# Official Journal C 159/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.159.eng |
| --- | --- |
| Official Journal
  of the European Union | C 159 |
| | |
| English edition | Information and Notices | Volume 5428 May 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.159.eng

Official Journal

of the European Union

C 159

English edition

Information and Notices

Volume 5428 May 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 159/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2011/C 159/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  2
  ) | 5 |
| 2011/C 159/03 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  2
  ) | 8 |
| 2011/C 159/04 | Non-opposition to a notified concentration (Case COMP/M.5047 — REWE/ADEG) (
  2
  ) | 9 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 159/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

2011/C 159/02

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  2
  )

2

5

2011/C 159/03

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  2
  )

2

8

2011/C 159/04

Non-opposition to a notified concentration (Case COMP/M.5047 — REWE/ADEG) (
  2
  )

2

9

| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN CENTRAL BANK |
| | European Central Bank |
| 2011/C 159/05 | Opinion of the European Central Bank of 4 May 2011 on a proposal for a directive of the European Parliament and of the Council amending Directives 2003/71/EC and 2009/138/EC in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority (CON/2011/42) | 10 |

III   Preparatory acts

EUROPEAN CENTRAL BANK

European Central Bank

2011/C 159/05

Opinion of the European Central Bank of 4 May 2011 on a proposal for a directive of the European Parliament and of the Council amending Directives 2003/71/EC and 2009/138/EC in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority (CON/2011/42)

10

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 159/06 | Council Decision of 20 May 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training | 17 |
| | European Commission |
| 2011/C 159/07 | Euro exchange rates | 18 |
| 2011/C 159/08 | Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October 2011 to 31 December 2011 under certain quotas opened by the Community for products in the poultrymeat sector | 19 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 159/09 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 20 |
| 2011/C 159/10 | Publication pursuant to article 6 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions | 22 |
| 2011/C 159/11 | Notification pursuant to Article 114, paragraph 4, 5 and 6 of the TFEU — Authorisation to maintain or introduce national measures being more stringent than provisions of an EU harmonisation measure (
  2
  ) | 23 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 159/06

Council Decision of 20 May 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

17

European Commission

2011/C 159/07

Euro exchange rates

18

2011/C 159/08

Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October 2011 to 31 December 2011 under certain quotas opened by the Community for products in the poultrymeat sector

19

NOTICES FROM MEMBER STATES

2011/C 159/09

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

20

2011/C 159/10

Publication pursuant to article 6 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions

22

2011/C 159/11

Notification pursuant to Article 114, paragraph 4, 5 and 6 of the TFEU — Authorisation to maintain or introduce national measures being more stringent than provisions of an EU harmonisation measure (
  2
  )

2

23

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 159/12 | Prior notification of a concentration (Case COMP/M.6168 — RBI/EFG Eurobank/JV) (
  2
  ) | 26 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 159/12

Prior notification of a concentration (Case COMP/M.6168 — RBI/EFG Eurobank/JV) (
  2
  )

2

26

| | |
| --- | --- |
| | (1)   Text with EEA relevance, except for products falling under Annex I to the Treaty |
| | (2)   Text with EEA relevance |

---

(1)   Text with EEA relevance, except for products falling under Annex I to the Treaty

1

(2)   Text with EEA relevance

2

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 28.5.2011 | EN | Official Journal of the European Union | C 159/1 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance, except for products falling under Annex I to the Treaty)

2011/C 159/01

| Date of adoption of the decision | 2.8.2010 |
| --- | --- |
| Reference number of State Aid | SA.31031 (N 220/10) |
| Member State | Italy |
| Region | Toscana | Article 107(3)(c) |
| Title (and/or name of the beneficiary) | Misura 226 «Ricostituzione del potenziale forestale e interventi preventivi» — Programma di sviluppo rurale della Regione Toscana 2007-2013 |
| Legal basis | Programma di sviluppo rurale 2007-2013 della Regione Toscana [decisione della Commissione delle Comunità europee del 16 ottobre 2007 C(2007) 4664], e modifiche approvate con:






  — | la nota prot. AGRI n. 13555 del 5 giugno 2008; |

Date of adoption of the decision

2.8.2010

Reference number of State Aid

SA.31031 (N 220/10)

Member State

Italy

Region

Toscana

Article 107(3)(c)

Title (and/or name of the beneficiary)

Misura 226 «Ricostituzione del potenziale forestale e interventi preventivi» — Programma di sviluppo rurale della Regione Toscana 2007-2013

Legal basis

Programma di sviluppo rurale 2007-2013 della Regione Toscana [decisione della Commissione delle Comunità europee del 16 ottobre 2007 C(2007) 4664], e modifiche approvate con:

—

la nota prot. AGRI n. 13555 del 5 giugno 2008;

| — | la nota prot. AGRI n. 6502 del 9 marzo 2009; |
| --- | --- |

—

la nota prot. AGRI n. 6502 del 9 marzo 2009;

| — | la nota prot. AGRI n. 154497 del 19 giugno 2009; |
| --- | --- |

—

la nota prot. AGRI n. 154497 del 19 giugno 2009;

| — | la decisione del 31 novembre 2009, C(2009) 9623 |
| --- | --- |

—

la decisione del 31 novembre 2009, C(2009) 9623

Type of measure

Scheme

—

Objective

Forestry

Form of aid

Direct grant

Budget

Overall budget: EUR 36 million

Intensity

100 %

Duration (period)

Until 31.12.2013

Economic sectors

Agriculture, forestry and fishing

Name and address of the granting authority

| Regione Toscana |
| --- |
| Via di Novoli 26 |
| 50127 Firenze FI |
| ITALIA |

Regione Toscana

Via di Novoli 26

50127 Firenze FI

ITALIA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 2.8.2010 |
| --- | --- |
| Reference number of State Aid | SA.31092 (N 250/10) |
| Member State | Italy |
| Region | Toscana | Article 107(3)(c) |
| Title (and/or name of the beneficiary) | Misura 226 «Ricostituzione del potenziale forestale e interventi preventivi» — Programma di sviluppo rurale della Regione Toscana 2007-2013 — Interventi a carattere economico |
| Legal basis | Misura 226 «Ricostituzione del potenziale forestale ed interventi preventivi» del Programma di sviluppo rurale 2007-2013 della Regione Toscana [decisione della Commissione delle Comunità europee del 16 ottobre 2007 C(2007) 4664], e modifiche approvate con:






  — | la nota prot. AGRI n. 13555 del 5 giugno 2008; |

Date of adoption of the decision

2.8.2010

Reference number of State Aid

SA.31092 (N 250/10)

Member State

Italy

Region

Toscana

Article 107(3)(c)

Title (and/or name of the beneficiary)

Misura 226 «Ricostituzione del potenziale forestale e interventi preventivi» — Programma di sviluppo rurale della Regione Toscana 2007-2013 — Interventi a carattere economico

Legal basis

Misura 226 «Ricostituzione del potenziale forestale ed interventi preventivi» del Programma di sviluppo rurale 2007-2013 della Regione Toscana [decisione della Commissione delle Comunità europee del 16 ottobre 2007 C(2007) 4664], e modifiche approvate con:

—

la nota prot. AGRI n. 13555 del 5 giugno 2008;

| — | la nota prot. AGRI n. 6502 del 9 marzo 2009; |
| --- | --- |

—

la nota prot. AGRI n. 6502 del 9 marzo 2009;

| — | la nota prot. AGRI n. 154497 del 19 giugno 2009; |
| --- | --- |

—

la nota prot. AGRI n. 154497 del 19 giugno 2009;

| — | la decisione del 31 novembre 2009, C(2009) 9623 |
| --- | --- |

—

la decisione del 31 novembre 2009, C(2009) 9623

Type of measure

Scheme

—

Objective

Forestry

Form of aid

Direct grant

Budget

| | Overall budget: EUR 6 million |
| --- | --- |

Overall budget: EUR 6 million

| | Annual budget: EUR 2 million |
| --- | --- |

Annual budget: EUR 2 million

Intensity

100 %

Duration (period)

1.1.2011-31.12.2013

Economic sectors

Agriculture, forestry and fishing

Name and address of the granting authority

| Regione Toscana |
| --- |
| Via di Novoli 26 |
| 50127 Firenze FI |
| ITALIA |

Regione Toscana

Via di Novoli 26

50127 Firenze FI

ITALIA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 16.9.2010 |
| --- | --- |
| Reference number of State Aid | SA.31213 (N 295/10) |
| Member State | Spain |
| Region | Andalucia | — |
| Title (and/or name of the beneficiary) | Aides contre la peste de la mouche d'olivier (Andalucia) |
| Legal basis | Orden de 9 de mayo de 2008 por la que se establecen medidas fitosanitarias obligatorias en los Programas Nacionales de control y lucha contra las plagas y se regulan las ayudas para su ejecución. |
| Type of measure | Scheme | — |
| Objective | Plant diseases |
| Form of aid | Direct grant |
| Budget | | Overall budget: EUR 5,40 million |

Date of adoption of the decision

16.9.2010

Reference number of State Aid

SA.31213 (N 295/10)

Member State

Spain

Region

Andalucia

—

Title (and/or name of the beneficiary)

Aides contre la peste de la mouche d'olivier (Andalucia)

Legal basis

Orden de 9 de mayo de 2008 por la que se establecen medidas fitosanitarias obligatorias en los Programas Nacionales de control y lucha contra las plagas y se regulan las ayudas para su ejecución.

