10 June 2009

imposing a fine for implementing a concentration in breach of Article 7(1) of Council Regulation (EEC) No 4064/89 and Article 57 of the EEA Agreement

(Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône)

(notified under document C(2009) 4416)

(Only the French text is authentic)

(Text with EEA relevance)

2009/C 279/08

On 10 June 2009 the Commission adopted a Decision in a concentration case under Council Regulation (EEC) No 4064/89 (1) on the control of concentrations between undertakings, and in particular Article 7(1) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address:

http://ec.europa.eu/competition/index_en.html

I.   INTRODUCTION

| (1) | On 10 June 2009 the Commission imposed a fine on Electrabel S.A. (Electrabel, Belgium) for having implemented a concentration with a Community dimension before it was notified to and approved by the Commission in breach of Article 7(1) of Regulation (EEC) No 4064/89. The concentration consisted in the acquisition of sole control over Compagnie Nationale du Rhône (CNR, France) on 23 December 2003. |
| --- | --- |

(1)

On 10 June 2009 the Commission imposed a fine on Electrabel S.A. (Electrabel, Belgium) for having implemented a concentration with a Community dimension before it was notified to and approved by the Commission in breach of Article 7(1) of Regulation (EEC) No 4064/89. The concentration consisted in the acquisition of sole control over Compagnie Nationale du Rhône (CNR, France) on 23 December 2003.

II.   CASE DESCRIPTION

1.   Procedure

| (2) | On 9 August 2007 Electrabel contacted the Commission services in order to obtain their opinion on whether Electrabel had acquired de facto sole control over CNR pursuant to Council Regulation (EC) No 139/2004 (2) (the New Merger Regulation). The Commission services confirmed that Electrabel had indeed acquired de facto sole control over CNR. |
| --- | --- |

(2)

On 9 August 2007 Electrabel contacted the Commission services in order to obtain their opinion on whether Electrabel had acquired de facto sole control over CNR pursuant to Council Regulation (EC) No 139/2004 (2) (the New Merger Regulation). The Commission services confirmed that Electrabel had indeed acquired de facto sole control over CNR.

| (3) | As the thresholds laid down in Article 1 of the New Merger Regulation were exceeded, Electrabel notified the Commission of this concentration on 26 March 2008. The Commission authorised the concentration by a Decision dated 29 April 2008 based on Article 6(1)(b) of the New Merger Regulation. |
| --- | --- |

(3)

As the thresholds laid down in Article 1 of the New Merger Regulation were exceeded, Electrabel notified the Commission of this concentration on 26 March 2008. The Commission authorised the concentration by a Decision dated 29 April 2008 based on Article 6(1)(b) of the New Merger Regulation.

| (4) | On 17 December 2008, a Statement of Objections (SO) was sent to Electrabel on the basis of Article 18 of Regulation (EEC) No 4046/89 (the Old Merger Regulation) (3). This SO explains how Electrabel acquired sole control over CNR from 23 December 2003, thereby implementing the concentration before it was notified to and approved by the Commission in breach of Article 7(1) of the Old Merger Regulation. |
| --- | --- |

(4)

On 17 December 2008, a Statement of Objections (SO) was sent to Electrabel on the basis of Article 18 of Regulation (EEC) No 4046/89 (the Old Merger Regulation) (3). This SO explains how Electrabel acquired sole control over CNR from 23 December 2003, thereby implementing the concentration before it was notified to and approved by the Commission in breach of Article 7(1) of the Old Merger Regulation.

| (5) | On 16 February 2009 Electrabel replied to the SO asking for a hearing, which was held on 11 March 2009. On 23 March 2009 the Commission sent a letter to Electrabel setting out the facts in order to obtain its position on a number of statements made in connection with CNR in the Suez group’s annual report for 2003 and in Electrabel’s annual report for 2004. Electrabel replied to this letter on 30 March 2009. |
| --- | --- |

(5)

On 16 February 2009 Electrabel replied to the SO asking for a hearing, which was held on 11 March 2009. On 23 March 2009 the Commission sent a letter to Electrabel setting out the facts in order to obtain its position on a number of statements made in connection with CNR in the Suez group’s annual report for 2003 and in Electrabel’s annual report for 2004. Electrabel replied to this letter on 30 March 2009.

| (6) | The Advisory Committee on Concentrations was consulted on 14 May 2009 as to whether there had been an infringement and again on 4 June 2009 about the amount of the fine. |
| --- | --- |

(6)

The Advisory Committee on Concentrations was consulted on 14 May 2009 as to whether there had been an infringement and again on 4 June 2009 about the amount of the fine.

2.   Facts

| (7) | On 23 December 2003 Electrabel, a major Belgian electricity company that belongs to the French group Suez (now GDF Suez), acquired shares in CNR, the second largest electricity company in France, from EDF, thereby increasing its existing share in CNR’s capital to 49,95 % and its voting rights to 47,92 %. |
| --- | --- |

(7)

On 23 December 2003 Electrabel, a major Belgian electricity company that belongs to the French group Suez (now GDF Suez), acquired shares in CNR, the second largest electricity company in France, from EDF, thereby increasing its existing share in CNR’s capital to 49,95 % and its voting rights to 47,92 %.

| (8) | Moreover, on 24 July 2003 Electrabel entered into a shareholder voting agreement with CDC, a French State-owned holding company, which is CNR’s second largest shareholder with 29,43 % of the capital and 29,80 % of the voting rights. According to this shareholder agreement, Electrabel and CDC agreed to vote at shareholders’ general meetings in such a way as to ensure that two of the three members of CNR’s board of directors would be Electrabel representatives, thereby guaranteeing Electrabel a majority on the board. |
| --- | --- |

(8)

Moreover, on 24 July 2003 Electrabel entered into a shareholder voting agreement with CDC, a French State-owned holding company, which is CNR’s second largest shareholder with 29,43 % of the capital and 29,80 % of the voting rights. According to this shareholder agreement, Electrabel and CDC agreed to vote at shareholders’ general meetings in such a way as to ensure that two of the three members of CNR’s board of directors would be Electrabel representatives, thereby guaranteeing Electrabel a majority on the board.

| (9) | Electrabel is also CNR’s only shareholder from the industry and as such has taken over the central role that was previously held by EDF in the operational management of CNR’s power stations and the marketing of the electricity they produce. As part of the acquisition of joint control over EnBW (a German electricity company) together with OEW in 2001, EDF committed itself to transforming CNR into a totally independent electricity producer and to withdrawing from the operational management of CNR’s power stations and the marketing of the electricity they produce by 1 April 2001. |
| --- | --- |

(9)

Electrabel is also CNR’s only shareholder from the industry and as such has taken over the central role that was previously held by EDF in the operational management of CNR’s power stations and the marketing of the electricity they produce. As part of the acquisition of joint control over EnBW (a German electricity company) together with OEW in 2001, EDF committed itself to transforming CNR into a totally independent electricity producer and to withdrawing from the operational management of CNR’s power stations and the marketing of the electricity they produce by 1 April 2001.

