# Official Journal C 73/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.073.eng |
| --- | --- |
| Official Journal
  of the European Union | C 73 |
| | |
| English edition | Information and Notices | Volume 5613 March 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.073.eng

Official Journal

of the European Union

C 73

English edition

Information and Notices

Volume 5613 March 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 073/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2013/C 073/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  2
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 073/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

2013/C 073/02

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

2

3

| | III   Preparatory acts |
| --- | --- |
| | European Central Bank |
| 2013/C 073/03 | Opinion of the European Central Bank of 19 October 2012 on a proposal for a Commission regulation amending Regulation (EC) No 2214/96 concerning harmonised indices of consumer prices (HICP): transmission and dissemination of sub-indices of the HICP, as regards establishing harmonised indices of consumer prices at constant tax rates and on a proposal for a Commission regulation laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices (CON/2012/77) | 5 |

III   Preparatory acts

European Central Bank

2013/C 073/03

Opinion of the European Central Bank of 19 October 2012 on a proposal for a Commission regulation amending Regulation (EC) No 2214/96 concerning harmonised indices of consumer prices (HICP): transmission and dissemination of sub-indices of the HICP, as regards establishing harmonised indices of consumer prices at constant tax rates and on a proposal for a Commission regulation laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices (CON/2012/77)

5

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 073/04 | Euro exchange rates | 13 |
| 2013/C 073/05 | Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 27 November 2012 regarding a draft decision relating to Case COMP/39.847 — E-BOOKS — Rapporteur: Lithuania | 14 |
| 2013/C 073/06 | Final Report of the Hearing Officer — COMP/39.847 — E-BOOKS | 15 |
| 2013/C 073/07 | Summary of Commission Decision of 12 December 2012 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case COMP/39.847 — E-BOOKS) (notified under document C(2012) 9288) | 17 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 073/04

Euro exchange rates

13

2013/C 073/05

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 27 November 2012 regarding a draft decision relating to Case COMP/39.847 — E-BOOKS — Rapporteur: Lithuania

14

2013/C 073/06

Final Report of the Hearing Officer — COMP/39.847 — E-BOOKS

15

2013/C 073/07

Summary of Commission Decision of 12 December 2012 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case COMP/39.847 — E-BOOKS) (notified under document C(2012) 9288)

(notified under document C(2012) 9288)

17

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2013/C 073/08 | Hercule II — Call for proposals — Training, seminars and conferences — Legal part | 21 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2013/C 073/08

Hercule II — Call for proposals — Training, seminars and conferences — Legal part

21

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

---

(1)   Text with EEA relevance

1

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

2

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.3.2013 | EN | Official Journal of the European Union | C 73/1 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/1

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 73/01

| Date of adoption of the decision | 7.11.2012 |
| --- | --- |
| Reference number of State Aid | SA.34576 (12/N) |
| Member State | Portugal |
| Region | Alto Trás-os-Montes |
| Title (and/or name of the beneficiary) | Unidade de cuidados continuados Jean Piaget/Nordeste |
| Legal basis | Texto do Programa Operacional Temático Valorização do Território
  Endereço http://www.povt.qren.pt/cs2.asp?idcat=1120; Regulamento Geral FEDER e Fundo de Coesão (documento normativo sobre as modalidades de aplicação a Portugal dos fundos FEDER e Fundo de Coesão), em coerência com as disposições regulamentares comunitárias aplicáveis);
  Texto do Programa Operacional Temático Valorização do Território
  Endereço http://www.povt.qren.pt/cs2.asp?idcat=1120 — Regulamento Geral FEDER e Fundo de Coesão (documento normativo sobre as modalidades de aplicação a Portugal dos fundos FEDER e Fundo de Coesão), em coerência com as disposições regulamentares comunitárias aplicáveis); Regulamento Específico para o Domínio dos «Equipamentos Estruturantes do Sistema Urbano Nacional» (estabelece as condições de acesso e as regras gerais de atribuição de co-financiamento comunitário do FEDER às operações apresentadas no âmbito deste domínio de intervenção). |
| Type of measure | Individual aid |
| Objective | Regional development |
| Form of aid | — |
| Budget | Overall budget: EUR 1,897 million |
| Intensity | Measure does not constitute aid |
| Duration (period) | — |
| Economic sectors | Service activities |
| Name and address of the granting authority | Programa Operacional Temático Valorização do Território |
| Av. D. João II, Lote 1.07.2.1 — 2.o |
| 1998-014 Lisboa |
| PORTUGAL |

Date of adoption of the decision

7.11.2012

Reference number of State Aid

SA.34576 (12/N)

Member State

Portugal

Region

Alto Trás-os-Montes

Title (and/or name of the beneficiary)

Unidade de cuidados continuados Jean Piaget/Nordeste

Legal basis

Texto do Programa Operacional Temático Valorização do Território

Endereço http://www.povt.qren.pt/cs2.asp?idcat=1120; Regulamento Geral FEDER e Fundo de Coesão (documento normativo sobre as modalidades de aplicação a Portugal dos fundos FEDER e Fundo de Coesão), em coerência com as disposições regulamentares comunitárias aplicáveis);

Texto do Programa Operacional Temático Valorização do Território

Endereço http://www.povt.qren.pt/cs2.asp?idcat=1120 — Regulamento Geral FEDER e Fundo de Coesão (documento normativo sobre as modalidades de aplicação a Portugal dos fundos FEDER e Fundo de Coesão), em coerência com as disposições regulamentares comunitárias aplicáveis); Regulamento Específico para o Domínio dos «Equipamentos Estruturantes do Sistema Urbano Nacional» (estabelece as condições de acesso e as regras gerais de atribuição de co-financiamento comunitário do FEDER às operações apresentadas no âmbito deste domínio de intervenção).

Type of measure

Individual aid

Objective

Regional development

Form of aid

—

Budget

Overall budget: EUR 1,897 million

Intensity

Measure does not constitute aid

Duration (period)

—

Economic sectors

Service activities

Name and address of the granting authority

Programa Operacional Temático Valorização do Território

Av. D. João II, Lote 1.07.2.1 — 2.o

1998-014 Lisboa

PORTUGAL

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/competition/elojade/isef/index.cfm

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| 13.3.2013 | EN | Official Journal of the European Union | C 73/3 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/3

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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)

2013/C 73/02

| Date of adoption of the decision | 10.1.2013 |
| --- | --- |
| Reference number of State Aid | SA.33968 (11/N) |
| Member State | Hungary |
| Region | — | — |
| Title (and/or name of the beneficiary) | Erdő-környezetvédelmi intézkedések – EMVA (1698/2005/EK 47. cikk) (támogatási összegek emelése) |
| Legal basis | Az Európai Mezőgazdasági Vidékfejlesztési Alapból az erdő-környezetvédelmi intézkedésekhez nyújtandó támogatások részletes feltételeiről szóló 124/2009. (IX. 24.) FVM rendelet |
| Type of measure | Scheme | — |
| Objective | Environmental protection, Forestry, Rural development (AGRI) |
| Form of aid | Direct grant |
| Budget | | Overall budget: HUF 8 202,60 million |

Date of adoption of the decision

10.1.2013

Reference number of State Aid

SA.33968 (11/N)

Member State

Hungary

Region

—

—

Title (and/or name of the beneficiary)

Erdő-környezetvédelmi intézkedések – EMVA (1698/2005/EK 47. cikk) (támogatási összegek emelése)

Legal basis

Az Európai Mezőgazdasági Vidékfejlesztési Alapból az erdő-környezetvédelmi intézkedésekhez nyújtandó támogatások részletes feltételeiről szóló 124/2009. (IX. 24.) FVM rendelet

Type of measure

Scheme

—

Objective

Environmental protection, Forestry, Rural development (AGRI)

Form of aid

Direct grant

Budget

Overall budget: HUF 8 202,60 million

| | Annual budget: HUF 4 101,30 million |
| --- | --- |

Annual budget: HUF 4 101,30 million

Intensity

100 %

Duration (period)

Until 31.12.2013

Economic sectors

Silviculture and other forestry activities, Logging

Name and address of the granting authority

| Vidékfejlesztési Minisztérium |
| --- |
| Budapest |
| Kossuth Lajos tér 11. |
| 1055 |
| MAGYARORSZÁG/HUNGARY |

Vidékfejlesztési Minisztérium

Budapest

Kossuth Lajos tér 11.

1055

MAGYARORSZÁG/HUNGARY

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/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 17.12.2012 |
| --- | --- |
| Reference number of State Aid | SA.34106 (11/N) |
| Member State | Hungary |
| Region | — | — |
| Title (and/or name of the beneficiary) | Erdészeti potenciál helyreállítása |
| Legal basis | Az Európai Mezőgazdasági Vidékfejlesztési Alapból az erdészeti potenciál helyreállítására nyújtandó támogatások igénybevételének részletes szabályairól szóló 32/2008. (III. 27.) FVM rendelet |
| Type of measure | Scheme | — |
| Objective | Forestry, Natural disasters or exceptional occurrences |
| Form of aid | Direct grant |
| Budget | Overall budget: HUF 2 338 million |
| Intensity | 100 % |
| Duration (period) | Until 31.12.2013 |
| Economic sectors | Silviculture and other forestry activities, Logging |
| Name and address of the granting authority | Vidékfejlesztési Minisztérium |
| Budapest |
| Kossuth Lajos tér 11. |
| 1055 |
| MAGYARORSZÁG/HUNGARY |

Date of adoption of the decision

17.12.2012

Reference number of State Aid

SA.34106 (11/N)

Member State

Hungary

Region

—

—

Title (and/or name of the beneficiary)

Erdészeti potenciál helyreállítása

Legal basis

Az Európai Mezőgazdasági Vidékfejlesztési Alapból az erdészeti potenciál helyreállítására nyújtandó támogatások igénybevételének részletes szabályairól szóló 32/2008. (III. 27.) FVM rendelet

Type of measure

Scheme

—

Objective

Forestry, Natural disasters or exceptional occurrences

Form of aid

Direct grant

Budget

Overall budget: HUF 2 338 million

Intensity

100 %

Duration (period)

Until 31.12.2013

Economic sectors

Silviculture and other forestry activities, Logging

Name and address of the granting authority

Vidékfejlesztési Minisztérium

Budapest

Kossuth Lajos tér 11.