Type of measure

Scheme

—

Objective

Plant diseases

Form of aid

Direct grant

Budget

Overall budget: EUR 5,40 million

| | Annual budget: EUR 1,80 million |
| --- | --- |

Annual budget: EUR 1,80 million

Intensity

75 %

Duration (period)

1.1.2011-31.12.2013

Economic sectors

Crop and animal production, hunting and related service activities

Name and address of the granting authority

Junta de Andalucia Consejería de Agricultura y Pesca

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 16.9.2010 |
| --- | --- |
| Reference number of State Aid | SA.31220 (N 300/10) |
| Member State | Spain |
| Region | Andalucia | — |
| Title (and/or name of the beneficiary) | Aides à la lutte contre les mouches méditerranéennes des fruits et contre les insectes vecteurs de maladies virales des cultures horticoles (Andalousie) |
| Legal basis | Orden de 9 de mayo de 2008 por la que se establecen medidas fitosanitarias obligatorias incluidas en los Programas Nacionales de control y lucha contra las plagas y se regulan las ayudas para su ejecución. |
| Type of measure | Scheme | — |
| Objective | Plant diseases |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 25,70 million |
| Intensity | 75 % |
| Duration (period) | 1.1.2011-31.12.2013 |
| Economic sectors | Crop and animal production, hunting and related service activities |
| Name and address of the granting authority | — |
| Other information | — |

Date of adoption of the decision

16.9.2010

Reference number of State Aid

SA.31220 (N 300/10)

Member State

Spain

Region

Andalucia

—

Title (and/or name of the beneficiary)

Aides à la lutte contre les mouches méditerranéennes des fruits et contre les insectes vecteurs de maladies virales des cultures horticoles (Andalousie)

Legal basis

Orden de 9 de mayo de 2008 por la que se establecen medidas fitosanitarias obligatorias incluidas en los Programas Nacionales de control y lucha contra las plagas y se regulan las ayudas para su ejecución.

Type of measure

Scheme

—

Objective

Plant diseases

Form of aid

Direct grant

Budget

Overall budget: EUR 25,70 million

Intensity

75 %

Duration (period)

1.1.2011-31.12.2013

Economic sectors

Crop and animal production, hunting and related service activities

Name and address of the granting authority

—

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---

| 28.5.2011 | EN | Official Journal of the European Union | C 159/5 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/5

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2011/C 159/02

| Date of adoption of the decision | 15.10.2010 |
| --- | --- |
| Reference number of State Aid | N 447/10 |
| Member State | Poland |
| Region | Gdynia, Wrocław |
| Title (and/or name of the beneficiary) | Geoban S.A. Oddział w Polsce |
| Legal basis | 1) | Uchwała Rady Ministrów w sprawie ustanowienia programu wieloletniego pod nazwą: „Wsparcie finansowe inwestycji realizowanej w Gdyni i we Wrocławiu przez Geoban S.A. Oddział w Polsce pod nazwą: Centrum Usług, w latach 2010 i 2011” |

Date of adoption of the decision

15.10.2010

Reference number of State Aid

N 447/10

Member State

Poland

Region

Gdynia, Wrocław

Title (and/or name of the beneficiary)

Geoban S.A. Oddział w Polsce

Legal basis

1)

Uchwała Rady Ministrów w sprawie ustanowienia programu wieloletniego pod nazwą: „Wsparcie finansowe inwestycji realizowanej w Gdyni i we Wrocławiu przez Geoban S.A. Oddział w Polsce pod nazwą: Centrum Usług, w latach 2010 i 2011”

| 2) | Projekt umowy ramowej o udzielenie dotacji celowej pomiędzy Ministrem Gospodarki a Geoban S.A. Oddział w Polsce |
| --- | --- |

2)

Projekt umowy ramowej o udzielenie dotacji celowej pomiędzy Ministrem Gospodarki a Geoban S.A. Oddział w Polsce

| 3) | Artykuł 136 ust. 2 ustawy z dnia 27 sierpnia 2009 r. o finansach publicznych (Dz. U. Nr 157, poz. 1240) |
| --- | --- |

3)

Artykuł 136 ust. 2 ustawy z dnia 27 sierpnia 2009 r. o finansach publicznych (Dz. U. Nr 157, poz. 1240)

Type of measure

Individual aid

Objective

Regional development, employment

Form of aid

Direct grant

Budget

Overall budget: PLN 1,647 million

Intensity

2,51 %

Duration (period)

Until 31.12.2011

Economic sectors

Financial intermediation

Name and address of the granting authority

| Ministerstwo Gospodarki |
| --- |
| Plac Trzech Krzyży 3/5 |
| 00-507 Warszawa |
| POLSKA/POLAND |

Ministerstwo Gospodarki

Plac Trzech Krzyży 3/5

00-507 Warszawa

POLSKA/POLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 10.11.2010 |
| --- | --- |
| Reference number of State Aid | N 487/10 |
| Member State | Ireland |
| Region | — |
| Title (and/or name of the beneficiary) | Extension of the ELG Scheme until June 2011 |
| Legal basis | | The Credit Institutions (Financial Support) Act 2008 |

Date of adoption of the decision

10.11.2010

Reference number of State Aid

N 487/10

Member State

Ireland

Region

—

Title (and/or name of the beneficiary)

Extension of the ELG Scheme until June 2011

Legal basis

The Credit Institutions (Financial Support) Act 2008

| | The Credit Institutions (Eligible Liabilities Guarantee) Scheme 2009 as amended |
| --- | --- |

The Credit Institutions (Eligible Liabilities Guarantee) Scheme 2009 as amended

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee

Budget

[...] (1)

Intensity

—

Duration (period)

1.1.2011-30.6.2011

Economic sectors

Financial intermediation

Name and address of the granting authority

| Department of Finance |
| --- |
| Government Buildings |
| Merrion Street |
| Dublin 2 |
| IRELAND |

Department of Finance

Government Buildings

Merrion Street

Dublin 2

IRELAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 13.1.2011 |
| --- | --- |
| Reference number of State Aid | N 555/10 |
| Member State | Poland |
| Region | Łódź |
| Title (and/or name of the beneficiary) | Nordea Bank AB Oddział w Polsce |
| Legal basis | 1) | Projekt uchwały Rady Ministrów w sprawie ustanowienia programu wieloletniego pod nazwą: „Wsparcie finansowe inwestycji realizowanej przez Nordea Bank AB Oddział w Polsce w Łodzi pod nazwą: Centrum operacyjne, w latach 2010–2013” |

Date of adoption of the decision

13.1.2011

Reference number of State Aid

N 555/10

Member State

Poland

Region

Łódź

Title (and/or name of the beneficiary)

Nordea Bank AB Oddział w Polsce

Legal basis

1)

Projekt uchwały Rady Ministrów w sprawie ustanowienia programu wieloletniego pod nazwą: „Wsparcie finansowe inwestycji realizowanej przez Nordea Bank AB Oddział w Polsce w Łodzi pod nazwą: Centrum operacyjne, w latach 2010–2013”

| 2) | Projekt umowy ramowej o udzielenie dotacji celowej pomiędzy Nordea Bank AB Oddział w Polsce |
| --- | --- |

2)

Projekt umowy ramowej o udzielenie dotacji celowej pomiędzy Nordea Bank AB Oddział w Polsce

| 3) | Artykuł 136 ust. 2 ustawy z dnia 27 sierpnia 2009 r. o finansach publicznych (Dz. U. Nr 157, poz. 1240) |
| --- | --- |

3)

Artykuł 136 ust. 2 ustawy z dnia 27 sierpnia 2009 r. o finansach publicznych (Dz. U. Nr 157, poz. 1240)

Type of measure

Individual aid

Objective

Regional development, employment

Form of aid

Direct grant

Budget

Overall budget: PLN 1,382 million

Intensity

4,25 %

Duration (period)

Until 31.12.2013

Economic sectors

Computer and related activities, Financial intermediation

Name and address of the granting authority

| Ministerstwo Gospodarki |
| --- |
| Plac Trzech Krzyży 3/5 |
| 00-507 Warszawa |
| POLSKA/POLAND |

Ministerstwo Gospodarki

Plac Trzech Krzyży 3/5

00-507 Warszawa

POLSKA/POLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---

(1)  Confidential information.

---

| 28.5.2011 | EN | Official Journal of the European Union | C 159/8 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/8

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2011/C 159/03

| Date of adoption of the decision | 14.4.2011 |
| --- | --- |
| Reference number of State Aid | N 306/09 |
| Member State | Greece |
| Region | — |
| Title (and/or name of the beneficiary) | Αποζημίωση — Δυσμενείς καιρικές συνθήκες- τομέας υδατοκαλλιεργειών |
| Legal basis | Κοινή Υπουργική Απόφαση του Υπουργείου Οικονομίας και Οικονομικών και του Υπουργείου Αγροτικής Ανάπτυξης και Τροφίμων |
| Type of measure | — |
| Objective | Compensation of damage caused by an adverse climatic event in 2008 to the aquaculture sector in a Greek province |
| Form of aid | Direct grant |
| Budget | EUR 2 000 000 |
| Intensity | Maximum of 70 % of value of production lost or of the cost of restoring the damage |
| Duration (period) | Two years |
| Economic sectors | Aquaculture sector |
| Name and address of the granting authority | Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων |
| Αχαρνών 2 |
| 101 76 Αθήνα/Athens |
| ΕΛΛΑΔΑ/GREECE |

Date of adoption of the decision

14.4.2011

Reference number of State Aid

N 306/09

Member State

Greece

Region

—

Title (and/or name of the beneficiary)

Αποζημίωση — Δυσμενείς καιρικές συνθήκες- τομέας υδατοκαλλιεργειών

Legal basis

Κοινή Υπουργική Απόφαση του Υπουργείου Οικονομίας και Οικονομικών και του Υπουργείου Αγροτικής Ανάπτυξης και Τροφίμων

Type of measure

—

Objective

Compensation of damage caused by an adverse climatic event in 2008 to the aquaculture sector in a Greek province

Form of aid

Direct grant

Budget

EUR 2 000 000

Intensity

Maximum of 70 % of value of production lost or of the cost of restoring the damage

Duration (period)

Two years

Economic sectors

Aquaculture sector

Name and address of the granting authority

Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων

Αχαρνών 2

101 76 Αθήνα/Athens

ΕΛΛΑΔΑ/GREECE

Other information

Annual report

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---

| 28.5.2011 | EN | Official Journal of the European Union | C 159/9 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/9

---

Non-opposition to a notified concentration

(Case COMP/M.5047 — REWE/ADEG)

(Text with EEA relevance)

2011/C 159/04

On 29 April 2011, 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 German 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, |
| --- | --- |

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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 32011M5047. EUR-Lex is the on-line access to the European law. |
| --- | --- |

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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M5047. EUR-Lex is the on-line access to the European law.

