# Official Journal C 79/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.079.eng |
| --- | --- |
| Official Journal
  of the European Union | C 79 |
| | |
| English edition | Information and Notices | Volume 5412 March 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.079.eng

Official Journal

of the European Union

C 79

English edition

Information and Notices

Volume 5412 March 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 079/01 | State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union where the Member State concerned has accepted those measures (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 079/01

State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union where the Member State concerned has accepted those measures (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 079/02 | Euro exchange rates | 4 |
| 2011/C 079/03 | Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 26 November 2010 concerning a draft decision in Case COMP/39.398 — VISA MIF — Rapporteur: Malta | 5 |
| 2011/C 079/04 | Final report of the Hearing Officer — Commitments Decision in Case COMP/39.398 — VISA MIF | 6 |
| 2011/C 079/05 | Summary of Commission Decision of 8 December 2010 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/39.398 — VISA MIF) (notified under document C(2010) 8760 final)
   (
  1
  ) | 8 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 079/06 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 10 |
| 2011/C 079/07 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 15 |
| 2011/C 079/08 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 18 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 079/02

Euro exchange rates

4

2011/C 079/03

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 26 November 2010 concerning a draft decision in Case COMP/39.398 — VISA MIF — Rapporteur: Malta

5

2011/C 079/04

Final report of the Hearing Officer — Commitments Decision in Case COMP/39.398 — VISA MIF

6

2011/C 079/05

Summary of Commission Decision of 8 December 2010 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/39.398 — VISA MIF) (notified under document C(2010) 8760 final)
   (
  1
  )

(notified under document C(2010) 8760 final)

1

8

NOTICES FROM MEMBER STATES

2011/C 079/06

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

10

2011/C 079/07

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

15

2011/C 079/08

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

18

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2011/C 079/09 | Notice of the impending expiry of certain anti-dumping measures | 20 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 079/10 | Prior notification of a concentration (Case COMP/M.6066 — Kia Motors Europe/Kia Motor SPA) — Candidate case for simplified procedure (
  1
  ) | 21 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2011/C 079/09

Notice of the impending expiry of certain anti-dumping measures

20

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 079/10

Prior notification of a concentration (Case COMP/M.6066 — Kia Motors Europe/Kia Motor SPA) — Candidate case for simplified procedure (
  1
  )

1

21

| | Corrigenda |
| --- | --- |
| 2011/C 079/11 | Corrigendum to authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections (OJ C 269, 5.10.2010) | 22 |

Corrigenda

2011/C 079/11

Corrigendum to authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections (OJ C 269, 5.10.2010)

22

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 12.3.2011 | EN | Official Journal of the European Union | C 79/1 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/1

---

State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union where the Member State concerned has accepted those measures

(Text with EEA relevance)

2011/C 79/01

| Date of adoption of the decision | 20.7.2010 |
| --- | --- |
| Reference number of State Aid | E 4/08 |
| Member State | Sweden |
| Region | — |
| Title (and/or name of the beneficiary) | Presstöd |
| Legal basis | Presstödsförordningen (1990:524) |
| Type of measure | Aid scheme |
| Objective | Media pluralism |
| Form of aid | Direct grant |
| Budget | — |
| Intensity | — |
| Duration (period) | 31.12.2016 |
| Economic sectors | Media |
| Name and address of the granting authority | Presstödsnämnden |
| Other information | The Commission notes Sweden's acceptance of the appropriate measures proposed with a view to make the press aid measures compatible with the internal market. It accepts that these measures will enter into force on 1 January 2011. |

Date of adoption of the decision

20.7.2010

Reference number of State Aid

E 4/08

Member State

Sweden

Region

—

Title (and/or name of the beneficiary)

Presstöd

Legal basis

Presstödsförordningen (1990:524)

Type of measure

Aid scheme

Objective

Media pluralism

Form of aid

Direct grant

Budget

—

Intensity

—

Duration (period)

31.12.2016

Economic sectors

Media

Name and address of the granting authority

Presstödsnämnden

Other information

The Commission notes Sweden's acceptance of the appropriate measures proposed with a view to make the press aid measures compatible with the internal market. It accepts that these measures will enter into force on 1 January 2011.

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

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

| Date of adoption of the decision | 1.12.2010 |
| --- | --- |
| Reference number of State Aid | N 481/10 |
| Member State | Germany |
| Region | Brandenburg |
| Title (and/or name of the beneficiary) | R&D and YIE Scheme Brandenburg |
| Legal basis | Richtlinie des Ministeriums für Wirtschaft zur Föderung von Forschungs- und Entwicklungsvorhaben im Land Brandenburg — Große Richtlinie |
| Type of measure | Aid scheme |
| Objective | Research and development, Innovation |
| Form of aid | — |
| Budget | Annual budget: EUR 25 million
  Overall budget: EUR 100 million |
| Intensity | 80 % |
| Duration (period) | until 31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Investitionsbank des Landes Brandenburg (ILB) |
| Steinstraße 104-106 |
| 14480 Potsdam |
| DEUTSCHLAND |

Date of adoption of the decision

1.12.2010

Reference number of State Aid

N 481/10

Member State

Germany

Region

Brandenburg

Title (and/or name of the beneficiary)

R&D and YIE Scheme Brandenburg

Legal basis

Richtlinie des Ministeriums für Wirtschaft zur Föderung von Forschungs- und Entwicklungsvorhaben im Land Brandenburg — Große Richtlinie

Type of measure

Aid scheme

Objective

Research and development, Innovation

Form of aid

—

Budget

Annual budget: EUR 25 million

Overall budget: EUR 100 million

Intensity

80 %

Duration (period)

until 31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Investitionsbank des Landes Brandenburg (ILB)