1055

MAGYARORSZÁG/HUNGARY

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/competition/elojade/isef/index.cfm

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III Preparatory acts

European Central Bank

| 13.3.2013 | EN | Official Journal of the European Union | C 73/5 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/5

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OPINION OF THE EUROPEAN CENTRAL BANK

of 19 October 2012

on a proposal for a Commission regulation amending Regulation (EC) No 2214/96 concerning harmonised indices of consumer prices (HICP): transmission and dissemination of sub-indices of the HICP, as regards establishing harmonised indices of consumer prices at constant tax rates and on a proposal for a Commission regulation laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices

(CON/2012/77)

2013/C 73/03

Introduction and legal basis

On 27 August 2012, the European Central Bank (ECB) received a request from the European Commission for an opinion on (1) a proposal for a Commission Regulation amending Regulation (EC) No 2214/96 concerning harmonised indices of consumer prices (HICP): transmission and dissemination of sub-indices of the HICP, as regards establishing harmonised indices of consumer prices at constant tax rates (hereinafter the ‘proposed HICP-CT regulation’) and (2) a proposal for a Commission Regulation laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices (hereinafter the ‘proposed OOH regulation’) (hereinafter collectively referred to as the ‘proposed regulations’).

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 and Article 5(3) of Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (1). 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.

1.   
  General observations

The ECB supports the objectives of the proposed regulations related to: (a) the establishment, through the proposed HICP-CT regulation, of the regular production of harmonised indices of consumer prices at constant tax rates and the development of the related data and metadata requirements as well as relevant methodological guidelines, (b) the compilation, pursuant to the proposed OOH regulation, of price indices for dwellings and for housing expenditures incurred by owner-occupiers, including the development of the related coverage description, the methodological framework and the data requirements.

2.   
  Consultation of the ECB and its involvement in the preparatory and implementing work

| 2.1. | The ECB emphasises that, as required under Articles 127(4) and 282(5) of the Treaty and under Article 5(3) of Council Regulation (EC) No 2494/95, it needs to be consulted on any implementing measures within the HICP framework proposed by the Commission. The obligation to consult the ECB is an important procedural requirement that should be consistently referred to in all legal instruments comprising the HICP legal framework. It will also continue to apply in relation to implementing and delegated acts which the Commission may be empowered to adopt under the reformed legal framework for the HICP, currently under preparation (2). |
| --- | --- |

2.1.

The ECB emphasises that, as required under Articles 127(4) and 282(5) of the Treaty and under Article 5(3) of Council Regulation (EC) No 2494/95, it needs to be consulted on any implementing measures within the HICP framework proposed by the Commission. The obligation to consult the ECB is an important procedural requirement that should be consistently referred to in all legal instruments comprising the HICP legal framework. It will also continue to apply in relation to implementing and delegated acts which the Commission may be empowered to adopt under the reformed legal framework for the HICP, currently under preparation (2).

| 2.2. | In Case C-11/00, the Court of Justice clarified the obligation to consult the ECB with reference to the ECB’s functions and expertise (3). Harmonised indices of consumer prices ‘serve as important indicators for the management of monetary policy’ (4) and are, therefore, of crucial importance to the ECB’s functions concerning the maintenance of the price stability as a primary objective of the European System of Central Banks (ESCB) (5), as well as to the Eurosystem tasks of: (a) defining and implementing the monetary policy for the euro area, and (b) contributing to the policies relating to stability of the financial system (6). As with the preamble to Council Regulation (EC) No 2494/95, which refers to the need for the monetary authorities of the Union to have access to appropriately calibrated consumer price indices (7), the link between the HICP framework and the performance of the central bank tasks should be expressly stated in the recitals of the proposed regulations. Moreover, the ECB’s expertise in relation to the HICP framework should be made use of, not only by formal consultation with the ECB on legal instruments proposed by the Commission, but also by appropriately involving the ECB in the preparatory and implementing work, in particular concerning the development of relevant methodological frameworks, as explained further below. In its contribution, the ECB may include appropriate expert input provided by other ESCB members. |
| --- | --- |

2.2.

In Case C-11/00, the Court of Justice clarified the obligation to consult the ECB with reference to the ECB’s functions and expertise (3). Harmonised indices of consumer prices ‘serve as important indicators for the management of monetary policy’ (4) and are, therefore, of crucial importance to the ECB’s functions concerning the maintenance of the price stability as a primary objective of the European System of Central Banks (ESCB) (5), as well as to the Eurosystem tasks of: (a) defining and implementing the monetary policy for the euro area, and (b) contributing to the policies relating to stability of the financial system (6). As with the preamble to Council Regulation (EC) No 2494/95, which refers to the need for the monetary authorities of the Union to have access to appropriately calibrated consumer price indices (7), the link between the HICP framework and the performance of the central bank tasks should be expressly stated in the recitals of the proposed regulations. Moreover, the ECB’s expertise in relation to the HICP framework should be made use of, not only by formal consultation with the ECB on legal instruments proposed by the Commission, but also by appropriately involving the ECB in the preparatory and implementing work, in particular concerning the development of relevant methodological frameworks, as explained further below. In its contribution, the ECB may include appropriate expert input provided by other ESCB members.

3.   
  Development of HICP methodological frameworks and their incorporation in legal instruments

| 3.1. | The proposed regulations provide for the development by the Commission, in close cooperation with Member States, of methodological frameworks for the computation of the indices and sub-indices introduced by the proposed regulations (8). While supporting the development of such methodological frameworks, the ECB considers that it should be involved by the Commission alongside the Member States in their development. Such involvement of the ECB, which may also include appropriate expert input provided by other ESCB members, will be an appropriate solution taking account of the importance of the relevant indices to the ESCB’s objectives and the expertise of the ECB and of other ESCB members in relation to the HICP framework. |
| --- | --- |

3.1.

The proposed regulations provide for the development by the Commission, in close cooperation with Member States, of methodological frameworks for the computation of the indices and sub-indices introduced by the proposed regulations (8). While supporting the development of such methodological frameworks, the ECB considers that it should be involved by the Commission alongside the Member States in their development. Such involvement of the ECB, which may also include appropriate expert input provided by other ESCB members, will be an appropriate solution taking account of the importance of the relevant indices to the ESCB’s objectives and the expertise of the ECB and of other ESCB members in relation to the HICP framework.

| 3.2. | Moreover, Article 12(2) of Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (9) specifies that in applying the quality criteria under this Regulation to the data covered by sectoral legislation in specific statistical domains, the modalities, structure and periodicity of quality reports shall be defined by the Commission in accordance with the regulatory procedure referred to in Article 27(2) of this Regulation (10). Against this background, the ECB considers that the development of methodological frameworks for the computation of the indices and sub-indices introduced by the proposed regulations should lead to the incorporation of key constructive elements and minimum quality standards of such methodological frameworks within Union law. In the interests of legal certainty, transparency and accountability, manuals, guidelines or other non-legal instruments may complement but should not replace legal provisions. |
| --- | --- |

3.2.

Moreover, Article 12(2) of Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (9) specifies that in applying the quality criteria under this Regulation to the data covered by sectoral legislation in specific statistical domains, the modalities, structure and periodicity of quality reports shall be defined by the Commission in accordance with the regulatory procedure referred to in Article 27(2) of this Regulation (10). Against this background, the ECB considers that the development of methodological frameworks for the computation of the indices and sub-indices introduced by the proposed regulations should lead to the incorporation of key constructive elements and minimum quality standards of such methodological frameworks within Union law. In the interests of legal certainty, transparency and accountability, manuals, guidelines or other non-legal instruments may complement but should not replace legal provisions.

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

Done at Frankfurt am Main, 19 October 2012.

The President of the ECB

Mario DRAGHI

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(1)  OJ L 257, 27.10.1995, p. 1.

1

(2)  See the Commission (Eurostat) ‘2011 Annual Activity Report’, p. 30, available on the Commission’s website at http://www.ec.europa.eu. See also paragraph 5 of Opinion CON/2012/5 available on the ECB’s website at http://www.ecb.europa.eu

2

(3)  Judgment of 10 July 2003 in Case C-11/00 Commission of the European Communities v European Central Bank (2003) ECR 2003, I-7147, in particular paragraphs 110 and 111. 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’.

3

Commission of the European Communities

European Central Bank

(4)  See first recital of Commission Regulation (EU) No 1114/2010 of 1 December 2010 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the quality of HICP weightings and repealing Commission Regulation (EC) No 2454/97 (OJ L 316, 2.12.2010, p. 4).

4

(5)  See Article 127(1) of the Treaty and Article 2, first sentence of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’).

5

(6)  See Article 127(2), first indent and Article 127(5) in conjunction with Article 139(2)(c) of the Treaty and Article 3.1, first indent and Article 3.3, in conjunction with Article 42.1 of the Statute of the ESCB.

6

(7)  See third recital of Council Regulation (EC) No 2494/95.