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III Preparatory acts

EUROPEAN CENTRAL BANK

European Central Bank

| 28.5.2011 | EN | Official Journal of the European Union | C 159/10 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/10

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OPINION OF THE EUROPEAN CENTRAL BANK

of 4 May 2011

on a proposal for a directive of the European Parliament and of the Council amending Directives 2003/71/EC and 2009/138/EC in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority

(CON/2011/42)

2011/C 159/05

Introduction and legal basis

On 2 March 2011 the European Central Bank (ECB) received a request from the Council for an opinion on a proposal for a directive of the European Parliament and of the Council amending Directives 2003/71/EC and 2009/138/EC in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority (1) (hereinafter the ‘proposed directive’).

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the Functioning of the European Union since the proposed directive contains provisions affecting the contribution by the European System of Central Banks (ESCB) to the smooth conduct of policies relating to the prudential supervision of credit institutions and the stability of the financial system, as referred to in Article 127(5) of the Treaty. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

General observations

| 1. | In order for the recently established European System of Financial Supervision to work effectively, changes to Union legislation in the field of operation of the three European Supervisory Authorities (ESAs) (2) and of the European Systemic Risk Board (ESRB) (3) are necessary. In this respect, the proposed directive amending legislation in the insurance and securities sectors — essentially Directive 2009/138/EC (4) and to a more limited extent Directive 2003/71/EC (5) — complements the legal framework already adopted by Directive 2010/78/EU (6). This opinion should therefore be read in conjunction with ECB Opinion CON/2010/23 (7). |
| --- | --- |

1.

In order for the recently established European System of Financial Supervision to work effectively, changes to Union legislation in the field of operation of the three European Supervisory Authorities (ESAs) (2) and of the European Systemic Risk Board (ESRB) (3) are necessary. In this respect, the proposed directive amending legislation in the insurance and securities sectors — essentially Directive 2009/138/EC (4) and to a more limited extent Directive 2003/71/EC (5) — complements the legal framework already adopted by Directive 2010/78/EU (6). This opinion should therefore be read in conjunction with ECB Opinion CON/2010/23 (7).

| 2. | The opinion assesses the proposed directive from a financial stability perspective. The observations and drafting proposals contained in this opinion focus on aspects relevant to supervisory architecture reform, the involvement of the ECB, ESCB and of the ESRB and cooperation and information-sharing arrangements with the ESAs and national competent authorities. It also pays particular attention to the need to ensure where relevant consistent approaches across financial services sectors with a view to ensuring a level playing field and as a tool for supervisory convergence. |
| --- | --- |

2.

The opinion assesses the proposed directive from a financial stability perspective. The observations and drafting proposals contained in this opinion focus on aspects relevant to supervisory architecture reform, the involvement of the ECB, ESCB and of the ESRB and cooperation and information-sharing arrangements with the ESAs and national competent authorities. It also pays particular attention to the need to ensure where relevant consistent approaches across financial services sectors with a view to ensuring a level playing field and as a tool for supervisory convergence.

Specific observations

European Single Rulebook in the financial sector

| 3. | The development of a European single rulebook for all financial institutions in the single market (8), which the ECB fully supports (9), requires (i) an appropriate identification of the relevant areas for delegated and implementing acts, (ii) adequate involvement of ESAs in the preparation of these acts taking into account their technical nature and the need to rely on the highly specialised expertise of supervisory authorities; and (iii) a consistent and coordinated approach across sectors in adopting these implementing measures. |
| --- | --- |

3.

The development of a European single rulebook for all financial institutions in the single market (8), which the ECB fully supports (9), requires (i) an appropriate identification of the relevant areas for delegated and implementing acts, (ii) adequate involvement of ESAs in the preparation of these acts taking into account their technical nature and the need to rely on the highly specialised expertise of supervisory authorities; and (iii) a consistent and coordinated approach across sectors in adopting these implementing measures.

ECB’s advisory role regarding draft delegated and implementing acts

| 4. | Having regard to the importance of the function to be played by delegated and implementing acts adopted under Articles 290 and 291 of the Treaty (10) as a substantial component of the single rulebook, the ECB makes the following observations with regard to the exercise of its own advisory role under Article 127(4) and Article 282(5) of the Treaty.
  First, Commission draft delegated or implementing acts qualify as ‘proposed Union acts’ within the meaning of the first indent of Article 127(4) and Article 282(5) of the Treaty. Both delegated and implementing acts constitute legal acts of the Union. Significantly, the majority of the language versions of Article 282(5) of the Treaty refer to ‘draft’ Union legal acts on which the ECB is required to be consulted (11). Therefore, the scope of the duty to consult the ECB cannot be confined only to those draft acts based on a Commission proposal.
  Second, in the OLAF judgment (12), the Court of Justice clarified that the obligation to consult the ECB is intended ‘essentially to ensure that the legislature adopts the act only when the body has been heard, which, by virtue of the specific functions that it exercises in the Community framework in the area concerned and by virtue of the high degree of expertise that it enjoys, is particularly well placed to play a useful role in the legislative process envisaged’.
  Against this backdrop, in order to deploy the full benefits of the exercise by the ECB of its advisory role, the ECB should be consulted in due time on any draft Union acts, including draft delegated and implementing acts, falling within its fields of competence. The ECB will exercise its advisory role taking into utmost account the timelines for adopting these acts. |
| --- | --- |

4.

Having regard to the importance of the function to be played by delegated and implementing acts adopted under Articles 290 and 291 of the Treaty (10) as a substantial component of the single rulebook, the ECB makes the following observations with regard to the exercise of its own advisory role under Article 127(4) and Article 282(5) of the Treaty.

First, Commission draft delegated or implementing acts qualify as ‘proposed Union acts’ within the meaning of the first indent of Article 127(4) and Article 282(5) of the Treaty. Both delegated and implementing acts constitute legal acts of the Union. Significantly, the majority of the language versions of Article 282(5) of the Treaty refer to ‘draft’ Union legal acts on which the ECB is required to be consulted (11). Therefore, the scope of the duty to consult the ECB cannot be confined only to those draft acts based on a Commission proposal.

Second, in the OLAF judgment (12), the Court of Justice clarified that the obligation to consult the ECB is intended ‘essentially to ensure that the legislature adopts the act only when the body has been heard, which, by virtue of the specific functions that it exercises in the Community framework in the area concerned and by virtue of the high degree of expertise that it enjoys, is particularly well placed to play a useful role in the legislative process envisaged’.

Against this backdrop, in order to deploy the full benefits of the exercise by the ECB of its advisory role, the ECB should be consulted in due time on any draft Union acts, including draft delegated and implementing acts, falling within its fields of competence. The ECB will exercise its advisory role taking into utmost account the timelines for adopting these acts.

Information-sharing arrangements

| 5. | In the context of the general amendments common to most sectoral legislation and necessary for the new authorities to operate, the ECB stresses the importance of ensuring that appropriate gateways for the exchange of information are included in the relevant legislation applicable to the financial sector. The ECB suggests therefore amending Directive 2009/138/EC consistently with the corresponding provisions of Directive 2006/48/EC (13) according to which competent authorities and EIOPA are not prevented from transmitting information to central banks of the ESCB, including the ECB, where appropriate, to other national authorities responsible for overseeing payment systems and to the ESRB when this information is relevant to their respective tasks (14). Appropriate information sharing arrangements should also be established for emergency situations. |
| --- | --- |

5.

In the context of the general amendments common to most sectoral legislation and necessary for the new authorities to operate, the ECB stresses the importance of ensuring that appropriate gateways for the exchange of information are included in the relevant legislation applicable to the financial sector. The ECB suggests therefore amending Directive 2009/138/EC consistently with the corresponding provisions of Directive 2006/48/EC (13) according to which competent authorities and EIOPA are not prevented from transmitting information to central banks of the ESCB, including the ECB, where appropriate, to other national authorities responsible for overseeing payment systems and to the ESRB when this information is relevant to their respective tasks (14). Appropriate information sharing arrangements should also be established for emergency situations.

