# Official Journal C 292/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.292.eng |
| --- | --- |
| Official Journal
  of the European Union | C 292 |
| | |
| English edition | Information and Notices | Volume 5528 September 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.292.eng

Official Journal

of the European Union

C 292

English edition

Information and Notices

Volume 5528 September 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 292/01 | Euro exchange rates | 1 |
| 2012/C 292/02 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 7 March 2012 concerning a draft decision in Case COMP/39.452 (1) — Mountings for windows and window doors — Rapporteur: France | 2 |
| 2012/C 292/03 | Opinion of the Advisory Committee on restrictive agreements and dominant position at it's meeting of 26 March 2012 concerning a draft decision relating to Case COMP/39.452 (2) — Mountings for windows and window doors — Rapporteur: France | 3 |
| 2012/C 292/04 | Final Report of the Hearing Officer — COMP/39.452 — Mountings for windows and window doors | 4 |
| 2012/C 292/05 | Summary of Commission Decision of 28 March 2012 relating to a proceeding under Article 101 of the Treaty and Article 53 of the EEA Agreement (Case COMP/39.452 — Mountings for windows and window doors) (notified under document C(2012) 2069 final)
   (
  1
  ) | 6 |
| | NOTICES FROM MEMBER STATES |
| 2012/C 292/06 | Information communicated by Member States regarding closure of fisheries | 9 |
| 2012/C 292/07 | Information communicated by Member States regarding closure of fisheries | 9 |
| 2012/C 292/08 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2012/C 292/09 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2012/C 292/10 | Information communicated by Member States regarding closure of fisheries | 11 |
| 2012/C 292/11 | Information communicated by Member States regarding closure of fisheries | 11 |
| 2012/C 292/12 | Information communicated by Member States regarding closure of fisheries | 12 |
| 2012/C 292/13 | Information communicated by Member States regarding closure of fisheries | 12 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 292/01

Euro exchange rates

1

2012/C 292/02

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 7 March 2012 concerning a draft decision in Case COMP/39.452 (1) — Mountings for windows and window doors — Rapporteur: France

2

2012/C 292/03

Opinion of the Advisory Committee on restrictive agreements and dominant position at it's meeting of 26 March 2012 concerning a draft decision relating to Case COMP/39.452 (2) — Mountings for windows and window doors — Rapporteur: France

3

2012/C 292/04

Final Report of the Hearing Officer — COMP/39.452 — Mountings for windows and window doors

4

2012/C 292/05

Summary of Commission Decision of 28 March 2012 relating to a proceeding under Article 101 of the Treaty and Article 53 of the EEA Agreement (Case COMP/39.452 — Mountings for windows and window doors) (notified under document C(2012) 2069 final)
   (
  1
  )

(notified under document C(2012) 2069 final)

1

6

NOTICES FROM MEMBER STATES

2012/C 292/06

Information communicated by Member States regarding closure of fisheries

9

2012/C 292/07

Information communicated by Member States regarding closure of fisheries

9

2012/C 292/08

Information communicated by Member States regarding closure of fisheries

10

2012/C 292/09

Information communicated by Member States regarding closure of fisheries

10

2012/C 292/10

Information communicated by Member States regarding closure of fisheries

11

2012/C 292/11

Information communicated by Member States regarding closure of fisheries

11

2012/C 292/12

Information communicated by Member States regarding closure of fisheries

12

2012/C 292/13

Information communicated by Member States regarding closure of fisheries

12

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2012/C 292/14 | Prior notification of a concentration (Case COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V.) (
  1
  ) | 13 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2012/C 292/14

Prior notification of a concentration (Case COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V.) (
  1
  )

1

13

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

---

(1)   Text with EEA relevance

1

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

EN

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 28.9.2012 | EN | Official Journal of the European Union | C 292/1 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/1

---

Euro exchange rates (1)