Steinstraße 104-106

14480 Potsdam

DEUTSCHLAND

Other information

—

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

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

| Date of adoption of the decision | 16.12.2010 |
| --- | --- |
| Reference number of State Aid | N 520/10 |
| Member State | Sweden |
| Region | Västra Götaland |
| Title (and/or name of the beneficiary) | State guarantee in favour of Volvo Personvagnar AB |
| Legal basis | Förordning (1988:764) om statligt stöd till näringslivet Garantiförordning (1997:1006) Regeringens proposition 2008/2009:95 |
| Type of measure | Individual aid |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Guarantee |
| Budget | Overall budget: EUR 500 million |
| Intensity | — |
| Duration (period) | 2010-2020 |
| Economic sectors | Motor vehicles |
| Name and address of the granting authority | Swedish National Debt Office (Riksgäldskontoret) |
| Other information | — |

Date of adoption of the decision

16.12.2010

Reference number of State Aid

N 520/10

Member State

Sweden

Region

Västra Götaland

Title (and/or name of the beneficiary)

State guarantee in favour of Volvo Personvagnar AB

Legal basis

Förordning (1988:764) om statligt stöd till näringslivet Garantiförordning (1997:1006) Regeringens proposition 2008/2009:95

Type of measure

Individual aid

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee

Budget

Overall budget: EUR 500 million

Intensity

—

Duration (period)

2010-2020

Economic sectors

Motor vehicles

Name and address of the granting authority

Swedish National Debt Office (Riksgäldskontoret)

Other information

—

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

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

| Date of adoption of the decision | 6.1.2011 |
| --- | --- |
| Reference number of State Aid | N 542/10 |
| Member State | Poland |
| Region | Województwo podlaskie, warmińsko-mazurskie, mazowieckie, lubelskie |
| Title (and/or name of the beneficiary) | Budowa transgranicznego elektroenergetycznego połączenia międzysystemowego Polska–Litwa |
| Legal basis | Ustawa z dnia 6 grudnia 2006 r. o zasadach prowadzenia polityki rozwoju; Program Operacyjny Infrastruktura i Środowisko, Narodowe Strategiczne Ramy Odniesienia 2007–2013; Program Operacyjny Infrastruktura i Środowisko, Narodowe Strategiczne Ramy Odniesienia 2007–2013, Szczegółowy opis priorytetów, Działanie 10.1; Lista indywidualnych projektów kluczowych dla Programu Operacyjnego Infrastruktura i Środowisko. |
| Type of measure | Individual aid |
| Objective | Sectoral development, Execution of important projects of common European interest |
| Form of aid | Direct grant |
| Budget | Overall budget: PLN 1 246,7 million |
| Intensity | 57 % |
| Duration (period) | 2010-2015 |
| Economic sectors | Electricity, gas and water supply |
| Name and address of the granting authority | Instytut Nafty i Gazu |
| ul. Lubicz 25A |
| 31-503 Kraków |
| POLSKA/POLAND |

Date of adoption of the decision

6.1.2011

Reference number of State Aid

N 542/10

Member State

Poland

Region

Województwo podlaskie, warmińsko-mazurskie, mazowieckie, lubelskie

Title (and/or name of the beneficiary)

Budowa transgranicznego elektroenergetycznego połączenia międzysystemowego Polska–Litwa

Legal basis

Ustawa z dnia 6 grudnia 2006 r. o zasadach prowadzenia polityki rozwoju; Program Operacyjny Infrastruktura i Środowisko, Narodowe Strategiczne Ramy Odniesienia 2007–2013; Program Operacyjny Infrastruktura i Środowisko, Narodowe Strategiczne Ramy Odniesienia 2007–2013, Szczegółowy opis priorytetów, Działanie 10.1; Lista indywidualnych projektów kluczowych dla Programu Operacyjnego Infrastruktura i Środowisko.

Type of measure

Individual aid

Objective

Sectoral development, Execution of important projects of common European interest

Form of aid

Direct grant

Budget

Overall budget: PLN 1 246,7 million

Intensity

57 %

Duration (period)

2010-2015

Economic sectors

Electricity, gas and water supply

Name and address of the granting authority

Instytut Nafty i Gazu

ul. Lubicz 25A

31-503 Kraków

POLSKA/POLAND

Other information

—

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

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 12.3.2011 | EN | Official Journal of the European Union | C 79/4 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/4

---

Euro exchange rates (1)

11 March 2011

2011/C 79/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3773 |
| JPY | Japanese yen | 113,24 |
| DKK | Danish krone | 7,4582 |
| GBP | Pound sterling | 0,86120 |
| SEK | Swedish krona | 8,8130 |
| CHF | Swiss franc | 1,2842 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8055 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,335 |
| HUF | Hungarian forint | 272,80 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7067 |
| PLN | Polish zloty | 4,0412 |
| RON | Romanian leu | 4,1883 |
| TRY | Turkish lira | 2,1861 |
| AUD | Australian dollar | 1,3768 |
| CAD | Canadian dollar | 1,3488 |
| HKD | Hong Kong dollar | 10,7315 |
| NZD | New Zealand dollar | 1,8678 |
| SGD | Singapore dollar | 1,7540 |
| KRW | South Korean won | 1 552,50 |
| ZAR | South African rand | 9,5653 |
| CNY | Chinese yuan renminbi | 9,0551 |
| HRK | Croatian kuna | 7,3928 |
| IDR | Indonesian rupiah | 12 093,52 |
| MYR | Malaysian ringgit | 4,1891 |
| PHP | Philippine peso | 60,172 |
| RUB | Russian rouble | 39,5820 |
| THB | Thai baht | 41,953 |
| BRL | Brazilian real | 2,2915 |
| MXN | Mexican peso | 16,5368 |
| INR | Indian rupee | 62,3090 |