Convergence across financial services sectors

| 6. | While acknowledging the limited objectives of the proposed directive, the ECB is of the view that the Union legislative framework should be consistent, where appropriate, across the financial services sectors, namely to avoid regulatory arbitrage. For instance, the ECB suggests promoting cross-sectoral convergence in the following:
  6.1.   Treatment of financial holdings in the calculation of own funds: when determining own funds, the ECB is of the view that coherence in the treatment of ‘participations’ in the same sector and across financial services sectors could be increased in order to prevent any regulatory arbitrage between legal entities and/or between entities within a financial conglomerate (15). The ECB recommends in particular further aligning the definition of participation in insurance undertakings and credit institutions in Directive 2006/48/EC (16) and Directive 2009/138/EC (17) and the methods to be used at the group level to deal with the double gearing stemming from cross-sector participations (18). The Sub-Committee on Financial Conglomerates established by the ESAs regulations (19) could play a meaningful role in fostering cross-sectoral convergence.
  6.2.   Addressing financial stability: any pro-cyclicality effects stemming from the implementation of the Solvency II regulatory framework, and, where relevant, the contribution of countercyclical mechanisms to financial stability, including with regard to the illiquidity premium, referred to in the proposed directive, could be further assessed.
  6.3.   Remuneration policies and schemes: in accordance with the objectives of the Commission recommendation (20), the ECB generally welcomes the on-going work on remuneration policies and schemes in the context of the Solvency II implementation measures (21); the internationally agreed high-level principles of remuneration policies developed for banks and corresponding implementation standards (22) should apply to the insurance sector (23), also taking into account its specificities, where relevant.
  6.4.   Credit assessments: under the proposed directive, EIOPA will be entrusted with certain tasks relating to the (i) assessment of the eligibility of external credit assessment institutions (ECAIs) and (ii) the allocation of their credit assessments to an objective scale of credit quality steps (24), in respect of which the Commission will have to adopt detailed criteria under the form of delegated acts (25). While the ECB in principle supports these new tasks entrusted to EIOPA and acknowledges the specificities of each of the financial services sectors, the ECB also notes that the eligibility of ECAIs is already addressed in the context of Directive 2006/48/EC (26) and Regulation (EC) No 1060/2009 (27). Against this backdrop and in view of the cross-sectoral nature of these issues, the ECB therefore suggests, prior to any legislative action, an assessment involving the three ESAs with a view to ensuring consistency and synergies between the relevant Union sectoral legislation, including also possible implementing measures.
  6.5.   Determination of ‘exceptional fall in financial markets’: in case of non-compliance with the Solvency Capital Requirement, an insurance or reinsurance undertaking is requested by the supervisory authority to take the necessary measures within a maximum period of nine months (28). In the event of exceptional fall in financial markets, the supervisory authority may extend this period by an appropriate period of time ‘taking into account all relevant factors’ (29). Under the proposed directive, EIOPA would identify and declare the existence of an event of exceptional fall in financial markets, in respect of which the Commission would adopt delegated acts specifying the procedures to be followed by EIOPA for the determination of the existence of such events and ‘the factors’ to be taken into account, including the maximum ‘appropriate period of time’ (30). The ECB supports the proposed role conferred upon EIOPA to ensure the consistency of approaches across Member States. For the same reason, consulting the ESRB and introducing qualitative and quantitative criteria, methods and requirements to determine such events might also be appropriate.
  Further clarification should be provided of the interplay between the declarations by EIOPA of events of exceptional fall in financial markets, declarations by the Council of emergency situations within the meaning of the ESAs regulations (31) and also measures taken by supervisory authorities in exceptional circumstances in case of further deterioration of the financial situation of the undertaking concerned (32). |
| --- | --- |

6.

While acknowledging the limited objectives of the proposed directive, the ECB is of the view that the Union legislative framework should be consistent, where appropriate, across the financial services sectors, namely to avoid regulatory arbitrage. For instance, the ECB suggests promoting cross-sectoral convergence in the following:

6.1.   Treatment of financial holdings in the calculation of own funds: when determining own funds, the ECB is of the view that coherence in the treatment of ‘participations’ in the same sector and across financial services sectors could be increased in order to prevent any regulatory arbitrage between legal entities and/or between entities within a financial conglomerate (15). The ECB recommends in particular further aligning the definition of participation in insurance undertakings and credit institutions in Directive 2006/48/EC (16) and Directive 2009/138/EC (17) and the methods to be used at the group level to deal with the double gearing stemming from cross-sector participations (18). The Sub-Committee on Financial Conglomerates established by the ESAs regulations (19) could play a meaningful role in fostering cross-sectoral convergence.

6.2.   Addressing financial stability: any pro-cyclicality effects stemming from the implementation of the Solvency II regulatory framework, and, where relevant, the contribution of countercyclical mechanisms to financial stability, including with regard to the illiquidity premium, referred to in the proposed directive, could be further assessed.

6.3.   Remuneration policies and schemes: in accordance with the objectives of the Commission recommendation (20), the ECB generally welcomes the on-going work on remuneration policies and schemes in the context of the Solvency II implementation measures (21); the internationally agreed high-level principles of remuneration policies developed for banks and corresponding implementation standards (22) should apply to the insurance sector (23), also taking into account its specificities, where relevant.

6.4.   Credit assessments: under the proposed directive, EIOPA will be entrusted with certain tasks relating to the (i) assessment of the eligibility of external credit assessment institutions (ECAIs) and (ii) the allocation of their credit assessments to an objective scale of credit quality steps (24), in respect of which the Commission will have to adopt detailed criteria under the form of delegated acts (25). While the ECB in principle supports these new tasks entrusted to EIOPA and acknowledges the specificities of each of the financial services sectors, the ECB also notes that the eligibility of ECAIs is already addressed in the context of Directive 2006/48/EC (26) and Regulation (EC) No 1060/2009 (27). Against this backdrop and in view of the cross-sectoral nature of these issues, the ECB therefore suggests, prior to any legislative action, an assessment involving the three ESAs with a view to ensuring consistency and synergies between the relevant Union sectoral legislation, including also possible implementing measures.

6.5.   Determination of ‘exceptional fall in financial markets’: in case of non-compliance with the Solvency Capital Requirement, an insurance or reinsurance undertaking is requested by the supervisory authority to take the necessary measures within a maximum period of nine months (28). In the event of exceptional fall in financial markets, the supervisory authority may extend this period by an appropriate period of time ‘taking into account all relevant factors’ (29). Under the proposed directive, EIOPA would identify and declare the existence of an event of exceptional fall in financial markets, in respect of which the Commission would adopt delegated acts specifying the procedures to be followed by EIOPA for the determination of the existence of such events and ‘the factors’ to be taken into account, including the maximum ‘appropriate period of time’ (30). The ECB supports the proposed role conferred upon EIOPA to ensure the consistency of approaches across Member States. For the same reason, consulting the ESRB and introducing qualitative and quantitative criteria, methods and requirements to determine such events might also be appropriate.

Further clarification should be provided of the interplay between the declarations by EIOPA of events of exceptional fall in financial markets, declarations by the Council of emergency situations within the meaning of the ESAs regulations (31) and also measures taken by supervisory authorities in exceptional circumstances in case of further deterioration of the financial situation of the undertaking concerned (32).

Transitional provisions

| 7. | While the ECB understands the needs for transitional requirements (33), it might be appropriate to reduce substantially in some instances the 10 year maximum periods foreseen for the adoption of certain transitional provisions to provide the appropriate incentives for timely application of the Solvency II reform (34). As an example and in view of the importance of a consistent approach to ensure quality reporting, the application of the methods and assumptions to be used in the valuation of assets and liabilities should take place within a reasonable timeframe. |
| --- | --- |

7.

While the ECB understands the needs for transitional requirements (33), it might be appropriate to reduce substantially in some instances the 10 year maximum periods foreseen for the adoption of certain transitional provisions to provide the appropriate incentives for timely application of the Solvency II reform (34). As an example and in view of the importance of a consistent approach to ensure quality reporting, the application of the methods and assumptions to be used in the valuation of assets and liabilities should take place within a reasonable timeframe.

Where the ECB recommends that the proposed directive is amended, specific drafting proposals are set out in the Annex accompanied by explanatory text to this effect.

Done at Frankfurt am Main, 4 May 2011.

The President of the ECB

Jean-Claude TRICHET

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(1)  COM(2011) 8 final.

1

(2)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12); Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48); Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84) (hereafter jointly referred to as ‘the ESAs regulations’).

2

(3)  See Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (OJ L 331, 15.12.2010, p. 1) and Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (OJ L 331, 15.12.2010, p. 162).

3

(4)  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II) (recast) (OJ L 335, 17.12.2009, p. 1).

4

(5)  Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64).

5

(6)  Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120).

6

(7)  Opinion CON/2010/23 of 18 March 2010 on a proposal for a Directive of the European Parliament and of the Council amending Directives 1998/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC, and 2009/65/EC in respect of the powers of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority (OJ C 87, 1.4.2010, p. 1).

7

(8)  See, for instance, recital 22 of Regulation (EU) No 1093/2010 and recital 14 of Directive 2010/78/EU.

8

(9)  See, for instance, paragraph 2 of Opinion CON/2009/17 of 5 March 2009 at the request of the Council of the European Union on a proposal for a Directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management (OJ C 93, 22.4.2009, p. 3), paragraph 2 of Opinion CON/2010/5 of 8 January 2010 on three proposals for regulations of the European Parliament and of the Council establishing a European Banking Authority, a European Insurance and Occupational Pensions Authority and a European Securities and Markets Authority (OJ C 13, 20.1.2010, p. 1) and paragraph 1.3.1 of Opinion CON/2010/23.

9

(10)  Articles 290 and 291 of the Treaty belong to Part Six, Chapter 2, Section 1 entitled ‘The legal acts of the Union’.

10

(11)  Article 282(5) of the Treaty refers to draft Union acts in the following language versions: Bulgarian (‘проект на акт на Съюза’); Spanish (‘proyecto de acto de la Unión’); Danish (‘udkast’); German (‘Entwurf für Rechtsakte der Union’); Estonian (‘ettepanekute’); Greek (‘σχέδιο πράξης της Ένωσης’); French (‘projet d'acte de l'Union’); Italian (‘progetto di atto dell'Unione’); Latvian (‘projektiem’); Lithuanian (‘Sąjungos aktų projektų’); Dutch (‘ontwerp van een handeling van de Unie’); Portuguese (‘projectos de acto da União’); Romanian (‘proiect de act al Uniunii’); Slovak (‘navrhovaných aktoch Únie’); Slovenian (‘osnutki aktov Unije’); Finnish (‘esityksistä’); Swedish (‘utkast’). The Irish version reads ‘gniomh Aontais arna bheartu’, which corresponds to the concept of ‘planned’ Union acts.

11

(12)  Case C-11/00 Commission of the European Communities v European Central Bank [2003] ECR I-7147, in particular paragraphs 110 and 111.