27 September 2012

2012/C 292/01

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2874 |
| JPY | Japanese yen | 99,98 |
| DKK | Danish krone | 7,4560 |
| GBP | Pound sterling | 0,79390 |
| SEK | Swedish krona | 8,4500 |
| CHF | Swiss franc | 1,2084 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,3800 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,859 |
| HUF | Hungarian forint | 284,92 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6963 |
| PLN | Polish zloty | 4,1436 |
| RON | Romanian leu | 4,5185 |
| TRY | Turkish lira | 2,3038 |
| AUD | Australian dollar | 1,2354 |
| CAD | Canadian dollar | 1,2658 |
| HKD | Hong Kong dollar | 9,9821 |
| NZD | New Zealand dollar | 1,5534 |
| SGD | Singapore dollar | 1,5812 |
| KRW | South Korean won | 1 437,65 |
| ZAR | South African rand | 10,5499 |
| CNY | Chinese yuan renminbi | 8,1150 |
| HRK | Croatian kuna | 7,4550 |
| IDR | Indonesian rupiah | 12 335,52 |
| MYR | Malaysian ringgit | 3,9604 |
| PHP | Philippine peso | 53,928 |
| RUB | Russian rouble | 40,0350 |
| THB | Thai baht | 39,871 |
| BRL | Brazilian real | 2,6136 |
| MXN | Mexican peso | 16,5225 |
| INR | Indian rupee | 68,3290 |

Currency

Exchange rate

USD

US dollar

1,2874

JPY

Japanese yen

99,98

DKK

Danish krone

7,4560

GBP

Pound sterling

0,79390

SEK

Swedish krona

8,4500

CHF

Swiss franc

1,2084

ISK

Iceland króna

NOK

Norwegian krone

7,3800

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,859

HUF

Hungarian forint

284,92

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6963

PLN

Polish zloty

4,1436

RON

Romanian leu

4,5185

TRY

Turkish lira

2,3038

AUD

Australian dollar

1,2354

CAD

Canadian dollar

1,2658

HKD

Hong Kong dollar

9,9821

NZD

New Zealand dollar

1,5534

SGD

Singapore dollar

1,5812

KRW

South Korean won

1 437,65

ZAR

South African rand

10,5499

CNY

Chinese yuan renminbi

8,1150

HRK

Croatian kuna

7,4550

IDR

Indonesian rupiah

12 335,52

MYR

Malaysian ringgit

3,9604

PHP

Philippine peso

53,928

RUB

Russian rouble

40,0350

THB

Thai baht

39,871

BRL

Brazilian real

2,6136

MXN

Mexican peso

16,5225

INR

Indian rupee

68,3290

---

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

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/2 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/2

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 7 March 2012 concerning a draft decision in Case COMP/39.452 (1) — Mountings for windows and window doors

Rapporteur: France

2012/C 292/02

| 1. | The Advisory Committee agrees with the European Commission's assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee agrees with the European Commission's assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 TFEU and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the sector of mountings for windows and window doors for the time frame in which it existed. |
| --- | --- |

2.

The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the sector of mountings for windows and window doors for the time frame in which it existed.

| 3. | The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object of restricting competition. |
| --- | --- |

3.

The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object of restricting competition.

| 4. | The Advisory Committee agrees with the European Commission's assessment on the duration of the infringement for each addressee. |
| --- | --- |

4.

The Advisory Committee agrees with the European Commission's assessment on the duration of the infringement for each addressee.

| 5. | The Advisory Committee agrees with the European Commission's draft Decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA-agreement. |
| --- | --- |

5.

The Advisory Committee agrees with the European Commission's draft Decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA-agreement.

| 6. | The Advisory Committee agrees with the European Commission's draft Decision as regards the addressees of the Decision, specifically with reference to imputation of liability to parent companies of the groups concerned. |
| --- | --- |

6.

The Advisory Committee agrees with the European Commission's draft Decision as regards the addressees of the Decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 7. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

7.

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

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/3 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/3

---

Opinion of the Advisory Committee on restrictive agreements and dominant position at it's meeting of 26 March 2012 concerning a draft decision relating to Case COMP/39.452 (2) — Mountings for windows and window doors

Rapporteur: France

2012/C 292/03

| 1. | The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

1.

The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.

| 2. | The Advisory Committee agrees with the European Commission on the basic amounts of the fines. |
| --- | --- |

2.

The Advisory Committee agrees with the European Commission on the basic amounts of the fines.

| 3. | The Advisory Committee agrees with the European Commission that there are no aggravating circumstances applicable in this case. |
| --- | --- |

3.

The Advisory Committee agrees with the European Commission that there are no aggravating circumstances applicable in this case.

| 4. | The Advisory Committee agrees with the European Commission on the mitigating circumstances. |
| --- | --- |

4.

The Advisory Committee agrees with the European Commission on the mitigating circumstances.

| 5. | The Advisory Committee agrees with the European Commission on the adaptation of the fines based on point 37 of the 2006 Guidelines on Fines. |
| --- | --- |

5.