3.   Legal assessment

| (10) | According to its well-established decision-making practice, the Commission considers that, based on the level of attendance at CNR’s shareholder meetings in previous years and the fact that CNR’s remaining shares are widely dispersed, with 47,92 % of the voting rights Electrabel was certain to have a stable majority at CNR’s shareholder meetings. Electrabel therefore acquired de facto sole control over CNR on 23 December 2003. |
| --- | --- |

(10)

According to its well-established decision-making practice, the Commission considers that, based on the level of attendance at CNR’s shareholder meetings in previous years and the fact that CNR’s remaining shares are widely dispersed, with 47,92 % of the voting rights Electrabel was certain to have a stable majority at CNR’s shareholder meetings. Electrabel therefore acquired de facto sole control over CNR on 23 December 2003.

| (11) | This conclusion is supported by the following factors: (i) as a result of the shareholder voting agreement concluded with CDC in July 2003 Electrabel was certain to gain control of CNR’s board of directors, the corporate body that makes decisions by simple majority on strategic matters (such as the annual budget and CNR’s business plan), giving it control over the business; and (ii) as CNR’s only shareholder from the industry, Electrabel took over the operational management of CNR’s power stations and the marketing of the electricity they generate following EDF’s withdrawal. |
| --- | --- |

(11)

This conclusion is supported by the following factors: (i) as a result of the shareholder voting agreement concluded with CDC in July 2003 Electrabel was certain to gain control of CNR’s board of directors, the corporate body that makes decisions by simple majority on strategic matters (such as the annual budget and CNR’s business plan), giving it control over the business; and (ii) as CNR’s only shareholder from the industry, Electrabel took over the operational management of CNR’s power stations and the marketing of the electricity they generate following EDF’s withdrawal.

| (12) | Several written statements from representatives of both Suez and CNR confirm that as of 2004 CNR was considered de facto part of the Suez group. |
| --- | --- |

(12)

Several written statements from representatives of both Suez and CNR confirm that as of 2004 CNR was considered de facto part of the Suez group.

| (13) | On these grounds the Commission considers that Electrabel, by acquiring sole control on 23 December 2003 without having notified the Commission and received its approval in advance, breached Article 7(1) of the Old Merger Regulation, which is the instrument that was applicable at the time. |
| --- | --- |

(13)

On these grounds the Commission considers that Electrabel, by acquiring sole control on 23 December 2003 without having notified the Commission and received its approval in advance, breached Article 7(1) of the Old Merger Regulation, which is the instrument that was applicable at the time.

4.   The fine

| (14) | According to Article 14(2)(b) of the Old Merger Regulation, the Commission may impose a fine of up to 10 % of a business’s aggregate turnover within the meaning of Article 5 of the Regulation where, either intentionally or negligently, it puts into effect a concentration in breach of Article 7(1) of the Regulation. |
| --- | --- |

(14)

According to Article 14(2)(b) of the Old Merger Regulation, the Commission may impose a fine of up to 10 % of a business’s aggregate turnover within the meaning of Article 5 of the Regulation where, either intentionally or negligently, it puts into effect a concentration in breach of Article 7(1) of the Regulation.

| (15) | As for the nature of the infringement, the provision that was breached by Electrabel is one of the cornerstones of Community merger control, namely the obligation to suspend implementation of a concentration until the Commission has given its authorisation. This is a pre-condition for all concentrations with a Community dimension. In this context the infringement cannot but be considered serious in nature. |
| --- | --- |

(15)

As for the nature of the infringement, the provision that was breached by Electrabel is one of the cornerstones of Community merger control, namely the obligation to suspend implementation of a concentration until the Commission has given its authorisation. This is a pre-condition for all concentrations with a Community dimension. In this context the infringement cannot but be considered serious in nature.

| (16) | The fact that the concentration has not had an anti-competitive effect is not sufficient to reduce the level of seriousness of the infringement as it affects the very principle of ex ante control, which is essential if the Commission is to fulfil its mission. The absence of an anti-competitive effect was nevertheless taken into account when determining the amount of the fine. |
| --- | --- |

(16)

The fact that the concentration has not had an anti-competitive effect is not sufficient to reduce the level of seriousness of the infringement as it affects the very principle of ex ante control, which is essential if the Commission is to fulfil its mission. The absence of an anti-competitive effect was nevertheless taken into account when determining the amount of the fine.

| (17) | Furthermore, in view of the Commission Notice on the concept of concentration within the meaning of Regulation (EEC) No 4064/89 and the Commission’s well-established decision-making practice that was applicable at the time of the infringement, Electrabel must have known that acquiring EDF’s share and concluding a shareholders’ voting agreement with CDC would have given it de facto sole control. |
| --- | --- |

(17)

Furthermore, in view of the Commission Notice on the concept of concentration within the meaning of Regulation (EEC) No 4064/89 and the Commission’s well-established decision-making practice that was applicable at the time of the infringement, Electrabel must have known that acquiring EDF’s share and concluding a shareholders’ voting agreement with CDC would have given it de facto sole control.

| (18) | It must be emphasised that Electrabel is a major company that has vast resources and significant previous experience of Community merger control, and the target of the operation was a major company (second largest producer of electricity in France with a turnover of EUR 553 million in 2003). |
| --- | --- |

(18)

It must be emphasised that Electrabel is a major company that has vast resources and significant previous experience of Community merger control, and the target of the operation was a major company (second largest producer of electricity in France with a turnover of EUR 553 million in 2003).

| (19) | Finally, there are precedents in which fines were imposed for breaches of Article 7(1) of the Old Merger Regulation. |
| --- | --- |

(19)

Finally, there are precedents in which fines were imposed for breaches of Article 7(1) of the Old Merger Regulation.

| (20) | The Commission notes an infringement for the period from the date on which Electrabel acquired EDF’s shares (23 December 2003) until the day the Commission was made aware of the controlling share (9 August 2007), i.e. 43 months and 17 days. |
| --- | --- |

(20)

The Commission notes an infringement for the period from the date on which Electrabel acquired EDF’s shares (23 December 2003) until the day the Commission was made aware of the controlling share (9 August 2007), i.e. 43 months and 17 days.

| (21) | The Commission recognises as a mitigating circumstance the fact that Electrabel contacted the Commission of its own accord and then cooperated throughout the procedure. |
| --- | --- |

(21)

The Commission recognises as a mitigating circumstance the fact that Electrabel contacted the Commission of its own accord and then cooperated throughout the procedure.

| (22) | Lastly, the Commission pays particular attention to the need to guarantee the dissuasive nature of the fines it imposes. This aspect is particularly relevant in view of Electrabel’s economic importance. |
| --- | --- |

(22)

Lastly, the Commission pays particular attention to the need to guarantee the dissuasive nature of the fines it imposes. This aspect is particularly relevant in view of Electrabel’s economic importance.

| (23) | In view of the above, for the purpose of sanctioning Electrabel for the infringement, and taking account of the specific circumstances of the case, the Commission imposed a fine of EUR 20 000 000 under Article 14(2)(b) of Regulation (EEC) No 4064/89. |
| --- | --- |

(23)

In view of the above, for the purpose of sanctioning Electrabel for the infringement, and taking account of the specific circumstances of the case, the Commission imposed a fine of EUR 20 000 000 under Article 14(2)(b) of Regulation (EEC) No 4064/89.