Currency

Exchange rate

USD

US dollar

1,3773

JPY

Japanese yen

113,24

DKK

Danish krone

7,4582

GBP

Pound sterling

0,86120

SEK

Swedish krona

8,8130

CHF

Swiss franc

1,2842

ISK

Iceland króna

NOK

Norwegian krone

7,8055

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,335

HUF

Hungarian forint

272,80

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7067

PLN

Polish zloty

4,0412

RON

Romanian leu

4,1883

TRY

Turkish lira

2,1861

AUD

Australian dollar

1,3768

CAD

Canadian dollar

1,3488

HKD

Hong Kong dollar

10,7315

NZD

New Zealand dollar

1,8678

SGD

Singapore dollar

1,7540

KRW

South Korean won

1 552,50

ZAR

South African rand

9,5653

CNY

Chinese yuan renminbi

9,0551

HRK

Croatian kuna

7,3928

IDR

Indonesian rupiah

12 093,52

MYR

Malaysian ringgit

4,1891

PHP

Philippine peso

60,172

RUB

Russian rouble

39,5820

THB

Thai baht

41,953

BRL

Brazilian real

2,2915

MXN

Mexican peso

16,5368

INR

Indian rupee

62,3090

---

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

---

| 12.3.2011 | EN | Official Journal of the European Union | C 79/5 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/5

---

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 26 November 2010 concerning a draft decision in Case COMP/39.398 — VISA MIF

Rapporteur: Malta

2011/C 79/03

| 1. | The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 8 November 2010 under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 8 November 2010 under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission that the proceedings concerning Visa Europe's immediate debit card MIFs can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the proceedings concerning Visa Europe's immediate debit card MIFs can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

| 3. | The Advisory Committee agrees with the Commission that the commitments offered by Visa Europe are suitable, necessary and proportionate and should be made legally binding on Visa Europe. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the commitments offered by Visa Europe are suitable, necessary and proportionate and should be made legally binding on Visa Europe.

| 4. | The Advisory Committee agrees with the Commission that, in light of the commitments offered by Visa Europe, there are no longer grounds for action by the Commission against Visa Europe's immediate debit card MIFs, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Visa Europe, there are no longer grounds for action by the Commission against Visa Europe's immediate debit card MIFs, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

| 5. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
| --- | --- |

5.

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

| 6. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

6.

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

---

| 12.3.2011 | EN | Official Journal of the European Union | C 79/6 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/6

---

Final report of the Hearing Officer (1)

Commitments Decision in Case COMP/39.398 — VISA MIF

2011/C 79/04

The draft commitments decision presented to the Commission pursuant to Article 9(1) of Regulation (EC) No 1/2003 relates to a part of Case COMP/39.398 — VISA MIF, which is currently being pursued by the Commission. In a Statement of Objections (‘SO’) dated 3 April 2009 addressed, inter alia, to Visa Europe Limited (‘Visa Europe’), the Commission came to the provisional conclusion that Visa Europe has infringed Article 101 TFEU and Article 53 EEA by setting multilaterally agreed interchange fees (‘MIFs’) applicable to cross-border and certain domestic point of sale transactions with debit, deferred debit and credit consumer payment cards within the EEA (‘the main proceedings’).

The draft decision only relates to the MIFs set by Visa Europe that apply to cross-border and certain domestic point of sale transactions with VISA, VISA Electron and V PAY consumer immediate debit payment cards within the EEA. Notably, it does not address the issue of Visa Europe's MIFs for consumer credit and deferred debit card transactions, which continue to be investigated by the Commission.

The Hearing Officer originally responsible for this case was Ms Karen Williams. Following my appointment as Hearing Officer as of 16 September 2010, I assumed responsibility for the case.

1.   Written and oral procedures

On 28 November 2006, the Commission opened an ex officio investigation of the MIFs applicable to cross-border and certain domestic point of sale transactions with VISA and V PAY consumer payment cards within the EEA. As a result of this investigation, the Commission initiated antitrust proceedings pursuant to Article 101 TFEU and Article 53 EEA on 6 March 2008, and an SO was subsequently addressed to Visa Europe on 3 April 2009.

On 15 June 2009, EuroCommerce lodged a complaint against Visa Europe arguing that the fees, set by Visa Europe and its member banks and imposed on retailers, constitute an infringement of EU competition law. EuroCommerce was admitted as a complainant in the main proceedings.

During the written procedure of the main proceedings, Visa Europe was given access to the file, and upon a reasoned request the then Hearing Officer granted an extension to respond to the SO to 30 July 2009. Visa Europe responded on time. Additional access to the file was requested by Visa Europe, to allow it to review evidence relating to the merchant and acquirer surveys conducted by the Commission during the investigative phase of the procedure. In response to confidentiality claims made by some data providers, a data room was set up at the Commission's premises from 28 September to 6 October 2009 to allow this access. Once the data room procedure had ended, a deadline was set for Visa Europe to submit a supplementary reply to the SO which, following a reasoned request, was extended to 30 October 2009. Visa Europe met this deadline.