7

(8)  See Article 3 of Regulation (EC) No 2214/96 of 20 November 1996 concerning harmonized indices of consumer prices: transmission and dissemination of sub-indices of the HICP (OJ L 296, 21.11.1996, p. 8) as amended by Article 1(2) of the proposed HICP-CT regulation and Article 4(1) of the proposed OOH regulation.

8

(9)  OJ L 87, 31.3.2009, p. 164.

9

(10)  Currently in accordance with Articles 5 or 5a, in conjunction with Article 7, of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). Under the future framework introduced by the amendments to Regulation (EC) No 223/2009 proposed by the Commission on 17 April 2012 (COM(2012) 167 final) the Commission will act in accordance with Article 5 of Regulation (EU) No 182/2011 of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing power (OJ L 55, 28.2.2011, p. 13).

10

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ANNEX

Drafting proposals of the proposed HICP-CT regulation

| Text proposed by the Commission | Amendments proposed by the ECB (1) |
| --- | --- |
| Amendment 1 |
| Preamble to the proposed HICP-CT regulation |
| ‘Having regard to the Treaty on the Functioning of the European Union,
  Having regard to Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices ( ), and in particular the third paragraph of Article 4 and Article 5(3) thereof,
  Whereas:
  [...]






  (3) | For inflation analysis and for convergence assessment in EU Member States, it is necessary to collect information on the impact of tax changes on inflation. To this end, HICPs should additionally be calculated on the basis of constant tax rate prices instead of observed prices in the form of harmonised indices of consumer prices at constant tax rates (HICP-CT). |

Text proposed by the Commission

Amendments proposed by the ECB (1)

Amendment 1

Preamble to the proposed HICP-CT regulation

‘Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices ( ), and in particular the third paragraph of Article 4 and Article 5(3) thereof,

Whereas:

[...]

(3)

For inflation analysis and for convergence assessment in EU Member States, it is necessary to collect information on the impact of tax changes on inflation. To this end, HICPs should additionally be calculated on the basis of constant tax rate prices instead of observed prices in the form of harmonised indices of consumer prices at constant tax rates (HICP-CT).

[...]

| (6) | The European Central Bank has been consulted in accordance with Article 5(3) of Regulation (EC) No 2494/95.’ |
| --- | --- |

(6)

The European Central Bank has been consulted in accordance with Article 5(3) of Regulation (EC) No 2494/95.’

‘Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices ( ), and in particular the third paragraph of Article 4 and Article 5(3) thereof,

Having regard to the opinion of the European Central Bank (2)
  ,

Whereas:

[...]

| (3) | For inflation analysis, for monetary and financial policies and for convergence assessment in EU Member States, it is necessary to collect information on the impact of tax changes on inflation. To this end, HICPs should additionally be calculated on the basis of constant tax rate prices instead of observed prices in the form of harmonised indices of consumer prices at constant tax rates (HICP-CT). |
| --- | --- |

(3)

For inflation analysis, for monetary and financial policies and for convergence assessment in EU Member States, it is necessary to collect information on the impact of tax changes on inflation. To this end, HICPs should additionally be calculated on the basis of constant tax rate prices instead of observed prices in the form of harmonised indices of consumer prices at constant tax rates (HICP-CT).

[...]

| (6) | The European Central Bank has been consulted in accordance with Article 5(3) of Regulation (EC) No 2494/95. |
| --- | --- |

(6)

The European Central Bank has been consulted in accordance with Article 5(3) of Regulation (EC) No 2494/95.

Explanation

Explanation

The obligation to consult the ECB is a procedural requirement that should be consistently referred to in the preambles to all legal instruments comprising the HICP legal framework. In addition, as with the preamble to Council Regulation (EC) No 2494/95, the link between the HICP framework and the central banks’ tasks should be expressly stated in a recital of the proposed HICP-CT regulation.

The obligation to consult the ECB is a procedural requirement that should be consistently referred to in the preambles to all legal instruments comprising the HICP legal framework. In addition, as with the preamble to Council Regulation (EC) No 2494/95, the link between the HICP framework and the central banks’ tasks should be expressly stated in a recital of the proposed HICP-CT regulation.

Amendment 2

Amendment 2

Article 1(2) of the proposed HICP-CT regulation

‘(2)   Article 3 is replaced by the following:

“Article 3

Production and provision of sub-indices

Member States shall produce and provide to the Commission (Eurostat) each month all sub-indices (Annex I) which have a weight accounting for more than one part in a thousand of the total expenditure covered by the HICP. Together with the index for January each year, Member States shall provide corresponding weighting information to the Commission (Eurostat).

In addition, Member States shall produce and provide to the Commission (Eurostat) each month the same sub-indices computed at constant tax rates (HICP-CT). The Commission (Eurostat), in close cooperation with the Member States, shall establish guidelines that provide a methodological framework for the computation of the HICP-CT index and sub-indices. When duly justified, the Commission (Eurostat) shall update the reference methodology, in accordance with procedural arrangements approved by the European Statistical System Committee.” ’

‘(2)   Article 3 is replaced by the following:

“Article 3

Production and provision of sub-indices

Member States shall produce and provide to the Commission (Eurostat) each month all sub-indices (Annex I) which have a weight accounting for more than one part in a thousand of the total expenditure covered by the HICP. Together with the index for January each year, Member States shall provide corresponding weighting information to the Commission (Eurostat).

In addition, Member States shall produce and provide to the Commission (Eurostat) each month the same sub-indices computed at constant tax rates (HICP-CT). The Commission (Eurostat), in close cooperation with the Member States and the European Central Bank, shall establish guidelines that provide a methodological framework for the computation of the HICP-CT index and sub-indices. When duly justified, the Commission (Eurostat) shall update the reference methodology, in accordance with procedural arrangements approved by the European Statistical System Committee.” ’

Explanation

Explanation

The ECB should be involved in preparing and implementing the proposed HICP-CT regulation, and, in particular, in developing relevant methodological framework. Such involvement of the ECB, which may also include appropriate expert input provided by other ESCB members, is a necessary step, additional to the obligation to consult the ECB on the proposed legal instruments comprising the HICP framework. The reasons for this are: (a) the ECB’s expertise related to the HICP framework, and (b) the importance of the HICP framework to the effective performance of central bank functions, in particular to the ESCB’s achievement of its price stability objective, and to the Eurosystem tasks of defining and implementing monetary policy for the euro area and contributing to the policies relating to the stability of the financial system.

The ECB should be involved in preparing and implementing the proposed HICP-CT regulation, and, in particular, in developing relevant methodological framework. Such involvement of the ECB, which may also include appropriate expert input provided by other ESCB members, is a necessary step, additional to the obligation to consult the ECB on the proposed legal instruments comprising the HICP framework. The reasons for this are: (a) the ECB’s expertise related to the HICP framework, and (b) the importance of the HICP framework to the effective performance of central bank functions, in particular to the ESCB’s achievement of its price stability objective, and to the Eurosystem tasks of defining and implementing monetary policy for the euro area and contributing to the policies relating to the stability of the financial system.

Amendment 3

Amendment 3

Article 1a (new) of the proposed HICP-CT regulation

No text

‘Article 1a

Transitional measures

The Commission (Eurostat), with the contribution of the European Central Bank, shall, within two years of the date of entry into force of this Regulation, prepare a report to: (i) assess the effectiveness of the methodological framework for the computation of the HICP-CT index and sub-indices established under amended Article 3(2) of Regulation (EC) No 2214/96, and (ii) recommend key constructive elements and minimum quality standards of such a methodological framework that should be set out in Union law through appropriate amendments to HICP legal framework.’

Explanation

Explanation

The ECB considers that the development of methodological frameworks for the computation of the indices and sub-indices introduced by the proposed HICP-CT regulation should ensure the inclusion of key constructive elements and minimum quality standards for such frameworks within the relevant instruments of Union law. Manuals, guidelines or other non-legal instruments may complement but in the interests of legal certainty, transparency and accountability, should not replace legal provisions. The ECB should be involved in preparing the relevant Commission’s legislative proposals for the reasons indicated under amendment 2 above. In its contribution, the ECB may include appropriate expert input provided by other ESCB members.

The ECB considers that the development of methodological frameworks for the computation of the indices and sub-indices introduced by the proposed HICP-CT regulation should ensure the inclusion of key constructive elements and minimum quality standards for such frameworks within the relevant instruments of Union law. Manuals, guidelines or other non-legal instruments may complement but in the interests of legal certainty, transparency and accountability, should not replace legal provisions. The ECB should be involved in preparing the relevant Commission’s legislative proposals for the reasons indicated under amendment 2 above. In its contribution, the ECB may include appropriate expert input provided by other ESCB members.

Drafting proposals of the proposed OOH regulation

Drafting proposals of the proposed OOH regulation

| Text proposed by the Commission | Amendments proposed by the ECB (3) |
| --- | --- |
| Amendment 1 |
| Preamble to the proposed OOH regulation |
| ‘Having regard to the Treaty on the Functioning of the European Union,
  Having regard to Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices, and in particular the third paragraph of Article 4 and Article 5(3) thereof,
  Whereas:
  [...]






  (3) | With a view to compiling owner-occupied housing indices it is necessary to produce house price indices. House price indices are also important indicators in their own right. |

Text proposed by the Commission

Amendments proposed by the ECB (3)

3

Amendment 1

Amendment 1

Preamble to the proposed OOH regulation

‘Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices, and in particular the third paragraph of Article 4 and Article 5(3) thereof,

Whereas:

[...]