---

(1)  OJ L 395, 30.12.1989, p. 1.

(2)  OJ L 24, 29.1.2004, p. 1.

(3)  Pursuant to Article 26(2) of the New Merger Regulation, the Old Merger Regulation remains applicable to any concentration in which control was acquired before the New Merger Regulation entered into force. The SO emphasises that that Electrabel acquired control over CNR on 23 December 2003, i.e. before the New Merger Regulation came into force. Proceedings have therefore been conducted under the Old Merger Regulation.

---

Court of Auditors

| 19.11.2009 | EN | Official Journal of the European Union | C 279/12 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/12

---

Special Report No 13/2009 ‘Delegating implementing tasks to executive agencies: a successful option?’

2009/C 279/09

The European Court of Auditors hereby informs you that Special Report No 13/2009 ‘Delegating implementing tasks to executive agencies: a successful option?’ has just been published.

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

A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Communication and Reports Unit |
| 12, rue Alcide de Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: euraud@eca.europa.eu |

European Court of Auditors

Communication and Reports Unit

12, rue Alcide de Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: euraud@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

---

NOTICES FROM MEMBER STATES

| 19.11.2009 | EN | Official Journal of the European Union | C 279/13 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/13

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2009/C 279/10

| Reference number of State Aid | X 30/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | IT |
| Name of the Region (NUTS) | Italia, Liguria, Imperia, Savona, Genova, La Spezia
  Article 87(3)(c) |
| Granting authority | Regione Liguria Settore Sistema Regionale della Formazione e dell′Orientamento |
| Via Fieschi 15 |
| 16121 Genova GE |
| ITALIA |
| http://www.regione.liguria.it |

Reference number of State Aid

X 30/09

Member State

Italy

Member State reference number

IT

Name of the Region (NUTS)

Italia, Liguria, Imperia, Savona, Genova, La Spezia

Article 87(3)(c)

Granting authority

Regione Liguria Settore Sistema Regionale della Formazione e dell′Orientamento

Via Fieschi 15

16121 Genova GE

ITALIA

http://www.regione.liguria.it

Title of the aid measure

Aiuti a favore della formazione professionale dei lavoratori occupati nelle imprese sul territorio regionale, inclusi i titolari di PMI, cofinanziati dal Fondo Sociale Europeo, così come previsto in particolare nell′ambito degli Assi I, III e IV del programma Operativo per l'Obiettivo «Competitività Regionale e Occupazione» Fondo Scociale Europeo — Regione Liguria 2007-2013

National legal basis (Reference to the relevant national official publication)

Legge Regionale n. 52 del 5.11.1993 e successive modifiche.

Programma Operativo per l'Obiettivo «C.R.O.» della Regione Liguria, Fondo Sociale Europeo per il periodo 2007-2013 approvato dalla Commissione Europea con decisione n. C(2007) 5474 del 7.11.2007.

Disposizioni Attuattive Fondo Sociale Europeo P.O. Ob. «C.R.O.» approvate con deliberazione della Giunta Regionale n. 1178 del 12.10.2007.

Decreto Dirigente n. 3611 del 9.12.2008

Web link to the full text of the aid measure

http://www.regione.liguria.it/MenuSezione.asp?page=http://sirio.regione.liguria.it/ifl/npc/ob2

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

9.12.2008-30.6.2014

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 15,00 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

Fondo Sociale Europeo — 33,63 EUR (in milioni)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Specific training (Article 38(1))

35 %

55 %

General training (Article 38(2))

70 %

80 %

| Reference number of State Aid | X 31/09 |
| --- | --- |
| Member State | Austria |
| Member State reference number | — |
| Name of the Region (NUTS) | Salzburg
  Mixed |
| Granting authority | Amt der Salzburger Landesregierung |
| Abteilung 15: Wirtschaft, Tourismus, Energie |
| Postfach 527 |
| 5010 Salzburg |
| ÖSTERREICH |
| http://www.salzburg.gv.at |

Reference number of State Aid

X 31/09

Member State

Austria

Member State reference number

—

Name of the Region (NUTS)

Salzburg

Mixed

Granting authority

Amt der Salzburger Landesregierung

Abteilung 15: Wirtschaft, Tourismus, Energie

Postfach 527

5010 Salzburg

ÖSTERREICH

http://www.salzburg.gv.at

Title of the aid measure

Richtlinie zur Förderung von Maßnahmen des Programms zur Stärkung der Wettbewerbsfähigkeit der Region Salzburg 2007—2013 (RWF-Richtlinie)

National legal basis (Reference to the relevant national official publication)

Beschluss der Sbg. Landesregierung vom 9.10.2006 sowie das genehmigte EU-Programm Stärkung der Wettbewerbsfähigkeit der Region Salzburg, Operationelles Programm 2007—2013 gem. VO (EG) Nr. 1083/2006 vom 11.7.2006, CCI2007AT162PO006

Web link to the full text of the aid measure

http://www.salzburg.gv.at/dot-formulare-wt-w168.dot

Type of measure

Scheme

Amendment of an existing aid measure

Modification XT 14/07

Modification XR 3/07

Modification XS 50/07

Duration

1.1.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 1,83 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

CCI2007AT162PO006 — 2,00 EUR (in Mio.)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

15 %

20 %

SME investment and employment aid (Article 15)

20 %

—

Aid for consultancy in favour of SMEs (Article 26)

50 %

—

Aid for SME participation in fairs (Article 27)

50 %

—

Specific training (Article 38(1))

25 %

20 %

General training (Article 38(2))

60 %

20 %

| Reference number of State Aid | X 33/09 |
| --- | --- |
| Member State | Hungary |
| Member State reference number | — |
| Name of the Region (NUTS) | Közép-Magyarország, Közép-Dunántúl, Nyugat-Dunántúl, Dél-Dunántúl, Észak-Magyarország, Észak-Alföld, Dél-Alföld
  Mixed |
| Granting authority | Nemzeti Fejlesztési Ügynökség |
| Budapest |
| Wesselényi u. 20–22. |
| 1077 |
| MAGYARORSZÁG/HUNGARY |
| http://www.nfu.hu |

Reference number of State Aid

X 33/09

Member State

Hungary

Member State reference number

—

Name of the Region (NUTS)

Közép-Magyarország, Közép-Dunántúl, Nyugat-Dunántúl, Dél-Dunántúl, Észak-Magyarország, Észak-Alföld, Dél-Alföld

Mixed

Granting authority

Nemzeti Fejlesztési Ügynökség

Budapest

Wesselényi u. 20–22.