Six interested third parties were admitted to the main proceedings. They were provided with information on the nature and subject matter of the procedure further to Article 13 of Commission Regulation (EC) No 773/2004 (2). Regarding MasterCard specifically, in its request to be admitted as an interested third party dated 23 November 2009, it requested a copy of the non-confidential version of the SO. This request was repeated on several occasions thereafter. I rejected MasterCard's request by means of a decision taken on 13 October 2010 in application of Article 8 of the Mandate, on the basis that Commission Regulation (EC) No 773/2004 clearly distinguishes between the status of a complainant and a third party: the former has the right to receive a copy of the non-confidential version of the Statement of Objections, whereas the latter only has the right to be informed in writing of the nature and subject matter of the procedure (3). Furthermore, in light of MasterCard's involvement in these proceedings, I consider that MasterCard was able to make its views known and exercise its rights as a third party.

In the main proceedings, Visa Europe alleged that its rights of defence have been violated due to the fact that, in its view, important and/or exculpatory evidence on the file has been withheld from it. It further alleged that it was obliged to reply to the SO before it had access to ‘key evidence’ on the Commission file. Visa Europe therefore requested the Hearing Officer to review the file in its entirety to establish whether any exculpatory evidence on it should have been disclosed to Visa Europe. By letter of 16 November 2009, the then Hearing Officer drew Visa Europe’s attention to the fact that it is for Competition DG and not the Hearing Officer to determine in the first instance whether evidence on the Commission file must be disclosed to a party. Visa Europe therefore addressed this issue to Competition DG. On 20 November 2009, Competition DG informed Visa Europe that the request that the evidence in the case file be reassessed could only be considered on the basis of more precise information justifying the request for each document, given the confidentiality interests of third parties regarding these documents. Visa Europe did not pursue this further. I therefore consider that its rights of defence have not been impaired.

All parties to the main proceedings exercised their right to be heard at an Oral Hearing, which took place on 30 November and 1 December 2009.

2.   Proposed draft commitments

Following the Oral Hearing in the main proceedings, Visa Europe proposed on 26 April 2010 a set of commitments concerning its intra-regional MIFs for consumer immediate debit payment cards, as well as certain other network rules.

On 28 May 2010, the Commission published a notice in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the proposed commitments and inviting third parties to submit observations on them within one month of its publication (4). A total of 13 observations were received, submitted by the complainant, other payment card schemes, payment institutions and merchant associations. The Commission informed Visa Europe of the observations received and, in light of these observations, Visa Europe submitted revised commitments on 10 September 2010. In essence, Visa Europe committed to capping the yearly weighted average cross-border MIFs applicable to consumer immediate debit card transactions, and proposed further commitments relating to certain network rules.

By letter of 27 September 2010, the Commission informed EuroCommerce that the proposed revised commitments appeared to address the Commission's concerns as far as Visa Europe's immediate debit card MIFs were concerned (5). On 21 October 2010, EuroCommerce submitted observations on this letter.

The Commission has now come to the conclusion that, in view of the revised commitments, and without prejudice to Article 9(2) of Regulation (EC) No 1/2003, the proceedings, as far as Visa Europe's immediate debit card MIFs are concerned, should be brought to an end.

No queries or submissions have been made to the Hearing Officer in connection with the proposed commitments by Visa Europe, the complainant or any third parties.

In the light of the above, I consider that the right to be heard has been respected.

Brussels, 26 November 2010.

Wouter WILS

---

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

1

(2)  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. 18).

2

(3)  Articles 6(1) and 13(1).

3

(4)  OJ C 138, 28.5.2010, p. 34.

4

(5)  Pursuant to Commission Regulation (EC) No 773/2004, Article 7(1).

5

---

| 12.3.2011 | EN | Official Journal of the European Union | C 79/8 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/8

---

Summary of Commission Decision

of 8 December 2010

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/39.398 — VISA MIF)

(notified under document C(2010) 8760 final)

(Only the English text is authentic)

(Text with EEA relevance)

2011/C 79/05

On 8 December 2010, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union. 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) | The case concerns the multilateral interchange fees (‘MIFs’) set by Visa Europe limited (‘Visa Europe’), Visa Inc. and Visa International Services Association applicable to cross-border and certain domestic (2) point of sale transactions with VISA, VISA Electron and V PAY consumer payment cards within the EEA. |
| --- | --- |

(1)

The case concerns the multilateral interchange fees (‘MIFs’) set by Visa Europe limited (‘Visa Europe’), Visa Inc. and Visa International Services Association applicable to cross-border and certain domestic (2) point of sale transactions with VISA, VISA Electron and V PAY consumer payment cards within the EEA.

1.   PRELIMINARY COMPETITION CONCERNS

| (2) | On 3 April 2009, the Commission adopted a Statement of Objections against Visa Europe Limited (‘Visa Europe’), Visa Inc. and Visa International Services Association. The Statement of Objections constitutes a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

(2)

On 3 April 2009, the Commission adopted a Statement of Objections against Visa Europe Limited (‘Visa Europe’), Visa Inc. and Visa International Services Association. The Statement of Objections constitutes a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003.

| (3) | As regards Visa Europe, in the Statement of Objections the Commission came to the provisional conclusion that Visa Europe had infringed Article 101 of the Treaty and Article 53 of the EEA Agreement when setting the MIFs applicable to cross-border and certain domestic point of sale transactions with VISA, VISA Electron and V PAY consumer payment cards within the EEA. |
| --- | --- |

(3)

As regards Visa Europe, in the Statement of Objections the Commission came to the provisional conclusion that Visa Europe had infringed Article 101 of the Treaty and Article 53 of the EEA Agreement when setting the MIFs applicable to cross-border and certain domestic point of sale transactions with VISA, VISA Electron and V PAY consumer payment cards within the EEA.