12

Commission of the European Communities

European Central Bank

(13)  See Article 49 and Article 130(1) of Directive 2006/48/EC.

13

(14)  See, for instance, paragraphs 13 to 15 of Opinion CON/2009/17 and paragraph 2.2 of Opinion CON/2010/23.

14

(15)  Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).

15

(16)  Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (OJ L 177, 30.6.2006, p. 1). In particular Article 4(10) and Article 57.

16

(17)  See Article 92(1)(b) as amended by the proposed directive, in conjunction with the third subparagraph of Article 212(2).

17

(18)  I.e., for instance, the differences in the definitions of ‘durable link’, ‘significant influence’ with regard to the concept of ‘participation’ or concerning the thresholds for deduction — which vary from 20% in the insurance legislation to 10 % in banking legislation.

18

(19)  See Article 57(1) of the ESAs regulations.

19

(20)  See in particular recital 8 and paragraphs 1.1 and 2.1 of Commission Recommendation of 30 April 2009 on remuneration policies in the financial services sector (OJ L 120, 15.5.2009, p. 22).

20

(21)  See Commission working document (DG Internal Market and Services), Consultation paper on the UCITS depositary function and on the UCITS managers’ remuneration, 14.12.2010, p. 26 (available at: http://ec.europa.eu/internal_market/consultations/docs/2010/ucits/consultation_paper_en.pdf).

21

(22)  See in particular Article 22 of and Annex V to Directive 2006/48/EC and CEBS Guidelines on Remuneration Policies and Practices, 10 December 2010, available at: http://eba.europa.eu/cebs/media/Publications/Standards%20and%20Guidelines/2010/Remuneration/Guidelines.pdf

22

(23)  See CEIOPS’ Advice for Level 2 Implementing Measures on Solvency II: Remuneration Issues, CEIOPS-DOC-51/09, https://eiopa.europa.eu/fileadmin/tx_dam/files/consultations/consultationpapers/CP59/CEIOPS-DOC-51-09%20L2-Advice-Remuneration-Issues.pdf

23

(24)  See Article 2(20) of the proposed directive — new proposed Article 109a(1)(a) of Directive 2009/138/EC.

24

(25)  See recital 18 and Article 2(21) of the proposed directive — new proposed subparagraph (n) of Article 111(1) of Directive 2009/138/EC.

25

(26)  See Articles 81 to 83 of Directive 2006/48/EC as well as its Annex VI, Part 2.

26

(27)  Regulation (EC) No 1060/2009 of 16 September 2009 of the European Parliament and of the Council on credit rating agencies (OJ L 302, 17.11.2009, p. 1).

27

(28)  Article 138 of Directive 2009/138/EC.

28

(29)  Article 138(4) of Directive 2009/138/EC.

29

(30)  Articles 2(30) and 2(31) of the proposed directive.

30

(31)  Article 18 of the ESAs regulations.

31

(32)  Article 138(5) of Directive 2009/138/EC.

32

(33)  Under the proposed directive, the maximum periods for the transitional provisions are set out in Directive 2009/138/EC. However, the actual time periods selected in any delegated act may be shorter (see also recital 30 of the proposed directive).

33

(34)  Article 75 of Directive 2009/138/EC — see Articles 308a(5) and 308b(e) of the proposed directive.

34

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ANNEX

Drafting proposals

| Text proposed by the Commission | Amendments proposed by the ECB (1) |
| --- | --- |
| Amendment 1 |
| Article 2 of the proposed directive
  Amendment to Directive 2009/138/EC, Article 70 |
| [No amendment in the proposed directive] | ‘Article 70
  Transmission of information to central banks, monetary authorities, payment systems overseers and the European Systemic Risk Board

  Without prejudice to this Section, a supervisory authority may transmit information intended for the performance of their tasks to the following:






  1. | central banks of the European System of Central Banks and other bodies with a similar function in their capacity as monetary authorities where this information is relevant to their respective statutory tasks, including the conduct of monetary policy and related liquidity provision, oversight of payments, clearing and securities settlement systems and safeguarding the stability of the financial system; |

Text proposed by the Commission

Amendments proposed by the ECB (1)

Amendment 1

Article 2 of the proposed directive

Amendment to Directive 2009/138/EC, Article 70

[No amendment in the proposed directive]

‘Article 70

Transmission of information to central banks, monetary authorities, payment systems overseers and the European Systemic Risk Board

Without prejudice to this Section, a supervisory authority may transmit information intended for the performance of their tasks to the following:

1.

central banks of the European System of Central Banks and other bodies with a similar function in their capacity as monetary authorities where this information is relevant to their respective statutory tasks, including the conduct of monetary policy and related liquidity provision, oversight of payments, clearing and securities settlement systems and safeguarding the stability of the financial system;

| 2. | where appropriate, other national authorities responsible for overseeing payment systems.; and |
| --- | --- |

2.

where appropriate, other national authorities responsible for overseeing payment systems.; and

| 3. | the European Systemic Risk Board (ESRB), where that information is relevant to its tasks. |
| --- | --- |

3.

the European Systemic Risk Board (ESRB), where that information is relevant to its tasks.

Such authorities or bodies may also communicate to the supervisory authorities such information as they may need for the purposes of Article 67. Information received in this context shall be subject to the provisions on professional secrecy laid down in this Section.

In an emergency situation, including a situation as defined in Article 18 of Regulation (EU) No 1094/2010, Member States shall allow the competent authorities to communicate, without delay, information to the national central banks of the European System of Central Banks where that information is relevant to their statutory tasks including the conduct of monetary policy and related liquidity provision, oversight of payments, clearing and securities settlement systems and safeguarding the stability of the financial system, and to the ESRB, where such information is relevant to its tasks.’

Explanation

Explanation

The amendment aims at aligning the above provisions on exchange of information with the terminology used in the other financial sector directives, also in an emergency situation, and ensuring the ESRB’s access to information from supervisory authorities (see also paragraph 5 of the opinion).

The amendment aims at aligning the above provisions on exchange of information with the terminology used in the other financial sector directives, also in an emergency situation, and ensuring the ESRB’s access to information from supervisory authorities (see also paragraph 5 of the opinion).

Amendment 2

Amendment 2

Article 2(30)(a) of the proposed directive

Amendment to Article 138(4) of Directive 2009/138/EC

‘In the event of an exceptional fall in financial markets, as determined by EIOPA in accordance with this paragraph, the supervisory authority may extend the period set out inthe second sub-paragraph of paragraph 3 by an appropriate period of time taking into account all relevant factors.’

‘In the event of an exceptional fall in financial markets, as determined by EIOPA in consultation with the ESRB in accordance with this paragraph, the supervisory authoritymay extend the period set out in the second sub-paragraph of paragraph 3 by an appropriate period of time taking into account all relevant factors.’

Explanation

Explanation

In view of the possible cross-sectoral systemic implications of such an event, the ESRB should be consulted where appropriate on the determination of the existence of an exceptional fall in financial markets (see paragraph 6.5 of the opinion).

In view of the possible cross-sectoral systemic implications of such an event, the ESRB should be consulted where appropriate on the determination of the existence of an exceptional fall in financial markets (see paragraph 6.5 of the opinion).

Amendment 3

Amendment 3

Article 2(31) of the proposed directive

Amendment to Article 143 of Directive 2009/138/EC

‘1.   The Commission shall adopt delegated acts, in accordance with Article 301a and subject to the conditions of Article 301b and 301c, specifying the procedures to be followed by EIOPA when determining the existence of an exceptional fall in financial markets, and the factors to be taken into account for the purpose of the application of Article 138(4) including the maximum appropriate period of time, expressed in total number of months, which shall be the same for all insurance and reinsurance undertakings as referred to in the first subparagraph of Article 138(4).’

‘1.   The Commission shall adopt delegated acts, in accordance with Article 301a and subject to the conditions of Article 301b and 301c, specifying the procedures to be followed by EIOPA when determining the existence of an exceptional fall in financial markets, and the factors to be taken into account for the purpose of the application of Article 138(4) including the methods, qualitative and quantitative criteria and requirements, the maximum appropriate period of time, expressed in total number of months, which shall be the same for all insurance and reinsurance undertakings as referred to in the first subparagraph of Article 138(4).’

Explanation

Explanation

The purpose of the amendment is to ensure an objective assessment of the determination of the existence of an exceptional fall in financial markets (see paragraph 6.5 of the opinion).

The purpose of the amendment is to ensure an objective assessment of the determination of the existence of an exceptional fall in financial markets (see paragraph 6.5 of the opinion).

Amendment 4

Amendment 4

Article 2(61) of the proposed directive

Amendment to Article 259 of Directive 2009/138/EC (new paragraph 4)

The following paragraph 4 is added:

‘4.   EIOPA shall draw up within [XXX] years following [XXX] a report assessing any pro-cyclicality effects stemming from the implementation of the Solvency II regulatory framework, and, where relevant, the contribution of countercyclical mechanisms to financial stability, including with regard to the illiquidity premium referred to in Article 77a.’

Explanation

Explanation

See paragraph 6.2 of the opinion.

See paragraph 6.2 of the opinion.

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(1)  Bold in the body of the text indicates where the ECB proposes inserting new text. Strikethrough in the body of the text indicates where the ECB proposes deleting text.