The Advisory Committee agrees with the European Commission on the adaptation of the fines based on point 37 of the 2006 Guidelines on Fines.

| 6. | The Advisory Committee agrees with the European Commission on the amounts of reduction of the fines based on the 2006 Leniency Notice. |
| --- | --- |

6.

The Advisory Committee agrees with the European Commission on the amounts of reduction of the fines based on the 2006 Leniency Notice.

| 7. | The Advisory Committee agrees with the European Commission’s assessment on inability to pay. |
| --- | --- |

7.

The Advisory Committee agrees with the European Commission’s assessment on inability to pay.

| 8. | The Advisory Committee agrees with the European Commission on the final amounts of the fines. |
| --- | --- |

8.

The Advisory Committee agrees with the European Commission on the final amounts of the fines.

| 9. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

9.

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

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/4 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/4

---

Final Report of the Hearing Officer (1)

COMP/39.452 — Mountings for windows and window doors

2012/C 292/04

This case concerns a cartel between nine producers of mountings for windows and window doors, the aim of which was to co-ordinate annually price increases on an EEA-wide level between 1999 and 2007.

BACKGROUND

Subsequent to an immunity application under the Leniency Notice from the company Roto Frank AG, unannounced inspections were carried out in July 2007. Following these inspections the Commission received further applications under the Leniency Notice from the undertakings Gretsch-Unitas GmbH and Mayer & Co Beschläge GmbH. The Commission granted conditional immunity to Roto Frank in June 2007.

WRITTEN PROCEDURE

Statement of Objections

Following the above-mentioned leniency applications and a subsequent investigation, the Commission, on 16 June 2010, issued a Statement of Objections (SO) which was addressed to 14 legal entities belonging to nine groups of undertakings (2). In the SO, the Commission reached the preliminary conclusion that the addressees had participated in a single and continuous infringement of Article 101 TFEU and Article 53 of the EEA agreement between 1999 and 2007 by coordinating annual price increases within the EEA. The Commission announced its intention to adopt an infringement decision and impose fines pursuant to Articles 7 and 23 of Regulation (EC) No 1/2003.

Access to file

The addressees received access to the file through a CD-ROM which they received on 5 July 2010. In addition, access to corporate statements was granted at Commission premises.

The parties did not address any issues concerning access to file to me.

Extensions to deadline for reply to SO

The addressees of the SO were originally granted a time period of eight weeks from the receipt of the CD-ROM file to provide their written comments on the SO.

Several parties made requests to me for further extensions, which I partly accepted. Based on the respective parties’ justifications the extensions ranged from one to three additional weeks, the latter extension mainly having been granted to allow for translation of the investigation file, which was largely comprised of documents in a language foreign to the applicant party.

All addressees responded on time.

As Strenger had changed its legal form in September 2010 by way of legal succession and was also renamed, the Commission informed Strenger of the fact that the decision will be addressed to the new entity and granted Strenger the opportunity to submit comments.

ORAL PROCEDURE

Oral Hearing

All undertakings subject to the proceedings exercised their right to he heard in an oral hearing, which took place on 19 October 2010.

THE DRAFT DECISION

Following the addressees’ written and oral submissions, the Commission has retained its objections against all nine groups of undertakings but has dropped its objections against three legal entities, one belonging to each of Maco, Fuhr and Siegenia. With regard to the Italian company AGB, the duration of its infringement has been reduced by approximately eight months and covers only the territory of Italy.

In my opinion the draft Decision relates only to objections in respect of which the parties have been afforded the opportunity to make known their views.

I consider that the right to be heard of all participants to the proceedings has been respected in this case.

Brussels, 26 March 2012.

Michael ALBERS

---

(1)  Pursuant to Article 16 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

1

(2)  Roto Frank AG (Roto), Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge (Gretsch- Unitas), Mayer & Co Beschläge GmbH, Dipl. Ing. Ernst Mayer'sche Privatstiftung (Maco), Siegenia-Aubi KG, Siegenia-Frank Verwaltungs-GmbH, NORAA GmbH (Siegenia), Aug. Winkhaus GmbH & Co. KG (Winkhaus), Hautau GmbH (Hautau), Heinrich Strenger GmbH (Strenger), Carl Fuhr GmbH & Co. KG, Fuhr Beteiligungsgesellschaft mbH (Fuhr), Alban Giacomo SpA (AGB).