1077

MAGYARORSZÁG/HUNGARY

http://www.nfu.hu

Title of the aid measure

Svájci–Magyar Együttműködési Program

National legal basis (Reference to the relevant national official publication)

237/2008. (IX. 26.) Korm. rendelet a Svájci–Magyar Együttműködési Program végrehajtási rendjéről

Közlönyszám 139. szám (2008. szeptember 26.)

Web link to the full text of the aid measure

http://www.nfu.hu/svajci_hozzajarulas

http://www.nfu.hu/jogszabalyok

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

14.6.2007-14.6.2012

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

HUF 4 861,36 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

50 %

20 %

Aid for newly created small enterprises (Article 14)

35 %

—

Aid in the form of risk capital (Article 28-29)

HUF 421 200 000

—

Fundamental research (Article 31(2)(a))

100 %

—

Industrial research (Article 31(2)(b))

50 %

20 %

Experimental development (Article 31(2)(c))

25 %

20 %

Aid for technical feasibility studies (Article 32)

75 %

—

Aid for industrial property rights costs for SMEs (Article 33)

100 %

—

Aid for research and development in the agricultural and fisheries sectors (Article 34)

100 %

—

Aid to young innovative enterprises (Article 35)

HUF 421 200 000

—

Aid for innovation advisory services and for innovation support services (Article 36)

HUF 56 160 000

—

Aid for the loan of highly qualified personnel (Article 37)

HUF 50

—

Specific training (Article 38(1))

25 %

20 %

General training (Article 38(2))

60 %

20 %

Aid for the recruitment of disadvantaged workers in the form of wage subsidies (Article 40)

50 %

—

Aid for the employment of disabled workers in the form of wage subsidies (Article 41)

75 %

—

Aid for compensating the additional costs of employing disabled workers (Article 42)

100 %

—

| Reference number of State Aid | X 35/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Deutschland
  Article 87(3)(a), Article 87(3)(c), non-assisted areas, mixed |
| Granting authority | siehe Dokument „Bewilligungsbehörden“ |
| Title of the aid measure | Energieforschungsprogramm „Innovation und neue Energietechnologien“ |
| National legal basis (Reference to the relevant national official publication) | Bundesanzeiger 194 vom 19. Dezember 2008, Seite 4617 |
| Web link to the full text of the aid measure | http://www.bmwi.de/BMWi/Navigation/Energie/energieforschung.html |
| Type of measure | Scheme |
| Amendment of an existing aid measure | Modification N 454/05 |
| Duration | 1.1.2009-31.12.2010 |
| Economic sector(s) concerned | All economic sectors eligible to receive aid |
| Type of beneficiary | SME
  large enterprise |
| Annual overall amount of the budget planned under the scheme | EUR 658,80 million |
| For guarantees | — |
| Aid Instrument (Article 5) | Direct grant |
| Reference to the Commission decision | — |
| If co-financed by Community funds | — |
| Objectives | Maximum aid intensity in % or maximum aid amount in national currency | SME-bonuses in % |
| Fundamental research (Article 31(2)(a)) | 100 % | — |
| Industrial research (Article 31(2)(b)) | 50 % | 20 % |
| Experimental development (Article 31(2)(c)) | 25 % | 20 % |
| Aid for technical feasibility studies (Article 32) | 75 % | — |

Reference number of State Aid

X 35/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Deutschland

Article 87(3)(a), Article 87(3)(c), non-assisted areas, mixed

Granting authority

siehe Dokument „Bewilligungsbehörden“

Title of the aid measure

Energieforschungsprogramm „Innovation und neue Energietechnologien“

National legal basis (Reference to the relevant national official publication)

Bundesanzeiger 194 vom 19. Dezember 2008, Seite 4617

Web link to the full text of the aid measure

http://www.bmwi.de/BMWi/Navigation/Energie/energieforschung.html

Type of measure

Scheme

Amendment of an existing aid measure

Modification N 454/05

Duration

1.1.2009-31.12.2010

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 658,80 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Fundamental research (Article 31(2)(a))

100 %

—

Industrial research (Article 31(2)(b))

50 %

20 %

Experimental development (Article 31(2)(c))

25 %

20 %

Aid for technical feasibility studies (Article 32)

75 %

—

| Reference number of State Aid | X 37/09 |
| --- | --- |
| Member State | Denmark |
| Member State reference number | 020210/20005-0055 |
| Name of the Region (NUTS) | — |
| Granting authority | Energinet.dk |
| Tonne Kjærs Vej 65 |
| 7000 Fredericia |
| DANMARK |
| http://info@energinet.dk |

Reference number of State Aid

X 37/09

Member State

Denmark

Member State reference number

020210/20005-0055

Name of the Region (NUTS)

—

Granting authority

Energinet.dk

Tonne Kjærs Vej 65

7000 Fredericia

DANMARK

http://info@energinet.dk

Title of the aid measure

Tilskud til at fremme udbredelsen af små skala elproduktionsanlæg med vedvarende energikilder.

National legal basis (Reference to the relevant national official publication)

Bekendtgørelse nr. 1220 af 17. december 2008 om tilskud til at fremme udbredelsen af elproduktionsanlæg med vedvarende energikilder.

Web link to the full text of the aid measure

http://www.lovtidende.dk/Forms/L0201.aspx?res=121&nres=11&pm=10&aar=2008

http://www.retsinformation.dk/Forms/R0710.aspx?id=122722

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2008-31.12.2011

Economic sector(s) concerned

Electricity, gas, steam and air conditioning supply

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

DKK 25,00 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Environmental investment aid for the promotion of energy from renewable energy sources (Article 23)

45 %

20 %

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/19 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/19

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2009/C 279/11

| Reference number of State Aid | X 50/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Brandenburg
  Article 87(3)(a) |
| Granting authority | LASA Brandenburg GmbH |
| Wetzlarer Straße 54 |
| 14482 Potsdam |
| DEUTSCHLAND |
| http://www.lasa-brandenburg.de |

Reference number of State Aid

X 50/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Brandenburg

Article 87(3)(a)

Granting authority

LASA Brandenburg GmbH

Wetzlarer Straße 54

14482 Potsdam

DEUTSCHLAND

http://www.lasa-brandenburg.de

Title of the aid measure

„Einstiegszeit“ (Landesprogramm zur Förderung von arbeitslosen Jugendlichen)