1

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 28.5.2011 | EN | Official Journal of the European Union | C 159/17 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/17

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COUNCIL DECISION

of 20 May 2011

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2011/C 159/06

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nomination submitted to the Council by the Commission in the category of Employers’ representatives,

Whereas:

| (1) | By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012. |
| --- | --- |

(1)

By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

| (2) | A member’s seat on the Governing Board of the Centre in the category of Employers’ representatives has become vacant as a result of the resignation of Mr Juan MENÉNDEZ VALDÉS ÁLVAREZ, |
| --- | --- |

(2)

A member’s seat on the Governing Board of the Centre in the category of Employers’ representatives has become vacant as a result of the resignation of Mr Juan MENÉNDEZ VALDÉS ÁLVAREZ,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS:

| SPAIN | Mr Juan Carlos TEJEDA HISADO
  Confederación Española de Organizaciones Empresariales — CEOE |
| --- | --- |

SPAIN

Mr Juan Carlos TEJEDA HISADO

Confederación Española de Organizaciones Empresariales — CEOE

Done at Brussels, 20 May 2011.

For the Council

The President

CZENE A.

---

(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  OJ C 226, 19.9.2009, p. 2.

2

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European Commission

| 28.5.2011 | EN | Official Journal of the European Union | C 159/18 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/18

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Euro exchange rates (1)

27 May 2011

2011/C 159/07

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4265 |
| JPY | Japanese yen | 115,70 |
| DKK | Danish krone | 7,4562 |
| GBP | Pound sterling | 0,86685 |
| SEK | Swedish krona | 8,9108 |
| CHF | Swiss franc | 1,2221 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,7690 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,585 |
| HUF | Hungarian forint | 268,58 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 3,9780 |
| RON | Romanian leu | 4,1320 |
| TRY | Turkish lira | 2,2895 |
| AUD | Australian dollar | 1,3346 |
| CAD | Canadian dollar | 1,3925 |
| HKD | Hong Kong dollar | 11,1002 |
| NZD | New Zealand dollar | 1,7479 |
| SGD | Singapore dollar | 1,7632 |
| KRW | South Korean won | 1 543,57 |
| ZAR | South African rand | 9,8805 |
| CNY | Chinese yuan renminbi | 9,2621 |
| HRK | Croatian kuna | 7,4375 |
| IDR | Indonesian rupiah | 12 224,56 |
| MYR | Malaysian ringgit | 4,3280 |
| PHP | Philippine peso | 61,770 |
| RUB | Russian rouble | 40,0420 |
| THB | Thai baht | 43,323 |
| BRL | Brazilian real | 2,2981 |
| MXN | Mexican peso | 16,6077 |
| INR | Indian rupee | 64,4280 |

Currency

Exchange rate

USD

US dollar

1,4265

JPY

Japanese yen

115,70

DKK

Danish krone

7,4562

GBP

Pound sterling

0,86685

SEK

Swedish krona

8,9108

CHF

Swiss franc

1,2221

ISK

Iceland króna

NOK

Norwegian krone

7,7690

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,585

HUF

Hungarian forint

268,58

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

3,9780

RON

Romanian leu

4,1320

TRY

Turkish lira

2,2895

AUD

Australian dollar

1,3346

CAD

Canadian dollar

1,3925

HKD

Hong Kong dollar

11,1002

NZD

New Zealand dollar

1,7479

SGD

Singapore dollar

1,7632

KRW

South Korean won

1 543,57

ZAR

South African rand

9,8805

CNY

Chinese yuan renminbi

9,2621

HRK

Croatian kuna

7,4375

IDR

Indonesian rupiah

12 224,56

MYR

Malaysian ringgit

4,3280

PHP

Philippine peso

61,770

RUB

Russian rouble

40,0420

THB

Thai baht

43,323

BRL

Brazilian real

2,2981

MXN

Mexican peso

16,6077

INR

Indian rupee

64,4280

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

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| 28.5.2011 | EN | Official Journal of the European Union | C 159/19 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/19

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Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October 2011 to 31 December 2011 under certain quotas opened by the Community for products in the poultrymeat sector

2011/C 159/08

Commission Regulation (EC) No 616/2007 (1) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of April 2011 for the subperiod 1 July to 30 September 2011 are, as regards quotas 09.4212, 09.4214, 09.4217 and 09.4218, for quantities lower than those available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 October to 31 December 2011; they are set out in the Annex to this notice.

---

(1)  OJ L 142, 5.6.2007, p. 3.

(2)  OJ L 238, 1.9.2006, p. 13.

---

ANNEX

| Quota order number | Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October 2011 to 31 December 2011
  (in kg) |
| --- | --- |
| 09.4212 | 27 783 000 |
| 09.4214 | 2 986 100 |
| 09.4217 | 8 313 000 |
| 09.4218 | 3 478 800 |

Quota order number

Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October 2011 to 31 December 2011

(in kg)

09.4212

27 783 000

09.4214

2 986 100

09.4217

8 313 000

09.4218

3 478 800

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NOTICES FROM MEMBER STATES

| 28.5.2011 | EN | Official Journal of the European Union | C 159/20 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/20

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2011/C 159/09

Aid No: SA.32897 (11/XA)

Member State: Italy

Region: Lombardia

Title of aid scheme or name of company receiving an individual aid: Ulteriori misure regionali di sostegno degli allevamenti colpiti da virus della malattia vescicolare dei suini.

Legal basis: Deliberazione Giunta regionale «Ulteriori misure regionali di sostegno degli allevamenti colpiti da virus della malattia vescicolare dei suini»;

L.R. n. 31/2008 (Testo unico leggi agricoltura) articolo 18;

Decreto DG Sanità n. 6929 del 26 giugno 2007;

Decreto DG Sanità n. 9348 del 27 agosto 2007;

Provvedimento DG Sanità prot. H1.2007.0046390, del 29 ottobre 2007, «Malattia vescicolare dei suini — intervento straordinario».

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 1,70 million

Maximum aid intensity: 100 %

Date of implementation: —

Duration of scheme or individual aid award: 20 May 2011-31 December 2012

Objective of aid: Animal diseases (Article 10 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Raising of swine/pigs

Name and address of the granting authority:

| Regione Lombardia |
| --- |
| Piazza Città di Lombardia 1 |
| 20124 Milano MI |
| ITALIA |

Regione Lombardia

Piazza Città di Lombardia 1

20124 Milano MI

ITALIA

Website: http://www.agricoltura.regione.lombardia.it/cs/Satellite?c=Page&childpagename=DG_Agricoltura%2FDGLayout&cid=1213337053885&p=1213337053885&pagename=DG_AGRWrapper

Other information: —

Aid No: SA.33021 (11/XA)

Member State: Italy

Region: Trento

Title of aid scheme or name of company receiving an individual aid: Disciplina relativa alla concessione degli indennizzi per i danni agli allevamenti colpiti da «Micoplasma agalactiae» (Agalassia contagiosa).

Legal basis:

| — | L.P. 28 marzo 2003, n. 4 «Legge provinciale in materia di agricoltura». Capo IX «Eventi calamitosi»; articolo 52 «Altri eventi naturali», |
| --- | --- |

—

L.P. 28 marzo 2003, n. 4 «Legge provinciale in materia di agricoltura». Capo IX «Eventi calamitosi»; articolo 52 «Altri eventi naturali»,

| — | Del. n. 2362 del 15 ottobre 2010, Direttive per l’attuazione del Piano di controllo finalizzato all’eradicazione della Agalassia contagiosa negli allevamenti colpiti da Agalassia, |
| --- | --- |

—

Del. n. 2362 del 15 ottobre 2010, Direttive per l’attuazione del Piano di controllo finalizzato all’eradicazione della Agalassia contagiosa negli allevamenti colpiti da Agalassia,

| — | Del. n. 1001 del 13 maggio 2011: «Disciplina relativa alla concessione degli indennizzi per i danni agli allevamenti colpiti da Agalassia contagiosa». |
| --- | --- |

—

Del. n. 1001 del 13 maggio 2011: «Disciplina relativa alla concessione degli indennizzi per i danni agli allevamenti colpiti da Agalassia contagiosa».

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,20 million

Maximum aid intensity: 90 %

Date of implementation: —

Duration of scheme or individual aid award: 30 May 2011-31 December 2013

Objective of aid: Animal diseases (Article 10 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Crop and animal production, hunting and related service activities, Raising of sheep and goats

Name and address of the granting authority:

| Provincia Autonoma di Trento |
| --- |
| Servizio Aziende agricole e territorio rurale |
| Via G.B. Trener 3 |
| 38121 Trento TN |
| ITALIA |

Provincia Autonoma di Trento

Servizio Aziende agricole e territorio rurale

Via G.B. Trener 3

38121 Trento TN

ITALIA

Website:

| — | http://www.consiglio.provincia.tn.it/banche_dati/codice_provinciale/clex_ricerca_per_campi.it.asp |
| --- | --- |

—

http://www.consiglio.provincia.tn.it/banche_dati/codice_provinciale/clex_ricerca_per_campi.it.asp

| — | http://www.delibere.provincia.tn.it/ricerca_delibere.asp |
| --- | --- |

—

http://www.delibere.provincia.tn.it/ricerca_delibere.asp

Other information: —

Aid No: SA.33027 (11/XA)

Member State: Netherlands

Region: Noord-Limburg

Title of aid scheme or name of company receiving an individual aid: Steun voor Eiwitrijk in het kader van Stimulering Agro-innovatie in Limburg 3 (SAIL 3)

Legal basis: Subsidieverordening Inrichting Landelijk Gebied

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company:

| | Overall amount of the ad hoc aid awarded to the undertaking: EUR 0,01 million |
| --- | --- |

Overall amount of the ad hoc aid awarded to the undertaking: EUR 0,01 million

| | Annual overall amount of the budget planned under the scheme: EUR 0,01 million |
| --- | --- |

Annual overall amount of the budget planned under the scheme: EUR 0,01 million

Maximum aid intensity: 100 %

Date of implementation: —

Duration of scheme or individual aid award: 24 May 2011-31 December 2011

Objective of aid: Technical support (Article 15 of Regulation (EC) No 1857/2006)

Sector(s) concerned: Animal production

Name and address of the granting authority:

| Provincie Limburg |
| --- |
| Postbus 5700 |
| 6202 MA Maastricht |
| NEDERLAND |