2

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/6 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/6

---

Summary of Commission Decision

of 28 March 2012

relating to a proceeding under Article 101 of the Treaty (1) and Article 53 of the EEA Agreement

(Case COMP/39.452 — Mountings for windows and window doors)

(notified under document C(2012) 2069 final)

(Only the German and Italian texts are authentic)

(Text with EEA relevance)

2012/C 292/05

On 28 March 2012, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (2), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decision is addressed to 11 legal entities belonging to 9 undertakings for infringing Article 101 of the Treaty and Article 53 of the EEA Agreement. The parties operated a cartel in which they agreed on common price increases for mountings for windows and window doors. The cartel covered the whole EEA and had an overall duration from November 1999 until July 2007. |
| --- | --- |

(1)

The Decision is addressed to 11 legal entities belonging to 9 undertakings for infringing Article 101 of the Treaty and Article 53 of the EEA Agreement. The parties operated a cartel in which they agreed on common price increases for mountings for windows and window doors. The cartel covered the whole EEA and had an overall duration from November 1999 until July 2007.

2.   CASE DESCRIPTION

2.1.   Procedure

| (2) | The Commission's investigation started with an application for immunity from fines by Roto Frank AG. On 12 June 2007, Roto Frank AG received conditional immunity from fines. |
| --- | --- |

(2)

The Commission's investigation started with an application for immunity from fines by Roto Frank AG. On 12 June 2007, Roto Frank AG received conditional immunity from fines.

| (3) | Inspections took place on 3 and 4 July 2007. |
| --- | --- |

(3)

Inspections took place on 3 and 4 July 2007.

| (4) | In the course of the investigation, the Commission received applications under the Leniency Notice from Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge and from Mayer & Co. Beschläge GmbH. |
| --- | --- |

(4)

In the course of the investigation, the Commission received applications under the Leniency Notice from Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge and from Mayer & Co. Beschläge GmbH.

| (5) | The statement of objections in this case was issued on 16 June 2010. All parties submitted a reply to the statement of objections and exercised their right to be heard by participating at the oral hearing held on 19 October 2010. |
| --- | --- |

(5)

The statement of objections in this case was issued on 16 June 2010. All parties submitted a reply to the statement of objections and exercised their right to be heard by participating at the oral hearing held on 19 October 2010.

| (6) | The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion on 7 and 26 March 2012. |
| --- | --- |

(6)

The Advisory Committee on restrictive practices and dominant positions issued a favourable opinion on 7 and 26 March 2012.

2.2.   Addressees and duration of the infringement

| (7) | The following undertakings infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, during the periods indicated, in the sector for mountings for windows and window doors in the whole EEA:






  (a) | Roto Frank AG, 16 November 1999 until 4 May 2007; |
| --- | --- | --- |

(7)

The following undertakings infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, during the periods indicated, in the sector for mountings for windows and window doors in the whole EEA:

(a)

Roto Frank AG, 16 November 1999 until 4 May 2007;

| (b) | Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge, 16 November 1999 until 3 July 2007; |
| --- | --- |

(b)

Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge, 16 November 1999 until 3 July 2007;

| (c) | Mayer & Co. Beschläge GmbH, 15 December 1999 until 3 July 2007; |
| --- | --- |

(c)

Mayer & Co. Beschläge GmbH, 15 December 1999 until 3 July 2007;

| (d) | Siegenia-Aubi KG, NORAA GmbH, 16 November 1999 until 3 July 2007; |
| --- | --- |

(d)

Siegenia-Aubi KG, NORAA GmbH, 16 November 1999 until 3 July 2007;

| (e) | Aug. Winkhaus GmbH & Co. KG, 16 November 1999 until 3 July 2007; |
| --- | --- |

(e)

Aug. Winkhaus GmbH & Co. KG, 16 November 1999 until 3 July 2007;

| (f) | HAUTAU GmbH, 16 November 1999 until 3 July 2007; |
| --- | --- |

(f)

HAUTAU GmbH, 16 November 1999 until 3 July 2007;

| (g) | CARL FUHR GmbH & Co. KG, 17 November 2004 until 3 July 2007; |
| --- | --- |

(g)

CARL FUHR GmbH & Co. KG, 17 November 2004 until 3 July 2007;

| (h) | Heinrich Strenger GmbH & Co. KG, 16 November 1999 until 3 July 2007. |
| --- | --- |

(h)

Heinrich Strenger GmbH & Co. KG, 16 November 1999 until 3 July 2007.

| (8) | Alban Giacomo SpA infringed Article 101 of the Treaty and Article 53 of the EEA Agreement from 27 May 2004 to 3 July 2007 in the sector of mountings for windows and window doors in Italy. |
| --- | --- |

(8)

Alban Giacomo SpA infringed Article 101 of the Treaty and Article 53 of the EEA Agreement from 27 May 2004 to 3 July 2007 in the sector of mountings for windows and window doors in Italy.