National legal basis (Reference to the relevant national official publication)

§ 44 Landeshaushaltsordnung des Landes Brandenburg nebst den dazu erlassenen Verwaltungsvorschriften

Gesetz- und Verordnungsblatt für das Land Brandenburg Teil I vom 21.4.1999 (GVBl. I/99, S. 106), zuletzt geändert durch Artikel 14 des Gesetzes vom 28.6.2006 (GVBl. I/06, S. 74, 85)

Web link to the full text of the aid measure

http://www.lasa-brandenburg.de/Einstiegszeit-fuer-Jugendliche.764.0.html

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2009-31.12.2009

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 1,00 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

ESF-OP Brandenburg CCI: 2007 DE 05 1 PO 001, Genehmigungsentscheidung K(2007) 3351 — 0,70 EUR (in Mio.)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

General training (Article 38(2))

60 %

10 %

| Reference number of State Aid | X 54/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Hamburg
  Non-assisted areas |
| Granting authority | Hamburgische Wohnungsbaukreditanstalt |
| Besenbinderhof 31 |
| 20097 Hamburg |
| DEUTSCHLAND |
| http://www.wk-hamburg.de |

Reference number of State Aid

X 54/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Hamburg

Non-assisted areas

Granting authority

Hamburgische Wohnungsbaukreditanstalt

Besenbinderhof 31

20097 Hamburg

DEUTSCHLAND

http://www.wk-hamburg.de

Title of the aid measure

Förderrichtlinie Energiesparendes Bauen

Förderrichtlinie für die Gewährung von Zuschüssen im energiesparenden Wohnungsbau in Hamburg

National legal basis (Reference to the relevant national official publication)

§ 2 Absätze 3 und 4 des Gesetzes über die Wohnraumförderung in der Freien und Hansestadt Hamburg (Hamburgisches Wohnraumförderungsgesetz — HmbWoFG), HmbGVBl. 2008, S. 74f

Web link to the full text of the aid measure

http://wk-hamburg.de/fileadmin/pdf/download/foerdeb.pdf

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2009-31.12.2011

Economic sector(s) concerned

Renting and operating of own or leased real estate

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 9,70 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Environmental investment aid for energy saving measures (Article 21)

20 %

20 %

| Reference number of State Aid | X 59/09 |
| --- | --- |
| Member State | Spain |
| Member State reference number | — |
| Name of the Region (NUTS) | — |
| Granting authority | Ministro De Industria Turismo Y Comercio |
| Po Castellana, 160 |
| 28071 Madrid |
| ESPAÑA |
| http://www.mityc.es |

Reference number of State Aid

X 59/09

Member State

Spain

Member State reference number

—

Name of the Region (NUTS)

—

Granting authority

Ministro De Industria Turismo Y Comercio

Po Castellana, 160

28071 Madrid

ESPAÑA

http://www.mityc.es

Title of the aid measure

Pland de Competitividad Sector Automoción

National legal basis (Reference to the relevant national official publication)

Orden ministerial ITC/21/2009 de 16 de enero, por la que se establecen las bases reguladoras, y se efectúa la convocatoria de las ayudas para la realización de actuaciones en el marco del Plan de Competitividad del Sector Automoción (B.O.E de 20.1.2009)

Web link to the full text of the aid measure

http://www.boe.es/boe/dias/2009/01/20/pdfs/BOE-A-2009-957.pdf

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

21.1.2009-31.12.2009

Economic sector(s) concerned

Manufacture of motor vehicles, Manufacture of bodies (coachwork) for motor vehicles; manufacture of trailers and semi-trailers, Manufacture of electrical and electronic equipment for motor vehicles, Manufacture of other parts and accessories for motor vehicles

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 800,00 million

For guarantees

—

Aid Instrument (Article 5)

Soft loan, Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Investment aid enabling undertakings to go beyond Community standards for environmental protection or increase the level of environmental protection in the absence of Community standards (Article 18)

35 %

20 %

Aid for environmental studies (Article 24)

50 %

20 %

Experimental development (Article 31(2)(c))

25 %

20 %

Aid for technical feasibility studies (Article 32)

40 %

—

Specific training (Article 38(1))

25 %

20 %

General training (Article 38(2))

60 %

20 %

| Reference number of State Aid | X 63/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Trento
  Article 87(3)(c) |
| Granting authority | Provincia Autonoma Di Trento |
| Dipartimento Industria, Artigianato E Miniere |
| Via G.B. Trener 3 |
| 38100 Trento TN |
| ITALIA |
| http://www.provincia.tn.it |

Reference number of State Aid

X 63/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Trento

Article 87(3)(c)

Granting authority

Provincia Autonoma Di Trento

Dipartimento Industria, Artigianato E Miniere

Via G.B. Trener 3

38100 Trento TN

ITALIA

http://www.provincia.tn.it

Title of the aid measure

Servizi alle imprese

National legal basis (Reference to the relevant national official publication)

Legge provinciale 12 luglio 1993, n. 17

Deliberazione della Giunta provinciale n. 3008 di data 21 dicembre 2007

Web link to the full text of the aid measure

http://www.artigianato.provincia.tn.it/agevolazioni/legge_servizi_imprese/

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 2,95 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

SME investment and employment aid (Article 15)

15 %

—

Aid for consultancy in favour of SMEs (Article 26)

50 %

—

| Reference number of State Aid | X 65/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Ancona
  Non-assisted areas |
| Granting authority | Provincia di Ancona |
| Via Ruggeri 3 |
| 60131 Ancona AN |
| ITALIA |
| http://www.formazione.provincia.ancona.it |

Reference number of State Aid

X 65/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Ancona

Non-assisted areas

Granting authority

Provincia di Ancona

Via Ruggeri 3

60131 Ancona AN

ITALIA

http://www.formazione.provincia.ancona.it

Title of the aid measure

Avviso pubblico per la presentazione e gestione di progetti formativi POR FSE 2007/2013 Asse I Adattabilità

National legal basis (Reference to the relevant national official publication)

DGP Provincia di Ancona n. 647 del 29.12.2008 pubblicata sul BUR Marche n. 1 dell’8.1.2009

Web link to the full text of the aid measure

http://www.istruzione.provincia.ancona.it/media/Files/9533_avviso_pubblico_asse_i_adattabilita_.pdf

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

29.12.2008-30.6.2012

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 1,80 million

For guarantees

—

Aid Instrument (Article 5)

Direct grant

Reference to the Commission decision

—

If co-financed by Community funds

POR Marche FSE 2007/2013 approvato con decisione C(2007) 5496 dell’8.11.2007 — 0,71 milioni di EUR

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Specific training (Article 38(1))

25 %

20 %

General training (Article 38(2))

60 %

20 %

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/24 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/24

---

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(Text with EEA relevance)