(3)

With a view to compiling owner-occupied housing indices it is necessary to produce house price indices. House price indices are also important indicators in their own right.

[...]

| (5) | The European Central Bank has been consulted... .’ |
| --- | --- |

(5)

The European Central Bank has been consulted... .’

‘Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices, and in particular the third paragraph of Article 4 and Article 5(3) thereof,

Having regard to the opinion of the European Central Bank (4)
  ,

Whereas:

[...]

| (3) | With a view to compiling owner-occupied housing indices it is necessary to produce house price indices. House price indices are also important indicators in their own right and for monetary and financial policies. |
| --- | --- |

(3)

With a view to compiling owner-occupied housing indices it is necessary to produce house price indices. House price indices are also important indicators in their own right and for monetary and financial policies.

[...]

| (5) | The European Central Bank has been consulted... |
| --- | --- |

(5)

The European Central Bank has been consulted...

Explanation

Explanation

The obligation to consult the ECB is a procedural requirement that should be consistently referred to in the preambles to all legal instruments comprising the HICP legal framework. In addition, as with the preamble to Council Regulation (EC) No 2494/95, the link between the HICP framework and the central banks’ tasks should be expressly stated in a recital of the proposed OOH regulation.

The obligation to consult the ECB is a procedural requirement that should be consistently referred to in the preambles to all legal instruments comprising the HICP legal framework. In addition, as with the preamble to Council Regulation (EC) No 2494/95, the link between the HICP framework and the central banks’ tasks should be expressly stated in a recital of the proposed OOH regulation.

Amendment 2

Amendment 2

Article 2(2) of the proposed OOH regulation

| ‘2. | “house price index” means an index that measures the changes in the transaction prices of dwellings purchased by households.’ |
| --- | --- |

‘2.

“house price index” means an index that measures the changes in the transaction prices of dwellings purchased by households.’

| ‘2. | “house price index” means an index that measures the changes in the transaction prices of dwellings purchased by households, including any land component.’ |
| --- | --- |

‘2.

“house price index” means an index that measures the changes in the transaction prices of dwellings purchased by households, including any land component.’

including any land component

Explanation

Explanation

The ECB considers that land prices are a key component in the house price index as they play a crucial role in financial stability and economic analysis, particularly in the detection of possible price bubbles. Therefore, the inclusion of land prices should be provided for in the OOH regulation rather than in the methodological manual.

The ECB considers that land prices are a key component in the house price index as they play a crucial role in financial stability and economic analysis, particularly in the detection of possible price bubbles. Therefore, the inclusion of land prices should be provided for in the OOH regulation rather than in the methodological manual.

Amendment 3

Amendment 3

Article 4(1) of the proposed OOH regulation

‘1.   The Commission (Eurostat), in close cooperation with the Member States, shall establish a manual which provides a methodological framework for owner-occupied housing and house price indices produced pursuant to this Regulation (hereinafter referred to as the “OOH-HPI manual”). When duly justified, the Commission (Eurostat) shall update the manual, in accordance with procedural arrangements approved by the ESS Committee.’

‘1.   The Commission (Eurostat), in close cooperation with the Member States and the European Central Bank, shall establish a manual which provides a methodological framework for owner-occupied housing and house price indices produced pursuant to this Regulation (hereinafter referred to as the “OOH-HPI manual”). When duly justified, the Commission (Eurostat) shall update the manual, in accordance with procedural arrangements approved by the ESS Committee.’

Explanation

Explanation

The ECB should be involved in preparing and implementing the proposed OOH regulation, and, in particular, in developing a relevant methodological framework. Such involvement of the ECB, which may also include appropriate expert input provided by other ESCB members, is a necessary step which is additional to the obligation to consult the ECB on the proposed legal instruments comprising the HICP framework. The reasons for this are: (a) the ECB’s expertise related to the HICP framework, and (b) the importance of the HICP framework to the effective performance of central bank functions, in particular to the ESCB’s achievement of its price stability objective, and to the Eurosystem tasks of defining and implementing monetary policy for the euro area and contributing to the policies relating to the stability of the financial system.

The ECB should be involved in preparing and implementing the proposed OOH regulation, and, in particular, in developing a relevant methodological framework. Such involvement of the ECB, which may also include appropriate expert input provided by other ESCB members, is a necessary step which is additional to the obligation to consult the ECB on the proposed legal instruments comprising the HICP framework. The reasons for this are: (a) the ECB’s expertise related to the HICP framework, and (b) the importance of the HICP framework to the effective performance of central bank functions, in particular to the ESCB’s achievement of its price stability objective, and to the Eurosystem tasks of defining and implementing monetary policy for the euro area and contributing to the policies relating to the stability of the financial system.

Amendment 4

Amendment 4

Article 6 of the proposed OOH regulation

‘1.   One years and three years respectively after the date of entry into force of this Regulation, Member States shall provide the Commission (Eurostat) with reports on the quality of the data, on the basis of the standards defined within the European Statistical System and in the OOH-HPI manual.

2.   The Commission (Eurostat) shall, within five years of the date of entry into force of this Regulation, prepare a report on the indices established pursuant to this Regulation and in particular on their degree of compliance with Commission Regulation (EC) No 1749/96 (5) and Commission Regulation (EU) No 1114/2010 (6). The report shall also address the suitability of the owner-occupied housing indices for integration into HICP coverage.

‘1.   One years and three years respectively after the date of entry into force of this Regulation, Member States shall provide the Commission (Eurostat) and the European Central Bank with reports on the quality of the data, on the basis of the standards defined within the European Statistical System and in the OOH-HPI manual.

2.   The Commission (Eurostat), with the contribution of the European Central Bank, shall, within five years of the date of entry into force of this Regulation, prepare a report to:
  on
  (i) assess the indices established pursuant to this Regulation and in particular on their degree of compliance with Commission Regulation (EC) No 1749/96 (7) and Commission Regulation (EU) No 1114/2010 (8), (ii)
  The report shall also address the suitability of the owner-occupied housing indices for integration into HICP coverage, and (iii) recommend key constructive elements and minimum quality standards of the methodological framework for owner-occupied housing and house price indices that should be set out in Union law through appropriate amendments to HICP legal framework.

Explanation

Explanation

The ECB considers that the development of methodological framework for the computation of the indices and sub-indices introduced by the proposed OOH regulation should ensure the inclusion of key constructive elements and minimum quality standards for such frameworks within the relevant instruments of Union law. Manuals, guidelines or other non-legal instruments may complement but in the interests of legal certainty, transparency and accountability, should not replace legal provisions. The ECB should be involved in the preparing of the relevant Commission’s legislative proposals for the reasons indicated under amendment 3 above. In its contribution, the ECB may include appropriate expert input provided by other ESCB members.

The ECB considers that the development of methodological framework for the computation of the indices and sub-indices introduced by the proposed OOH regulation should ensure the inclusion of key constructive elements and minimum quality standards for such frameworks within the relevant instruments of Union law. Manuals, guidelines or other non-legal instruments may complement but in the interests of legal certainty, transparency and accountability, should not replace legal provisions. The ECB should be involved in the preparing of the relevant Commission’s legislative proposals for the reasons indicated under amendment 3 above. In its contribution, the ECB may include appropriate expert input provided by other ESCB members.

---

(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

(2)  OJ C x, xx.xx.2012, p. xx’

2

(3)  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.

3

(4)  OJ C x, xx.xx.2012, p. xx’

4

(5)  OJ L 229, 10.9.1996, p. 3.

5

(6)  OJ L 316, 2.12.2010, p. 4.’

6

(7)  OJ L 229, 10.9.1996, p. 3.

7

(8)  OJ L 316, 2.12.2010, p. 4.’

8

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 13.3.2013 | EN | Official Journal of the European Union | C 73/13 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/13

---

Euro exchange rates (1)

12 March 2013

2013/C 73/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3053 |
| JPY | Japanese yen | 125,25 |
| DKK | Danish krone | 7,4577 |
| GBP | Pound sterling | 0,87630 |
| SEK | Swedish krona | 8,3182 |
| CHF | Swiss franc | 1,2344 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,4455 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,662 |
| HUF | Hungarian forint | 304,65 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7010 |
| PLN | Polish zloty | 4,1450 |
| RON | Romanian leu | 4,3740 |
| TRY | Turkish lira | 2,3517 |
| AUD | Australian dollar | 1,2633 |
| CAD | Canadian dollar | 1,3392 |
| HKD | Hong Kong dollar | 10,1251 |
| NZD | New Zealand dollar | 1,5807 |
| SGD | Singapore dollar | 1,6268 |
| KRW | South Korean won | 1 429,58 |
| ZAR | South African rand | 11,9232 |
| CNY | Chinese yuan renminbi | 8,1141 |
| HRK | Croatian kuna | 7,5873 |
| IDR | Indonesian rupiah | 12 646,57 |
| MYR | Malaysian ringgit | 4,0582 |
| PHP | Philippine peso | 52,995 |
| RUB | Russian rouble | 40,0390 |
| THB | Thai baht | 38,624 |
| BRL | Brazilian real | 2,5519 |
| MXN | Mexican peso | 16,3106 |
| INR | Indian rupee | 70,7370 |

Currency

Exchange rate

USD

US dollar

1,3053

JPY

Japanese yen

125,25

DKK

Danish krone

7,4577

GBP

Pound sterling

0,87630

SEK

Swedish krona

8,3182

CHF

Swiss franc

1,2344

ISK

Iceland króna

NOK

Norwegian krone

7,4455

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,662

HUF

Hungarian forint

304,65

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7010

PLN

Polish zloty

4,1450

RON

Romanian leu

4,3740

TRY

Turkish lira

2,3517

AUD

Australian dollar

1,2633

CAD

Canadian dollar

1,3392

HKD

Hong Kong dollar

10,1251

NZD

New Zealand dollar

1,5807

SGD

Singapore dollar

1,6268

KRW

South Korean won

1 429,58

ZAR

South African rand

11,9232

CNY

Chinese yuan renminbi

8,1141

HRK

Croatian kuna

7,5873

IDR

Indonesian rupiah

12 646,57

MYR

Malaysian ringgit

4,0582

PHP

Philippine peso

52,995

RUB

Russian rouble

40,0390

THB

Thai baht

38,624

BRL

Brazilian real

2,5519

MXN

Mexican peso

16,3106

INR

Indian rupee

70,7370

---

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

---

| 13.3.2013 | EN | Official Journal of the European Union | C 73/14 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/14

---

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 27 November 2012 regarding a draft decision relating to Case COMP/39.847 — E-BOOKS

Rapporteur: Lithuania

2013/C 73/05

| 1. | The Advisory Committee shares the competition concerns raised by the Commission in its draft decision. |
| --- | --- |

1.