2.3.   Summary of the infringement

| (9) | The Decision concerns a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement aiming at restricting price competition in the sector of mountings for windows and window doors in the EEA. Mountings are the mechanical parts which attach the window wing to the window frame and which enable the closing and opening of the window. |
| --- | --- |

(9)

The Decision concerns a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement aiming at restricting price competition in the sector of mountings for windows and window doors in the EEA. Mountings are the mechanical parts which attach the window wing to the window frame and which enable the closing and opening of the window.

| (10) | At the occasion of meetings of associations in Germany in November of each year the parties regularly agreed to increase prices by coordinating the amount (percentage or percentage range) and date of the envisaged price increase. There was a common understanding that the price increase agreed for Germany at these meetings was to be applied in the entire EEA, with adaptations to the specific situation of each country to the extent necessary. In addition to the main meetings in Germany in November, regional representatives met to discuss the application of the agreed price increase to their respective territory. |
| --- | --- |

(10)

At the occasion of meetings of associations in Germany in November of each year the parties regularly agreed to increase prices by coordinating the amount (percentage or percentage range) and date of the envisaged price increase. There was a common understanding that the price increase agreed for Germany at these meetings was to be applied in the entire EEA, with adaptations to the specific situation of each country to the extent necessary. In addition to the main meetings in Germany in November, regional representatives met to discuss the application of the agreed price increase to their respective territory.

3.   REMEDIES

| (11) | The Decision applies the 2006 Fines Guidelines (3). With the exception of Roto Frank AG, the Decision imposes fines on all companies listed under point 7 above. |
| --- | --- |

(11)

The Decision applies the 2006 Fines Guidelines (3). With the exception of Roto Frank AG, the Decision imposes fines on all companies listed under point 7 above.

3.1.   Basic amount of the fine

| (12) | The basic amount of the fine is set at 16 % of the undertakings' sales of mountings for windows and window doors in the EEA in the year 2006. Only for Alban Giacomo SpA, the basic amount of the fine is set at 15 % of the undertaking's sales of mountings for windows and window doors in Italy in the year 2006. |
| --- | --- |

(12)

The basic amount of the fine is set at 16 % of the undertakings' sales of mountings for windows and window doors in the EEA in the year 2006. Only for Alban Giacomo SpA, the basic amount of the fine is set at 15 % of the undertaking's sales of mountings for windows and window doors in Italy in the year 2006.

| (13) | For each party the basic amount is multiplied by the number of years of its participation in the infringement. The parties' individual duration of the infringement is the following:







  (a) | Roto Frank AG: | 7 years, 5 months; |
| --- | --- | --- | --- |
| (b) | Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge: | 7 years, 7 months; |
| (c) | Mayer & Co. Beschläge GmbH: | 7 years, 6 months; |
| (d) | Siegenia-Aubi KG, NORAA GmbH: | 7 years, 7 months; |
| (e) | Aug. Winkhaus GmbH & Co. KG: | 7 years, 7 months; |
| (f) | HAUTAU GmbH: | 7 years, 7 months; |
| (g) | CARL FUHR GmbH & Co. KG: | 2 years, 7 months; |
| (h) | Heinrich Strenger GmbH & Co. KG: | 7 years, 7 months; |
| (i) | Alban Giacomo SpA: | 3 years, 1 month. |

(13)

For each party the basic amount is multiplied by the number of years of its participation in the infringement. The parties' individual duration of the infringement is the following:

(a)

Roto Frank AG:

7 years, 5 months;

(b)

Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge:

7 years, 7 months;

(c)

Mayer & Co. Beschläge GmbH:

7 years, 6 months;

(d)

Siegenia-Aubi KG, NORAA GmbH:

7 years, 7 months;

(e)

Aug. Winkhaus GmbH & Co. KG:

7 years, 7 months;

(f)

HAUTAU GmbH:

7 years, 7 months;

(g)

CARL FUHR GmbH & Co. KG:

2 years, 7 months;

(h)

Heinrich Strenger GmbH & Co. KG:

7 years, 7 months;

(i)

Alban Giacomo SpA:

3 years, 1 month.