2009/C 279/12

| Member State | Italy |
| --- | --- |
| Concerned routes | — | Alghero–Rome Fiumicino and return |

Member State

Italy

Concerned routes

—

Alghero–Rome Fiumicino and return

| — | Alghero–Milan Linate and return |
| --- | --- |

—

Alghero–Milan Linate and return

| — | Cagliari–Rome Fiumicino and return |
| --- | --- |

—

Cagliari–Rome Fiumicino and return

| — | Cagliari–Milan Linate and return |
| --- | --- |

—

Cagliari–Milan Linate and return

| — | Olbia–Rome Fiumicino and return |
| --- | --- |

—

Olbia–Rome Fiumicino and return

| — | Olbia–Milan Linate and return |
| --- | --- |

—

Olbia–Milan Linate and return

Date of entry into force of the public service obligations

The day of publication of this notice

Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained

| Ente Nazionale per l'Aviazione Civile (ENAC) |
| --- |
| Direzione Trasporto Aereo |
| Viale del Castro Pretorio 118 |
| 0185 Roma RM |
| ITALIA |
| Website: http://www.enac.gov.it |
| E-mail: osp@enac.gov.it |

Ente Nazionale per l'Aviazione Civile (ENAC)

Direzione Trasporto Aereo

Viale del Castro Pretorio 118

0185 Roma RM

ITALIA

Website: http://www.enac.gov.it

E-mail: osp@enac.gov.it

---

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 19.11.2009 | EN | Official Journal of the European Union | C 279/25 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/25

---

Sixty-second amendment of the State aid Guidelines

EFTA Surveillance Authority decision to propose appropriate measures

2009/C 279/13

| Date of adoption | : | 7 February 2007 |
| --- | --- | --- |
| EFTA State | : | Iceland
  Norway
  Liechtenstein |
| Case number | : | 59185 |
| Title | : | EFTA Surveillance Authority decision amending for the sixty-second time the procedural and substantive rules in the field of State aid — New Chapter 14 State aid for Research and Development and Innovation. Proposal for appropriate measures. |
| Legal basis | : | College Decision No 14/07/COL |
| Decision | : | The appropriate measures, proposed by the Authority and accepted by the EFTA States are as follows: to amend, where necessary such schemes in order to bring them into line with Chapter 14 within 12 months after its adoption with the following exceptions: (i) EFTA States have 24 months to introduce amendments regarding the provisions covered in point 3.1.1 of Chapter 14; (ii) the new threshold for large individual projects will apply as from the entry into force of Chapter 14; (iii) the duty to provide more detailed annual reports pursuant to point 9.1.1 and the duty to submit information sheets pursuant to point 9.1.3 will apply to existing aid schemes six months after the entry into force of Chapter 14. |

Date of adoption

:

7 February 2007

EFTA State

:

Iceland

Norway

Liechtenstein

Case number

:

59185

Title

:

EFTA Surveillance Authority decision amending for the sixty-second time the procedural and substantive rules in the field of State aid — New Chapter 14 State aid for Research and Development and Innovation. Proposal for appropriate measures.

Legal basis

:

College Decision No 14/07/COL

Decision

:

The appropriate measures, proposed by the Authority and accepted by the EFTA States are as follows: to amend, where necessary such schemes in order to bring them into line with Chapter 14 within 12 months after its adoption with the following exceptions: (i) EFTA States have 24 months to introduce amendments regarding the provisions covered in point 3.1.1 of Chapter 14; (ii) the new threshold for large individual projects will apply as from the entry into force of Chapter 14; (iii) the duty to provide more detailed annual reports pursuant to point 9.1.1 and the duty to submit information sheets pursuant to point 9.1.3 will apply to existing aid schemes six months after the entry into force of Chapter 14.

---

The EEA Joint Committee

| 19.11.2009 | EN | Official Journal of the European Union | C 279/26 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/26

---

Decisions of the EEA Joint Committee for which the constitutional requirements under Article 103 of the EEA Agreement have been fulfilled

2009/C 279/14

Since March 2000, Decisions of the EEA Joint Committee indicate in a footnote whether their date of entry into force depends on the fulfilment of constitutional requirements by any of the Contracting Parties. Such requirements were notified as regards the Decisions listed below. The Contracting Parties in question have now notified the other Contracting Parties that they have completed their internal procedures. The dates of entry into force of the Decisions are as indicated.

| Decision number | Date of adoption | Publication reference | Legal act(s) integrated | Date of entry into force |
| --- | --- | --- | --- | --- |
| 93/2006 | 7.7.2006 | 19.10.2006 OJ L 289, p. 34

  Supp No 52, p. 27 | Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’). | 1.2.2009 |
| 131/2006 | 27.10.2006 | 21.12.2006 OJ L 366, p. 69

  Supp No 64, p. 3 | Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety management Code within the Community and repealing Council Regulation (EC) No 3051/95. | 1.8.2008 |
| 152/2006 | 8.12.2006 | 29.3.2007 OJ L 89, p. 24

  Supp No 15, p. 19 | Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis. | 1.5.2009 |
| 160/2006 | 8.12.2006 | 29.3.2007 OJ L 89, p. 38

  Supp No 15, p. 30 | Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC. | 1.8.2009 |
| 15/2007 | 27.4.2007 | 9.8.2007 OJ L 209, p. 26

  Supp No 38, p. 20 | Commission Regulation (EC) No 907/2006 of 20 June 2006 amending Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents, in order to adapt Annexes III and VII thereto. | 1.8.2008 |
| 49/2007 | 8.6.2007 | 11.10.2007 OJ L 266, p. 7

  Supp No 48, p. 5 | Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment. | 1.11.2008 |
| 87/2007 | 6.7.2007 | 13.12.2007 OJ L 328, p. 32

  Supp No 60, p. 23 | Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds. | 1.5.2009 |
| 95/2007 | 6.7.2007 | 13.12.2007 OJ L 328, p. 48

  Supp No 60, p. 33 | Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Council Directive 77/91/EEC as regards the formation of public limited liability companies and the maintenance and alteration of their capital. | 1.2.2009 |
| 102/2007 | 28.9.2007 | 21.2.2008 OJ L 47, p. 16

  Supp No 9, p. 14 | Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 on establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council. | 1.7.2009 |
| 114/2007 | 28.9.2007 | 21.2.2008 OJ L 47, p. 34

  Supp No 9, p. 28 | Commission Directive 2007/16/EC of 19 March 2007 implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions. | 1.8.2009 |
| 125/2007 | 28.9.2007 | 21.2.2008 OJ L 47, p. 53

  Supp No 9, p. 41 | Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy. | 1.5.2009 |
| 131/2007 | 28.9.2007 | 21.2.2008 OJ L 47, p. 67

  Supp No 9, p. 49 | Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’. | 14.5.2008 |
| 142/2007 | 26.10.2007 | 10.4.2008 OJ L 100, p. 70