The Advisory Committee shares the competition concerns raised by the Commission in its draft decision.

| 2. | The Advisory Committee agrees with the Commission that the behaviour may have effects on trade between Member States. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the behaviour may have effects on trade between Member States.

| 3. | The Advisory Committee agrees that the commitments offered by Apple, Hachette, Harper Collins, Simon & Schuster and Holtzbrinck/Macmillan address the competition concerns raised by the Commission. |
| --- | --- |

3.

The Advisory Committee agrees that the commitments offered by Apple, Hachette, Harper Collins, Simon & Schuster and Holtzbrinck/Macmillan address the competition concerns raised by the Commission.

| 4. | The Advisory Committee agrees that the commitments are adequate. |
| --- | --- |

4.

The Advisory Committee agrees that the commitments are adequate.

| 5. | The Advisory Committee agrees with the duration of the commitments. |
| --- | --- |

5.

The Advisory Committee agrees with the duration of the commitments.

| 6. | The Advisory Committee agrees that the commitments should be made binding in full. |
| --- | --- |

6.

The Advisory Committee agrees that the commitments should be made binding in full.

| 7. | The Advisory Committee agrees that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Apple, Hachette, Harper Collins, Simon & Schuster and Holtzbrinck/Macmillan as regards the competition concerns identified in the draft decision. |
| --- | --- |

7.

The Advisory Committee agrees that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Apple, Hachette, Harper Collins, Simon & Schuster and Holtzbrinck/Macmillan as regards the competition concerns identified in the draft decision.

| 8. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
| --- | --- |

8.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

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

9.

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

---

| 13.3.2013 | EN | Official Journal of the European Union | C 73/15 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/15

---

Final Report of the Hearing Officer (1)

COMP/39.847 — E-BOOKS

2013/C 73/06

| (1) | This proceeding concerns certain allegedly concerted practices in relation to the sale of e-books to consumers. |
| --- | --- |

(1)

This proceeding concerns certain allegedly concerted practices in relation to the sale of e-books to consumers.

| (2) | The Commission carried out unannounced inspections pursuant to Article 20(4) of Regulation (EC) No 1/2003 (2) at the premises of several book publishers in March 2011 in the EEA. |
| --- | --- |

(2)

The Commission carried out unannounced inspections pursuant to Article 20(4) of Regulation (EC) No 1/2003 (2) at the premises of several book publishers in March 2011 in the EEA.

| (3) | On 1 December 2011, the Commission opened proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 and Article 2(1) of Commission Regulation (EC) No 773/2004 (3) against five publishers (4) and Apple Inc. |
| --- | --- |

(3)

On 1 December 2011, the Commission opened proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 and Article 2(1) of Commission Regulation (EC) No 773/2004 (3) against five publishers (4) and Apple Inc.

| (4) | On 13 August 2012, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 pertaining to the conduct by four publishers (Hachette, Harper Collins, Holtzbrinck/Macmillan, Simon & Schuster) as well as Apple in relation to the sale of e-books to consumers. In the preliminary assessment, the Commission took the view that, by jointly switching the sale of e-books from a wholesale model to an agency model with the same key terms on a global basis, the four publishers and Apple engaged in a concerted practice with the object of raising retail prices of e-books in the EEA or preventing the emergence of lower prices in the EEA for e-books, in breach of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(4)

On 13 August 2012, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 pertaining to the conduct by four publishers (Hachette, Harper Collins, Holtzbrinck/Macmillan, Simon & Schuster) as well as Apple in relation to the sale of e-books to consumers. In the preliminary assessment, the Commission took the view that, by jointly switching the sale of e-books from a wholesale model to an agency model with the same key terms on a global basis, the four publishers and Apple engaged in a concerted practice with the object of raising retail prices of e-books in the EEA or preventing the emergence of lower prices in the EEA for e-books, in breach of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| (5) | The abovementioned four publishers as well as Apple have offered commitments in order to meet the Commission's concerns (5). On 19 September 2012, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case, the commitments and inviting third parties to submit comments on the proposal (6). The market test confirmed that the commitments are suitable to address the Commission's competition concerns. |
| --- | --- |

(5)

The abovementioned four publishers as well as Apple have offered commitments in order to meet the Commission's concerns (5). On 19 September 2012, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case, the commitments and inviting third parties to submit comments on the proposal (6). The market test confirmed that the commitments are suitable to address the Commission's competition concerns.

| (6) | In its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Commission makes the commitments offered by the five undertakings binding upon them and concludes that in light of the commitments offered, there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end. |
| --- | --- |

(6)

In its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Commission makes the commitments offered by the five undertakings binding upon them and concludes that in light of the commitments offered, there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end.

| (7) | Since Pearson, the parent company of the Penguin group, has not offered any commitments, the Commission is still investigating Pearson's conduct and its compatibility with Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

(7)

Since Pearson, the parent company of the Penguin group, has not offered any commitments, the Commission is still investigating Pearson's conduct and its compatibility with Article 101 of the TFEU and Article 53 of the EEA Agreement.

| (8) | I did not receive any request or complaint from any party to the proceedings in the present case (7). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected. |
| --- | --- |

(8)

I did not receive any request or complaint from any party to the proceedings in the present case (7). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.

Brussels, 27 November 2012.

Michael ALBERS

---

(1)  Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29).

1

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

2

(3)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 1).

3

(4)  The five publishers are: Hachette Livre SA, HarperCollins Publishers, L.L.C. and Haper Collins Publishers Limited, Georg von Holtzbrinck GmbH & Co. KG and Verlagsgruppe Georg von Holtzbrinck GmbH, Simon & Schuster, Inc. Simon & Schuster (UK) Ltd and Simon & Schuster Digital Sales, Inc. and Pearson Plc.

4

(5)  The commitments offered by the four publishers and Apple are available at: http://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_39847

5

(6)  Communication of the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS (notified under document C(2012) 6552) (OJ C 283, 19.9.2012, p. 7).

6

(7)  In accordance to Article 15(1) of Decision 2011/695/EU, parties to the proceedings offering commitments pursuant to Article 9 of Regulation (EC) No 1/2003 may call upon the hearing officer at any stage of the procedure in order to ensure the effective exercise of their procedural rights.

7

---

| 13.3.2013 | EN | Official Journal of the European Union | C 73/17 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/17

---

Summary of Commission Decision

of 12 December 2012

relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement

(Case COMP/39.847 — E-BOOKS)

(notified under document C(2012) 9288)

(Only the English text is authentic)

2013/C 73/07

On 12 December 2012, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | The Decision is addressed to Apple Inc (‘Apple’), Hachette Livre SA (‘Hachette’), Harper Collins Publishers Limited and Harper Collins Publishers L.L.C. (collectively ‘Harper Collins’), Georg von Holtzbrinck GmbH & Co. KG and Verlagsgruppe Georg von Holtzbrinck GmbH (collectively ‘Holtzbrinck/Macmillan’), Simon & Schuster, Inc., Simon & Schuster (UK) Ltd and Simon & Schuster Digital Sales Inc. (collectively ‘Simon & Schuster’), collectively referred to as the ‘four publishers’. The Decision concerns conduct of these parties in relation to the retail prices of e-books. |
| --- | --- |

(1)

The Decision is addressed to Apple Inc (‘Apple’), Hachette Livre SA (‘Hachette’), Harper Collins Publishers Limited and Harper Collins Publishers L.L.C. (collectively ‘Harper Collins’), Georg von Holtzbrinck GmbH & Co. KG and Verlagsgruppe Georg von Holtzbrinck GmbH (collectively ‘Holtzbrinck/Macmillan’), Simon & Schuster, Inc., Simon & Schuster (UK) Ltd and Simon & Schuster Digital Sales Inc. (collectively ‘Simon & Schuster’), collectively referred to as the ‘four publishers’. The Decision concerns conduct of these parties in relation to the retail prices of e-books.