3.2.   Adjustments to the basic amount

| (14) | No aggravating circumstances have been identified in this case. Aug. Winkhaus GmbH & Co. KG was granted a reduction of 5 % of the basic amount of the fine as a mitigating circumstance because it effectively cooperated with the Commission outside the scope of the Leniency Notice. |
| --- | --- |

(14)

No aggravating circumstances have been identified in this case. Aug. Winkhaus GmbH & Co. KG was granted a reduction of 5 % of the basic amount of the fine as a mitigating circumstance because it effectively cooperated with the Commission outside the scope of the Leniency Notice.

3.3.   Application of point 37 of the 2006 Fines Guidelines

| (15) | In view of the specific circumstances of this case, the Commission exercised its discretion in accordance with point 37 of the 2006 Fines Guidelines and adapted the fines in a way that takes into account the proportion of the sales of the cartelised product in the total turnover and the differences between the parties in view of their individual participation in the infringement. |
| --- | --- |

(15)

In view of the specific circumstances of this case, the Commission exercised its discretion in accordance with point 37 of the 2006 Fines Guidelines and adapted the fines in a way that takes into account the proportion of the sales of the cartelised product in the total turnover and the differences between the parties in view of their individual participation in the infringement.

3.4.   Application of the 10 % turnover limit

| (16) | The final amounts of the fines prior to the application of the 2006 Leniency Notice are below 10 % of the worldwide turnover for all parties. |
| --- | --- |

(16)

The final amounts of the fines prior to the application of the 2006 Leniency Notice are below 10 % of the worldwide turnover for all parties.

3.5.   Application of the 2006 Leniency Notice

| (17) | Roto Frank AG was the first undertaking to submit evidence which enabled the Commission to carry out a targeted inspection. The fine to be imposed on it was reduced by 100 %. |
| --- | --- |

(17)

Roto Frank AG was the first undertaking to submit evidence which enabled the Commission to carry out a targeted inspection. The fine to be imposed on it was reduced by 100 %.

| (18) | The fine to be imposed on Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge was reduced by 45 %. |
| --- | --- |

(18)

The fine to be imposed on Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge was reduced by 45 %.

| (19) | Mayer & Co. Beschläge GmbH was granted a 25 % reduction. |
| --- | --- |

(19)

Mayer & Co. Beschläge GmbH was granted a 25 % reduction.

3.6.   Inability to pay

| (20) | One undertaking invoked its inability to pay under point 35 of the 2006 Fines Guidelines. The Commission carefully analysed the financial situation of the undertaking and the specific social and economic context. As a result of the Commission's analysis, the fine of this undertaking was reduced by 45 % given its difficult financial situation. |
| --- | --- |

(20)

One undertaking invoked its inability to pay under point 35 of the 2006 Fines Guidelines. The Commission carefully analysed the financial situation of the undertaking and the specific social and economic context. As a result of the Commission's analysis, the fine of this undertaking was reduced by 45 % given its difficult financial situation.

4.   FINES IMPOSED BY THE DECISION

| (21) | For the abovementioned infringement the following fines are imposed:







  (a) | Roto Frank AG: | EUR 0; |
| --- | --- | --- | --- |
| (b) | Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge, jointly and severally: | EUR 20 552 000; |
| (c) | Mayer & Co. Beschläge GmbH: | EUR 18 501 000; |
| (d) | Siegenia-Aubi KG, NORAA GmbH, jointly and severally: | EUR 18 995 000; |
| (e) | Aug. Winkhaus GmbH & Co. KG: | EUR 19 537 000; |
| (f) | HAUTAU GmbH: | EUR 3 179 000; |
| (g) | CARL FUHR GmbH & Co. KG: | EUR 2 215 000; |
| (h) | Heinrich Strenger GmbH & Co. KG: | EUR 104 000; |
| (i) | Alban Giacomo SpA: | EUR 2 793 000. |

(21)

For the abovementioned infringement the following fines are imposed:

(a)

Roto Frank AG:

EUR 0;

(b)

Gretsch-Unitas GmbH, Gretsch-Unitas GmbH Baubeschläge, jointly and severally:

EUR 20 552 000;

(c)

Mayer & Co. Beschläge GmbH:

EUR 18 501 000;

(d)

Siegenia-Aubi KG, NORAA GmbH, jointly and severally:

EUR 18 995 000;

(e)

Aug. Winkhaus GmbH & Co. KG:

EUR 19 537 000;

(f)

HAUTAU GmbH:

EUR 3 179 000;

(g)

CARL FUHR GmbH & Co. KG:

EUR 2 215 000;

(h)

Heinrich Strenger GmbH & Co. KG:

EUR 104 000;

(i)

Alban Giacomo SpA:

EUR 2 793 000.