| (4) | Interchange fees are in effect paid by a merchant's bank (‘acquirer’) to a cardholder's bank (‘issuer’) for each transaction made at a merchant outlet with a payment card. When a cardholder uses a payment card to buy goods or services from a merchant, the merchant in effect pays a merchant service charge to its acquirer. The acquirer keeps part of this charge (the acquirer's margin), part is passed on to the issuer (the MIF) and a small part is passed to the scheme operator (in this case Visa). In practice, a large part of the merchant service charge is determined by the MIF. |
| --- | --- |

(4)

Interchange fees are in effect paid by a merchant's bank (‘acquirer’) to a cardholder's bank (‘issuer’) for each transaction made at a merchant outlet with a payment card. When a cardholder uses a payment card to buy goods or services from a merchant, the merchant in effect pays a merchant service charge to its acquirer. The acquirer keeps part of this charge (the acquirer's margin), part is passed on to the issuer (the MIF) and a small part is passed to the scheme operator (in this case Visa). In practice, a large part of the merchant service charge is determined by the MIF.

| (5) | The Statement of Objections expressed a concern that the MIFs have as their object and effect an appreciable restriction of competition in the acquiring markets to the detriment of merchants and indirectly their customers. The MIFs appeared to inflate the base on which acquirers set merchant service charges by creating an important cost element common to all acquirers. According to the Commission's preliminary view, Visa Europe's MIFs are not objectively necessary. The restrictive effect in the acquiring markets is further reinforced by the effect of the MIFs on the network and issuing markets as well as by other network rules and practices (Honour All Cards Rule (‘HACR’), No Discrimination Rule (‘NDR’), blending and application of different MIFs to cross-border as opposed to domestic acquirers). Furthermore, according to the Statement of Objections, the MIFs do not appear to meet the requirements for receiving an exception under Article 101(3) TFEU of producing efficiencies with a fair share of the resulting benefit being passed on to consumers. |
| --- | --- |

(5)

The Statement of Objections expressed a concern that the MIFs have as their object and effect an appreciable restriction of competition in the acquiring markets to the detriment of merchants and indirectly their customers. The MIFs appeared to inflate the base on which acquirers set merchant service charges by creating an important cost element common to all acquirers. According to the Commission's preliminary view, Visa Europe's MIFs are not objectively necessary. The restrictive effect in the acquiring markets is further reinforced by the effect of the MIFs on the network and issuing markets as well as by other network rules and practices (Honour All Cards Rule (‘HACR’), No Discrimination Rule (‘NDR’), blending and application of different MIFs to cross-border as opposed to domestic acquirers). Furthermore, according to the Statement of Objections, the MIFs do not appear to meet the requirements for receiving an exception under Article 101(3) TFEU of producing efficiencies with a fair share of the resulting benefit being passed on to consumers.

2.   COMMITMENT DECISION

| (6) | Visa Europe offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003 to meet the Commission’s competition concerns in the segment of immediate debit cards. |
| --- | --- |

(6)

Visa Europe offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003 to meet the Commission’s competition concerns in the segment of immediate debit cards.

| (7) | On 28 May 2010 a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the proposed commitments and inviting interested third parties to give their observations on the commitments within one month following publication. On 23 July 2010 the Commission informed Visa Europe of the observations received from interested third parties following the publication of the notice. On 10 September 2010, Visa Europe submitted revised commitments. |
| --- | --- |

(7)

On 28 May 2010 a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the proposed commitments and inviting interested third parties to give their observations on the commitments within one month following publication. On 23 July 2010 the Commission informed Visa Europe of the observations received from interested third parties following the publication of the notice. On 10 September 2010, Visa Europe submitted revised commitments.

| (8) | By decision of 8 December 2010, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the revised commitments binding on Visa Europe for four years. The main content of the commitments is summarised below.






  (a) | Visa Europe commits to cap its yearly weighted average cross-border MIFs applicable to transactions with its consumer immediate debit cards at 20 basis points (0,2 %) two months following the notification of the commitment decision to Visa Europe. The cap will also apply separately in each of those EEA countries for which Visa Europe directly sets specific domestic consumer immediate debit MIF rates and in those EEA countries where the cross-border MIF rates apply in the absence of other MIFs. |
| --- | --- | --- |

(8)

By decision of 8 December 2010, pursuant to Article 9 of Regulation (EC) No 1/2003, the Commission made the revised commitments binding on Visa Europe for four years. The main content of the commitments is summarised below.

(a)

Visa Europe commits to cap its yearly weighted average cross-border MIFs applicable to transactions with its consumer immediate debit cards at 20 basis points (0,2 %) two months following the notification of the commitment decision to Visa Europe. The cap will also apply separately in each of those EEA countries for which Visa Europe directly sets specific domestic consumer immediate debit MIF rates and in those EEA countries where the cross-border MIF rates apply in the absence of other MIFs.

| (b) | The weighted average cap can be modified by the Commission in agreement with Visa Europe if more reliable data for calculating the Immediate Debit weighted average MIF rate based on the Merchant Indifference Test (‘MIT’) becomes available, for example following the completion of the Commission's study on costs and benefits to merchants of accepting different payment methods. |
| --- | --- |

(b)

The weighted average cap can be modified by the Commission in agreement with Visa Europe if more reliable data for calculating the Immediate Debit weighted average MIF rate based on the Merchant Indifference Test (‘MIT’) becomes available, for example following the completion of the Commission's study on costs and benefits to merchants of accepting different payment methods.