2.   THE PROCEDURE

| (2) | On 1 December 2011, the Commission opened proceedings against Apple, the four publishers, and another major international publisher known as Pearson/Penguin, following preliminary concerns regarding a possible concerted practice between these undertakings with the object of raising retail prices in the EEA. The Commission's investigation regarding the conduct of Pearson/Penguin is on-going. On 13 August 2012, the Commission adopted a preliminary assessment addressed to the four publishers and Apple. |
| --- | --- |

(2)

On 1 December 2011, the Commission opened proceedings against Apple, the four publishers, and another major international publisher known as Pearson/Penguin, following preliminary concerns regarding a possible concerted practice between these undertakings with the object of raising retail prices in the EEA. The Commission's investigation regarding the conduct of Pearson/Penguin is on-going. On 13 August 2012, the Commission adopted a preliminary assessment addressed to the four publishers and Apple.

| (3) | Between 12 and 18 September 2012, the four publishers and Apple submitted draft initial commitments to address the concerns set out in the preliminary assessment (‘initial commitments’). |
| --- | --- |

(3)

Between 12 and 18 September 2012, the four publishers and Apple submitted draft initial commitments to address the concerns set out in the preliminary assessment (‘initial commitments’).

| (4) | On 19 September 2012, an Article 27(4) Notice was published in the Official Journal inviting third parties to submit their observations on the draft commitments within one month of publication (the ‘market test’). |
| --- | --- |

(4)

On 19 September 2012, an Article 27(4) Notice was published in the Official Journal inviting third parties to submit their observations on the draft commitments within one month of publication (the ‘market test’).

| (5) | On 23 and 24 October 2012, the Commission informed the four publishers of the observations received from interested third parties following the publication of the notice. On 24 October 2012, the Commission offered to inform Apple of such observations. |
| --- | --- |

(5)

On 23 and 24 October 2012, the Commission informed the four publishers of the observations received from interested third parties following the publication of the notice. On 24 October 2012, the Commission offered to inform Apple of such observations.

| (6) | In light of the observations received, the four publishers and Apple submitted, between 31 October and 12 November 2012, amended commitments, intended to become final (‘final commitments’). |
| --- | --- |

(6)

In light of the observations received, the four publishers and Apple submitted, between 31 October and 12 November 2012, amended commitments, intended to become final (‘final commitments’).

| (7) | On 27 November 2012, the Advisory Committee approved the draft decision based on Article 9 of Regulation (EC) No 1/2003. On 27 November 2012, the Hearing Officer issued his final report. |
| --- | --- |

(7)

On 27 November 2012, the Advisory Committee approved the draft decision based on Article 9 of Regulation (EC) No 1/2003. On 27 November 2012, the Hearing Officer issued his final report.

3.   CONCERNS EXPRESSED IN THE PRELIMINARY ASSESSMENT

Agency agreements signed between at least each of the four publishers and Apple in the US and EEA

| (8) | In the preliminary assessment, the Commission's preliminary view was that prior to 2009, at least the four publishers expressed to each other concerns regarding retail prices for e-books being set by Amazon, a large online retailer, at or below wholesale prices. The Commission takes the preliminary view that no later than December 2009, each of the four publishers engaged in direct and indirect (through Apple) contacts aimed at either raising the retail prices of e-books above those of Amazon (as was the case in the UK) or avoiding the arrival of such prices altogether (as was the case in France and Germany) in the EEA. In order to achieve this aim, the four publishers, together with Apple, intended to jointly switch the sale of e-books from a wholesale model (where the retailer determines retail prices) to an agency model (where the publisher determines retail prices) on a global basis and on the same key pricing terms, first with Apple and then with other retailers (including Amazon). |
| --- | --- |

(8)

In the preliminary assessment, the Commission's preliminary view was that prior to 2009, at least the four publishers expressed to each other concerns regarding retail prices for e-books being set by Amazon, a large online retailer, at or below wholesale prices. The Commission takes the preliminary view that no later than December 2009, each of the four publishers engaged in direct and indirect (through Apple) contacts aimed at either raising the retail prices of e-books above those of Amazon (as was the case in the UK) or avoiding the arrival of such prices altogether (as was the case in France and Germany) in the EEA. In order to achieve this aim, the four publishers, together with Apple, intended to jointly switch the sale of e-books from a wholesale model (where the retailer determines retail prices) to an agency model (where the publisher determines retail prices) on a global basis and on the same key pricing terms, first with Apple and then with other retailers (including Amazon).

| (9) | In the preliminary assessment, the Commission took the preliminary view that to achieve such a joint switch, each of the four publishers disclosed to, and/or received information from, the other four publishers and/or Apple, regarding the four publishers' future intentions with respect to: (i) whether to enter into an agency agreement with Apple in the US; and (ii) the key terms under which each of the four publishers would enter into such an agency agreement with Apple in the US, including a retail price MFN clause, maximum retail price grids and the level of commission to be paid to Apple. The retail price MFN clause provided that each of the publishers would have to match on Apple's iBookstore store any lower prices available for the same e-book titles from other online retailers. Combined with the other key pricing terms, the MFN clause would have resulted in lower revenues for publishers if other retailers continued to offer e-books at the prices then prevalent on the market. The Commission took the preliminary view that the financial implications for publishers of the retail price MFN clause were such that this clause acted as a joint ‘commitment device’. Each of the four publishers was in a position to force Amazon to accept a change to the agency model or otherwise face the risk of being denied access to the e-books of each of the four publishers, assuming that at least all four publishers had the same incentive during the same time period, and that Amazon could not sustain simultaneously being denied access even to only a part of the e-books catalogue of at least each of the four publishers. |
| --- | --- |

(9)

In the preliminary assessment, the Commission took the preliminary view that to achieve such a joint switch, each of the four publishers disclosed to, and/or received information from, the other four publishers and/or Apple, regarding the four publishers' future intentions with respect to: (i) whether to enter into an agency agreement with Apple in the US; and (ii) the key terms under which each of the four publishers would enter into such an agency agreement with Apple in the US, including a retail price MFN clause, maximum retail price grids and the level of commission to be paid to Apple. The retail price MFN clause provided that each of the publishers would have to match on Apple's iBookstore store any lower prices available for the same e-book titles from other online retailers. Combined with the other key pricing terms, the MFN clause would have resulted in lower revenues for publishers if other retailers continued to offer e-books at the prices then prevalent on the market. The Commission took the preliminary view that the financial implications for publishers of the retail price MFN clause were such that this clause acted as a joint ‘commitment device’. Each of the four publishers was in a position to force Amazon to accept a change to the agency model or otherwise face the risk of being denied access to the e-books of each of the four publishers, assuming that at least all four publishers had the same incentive during the same time period, and that Amazon could not sustain simultaneously being denied access even to only a part of the e-books catalogue of at least each of the four publishers.

| (10) | In the preliminary assessment, the Commission expressed the preliminary view that Apple's goal was to find a way to have retail prices at the same level as Amazon's while still making its desired margin. Apple would have known that this goal and the goal of each of the four publishers of raising retail prices above the level set by Amazon (or avoiding the introduction of lower prices by Amazon) could be achieved if Apple: (i) followed the suggestion by at least some of the four publishers that it enter the market for the sale of e-books under an agency, rather than a wholesale, model; and (ii) informed each of the four publishers whether any of at least the other four publishers were entering into an agency agreement with Apple in the US under the same key terms. |
| --- | --- |

(10)

In the preliminary assessment, the Commission expressed the preliminary view that Apple's goal was to find a way to have retail prices at the same level as Amazon's while still making its desired margin. Apple would have known that this goal and the goal of each of the four publishers of raising retail prices above the level set by Amazon (or avoiding the introduction of lower prices by Amazon) could be achieved if Apple: (i) followed the suggestion by at least some of the four publishers that it enter the market for the sale of e-books under an agency, rather than a wholesale, model; and (ii) informed each of the four publishers whether any of at least the other four publishers were entering into an agency agreement with Apple in the US under the same key terms.

Article 101(1) and (3) of the TFEU, Article 53(1) and (3) of the EEA Agreement

| (11) | The Commission's preliminary view was that the joint switch for the sale of e-books from a wholesale model to an agency model with the same key pricing terms on a global basis amounted to a concerted practice with the object of either raising retail prices of e-books in the EEA or preventing the emergence of lower prices of e-books in the EEA. |
| --- | --- |

(11)

The Commission's preliminary view was that the joint switch for the sale of e-books from a wholesale model to an agency model with the same key pricing terms on a global basis amounted to a concerted practice with the object of either raising retail prices of e-books in the EEA or preventing the emergence of lower prices of e-books in the EEA.

| (12) | The concerted practice between and among the four publishers and Apple is likely to appreciably affect trade between Member States within the meaning of Article 101(1) of the TFEU and Article 53(1) of the EEA Agreement. |
| --- | --- |

(12)

The concerted practice between and among the four publishers and Apple is likely to appreciably affect trade between Member States within the meaning of Article 101(1) of the TFEU and Article 53(1) of the EEA Agreement.

| (13) | Further, the Commission’s preliminary view was that Article 101(3) of the TFEU and Article 53(3) of the EEA Agreement do not apply in this case because the cumulative conditions set out in these provisions are not met. |
| --- | --- |

(13)

Further, the Commission’s preliminary view was that Article 101(3) of the TFEU and Article 53(3) of the EEA Agreement do not apply in this case because the cumulative conditions set out in these provisions are not met.

| (14) | The Commission’s concerns identified in the preliminary assessment do not relate to the legitimate use of the agency model for the sale of e-books. Each of the four publishers and Apple remain free to enter into agency agreements in line with the final commitments in so far as those agreements and their provisions do not infringe Union competition legislation. |
| --- | --- |

(14)

The Commission’s concerns identified in the preliminary assessment do not relate to the legitimate use of the agency model for the sale of e-books. Each of the four publishers and Apple remain free to enter into agency agreements in line with the final commitments in so far as those agreements and their provisions do not infringe Union competition legislation.

| (15) | The preliminary assessment was furthermore without prejudice to any national laws allowing the publishers to set retail prices for e-books at their own discretion (‘RPM laws’). |
| --- | --- |

(15)

The preliminary assessment was furthermore without prejudice to any national laws allowing the publishers to set retail prices for e-books at their own discretion (‘RPM laws’).