  Supp No 19, p. 70 | Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications.
  Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications. | 1.7.2009 |
| 158/2007 | 7.12.2007 | 8.5.2008 OJ L 124, p. 20

  Supp No 26, p. 17 | Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/ECC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
  Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State. | 1.3.2009 |
| 10/2008 | 1.2.2008 | 12.6.2008 OJ L 154, p. 20

  Supp No 33, p. 16 | Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market. | 1.8.2008 |
| 25/2008 | 14.3.2008 | 10.7.2008 OJ L 182, p. 11

  Supp No 42, p. 6 | Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC. | 5.6.2008 |
| 29/2008 | 14.3.2008 | 10.7.2008 OJ L 182, p. 21

  Supp No 42, p. 13 | Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (Recast). | 1.4.2009 |
| 33/2008 | 14.3.2008 | 10.7.2008 OJ L 182, p. 30

  Supp No 42, p. 18 | Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). | 1.2.2009 |
| 71/2008 | 6.6.2008 | 25.9.2008 OJ L 257, p. 34

  Supp No 58, p. 16 | Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety oversight in air traffic management and amending Regulation (EC) No 2096/2005. | 1.7.2009 |
| 85/2008 | 4.7.2008 | 23.10.2008 OJ L 280, p. 20

  Supp No 64, p. 13 | Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and road and repealing Council Regulations (EC) No 1191/69 and No 1107/70. | 1.2.2009 |
| 12/2009 | 5.2.2009 | 19.3.2009 OJ L 73, p. 47

  Supp No 16, p. 18 | Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community. | 1.8.2009 |
| 49/2009 | 24.4.2009 | 25.6.2009 OJ L 162, p. 30

  Supp No 33, p. 17 | Commission Regulation (EC) No 1321/2007 of 12 November 2007 laying down implementing rules for the integration into a central repository of information on civil aviation occurrences exchanged in accordance with Directive 2003/42/EC of the European Parliament and of the Council. | 1.7.2009 |
| 50/2009 | 24.4.2009 | 25.6.2009 OJ L 162, p. 31

  Supp No 33, p. 19 | Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council. | 1.7.2009 |
| 68/2009 | 29.5.2009 | 3.9.2009 OJ L 232, p. 24

  Supp No 47, p. 26 | Commission Decision C(2008) 4333 final of 8 August 2008 laying down additional measures for the implementation of the common basic standards on aviation security. | 1.11.2009 |
| 69/2009 | 29.5.2009 | 3.9.2009 OJ L 232, p. 25

  Supp No 47, p. 27 | Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002. | 1.11.2009 |
| 91/2009 | 3.7.2009 | 22.10.2009 OJ L 277, p. 45

  Supp No 56, p. 23 | Decision No 1298/2008/EC of the European Parliament and of the Council of 16 December 2008 establishing the Erasmus Mundus 2009-2013 action programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries. | 23.7.2009 |

Decision number

Date of adoption

Publication reference

Legal act(s) integrated

Date of entry into force

93/2006

7.7.2006

19.10.2006 OJ L 289, p. 34

Supp No 52, p. 27

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’).

1.2.2009

131/2006

27.10.2006

21.12.2006 OJ L 366, p. 69

Supp No 64, p. 3

Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety management Code within the Community and repealing Council Regulation (EC) No 3051/95.

1.8.2008

152/2006

8.12.2006

29.3.2007 OJ L 89, p. 24

Supp No 15, p. 19

Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis.

1.5.2009

160/2006

8.12.2006

29.3.2007 OJ L 89, p. 38

Supp No 15, p. 30

Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC.

1.8.2009

15/2007

27.4.2007

9.8.2007 OJ L 209, p. 26

Supp No 38, p. 20

Commission Regulation (EC) No 907/2006 of 20 June 2006 amending Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents, in order to adapt Annexes III and VII thereto.

1.8.2008

49/2007

8.6.2007

11.10.2007 OJ L 266, p. 7

Supp No 48, p. 5

Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment.

1.11.2008

87/2007

6.7.2007

13.12.2007 OJ L 328, p. 32

Supp No 60, p. 23

Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds.

1.5.2009

95/2007

6.7.2007

13.12.2007 OJ L 328, p. 48

Supp No 60, p. 33

Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Council Directive 77/91/EEC as regards the formation of public limited liability companies and the maintenance and alteration of their capital.

1.2.2009

102/2007

28.9.2007

21.2.2008 OJ L 47, p. 16

Supp No 9, p. 14

Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 on establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council.

1.7.2009

114/2007

28.9.2007

21.2.2008 OJ L 47, p. 34

Supp No 9, p. 28

Commission Directive 2007/16/EC of 19 March 2007 implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions.

1.8.2009

125/2007

28.9.2007

21.2.2008 OJ L 47, p. 53

Supp No 9, p. 41

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.

1.5.2009

131/2007

28.9.2007

21.2.2008 OJ L 47, p. 67

Supp No 9, p. 49

Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’.

14.5.2008

142/2007

26.10.2007

10.4.2008 OJ L 100, p. 70

Supp No 19, p. 70

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications.

Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications.

1.7.2009

158/2007

7.12.2007

8.5.2008 OJ L 124, p. 20

Supp No 26, p. 17

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/ECC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.

Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State.

1.3.2009

10/2008

1.2.2008

12.6.2008 OJ L 154, p. 20

Supp No 33, p. 16

Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market.

1.8.2008

25/2008

14.3.2008

10.7.2008 OJ L 182, p. 11

Supp No 42, p. 6

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

5.6.2008

29/2008

14.3.2008

10.7.2008 OJ L 182, p. 21

Supp No 42, p. 13

Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (Recast).

1.4.2009

33/2008

14.3.2008

10.7.2008 OJ L 182, p. 30

Supp No 42, p. 18

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).

1.2.2009

71/2008

6.6.2008

25.9.2008 OJ L 257, p. 34

Supp No 58, p. 16

Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety oversight in air traffic management and amending Regulation (EC) No 2096/2005.

1.7.2009

85/2008

4.7.2008

23.10.2008 OJ L 280, p. 20

Supp No 64, p. 13

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and road and repealing Council Regulations (EC) No 1191/69 and No 1107/70.

1.2.2009

12/2009

5.2.2009

19.3.2009 OJ L 73, p. 47

Supp No 16, p. 18

Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community.

1.8.2009

49/2009

24.4.2009

25.6.2009 OJ L 162, p. 30

Supp No 33, p. 17

Commission Regulation (EC) No 1321/2007 of 12 November 2007 laying down implementing rules for the integration into a central repository of information on civil aviation occurrences exchanged in accordance with Directive 2003/42/EC of the European Parliament and of the Council.

1.7.2009

50/2009

24.4.2009

25.6.2009 OJ L 162, p. 31

Supp No 33, p. 19

Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council.