---

(1)  With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102, respectively, of the Treaty on the Functioning of the European Union (‘the Treaty’). The two sets of provisions are, in substance, identical. References to Articles 101 and 102 of the Treaty should be understood as references to Articles 81 and 82, respectively, of the EC Treaty where appropriate.

(2)  OJ L 1, 4.1.2003, p. 1.

(3)  OJ C 210, 1.9.2006, p. 2.

---

NOTICES FROM MEMBER STATES

| 28.9.2012 | EN | Official Journal of the European Union | C 292/9 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/9

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/06

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

| Date and time of closure | 31.8.2012 |
| --- | --- |
| Duration | 31.8.2012-31.12.2012 |
| Member State | Germany |
| Stock or group of stocks | RED/N3M |
| Species | Redfish (Sebastes spp.) |
| Zone | NAFO 3M |
| Type(s) of fishing vessels | — |
| Reference number | FS37TQ44 |

Date and time of closure

31.8.2012

Duration

31.8.2012-31.12.2012

Member State

Germany

Stock or group of stocks

RED/N3M

Species

Redfish (Sebastes spp.)

Zone

NAFO 3M

Type(s) of fishing vessels

—

Reference number

FS37TQ44

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/9 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/9

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/07

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

| Date and time of closure | 21.8.2012 |
| --- | --- |
| Duration | 21.8.2012-31.12.2012 |
| Member State | Portugal |
| Stock or group of stocks | RED/N3M |
| Species | Redfish (Sebastes spp.) |
| Zone | NAFO 3M |
| Type(s) of fishing vessels | — |
| Reference number | FS38TQ44 |

Date and time of closure

21.8.2012

Duration

21.8.2012-31.12.2012

Member State

Portugal

Stock or group of stocks

RED/N3M

Species

Redfish (Sebastes spp.)

Zone

NAFO 3M

Type(s) of fishing vessels

—

Reference number

FS38TQ44

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/10 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/10

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/08

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

| Date and time of closure | 3.9.2012 |
| --- | --- |
| Duration | 3.9.2012-31.12.2012 |
| Member State | Sweden |
| Stock or group of stocks | COD/2A3AX4 |
| Species | Cod (Gadus Morhua) |
| Zone | IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat |
| Type(s) of fishing vessels | — |
| Reference number | FS39TQ44 |

Date and time of closure

3.9.2012

Duration

3.9.2012-31.12.2012

Member State

Sweden

Stock or group of stocks

COD/2A3AX4

Species

Cod (Gadus Morhua)

Zone

IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat

Type(s) of fishing vessels

—

Reference number

FS39TQ44

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/10 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/10

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/09

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

| Date and time of closure | 21.8.2012 |
| --- | --- |
| Duration | 21.8.2012-31.12.2012 |
| Member State | Portugal |
| Stock or group of stocks | COD/1N2AB. |
| Species | Cod (Gadus morhua) |
| Zone | Norwegian waters of I and II |
| Type(s) of fishing vessels | — |
| Reference number | FS40TQ44 |

Date and time of closure

21.8.2012

Duration

21.8.2012-31.12.2012

Member State

Portugal

Stock or group of stocks

COD/1N2AB.

Species

Cod (Gadus morhua)

Zone

Norwegian waters of I and II

Type(s) of fishing vessels

—

Reference number

FS40TQ44

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/11 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/11

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/10

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

| Date and time of closure | 21.8.2012 |
| --- | --- |
| Duration | 21.8.2012-31.12.2012 |
| Member State | Portugal |
| Stock or group of stocks | HAD/1N2AB. |
| Species | Haddock (Melanogrammus aeglefinus) |
| Zone | Norwegian waters of I and II |
| Type(s) of fishing vessels | — |
| Reference number | FS41TQ44 |

Date and time of closure

21.8.2012

Duration

21.8.2012-31.12.2012

Member State

Portugal

Stock or group of stocks

HAD/1N2AB.