Provincie Limburg

Postbus 5700

6202 MA Maastricht

NEDERLAND

Website: http://www.limburg.nl/beleid/europa/kennisgevingen_staatssteun

Other information: —

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| 28.5.2011 | EN | Official Journal of the European Union | C 159/22 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/22

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Publication pursuant to article 6 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions

2011/C 159/10

REQUIREMENT ORDERS IN RELATION TO ANGLO IRISH BANK CORPORATION LIMITED AND IRISH NATIONWIDE BUILDING SOCIETY PURSUANT TO SECTION 50 OF THE CREDIT INSTITUTIONS (STABILISATION) ACT 2010

On 7 April 2011, the Minister for Finance of Ireland (the ‘Minister’) made requirement orders (the ‘Requirement Orders’) in relation to both Anglo Irish Bank Corporation Limited (‘Anglo’) and Irish Nationwide Building Society (‘INBS’) pursuant to section 50 of the Credit Institutions (Stabilisation) Act 2010 (the ‘Act’):

| 1. | requiring Anglo to:






  1.1. | implement in all material respects the high level steps plan for the closure of certain of Anglo’s offices in the United Kingdom of Great Britain and Northern Ireland and Anglo’s branches in Vienna, Düsseldorf and Jersey; |
| --- | --- | --- |

1.

requiring Anglo to:

1.1.

implement in all material respects the high level steps plan for the closure of certain of Anglo’s offices in the United Kingdom of Great Britain and Northern Ireland and Anglo’s branches in Vienna, Düsseldorf and Jersey;

| 1.2. | implement in all material respects the high level steps plan for the disposal of Anglo’s wealth management business; |
| --- | --- |

1.2.

implement in all material respects the high level steps plan for the disposal of Anglo’s wealth management business;

| 1.3. | implement in all material respects the high level steps plan for the acquisition of and/or merger with INBS; and |
| --- | --- |

1.3.

implement in all material respects the high level steps plan for the acquisition of and/or merger with INBS; and

| 1.4. | draw up in conjunction with INBS and the NTMA and, subject to the prior approval of the NTMA, implement in all material respects a high level restructuring and workout steps plan for Anglo and INBS based on the Joint EC Restructuring and Work Out Plan for Anglo and INBS submitted to the European Commission on 31 January 2011 (subject to any variations to such plan as directed and approved by the European Commission); and |
| --- | --- |

1.4.

draw up in conjunction with INBS and the NTMA and, subject to the prior approval of the NTMA, implement in all material respects a high level restructuring and workout steps plan for Anglo and INBS based on the Joint EC Restructuring and Work Out Plan for Anglo and INBS submitted to the European Commission on 31 January 2011 (subject to any variations to such plan as directed and approved by the European Commission); and

| 2. | requiring INBS to:






  2.1. | implement in all material respects the high level steps plan for the acquisition of INBS by Anglo and/or merger with Anglo; and |
| --- | --- | --- |

2.

requiring INBS to:

2.1.

implement in all material respects the high level steps plan for the acquisition of INBS by Anglo and/or merger with Anglo; and

| 2.2. | draw up in conjunction with Anglo and the NTMA and, subject to the prior approval of the NTMA, implement in all material respects a high level steps plan based on the Joint EC Restructuring and Work Out Plan for Anglo and INBS submitted to the European Commission on 31 January 2011 (subject to any variations to such plan as directed and approved by the European Commission), |
| --- | --- |

2.2.

draw up in conjunction with Anglo and the NTMA and, subject to the prior approval of the NTMA, implement in all material respects a high level steps plan based on the Joint EC Restructuring and Work Out Plan for Anglo and INBS submitted to the European Commission on 31 January 2011 (subject to any variations to such plan as directed and approved by the European Commission),

(together, the ‘Requirements’);

| 3. | declaring that the imposition of the Requirements is a reorganisation measure for the purposes of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 (the ‘CIWUD Directive’) and the European Communities (Reorganisation and Winding-Up of Credit Institutions) Regulations 2011 (the ‘2011 Regulations’) and, accordingly, that the Requirements should have full effect in accordance with the CIWUD Directive, the 2011 Regulations and the Act, including, in particular but not limited to, section 61 of the Act; and |
| --- | --- |

3.

declaring that the imposition of the Requirements is a reorganisation measure for the purposes of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 (the ‘CIWUD Directive’) and the European Communities (Reorganisation and Winding-Up of Credit Institutions) Regulations 2011 (the ‘2011 Regulations’) and, accordingly, that the Requirements should have full effect in accordance with the CIWUD Directive, the 2011 Regulations and the Act, including, in particular but not limited to, section 61 of the Act; and

| 4. | declaring that the Requirements shall take effect immediately. |
| --- | --- |

4.

declaring that the Requirements shall take effect immediately.

Pursuant to section 63 of the Act, persons affected by the Requirement orders may apply to the High Court of Ireland, at the Four Courts, Inns Quay, Dublin 7, Ireland, for leave to seek judicial review of a decision under the Act relating to the Requirement orders, within 14 days after the decision is notified to the person concerned, or that person becomes otherwise aware of the decision.

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| 28.5.2011 | EN | Official Journal of the European Union | C 159/23 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/23

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Notification pursuant to Article 114, paragraph 4, 5 and 6 of the TFEU — Authorisation to maintain or introduce national measures being more stringent than provisions of an EU harmonisation measure

(Text with EEA relevance)

2011/C 159/11

| 1. | On 20 January 2011, the German Federal Government requested the Commission, pursuant to Article 114(4) of the Treaty on the Functioning of the European Union, the permission to retain the existing provisions provided in German law for the following five elements: lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substances released from toy material, beyond the date of entry into force of Annex II, Part III, of Directive 2009/48/EC (1) (hereafter ‘the Directive’). |
| --- | --- |

1.

On 20 January 2011, the German Federal Government requested the Commission, pursuant to Article 114(4) of the Treaty on the Functioning of the European Union, the permission to retain the existing provisions provided in German law for the following five elements: lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substances released from toy material, beyond the date of entry into force of Annex II, Part III, of Directive 2009/48/EC (1) (hereafter ‘the Directive’).

| 2. | The German Consumer Goods Ordinance (Bedarfsgegenständeverordnung) sets requirements for nitrosamines and nitrosatable substances. |
| --- | --- |

2.

The German Consumer Goods Ordinance (Bedarfsgegenständeverordnung) sets requirements for nitrosamines and nitrosatable substances.

| 3. | The Consumer Goods Ordinance (Bedarfsgegenständeverordnung) requires that for nitrosamines and nitrosatable substances in toys made of natural or synthetic rubber designed for children under 36 months and intended or likely to be placed in the mouth, the amount released as a result of migration must be so small as not to be laboratory detectable. |
| --- | --- |

3.

The Consumer Goods Ordinance (Bedarfsgegenständeverordnung) requires that for nitrosamines and nitrosatable substances in toys made of natural or synthetic rubber designed for children under 36 months and intended or likely to be placed in the mouth, the amount released as a result of migration must be so small as not to be laboratory detectable.

| 4. | The abovementioned Ordinance currently requires the migration of nitrosamines and nitrosatable substances to be below 0,01 mg/kg for nitrosamines and below 0,1 mg/kg for nitrosatable substances. |
| --- | --- |

4.

The abovementioned Ordinance currently requires the migration of nitrosamines and nitrosatable substances to be below 0,01 mg/kg for nitrosamines and below 0,1 mg/kg for nitrosatable substances.

| 5. | The detailed provisions on nitrosamines and nitrosatable substances are laid down in Annex 4, point 1.b, and Annex 10, point 6, of the Consumer Goods Ordinance (Bedarfsgegenständeverordnung), published on the 23 December 1997, and most recently amended by the Ordinance of 6 March 2007. |
| --- | --- |

5.

The detailed provisions on nitrosamines and nitrosatable substances are laid down in Annex 4, point 1.b, and Annex 10, point 6, of the Consumer Goods Ordinance (Bedarfsgegenständeverordnung), published on the 23 December 1997, and most recently amended by the Ordinance of 6 March 2007.

| 6. | The Second Equipment and Product Safety Act Ordinance (Zweite Verordnung zum Geräte- und Produktsicherheitsgesetz (Verordnung über die Sicherheit von Spielzeug) (2. GPSGV)) concerns in particular the following elements: lead, arsenic, mercury, barium and antimony. The limit values for the abovementioned elements contained in the Second Equipment and Product Safety Act Ordinance (Verordnung über die Sicherheit von Spielzeug — 2. GPSGV) are those laid down in Directive 88/378/EEC (2). The maximum daily bioavailability is 0,7 μg for lead, 0,1 μg for arsenic, 0,5 μg for mercury, 25 μg for barium and 0,2 μg for antimony. |
| --- | --- |

6.

The Second Equipment and Product Safety Act Ordinance (Zweite Verordnung zum Geräte- und Produktsicherheitsgesetz (Verordnung über die Sicherheit von Spielzeug) (2. GPSGV)) concerns in particular the following elements: lead, arsenic, mercury, barium and antimony. The limit values for the abovementioned elements contained in the Second Equipment and Product Safety Act Ordinance (Verordnung über die Sicherheit von Spielzeug — 2. GPSGV) are those laid down in Directive 88/378/EEC (2). The maximum daily bioavailability is 0,7 μg for lead, 0,1 μg for arsenic, 0,5 μg for mercury, 25 μg for barium and 0,2 μg for antimony.

| 7. | The detailed provisions on the abovementioned elements are laid down in paragraph 2 of the Second Equipment and Product Safety Act Ordinance (Verordnung über die Sicherheit von Spielzeug — 2. GPSGV), most recently amended by the Ordinance of 6 March 2007. |
| --- | --- |

7.