| (c) | In addition, Visa Europe commits to continue to implement and to further improve the transparency measures that were introduced by the Visa Europe Board in March 2009. In particular, the commitments provide for the unblending of merchant service charges, the registration and publication of all MIF rates, the full visibility and the electronic identification of commercial cards, the unbundling of acquirers, and the possibility for merchants to freely choose to accept VISA, VISA Electron, or VPAY debit cards (separate HACR for VISA, VISA Electron and V PAY cards). |
| --- | --- |

(c)

In addition, Visa Europe commits to continue to implement and to further improve the transparency measures that were introduced by the Visa Europe Board in March 2009. In particular, the commitments provide for the unblending of merchant service charges, the registration and publication of all MIF rates, the full visibility and the electronic identification of commercial cards, the unbundling of acquirers, and the possibility for merchants to freely choose to accept VISA, VISA Electron, or VPAY debit cards (separate HACR for VISA, VISA Electron and V PAY cards).

| (d) | Visa Europe shall appoint a Monitoring Trustee to monitor Visa Europe’s compliance with the commitments. Before appointment, the Commission shall have the power to approve or reject the proposed Trustee. |
| --- | --- |

(d)

Visa Europe shall appoint a Monitoring Trustee to monitor Visa Europe’s compliance with the commitments. Before appointment, the Commission shall have the power to approve or reject the proposed Trustee.

| (9) | The weighted average immediate debit card MIF cap provided for in the commitments was assessed under the MIT. The decision finds that the commitments are appropriate and necessary to address the concerns identified in the Statement of Objections without being disproportionate. |
| --- | --- |

(9)

The weighted average immediate debit card MIF cap provided for in the commitments was assessed under the MIT. The decision finds that the commitments are appropriate and necessary to address the concerns identified in the Statement of Objections without being disproportionate.

| (10) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the adoption of the decision on 26 November 2010. On the same date, the Hearing Officer issued his final report. |
| --- | --- |

(10)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the adoption of the decision on 26 November 2010. On the same date, the Hearing Officer issued his final report.

| (11) | The decision brought the proceedings to an end insofar as Visa Europe's MIFs for consumer immediate debit payment card transactions are concerned. The decision, however, does not cover Visa Europe's MIFs for consumer credit and deferred debit card transactions, which the Commission will continue to investigate. The decision is also without prejudice to the right of the Commission to initiate or continue proceedings against other Visa network rules, such as the HACR, Visa Europe's MIFs for commercial card transactions, or the Inter-Regional MIFs. |
| --- | --- |

(11)

The decision brought the proceedings to an end insofar as Visa Europe's MIFs for consumer immediate debit payment card transactions are concerned. The decision, however, does not cover Visa Europe's MIFs for consumer credit and deferred debit card transactions, which the Commission will continue to investigate. The decision is also without prejudice to the right of the Commission to initiate or continue proceedings against other Visa network rules, such as the HACR, Visa Europe's MIFs for commercial card transactions, or the Inter-Regional MIFs.

---

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

(2)  Currently, domestic MIF rates are set by Visa Europe in nine countries. In the remaining EEA countries, domestic MIF rates are set by Visa Europe's members.

---

NOTICES FROM MEMBER STATES

| 12.3.2011 | EN | Official Journal of the European Union | C 79/10 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/10

---

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

2011/C 79/06

Aid No: XA 157/10

Member State: France

Region: Département de la Moselle

Title of aid scheme or name of company receiving an individual aid: Aides aux investissements collectifs en CUMA (coopératives d'utilisation de matériel agricole)

Legal basis: Articles L 1511-2 et L 1511-5 du code général des collectivités territoriales.

Projet de délibération du Conseil général de la Moselle.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Maximum of EUR 400 000, according to need and depending on the budgetary means available

Maximum aid intensity:

| | Beneficiaries other than young farmers
  (percentage of young farmers in the CUMA (cooperative for the use of agricultural equipment) below or equal to 70 %) | Young farmers (1)

  (percentage of young farmers above or equal to 70 %) |
| --- | --- | --- |
| Less-favoured areas + protected development areas | 30 % | 40 % |
| Plain areas | 20 % | 30 % |

Beneficiaries other than young farmers

(percentage of young farmers in the CUMA (cooperative for the use of agricultural equipment) below or equal to 70 %)

Young farmers (1)

(percentage of young farmers above or equal to 70 %)

Less-favoured areas + protected development areas

30 %

40 %

Plain areas

20 %

30 %

The amount of aid should not exceed the maximum aid intensity allowed.

Date of implementation: From the date of publication of the registration number for the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development and subject to the corresponding funds being available

Duration of scheme or individual aid award: Three years from the date of acknowledgement of receipt by the Commission (subject to the corresponding funds being available)

Objective of aid: The objective of this aid scheme is environmental protection, within the meaning of Article 4(3)(d) of Commission Regulation (EC) No 1857/2006 of 15 December 2006.

List of eligible agricultural equipment for environmental purposes:

grass cultivation equipment: micro-granulated anti-slug seeders + fine combed harrows, centrifugal or cereal seeders + rollers, specialised seeders for replanting or renovating,

equipment for adding organic material: compost spreaders, organic matter spreaders, manure spreaders, plant shredders and slurry vats with spreaders, manure spreading tables, tine and disc incorporators, rotary and pendulum muck spreaders, windrow turners for composting manure,

grass working equipment: mowers, windrowers, haymakers, bale-wrappers, presses, windrow turners,

feed making equipment: crushers, portable grinders and mixers (not self-propelled),

portable containment and weighing equipment.