Species

Haddock (Melanogrammus aeglefinus)

Zone

Norwegian waters of I and II

Type(s) of fishing vessels

—

Reference number

FS41TQ44

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/11 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/11

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/11

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

| Date and time of closure | 21.8.2012 |
| --- | --- |
| Duration | 21.8.2012-31.12.2012 |
| Member State | Portugal |
| Stock or group of stocks | POK/1N2AB. |
| Species | Saithe (Pollachius virens) |
| Zone | Norwegian waters of I and II |
| Type(s) of fishing vessels | — |
| Reference number | FS42TQ44 |

Date and time of closure

21.8.2012

Duration

21.8.2012-31.12.2012

Member State

Portugal

Stock or group of stocks

POK/1N2AB.

Species

Saithe (Pollachius virens)

Zone

Norwegian waters of I and II

Type(s) of fishing vessels

—

Reference number

FS42TQ44

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/12 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/12

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/12

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

| Date and time of closure | 30.8.2012 |
| --- | --- |
| Duration | 30.8.2012-31.12.2012 |
| Member State | Denmark |
| Stock or group of stocks | LEZ/2AC4-C |
| Species | Megrims (Lepidorhombus spp.) |
| Zone | EU waters of IIa and IV |
| Type(s) of fishing vessels | — |
| Reference number | FS43TQ43 |

Date and time of closure

30.8.2012

Duration

30.8.2012-31.12.2012

Member State

Denmark

Stock or group of stocks

LEZ/2AC4-C

Species

Megrims (Lepidorhombus spp.)

Zone

EU waters of IIa and IV

Type(s) of fishing vessels

—

Reference number

FS43TQ43

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

| 28.9.2012 | EN | Official Journal of the European Union | C 292/12 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/12

---

Information communicated by Member States regarding closure of fisheries

2012/C 292/13

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

| Date and time of closure | 7.9.2012 |
| --- | --- |
| Duration | 7.9.2012-31.12.2012 |
| Member State | Belgium |
| Stock or group of stocks | HAD/7X7A34 |
| Species | Haddock (Melanogrammus aeglefinus) |
| Zone | VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 |
| Type(s) of fishing vessels | — |
| Reference number | FS45TQ43 |

Date and time of closure

7.9.2012

Duration

7.9.2012-31.12.2012

Member State

Belgium

Stock or group of stocks

HAD/7X7A34

Species

Haddock (Melanogrammus aeglefinus)

Zone

VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1

Type(s) of fishing vessels

—

Reference number

FS45TQ43

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 28.9.2012 | EN | Official Journal of the European Union | C 292/13 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

C 292/13

---

Prior notification of a concentration

(Case COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V.)

(Text with EEA relevance)

2012/C 292/14

| 1. | On 19 September 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Tech Data Europe GmbH (‘Tech Data Europe’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertakings Specialist Distribution Group Limited (United Kingdom) and its wholly-owned subsidiary ISI Distribution Ltd (United Kingdom), ETC Metrologie Sarl (France), ETC Africa SAS (France), Best’Ware France SA (France), SDG B.V. (The Netherlands) and its wholly-owned subsidiary ETC B.V. (The Netherlands), by way of purchase of shares. |
| --- | --- |

1.

On 19 September 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Tech Data Europe GmbH (‘Tech Data Europe’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertakings Specialist Distribution Group Limited (United Kingdom) and its wholly-owned subsidiary ISI Distribution Ltd (United Kingdom), ETC Metrologie Sarl (France), ETC Africa SAS (France), Best’Ware France SA (France), SDG B.V. (The Netherlands) and its wholly-owned subsidiary ETC B.V. (The Netherlands), by way of purchase of shares.

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






  — | Tech Data Europe: wholesale distribution of electronic products, in particular IT products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Tech Data Europe: wholesale distribution of electronic products, in particular IT products,

| — | Specialist Distribution Group Limited and ISI Distribution Ltd: wholesale distribution of IT products in the United Kingdom, |
| --- | --- |

—

Specialist Distribution Group Limited and ISI Distribution Ltd: wholesale distribution of IT products in the United Kingdom,

| — | ETC Metrologie Sarl and Best’Ware France SA: wholesale distribution of IT products in France, |
| --- | --- |

—

ETC Metrologie Sarl and Best’Ware France SA: wholesale distribution of IT products in France,

| — | ETC Africa SAS: wholesale distribution of IT products in Africa, |
| --- | --- |

—

ETC Africa SAS: wholesale distribution of IT products in Africa,

| — | SDG B.V. and ETC B.V.: wholesale distribution of IT products in the Netherlands. |
| --- | --- |

—

SDG B.V. and ETC B.V.: wholesale distribution of IT products in the Netherlands.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V., to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V., to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

---