The detailed provisions on the abovementioned elements are laid down in paragraph 2 of the Second Equipment and Product Safety Act Ordinance (Verordnung über die Sicherheit von Spielzeug — 2. GPSGV), most recently amended by the Ordinance of 6 March 2007.

| 8. | The Directive lays down rules on the safety of toys and on their free movement in the Community. According to Article 54, Member States shall bring into force national provisions complying with this Directive by 20 January 2011, and they shall apply them as from 20 July 2011. Part III of Annex II of the Directive will be applicable as from 20 July 2013. |
| --- | --- |

8.

The Directive lays down rules on the safety of toys and on their free movement in the Community. According to Article 54, Member States shall bring into force national provisions complying with this Directive by 20 January 2011, and they shall apply them as from 20 July 2011. Part III of Annex II of the Directive will be applicable as from 20 July 2013.

| 9. | The Directive contains, in Annex II, part III, point 8, specific values for nitrosamines and nitrosatable substances. These substances shall be prohibited for use in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth if the migration of the substances is equal to or higher than 0,05 mg/kg for nitrosamines and 1 mg/kg for nitrosatable substances. |
| --- | --- |

9.

The Directive contains, in Annex II, part III, point 8, specific values for nitrosamines and nitrosatable substances. These substances shall be prohibited for use in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth if the migration of the substances is equal to or higher than 0,05 mg/kg for nitrosamines and 1 mg/kg for nitrosatable substances.

| 10. | Point 13 of part III of Annex II of the Directive contains specific migration limits for several elements, including lead, arsenic, mercury, barium and antimony. Three different migration limits exist, related to the type of toy material: dry, brittle, powder-like or pliable toy material, liquid or sticky toy material and scraped-off toy material. The following limits shall not be exceeded: 13,5, 3,4 and 160 mg/kg for lead, 3,8, 0,9 and 47 mg/kg for arsenic, 7,5, 1,9 and 94 mg/kg for mercury, 4 500, 1 125 and 56 000 mg/kg for barium, and 45, 11,3 and 560 mg/kg for antimony. |
| --- | --- |

10.

Point 13 of part III of Annex II of the Directive contains specific migration limits for several elements, including lead, arsenic, mercury, barium and antimony. Three different migration limits exist, related to the type of toy material: dry, brittle, powder-like or pliable toy material, liquid or sticky toy material and scraped-off toy material. The following limits shall not be exceeded: 13,5, 3,4 and 160 mg/kg for lead, 3,8, 0,9 and 47 mg/kg for arsenic, 7,5, 1,9 and 94 mg/kg for mercury, 4 500, 1 125 and 56 000 mg/kg for barium, and 45, 11,3 and 560 mg/kg for antimony.

| 11. | By going further in terms of placing on the market, the current provisions contained in the German Ordinances are therefore more stringent than the legislation that will be applicable at EU level as from 20 July 2013. |
| --- | --- |

11.

By going further in terms of placing on the market, the current provisions contained in the German Ordinances are therefore more stringent than the legislation that will be applicable at EU level as from 20 July 2013.

| 12. | The German Federal Government argues that maintaining the current provisions is necessary in order to protect children's health, which needs appropriate protection from exposure to harmful chemical substances. |
| --- | --- |

12.

The German Federal Government argues that maintaining the current provisions is necessary in order to protect children's health, which needs appropriate protection from exposure to harmful chemical substances.

| 13. | For nitrosamines and nitrosatable substances, the German Federal Government considers that the limits contained in the Directive (0,05 mg/kg for nitrosamines and 1 mg/kg for nitrosatable substances) are appropriate only with regards to balloons. Balloons are only put shortly in the mouth during blowing up, while the contact scenario for other toys made of natural or synthetic rubber designed for children under 36 months and intended or likely to be placed in the mouth is longer. Therefore the exposure to nitrosamines in balloons is less important. For the toys made of natural or synthetic rubber designed for children under 36 months and intended or likely to be placed in the mouth, the limits should be based on the ALARA (as low as reasonably achievable) principle in order to provide an appropriate level of safety. Therefore, the German Federal Government considers that maintaining the detection limits below 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosatable substances will ensure an adequate level of protection for children when using rubber toys intended or likely to be placed in the mouth. |
| --- | --- |

13.

For nitrosamines and nitrosatable substances, the German Federal Government considers that the limits contained in the Directive (0,05 mg/kg for nitrosamines and 1 mg/kg for nitrosatable substances) are appropriate only with regards to balloons. Balloons are only put shortly in the mouth during blowing up, while the contact scenario for other toys made of natural or synthetic rubber designed for children under 36 months and intended or likely to be placed in the mouth is longer. Therefore the exposure to nitrosamines in balloons is less important. For the toys made of natural or synthetic rubber designed for children under 36 months and intended or likely to be placed in the mouth, the limits should be based on the ALARA (as low as reasonably achievable) principle in order to provide an appropriate level of safety. Therefore, the German Federal Government considers that maintaining the detection limits below 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosatable substances will ensure an adequate level of protection for children when using rubber toys intended or likely to be placed in the mouth.

| 14. | With regards to certain elements, the German Federal Government argues that the limits for lead, arsenic, mercury, barium and antimony as established in the Directive are too high and may endanger the health and safety of children. The German authorities are aware that these limits are based on available tolerable daily intakes provided by the scientific community. However, using these tolerable daily intakes resulted in increasing the limits of the abovementioned heavy elements. This increase is considered as unnecessary by the German Federal Government. For lead and arsenic, only the ALARA principle can ensure an appropriate level of protection for children. For mercury, barium and antimony the German Federal Government argues that the lower limits contained in the Second Equipment and Product Safety Act Ordinance (Verordnung über die Sicherheit von Spielzeug — 2. GPSGV) considered as good manufacturing practices, should be maintained in order to ensure a higher level of protection for children. |
| --- | --- |

14.

With regards to certain elements, the German Federal Government argues that the limits for lead, arsenic, mercury, barium and antimony as established in the Directive are too high and may endanger the health and safety of children. The German authorities are aware that these limits are based on available tolerable daily intakes provided by the scientific community. However, using these tolerable daily intakes resulted in increasing the limits of the abovementioned heavy elements. This increase is considered as unnecessary by the German Federal Government. For lead and arsenic, only the ALARA principle can ensure an appropriate level of protection for children. For mercury, barium and antimony the German Federal Government argues that the lower limits contained in the Second Equipment and Product Safety Act Ordinance (Verordnung über die Sicherheit von Spielzeug — 2. GPSGV) considered as good manufacturing practices, should be maintained in order to ensure a higher level of protection for children.

| 15. | The present notification will be assessed in the light of Directive 2009/48/EC and in accordance with Article 114(4) of the TFEU. The Commission has six months to approve or reject the notified measures, during which it shall check that they do not constitute a mean of arbitrary discrimination or a disguised restriction to trade and that they do not create unnecessary and disproportionate barriers to the functioning of the internal market. |
| --- | --- |

15.

The present notification will be assessed in the light of Directive 2009/48/EC and in accordance with Article 114(4) of the TFEU. The Commission has six months to approve or reject the notified measures, during which it shall check that they do not constitute a mean of arbitrary discrimination or a disguised restriction to trade and that they do not create unnecessary and disproportionate barriers to the functioning of the internal market.

| 16. | Any comment on the present notification shall be sent to the Commission within 30 days from the publication of this notice. Any comment submitted after these 30 days will not be taken into account. |
| --- | --- |

16.

Any comment on the present notification shall be sent to the Commission within 30 days from the publication of this notice. Any comment submitted after these 30 days will not be taken into account.

| 17. | Further details about the German notification can be obtained from:





  European Commission |
| --- | --- |
| Directorate-General for Enterprise and Industry |
| DG ENTR. F3 — International Regulatory Agreements and Toys’ Safety |
| Ms Florina-Andreea Pantazi |
| Tel. +32 22975791 |
| E-mail: florina-andreea.pantazi@ec.europa.eu |

17.

Further details about the German notification can be obtained from:

European Commission

Directorate-General for Enterprise and Industry

DG ENTR. F3 — International Regulatory Agreements and Toys’ Safety

Ms Florina-Andreea Pantazi

Tel. +32 22975791

E-mail: florina-andreea.pantazi@ec.europa.eu

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(1)  Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (Text with EEA relevance), OJ L 170, 30.6.2009, p. 1.

(2)  Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys (OJ L 187, 16.7.1988, p. 1).

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 28.5.2011 | EN | Official Journal of the European Union | C 159/26 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 159/26

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Prior notification of a concentration

(Case COMP/M.6168 — RBI/EFG Eurobank/JV)

(Text with EEA relevance)

2011/C 159/12

| 1. | On 20 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Raiffeisen Bank International AG (‘RBI’, Austria) and EFG Eurobank Ergasias S.A. (‘EFG’, Greece) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of, and merge, their respective subsidiaries Raiffeisenbank Polska S.A. (‘RBPL’, Poland), and Polbank EFG, (‘Polbank’, Poland) by way of purchase of shares. |
| --- | --- |

1.

On 20 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Raiffeisen Bank International AG (‘RBI’, Austria) and EFG Eurobank Ergasias S.A. (‘EFG’, Greece) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of, and merge, their respective subsidiaries Raiffeisenbank Polska S.A. (‘RBPL’, Poland), and Polbank EFG, (‘Polbank’, Poland) by way of purchase of shares.

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






  — | for RBI: financial services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for RBI: financial services,

| — | for RBPL: financial services, |
| --- | --- |

—

for RBPL: financial services,

| — | for EFG: financial services, |
| --- | --- |

—

for EFG: financial services,

| — | for Polbank: financial services. |
| --- | --- |

—

for Polbank: financial services.

| 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.6168 — RBI/EFG Eurobank/JV, 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.6168 — RBI/EFG Eurobank/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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