Purchase of new agricultural equipment constitutes eligible expenditure. However, purchases simply to replace equipment and of vehicles such as tractors and sprayers are not eligible.

Furthermore, aid will be paid exclusively to:

farms whose size does not exceed that of an SME as defined in Community law (cf. Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008, OJ L 214, 9.8.2008),

farms that are enterprises active in the primary production of agricultural products,

and agricultural holdings that are not enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, 1.10.2004).

Sector(s) concerned: All the CUMA operating in the Moselle department irrespective of what their members produce

Name and address of the granting authority:

| Monsieur le Président du Conseil général de la Moselle |
| --- |
| Direction de l'environnement et de l'aménagement du territoire |
| Division de l'environnement et de l'espace rural (SAEN) |
| Hôtel du département |
| 1 rue du Pont Moreau |
| BP 11096 |
| 57036 Metz Cedex 1 |
| FRANCE |

Monsieur le Président du Conseil général de la Moselle

Direction de l'environnement et de l'aménagement du territoire

Division de l'environnement et de l'espace rural (SAEN)

Hôtel du département

1 rue du Pont Moreau

BP 11096

57036 Metz Cedex 1

FRANCE

Website: http://www.cg57.fr/SiteCollectionDocuments/LaMoselleEtVous/Agriculture/FichesUE/Reduction_des_couts_de_mecanisation_CUMA.pdf

Other information: To ensure strict compliance with the limits laid down in Community regulations for each type of aid, the level of aid will, where necessary, be reduced to the amount contributed by other public financial backers.

Aid will be restricted to CUMA (cooperatives for the use of agricultural equipment) that have not benefited from similar aid in the previous five years, with the exception of those that have paid off the balance of previous cases.

Aid No: XA 158/10

Member State: France

Region: Département de la Moselle

Title of aid scheme or name of company receiving an individual aid: Aide au remplacement (assistance technique).

Legal basis: Articles L 1511-2 et L 1511-5 du code général des collectivités territoriales.

Projet de délibération du Conseil général de la Moselle.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Maximum of EUR 40 000, according to need and depending on the budgetary means available

Maximum aid intensity: Flat rate of 12 % of a maximum cost of EUR 145 per day, for a maximum of 14 days, and EUR 910 per beneficiary per year

Date of implementation: From the date of publication of the registration number for the request for exemption on the website of the Commission’s Directorate-General for Agriculture and Rural Development and subject to the corresponding funds being available

Duration of scheme or individual aid award: Three years from the date of acknowledgement of receipt by the Commission (subject to the corresponding funds being available)

Objective of aid: The aim of this scheme will be to contribute to the costs (except replacement costs benefiting from tax credits) associated with replacing farmers on holdings due to ill health, accident, paternity or maternity leave.

In accordance with Article 15(3) of Regulation (EC) No 1857/2006, the aid shall be granted in kind by means of subsidised services and must not involve direct payments of money to farmers. All the conditions laid down in Article 15 of this Regulation will be met.

Furthermore, aid will be paid exclusively to:

farms whose size does not exceed that of an SME as defined in Community law (cf. Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008, OJ L 214, 9.8.2008),

farms that are enterprises active in the primary production of agricultural products,

and agricultural holdings that are not enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, 1.10.2004).

Sector(s) concerned: All farms operating on the territory of the Moselle department (farmers or groups of farmers)

Name and address of the granting authority:

| Monsieur le Président du Conseil général de la Moselle |
| --- |
| Direction de l'environnement et de l'aménagement du territoire |
| Division de l'environnement et de l'espace rural (SAEN) |
| Hôtel du département |
| 1 rue du Pont Moreau |
| BP 11096 |
| 57036 Metz Cedex 1 |
| FRANCE |

Monsieur le Président du Conseil général de la Moselle

Direction de l'environnement et de l'aménagement du territoire

Division de l'environnement et de l'espace rural (SAEN)

Hôtel du département

1 rue du Pont Moreau

BP 11096

57036 Metz Cedex 1

FRANCE

Website: http://www.cg57.fr/SiteCollectionDocuments/LaMoselleEtVous/Agriculture/FichesUE/aide_au_remplacement_AT.pdf

Other information: The level of aid may, where necessary, be reduced to the amount contributed by other public financial backers.

Aid No: XA 159/10

Member State: France

Region: Département de la Moselle

Title of aid scheme or name of company receiving an individual aid: Programme de génomique, bio-informatique et audit de reproduction.

Legal basis: Articles L 1511-2 et L 1511-5 du code général des collectivités territoriales.

Projet de délibération du Conseil général de la Moselle.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Maximum expenditure of EUR 125 000 per year, according to need and depending on the budgetary funds available

Maximum aid intensity: Genotype:

40 % of costs, with a ceiling of EUR 30 for taking blood samples,

40 % of costs, with a ceiling of EUR 71 for analysing and interpreting the results.

Reproduction audit and monitoring:

audit: 80 % of costs (100 % for young farmers), with EUR 270 per day for 80 days for a technical expert from ‘Eleveurs Mosellans’ (Moselle Stockbreeders),

monitoring equipment: 40 % of costs, with an eligible investment ceiling of EUR 5 000 per farm.

Aid amounts must not exceed the ceilings for public aid, namely 40 % for investment and 80 % (100 % for young farmers) for audit costs in the form of subsidised services, and these ceilings can be reduced depending on the amount contributed by other public financial backers.

Date of implementation: From the date of publication of the identification number of the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development

Duration of scheme or individual aid award: Three years from the date of acknowledgement of receipt by the Commission, subject to the corresponding funds being available

Objective of aid: This aid scheme falls under Articles 4, 15 and 16 of Commission Regulation (EC) No 1857/2006 of 15 December 2006.