1.7.2009

68/2009

29.5.2009

3.9.2009 OJ L 232, p. 24

Supp No 47, p. 26

Commission Decision C(2008) 4333 final of 8 August 2008 laying down additional measures for the implementation of the common basic standards on aviation security.

1.11.2009

69/2009

29.5.2009

3.9.2009 OJ L 232, p. 25

Supp No 47, p. 27

Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002.

1.11.2009

91/2009

3.7.2009

22.10.2009 OJ L 277, p. 45

Supp No 56, p. 23

Decision No 1298/2008/EC of the European Parliament and of the Council of 16 December 2008 establishing the Erasmus Mundus 2009-2013 action programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries.

23.7.2009

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 19.11.2009 | EN | Official Journal of the European Union | C 279/29 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/29

---

Prior notification of a concentration

(Case COMP/M.5704 — JBS/Bertin)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 279/15

| 1. | On 6 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings J&F Participações S.A. (‘J&F’, Brazil) and ZMF Fundo de Investimento em Participações (‘ZMF’, Brazil) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of parts of the undertakings JBS S.A. (‘JBS’, Brazil) and Bertin S.A. (‘Bertin’, Brazil) by way of purchase of shares. |
| --- | --- |

1.

On 6 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings J&F Participações S.A. (‘J&F’, Brazil) and ZMF Fundo de Investimento em Participações (‘ZMF’, Brazil) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of parts of the undertakings JBS S.A. (‘JBS’, Brazil) and Bertin S.A. (‘Bertin’, Brazil) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for J&F: family owned holding company, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for J&F: family owned holding company,

| — | for ZMF: investment fund, |
| --- | --- |

—

for ZMF: investment fund,

| — | JBS: manufacture of fresh and processed meat, |
| --- | --- |

—

JBS: manufacture of fresh and processed meat,

| — | Bertin: manufacture of fresh and processed meat. |
| --- | --- |

—

Bertin: manufacture of fresh and processed meat.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5704 — JBS/Bertin, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5704 — JBS/Bertin, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 19.11.2009 | EN | Official Journal of the European Union | C 279/30 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/30

---

Prior notification of a concentration

(Case COMP/M.5708 — KKR/General Atlantic/TASC)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 279/16

| 1. | On 11 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which KKR & Co. L.P. (together with its affiliates, ‘KKR’, USA) and General Atlantic LLC (‘GA’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over TASC Inc. (USA) by way of purchase of shares. |
| --- | --- |

1.

On 11 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which KKR & Co. L.P. (together with its affiliates, ‘KKR’, USA) and General Atlantic LLC (‘GA’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over TASC Inc. (USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | KKR: global alternative asset manager, which offers a broad range of alternative asset management services to public and private market investors and provides capital markets solutions for the firm, its portfolio companies and clients, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

KKR: global alternative asset manager, which offers a broad range of alternative asset management services to public and private market investors and provides capital markets solutions for the firm, its portfolio companies and clients,

| — | GA: general partner of a leading global growth equity firm providing capital and strategic support for growth companies (‘GA Group’), |
| --- | --- |

—

GA: general partner of a leading global growth equity firm providing capital and strategic support for growth companies (‘GA Group’),

| — | TASC: active in the provision of analytical and advisory services to various agencies of the US Government in the field of defense and national security. |
| --- | --- |

—

TASC: active in the provision of analytical and advisory services to various agencies of the US Government in the field of defense and national security.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5708 — KKR/General Atlantic/TASC, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5708 — KKR/General Atlantic/TASC, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---

Corrigenda

| 19.11.2009 | EN | Official Journal of the European Union | C 279/31 |
| --- | --- | --- | --- |

19.11.2009

EN

Official Journal of the European Union

C 279/31

---

Corrigendum to the call for proposals 2010 — EAC/41/09 — Lifelong Learning Programme (LLP)

(
  Official Journal of the European Union C 247 of 15 October 2009
  )

2009/C 279/17

On page 13, point 2 ‘Eligibility’ should read as follows:

‘2.   Eligibility

The Lifelong Learning Programme applies to all types and levels of education and vocational education and training and it is accessible to all the entities listed in Article 4 of the Decision.

Applicants must be established in one of the following countries (1):

| — | the 27 Member States of the European Union, |
| --- | --- |

—

the 27 Member States of the European Union,

| — | the EFTA-EEA countries: Iceland, Liechtenstein, Norway, |
| --- | --- |

—

the EFTA-EEA countries: Iceland, Liechtenstein, Norway,

| — | candidate countries: Turkey. |
| --- | --- |

—

candidate countries: Turkey.

Applicants from Croatia and the former Yugoslav Republic of Macedonia are eligible for the following actions:

| — | Comenius, Grundtvig and Leonardo da Vinci partnerships (Comenius Regio is excluded), |
| --- | --- |

—

Comenius, Grundtvig and Leonardo da Vinci partnerships (Comenius Regio is excluded),

| — | Comenius and Grundtvig in-service training, |
| --- | --- |

—

Comenius and Grundtvig in-service training,

| — | Leonardo da Vinci mobility, |
| --- | --- |

—

Leonardo da Vinci mobility,

| — | Grundtvig visits and exchanges, |
| --- | --- |

—

Grundtvig visits and exchanges,

| — | Erasmus student mobility for studies and placements (including the Erasmus consortium placement certificate), |
| --- | --- |

—

Erasmus student mobility for studies and placements (including the Erasmus consortium placement certificate),

| — | Erasmus staff mobility (teaching assignments and staff training), |
| --- | --- |

—

Erasmus staff mobility (teaching assignments and staff training),

| — | preparatory visits under all sectoral programmes, and |
| --- | --- |

—

preparatory visits under all sectoral programmes, and

| — | study visits under the Key Activity 1 of the Transversal Programme. |
| --- | --- |

—

study visits under the Key Activity 1 of the Transversal Programme.

Please note that under the present call, individual mobility from other countries participating in the Lifelong Learning Programme to Croatia and to the former Yugoslav Republic of Macedonia cannot be funded from the programme funds, except for mobilities within approved Comenius, Grundtvig and Leonardo da Vinci partnerships.

As regards partnerships, applicants from Croatia and the former Yugoslav Republic of Macedonia are eligible only as partner, but not as coordinator of a partnership.

In compliance with Article 14(2) of the Decision establishing the LLP, multilateral projects and networks under Comenius, Erasmus, Leonardo da Vinci, Grundtvig and the key activities of the Transversal Programme are also open to partners from third countries which do not already participate in the Lifelong Learning Programme on the basis of Article 7 of the Decision. Please refer to the LLP Guide 2010 for the details of the actions concerned and the modalities of participation.

---

(1)  Except for the Jean Monnet programme that is open to higher education institutions in the whole world.’.

1

---