4.   THE INITIAL COMMITMENTS, THE MARKET TEST AND THE FINAL COMMITMENTS

| (16) | The four publishers and Apple do not agree with the Commission's preliminary assessment of 13 August 2012. Nevertheless, in order to address the Commission's concerns as set out in that preliminary assessment, they have offered, between 12 and 18 September 2012, their initial commitments. Following the end of the market test, the parties submitted between 31 October and 12 November 2012 the final commitments. |
| --- | --- |

(16)

The four publishers and Apple do not agree with the Commission's preliminary assessment of 13 August 2012. Nevertheless, in order to address the Commission's concerns as set out in that preliminary assessment, they have offered, between 12 and 18 September 2012, their initial commitments. Following the end of the market test, the parties submitted between 31 October and 12 November 2012 the final commitments.

| (17) | The key elements of the initial commitments offered by each of the four publishers and Apple are as follows: |
| --- | --- |

(17)

The key elements of the initial commitments offered by each of the four publishers and Apple are as follows:

| (18) | Each of the four publishers and Apple will terminate the agency agreements for the sale of e-books in the EEA concluded between each of the four publishers and Apple. Apple will also notify another major international e-book publisher that such publisher may immediately terminate its agency agreement, and in the event this publisher does not provide Apple with notice of termination, then Apple will terminate the agreement in line with the conditions laid down therein. |
| --- | --- |

(18)

Each of the four publishers and Apple will terminate the agency agreements for the sale of e-books in the EEA concluded between each of the four publishers and Apple. Apple will also notify another major international e-book publisher that such publisher may immediately terminate its agency agreement, and in the event this publisher does not provide Apple with notice of termination, then Apple will terminate the agreement in line with the conditions laid down therein.

| (19) | Each of the four publishers will offer each retailer other than Apple the opportunity to terminate any agency agreements concluded for the sale of e-books that: (i) restrict, limit or impede the retailer's ability to set, alter or reduce the retail price, or to offer any other form of promotions; or (ii) contain a price MFN clause as defined in the four publishers' initial commitments. In case a retailer decides not to use the opportunity to terminate such an agreement, each of the four publishers will terminate it in line with the conditions laid down therein. |
| --- | --- |

(19)

Each of the four publishers will offer each retailer other than Apple the opportunity to terminate any agency agreements concluded for the sale of e-books that: (i) restrict, limit or impede the retailer's ability to set, alter or reduce the retail price, or to offer any other form of promotions; or (ii) contain a price MFN clause as defined in the four publishers' initial commitments. In case a retailer decides not to use the opportunity to terminate such an agreement, each of the four publishers will terminate it in line with the conditions laid down therein.

| (20) | For a period of two years (so called ‘cooling-off period’), each of the four publishers undertakes not to restrict, limit or impede e-book retailers' ability to set, alter or reduce retail prices for e-books and/or to restrict, limit or impede an e-book retailer's ability to offer price discounts or any other form of promotions. In the event that, after termination of the agreements mentioned above, any of the four publishers enters into an agency agreement with an e-book retailer, that e-book retailer will be able, for a period of two years, to reduce the retail prices of e-books by an aggregate amount equal to the total commissions that publisher pays to that e-book retailer over a period of at least one year, in connection with the sale of its e-books to consumers; and/or to use such amount to offer any other forms of promotions. |
| --- | --- |

(20)

For a period of two years (so called ‘cooling-off period’), each of the four publishers undertakes not to restrict, limit or impede e-book retailers' ability to set, alter or reduce retail prices for e-books and/or to restrict, limit or impede an e-book retailer's ability to offer price discounts or any other form of promotions. In the event that, after termination of the agreements mentioned above, any of the four publishers enters into an agency agreement with an e-book retailer, that e-book retailer will be able, for a period of two years, to reduce the retail prices of e-books by an aggregate amount equal to the total commissions that publisher pays to that e-book retailer over a period of at least one year, in connection with the sale of its e-books to consumers; and/or to use such amount to offer any other forms of promotions.

| (21) | For a period of five years: (i) the four publishers will not enter into any agreement for the sale of e-books in the EEA that contains any type of MFN clause specified in the four publishers' initial commitments (retail price, wholesale price and commission/revenue share MFN clauses as well as business model MFN clauses); and (ii) Apple will not enter into any agreement for the sale of e-books in the EEA that contains a retail price MFN clause as specified in Apple's initial commitments, and inform any relevant publisher that it will not enforce any retail price MFN clause in any agency agreement for the sale of e-books in the EEA. |
| --- | --- |

(21)

For a period of five years: (i) the four publishers will not enter into any agreement for the sale of e-books in the EEA that contains any type of MFN clause specified in the four publishers' initial commitments (retail price, wholesale price and commission/revenue share MFN clauses as well as business model MFN clauses); and (ii) Apple will not enter into any agreement for the sale of e-books in the EEA that contains a retail price MFN clause as specified in Apple's initial commitments, and inform any relevant publisher that it will not enforce any retail price MFN clause in any agency agreement for the sale of e-books in the EEA.

| (22) | In response to the market test, the Commission received observations from 14 interested third parties, including from e-book publishers, e-book retailers, trade associations and 1 private citizen. |
| --- | --- |

(22)

In response to the market test, the Commission received observations from 14 interested third parties, including from e-book publishers, e-book retailers, trade associations and 1 private citizen.

| (23) | The observations received mainly related to the termination of existing agency agreements, the cooling-off period, the scope of the ban on price MFN clauses as set out in the initial commitments, as well as non-circumvention and compliance terms. |
| --- | --- |

(23)

The observations received mainly related to the termination of existing agency agreements, the cooling-off period, the scope of the ban on price MFN clauses as set out in the initial commitments, as well as non-circumvention and compliance terms.

| (24) | The Commission also received other observations related to certain definitions in Apple's and the four publishers' initial commitments, as well as to other considerations not directly related to the competition concerns identified by the Commission in its preliminary assessment. Those considerations concerned Amazon's strong position in the EEA, the impact of the initial commitments on cultural diversity and the advantages and disadvantages of using the agency model for the sale of e-books. |
| --- | --- |

(24)

The Commission also received other observations related to certain definitions in Apple's and the four publishers' initial commitments, as well as to other considerations not directly related to the competition concerns identified by the Commission in its preliminary assessment. Those considerations concerned Amazon's strong position in the EEA, the impact of the initial commitments on cultural diversity and the advantages and disadvantages of using the agency model for the sale of e-books.

| (25) | The final commitments differ from the proposed initial commitments in the following aspects:
  Apple has aligned the definition of ‘eBook’ with that used by each of the four publishers and has removed the characterisation of itself as ‘online eBook store provider’; and each of the four publishers removed a ban on business model MFN clauses. |
| --- | --- |

(25)

The final commitments differ from the proposed initial commitments in the following aspects:

Apple has aligned the definition of ‘eBook’ with that used by each of the four publishers and has removed the characterisation of itself as ‘online eBook store provider’; and each of the four publishers removed a ban on business model MFN clauses.

5.   ASSESSMENT AND PROPORTIONALITY OF THE FINAL COMMITMENTS

| (26) | In its preliminary assessment, the Commission expressed the preliminary view that the possible concerted practice among and between the four publishers and Apple had the object of preventing, restricting or distorting competition in the EEA. In order to remove such concerns, the Commission considers that the conditions of competition that existed in the EEA prior to the possible concerted practice should be substantially re-established (‘competitive reset’). |
| --- | --- |

(26)

In its preliminary assessment, the Commission expressed the preliminary view that the possible concerted practice among and between the four publishers and Apple had the object of preventing, restricting or distorting competition in the EEA. In order to remove such concerns, the Commission considers that the conditions of competition that existed in the EEA prior to the possible concerted practice should be substantially re-established (‘competitive reset’).

| (27) | Each of the four publishers and Apple have proposed to bring about that competitive reset by causing the termination of relevant agency agreements and by agreeing to certain restraints when renegotiating their commercial arrangements for e-books, as set out in the final commitments. Those restraints include a retail price MFN ban, price MFN bans and, as regards the four publishers, a cooling-off period. |
| --- | --- |

(27)

Each of the four publishers and Apple have proposed to bring about that competitive reset by causing the termination of relevant agency agreements and by agreeing to certain restraints when renegotiating their commercial arrangements for e-books, as set out in the final commitments. Those restraints include a retail price MFN ban, price MFN bans and, as regards the four publishers, a cooling-off period.

| (28) | In particular, the Commission considers that the final commitments offered by each of the four publishers and Apple will substantially reduce the possibility that each of the four publishers and Apple could recreate the effects of the retail price MFN clause, which, in the Commission's preliminary view, acted as a commitment device and enabled the joint conversion to the agency model with the same key terms. In addition, the removal of the retail price MFN clause contained in agreements between Apple and any other e-book publisher will eliminate a significant financial incentive for other publishers to have other retailers on the agency model. |
| --- | --- |

(28)

In particular, the Commission considers that the final commitments offered by each of the four publishers and Apple will substantially reduce the possibility that each of the four publishers and Apple could recreate the effects of the retail price MFN clause, which, in the Commission's preliminary view, acted as a commitment device and enabled the joint conversion to the agency model with the same key terms. In addition, the removal of the retail price MFN clause contained in agreements between Apple and any other e-book publisher will eliminate a significant financial incentive for other publishers to have other retailers on the agency model.

| (29) | The Commission considers that the final commitments offered by each of the four publishers and Apple, taken together, will create, over a sufficient period of time, conditions for a competitive reset in the EEA. In particular, it would result in sufficient uncertainty regarding the future intentions of publishers and retailers regarding the choice of business models (that is to say, wholesale, agency or a novel model) and the pricing terms used therein. The final commitments offered by each of the four publishers and Apple will also decrease incentives for each of the four publishers to renegotiate agreements for e-books with the same key terms. |
| --- | --- |

(29)

The Commission considers that the final commitments offered by each of the four publishers and Apple, taken together, will create, over a sufficient period of time, conditions for a competitive reset in the EEA. In particular, it would result in sufficient uncertainty regarding the future intentions of publishers and retailers regarding the choice of business models (that is to say, wholesale, agency or a novel model) and the pricing terms used therein. The final commitments offered by each of the four publishers and Apple will also decrease incentives for each of the four publishers to renegotiate agreements for e-books with the same key terms.

| (30) | In conclusion, the Commission considers that the final commitments offered by each of the four publishers and Apple are adequate (both regarding their scope and their duration) to remove the Commission's concerns as expressed in its preliminary assessment. Moreover, neither Apple nor any of the four publishers have offered less onerous commitments that also adequately address those concerns. |
| --- | --- |

(30)

In conclusion, the Commission considers that the final commitments offered by each of the four publishers and Apple are adequate (both regarding their scope and their duration) to remove the Commission's concerns as expressed in its preliminary assessment. Moreover, neither Apple nor any of the four publishers have offered less onerous commitments that also adequately address those concerns.

| (31) | The Commission has taken into consideration the interests of third parties, including those that have responded to the market test. |
| --- | --- |

(31)

The Commission has taken into consideration the interests of third parties, including those that have responded to the market test.

6.   CONCLUSION

| (32) | The Decision makes the commitments binding on Apple, Hachette, Harper Collins, Holtzbrinck/Macmillan and Simon & Schuster for a total period of five years from the date of notification of the decision, except for the cooling-off period, which will be binding for a total period of two years from the date of notification of the decision. |
| --- | --- |

(32)

The Decision makes the commitments binding on Apple, Hachette, Harper Collins, Holtzbrinck/Macmillan and Simon & Schuster for a total period of five years from the date of notification of the decision, except for the cooling-off period, which will be binding for a total period of two years from the date of notification of the decision.

---

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

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V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 13.3.2013 | EN | Official Journal of the European Union | C 73/21 |
| --- | --- | --- | --- |

13.3.2013

EN

Official Journal of the European Union

C 73/21

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HERCULE II

Call for proposals

Training, seminars and conferences — Legal part

2013/C 73/08

1.   Objectives and description

This notice of call for proposals is based on the annual work programme for the Hercule II programme (1), which implements Decision No 878/2007/EC of the European Parliament and of the Council of 23 July 2007 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (2). This call relates to Section 9 of the annual work programme as well as the activities under Article 1a(b) of the Hercule II Decision. The activities consist of the organisation of training, seminars and conferences to support the fight against fraud, corruption and other illegal activities as well as the development and implementation of fraud prevention and detection policies.

2.   Eligible applicants

Proposals eligible for funding can be submitted by the following applicants:

| — | all national or regional administrations of a Member State, an acceding country or a candidate country which promote the strengthening of the EU's actions in the field of the protection of the EU's financial interests, |
| --- | --- |

—

all national or regional administrations of a Member State, an acceding country or a candidate country which promote the strengthening of the EU's actions in the field of the protection of the EU's financial interests,

| — | all research and education institutes that have had legal personality for at least one year and are established and operating in a Member State or in a country outside the Union that promote the strengthening of the EU's action in protecting its financial interests, |
| --- | --- |

—

all research and education institutes that have had legal personality for at least one year and are established and operating in a Member State or in a country outside the Union that promote the strengthening of the EU's action in protecting its financial interests,

| — | all non-profit-making bodies that have had legal personality for at least one year and are legally established in a Member State or a country outside the Union that promote the strengthening of EU action to protect the EU's financial interests. |
| --- | --- |

—

all non-profit-making bodies that have had legal personality for at least one year and are legally established in a Member State or a country outside the Union that promote the strengthening of EU action to protect the EU's financial interests.

Applicants from countries outside the European Union must reside in:

| 1. | acceding States; |
| --- | --- |

1.

acceding States;

| 2. | EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement; |
| --- | --- |

2.

EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;

| 3. | candidate countries associated with the European Union on the basis of the conditions stipulated in the association agreements or their additional protocols on participation in European Union programmes concluded or to be concluded with those countries. |
| --- | --- |

3.

candidate countries associated with the European Union on the basis of the conditions stipulated in the association agreements or their additional protocols on participation in European Union programmes concluded or to be concluded with those countries.

3.   Eligible actions

The Commission will award grants to support training actions and legal studies aimed at enhancing and developing the legal and judicial protection of the EU financial interest against fraud, corruption and any other illegal activities. Examples of actions which can be co-financed are:

| — | organisation of conferences and seminars, |
| --- | --- |

—

organisation of conferences and seminars,

| — | studies on comparative law, |
| --- | --- |

—

studies on comparative law,

| — | dissemination, including the publication, of scientific knowledge concerning the protection of the EU's financial interests, |
| --- | --- |

—

dissemination, including the publication, of scientific knowledge concerning the protection of the EU's financial interests,

| — | publication and distribution of a scientific periodical on the protection of the European Union's financial interests, |
| --- | --- |

—

publication and distribution of a scientific periodical on the protection of the European Union's financial interests,

| — | the organisation of the annual meeting of the presidents of the associations for european criminal law and for the protection of the EU financial interests. |
| --- | --- |

—

the organisation of the annual meeting of the presidents of the associations for european criminal law and for the protection of the EU financial interests.

The activities are eligible for funding up to 90 % of the eligible costs. The total amount of assistance granted by the Commission OLAF for each project will not exceed:

| — | EUR 50 000 for a one-day seminar; EUR 100 000 for a two-day seminar, |
| --- | --- |

—

EUR 50 000 for a one-day seminar; EUR 100 000 for a two-day seminar,

| — | EUR 300 000 for a comparative law study, |
| --- | --- |

—

EUR 300 000 for a comparative law study,

| — | EUR 25 000 for the dissemination of expertise, |
| --- | --- |

—

EUR 25 000 for the dissemination of expertise,

| — | EUR 60 000 for the publication and distribution of a periodical publication by the associations for one year, |
| --- | --- |

—

EUR 60 000 for the publication and distribution of a periodical publication by the associations for one year,

| — | EUR 45 000 for the meeting of presidents of the associations. |
| --- | --- |

—

EUR 45 000 for the meeting of presidents of the associations.

4.   Award criteria

The following award criteria will be used to examine the proposals:

| 1. | the consistency of the proposed activity in relation to the objectives of the programme; |
| --- | --- |

1.

the consistency of the proposed activity in relation to the objectives of the programme;

| 2. | the complementarity of the proposed activity with other assisted activities; |
| --- | --- |

2.

the complementarity of the proposed activity with other assisted activities;

| 3. | the feasibility of the proposed activity, i.e. the real possibility that it can be carried out using the proposed means; |
| --- | --- |

3.

the feasibility of the proposed activity, i.e. the real possibility that it can be carried out using the proposed means;

| 4. | the cost-benefit ratio of the proposed activity; |
| --- | --- |

4.

the cost-benefit ratio of the proposed activity;

| 5. | the added value of the proposed activity; |
| --- | --- |

5.

the added value of the proposed activity;

| 6. | the size of the public targeted by the proposed activity; |
| --- | --- |

6.

the size of the public targeted by the proposed activity;

| 7. | the transnational and multidisciplinary aspects of the proposed activity; |
| --- | --- |

7.

the transnational and multidisciplinary aspects of the proposed activity;

| 8. | the geographic scope of the proposed activity. |
| --- | --- |

8.

the geographic scope of the proposed activity.

If several projects have equal merit in the light of these award criteria, funding priority may be given to, in descending order:

| — | proposals of a transnational and multidisciplinary character, |
| --- | --- |

—

proposals of a transnational and multidisciplinary character,

| — | proposals allowing a fair geographical distribution, |
| --- | --- |

—

proposals allowing a fair geographical distribution,

| — | applicants which have not already received a grant in previous years for a similar project. |
| --- | --- |

—

applicants which have not already received a grant in previous years for a similar project.

5.   Budget

In 2013, the Commission will launch one call for proposals for the ‘Legal part’ of the ‘Training, seminars and conferences’ section of the annual work programme. A budget of EUR 700 000 is available for proposals submitted before the deadline of 30 April 2013.

In case the budget is not exhausted after the first call, a possible second call will be launched in the third quarter 2013.

The financial contribution will take the form of a grant.

The Commission reserves the right not to allocate all the funds available.

6.   Further information

The technical specifications and the application form can be downloaded from the following site: http://ec.europa.eu/anti_fraud/about-us/funding/lawyers/index_en.htm

Questions and/or requests for additional information in relation to this call have to be sent by e-mail to:

OLAF-FMB-HERCULE-LEGAL@ec.europa.eu

The questions and answers may be anonymously published in the Guidelines for filling in the application form on OLAF's Internet website if they are relevant to other applicants.

7.   Deadline for submission of applications

Tuesday, 30 April 2013.

Only applications submitted by using the official application form, duly signed by the person entitled to enter into legally binding commitments on behalf of the applicant organisation, will be accepted.

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(1)  C(2013) 612 of 7 February 2013: Hercule II Financing Decision 2013.

(2)  OJ L 193, 25.7.2007, p. 18.

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