Genomic and bioinformatic programme

Herd health status and animal welfare are key factors for herd management and sustainability. However, cattle breeders should reap the benefits of progress in genomics. The new tools for evaluating each animal's performance should allow farmers to develop a high quality herd and aim at achieving autonomy with regard to the purpose for which the animals are being farmed.

Reproduction audit

The reproduction audit should enable a reference network of volunteer stock breeders to be set up, using innovative methods for controlling the animals’ periods of fertility and monitoring pregnancies. With regard to animal health, the network's aim is to be guided by the saying ‘prevention is better than cure’, thus limiting the use of pharmaceutical products and reducing farm costs.

Tools and procedures in line with results have been designed to conduct experiments, collate the results and extrapolate conclusions on the basis of this data.

Aid will be restricted to farmers who have not benefited from similar aid in the previous five years and in respect of whom any previous agricultural aid cases have been cleared with the Conseil général de la Moselle (Moselle General Council)

Furthermore, aid will be paid exclusively to:

farms whose size does not exceed that of an SME as defined in Community law (cf. Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008, OJ L 214, 9.8.2008),

farms that are enterprises active in the primary production of agricultural products,

and agricultural holdings that are not enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, 1.10.2004).

Aid under Articles 15 and 16 of Regulation (EC) No 1857/2006 will be granted in kind in the form of subsidised services and must not involve any direct payments to producers.

Sector(s) concerned: Farmers or groups of farmers operating as SMEs on the territory of the Moselle department

Name and address of the granting authority:

| Monsieur le Président du Conseil général de la Moselle |
| --- |
| Direction de l'environnement et de l'aménagement du territoire |
| Division de l'environnement et de l'espace rural (SAEN) |
| Service de l'agriculture et des espaces naturels |
| Hôtel du département |
| 1 rue du Pont Moreau |
| BP 11096 |
| 57036 Metz Cedex 1 |
| FRANCE |

Monsieur le Président du Conseil général de la Moselle

Direction de l'environnement et de l'aménagement du territoire

Division de l'environnement et de l'espace rural (SAEN)

Service de l'agriculture et des espaces naturels

Hôtel du département

1 rue du Pont Moreau

BP 11096

57036 Metz Cedex 1

FRANCE

Website: http://www.cg57.fr/SiteCollectionDocuments/LaMoselleEtVous/Agriculture/FichesUE/programme_procreation_et_audit_reproduction.pdf

Other information: The level of aid may, where necessary, be reduced depending on the amount contributed by other public financial backers.

Aid No: XA 179/10

Member State: Netherlands

Region: Provincie Zuid-Holland (Zuid-Holland)

Title of aid scheme or name of company receiving an individual aid: Steunregeling: Projectsubsidies onderhoud landschapselementen

Legal basis: De Algemene subsidieverordening Zuid-Holland, art 3. Op basis hiervan is de Subsidieregeling landelijk gebied vastgesteld waarvan de subsidieparagraaf „Projectsubsidies onderhoud landschapselementen”, deel uit maakt. Deze subsidieparagraaf is momenteel ter kennisgeving aangeboden.

De genoemde documenten worden als volgt ontsloten:

Subsidieregeling landelijk gebied via e-loket: http://www.zuid-holland.nl/loket/c_content-alle_subsidieregelingen.htm

Subsidieparagraaf Projectsubsidies onderhoud landschapselementen: http://www.zuid-holland.nl/staten_informatie_systeem/Provinciale_bladen/2010/opendocument.htm?llpos=210681892&llvol=-2000

Zie voorts doelstelling van de steun.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: For 2011 the subsidy limit for this scheme will be set at EUR 116 108. A new subsidy limit will be determined annually.

Maximum aid intensity: At most 100 % of the eligible costs; in accordance with Article 5(2) of Regulation (EC) No 1857/2006, a maximum of EUR 10 000 a year may be granted to the recipient. Under Article 5(2) the aid intensity is 100 % and can in fact be more than EUR 10 000, but the compensation for the costs of the work undertaken by the farmer can be at most EUR 10 000 a year. Aid can therefore be granted both for conservation of traditional landscapes and buildings (100 %) and for work undertaken (up to EUR 10 000 a year).

Date of implementation: 13 October 2010, on the understanding that the scheme comes into operation on the day following that of its publication in the province's official gazette. The scheme enters into force only after publication of the summary information on the European Commission's website.

Duration of scheme or individual aid award: The provision in question is of indefinite duration (see the Annex to the notification). However, the provincial government sets the budget annually. For completeness: the term of an individual subsidy under the provision is six years from the date of the subsidy decision.

The scheme is opened annually for the submission of applications. The next opening is from 16 November 2010 to 15 January 2011.

Objective of aid: To ensure the conservation of existing landscape features characteristic of South Holland:

the eligible activities are indicated in the Nature Management Plan and in Chapter 4 of the Nature and Landscape Index based on it (see following link — the documents are to be found in the document window): http://www.zuid-holland.nl/overzicht_alle_themas/thema_bodem_landelijkgebied/content_natuur/natuurbeheer.htm

the eligible costs are laid down in the Tarievenbesluit (decision on charges), to be found in the Annex to the notification under Documenten: ‘tekst publicatie provinciaal blad openstelling.doc’.

Activities under Article 5(3) of the Regulation are not subsidised.

Sector(s) concerned: Agriculture, applicable to small and medium-sized agricultural holdings active in the primary production of agricultural products

Name and address of the granting authority:

| Provincie Zuid-Holland |
| --- |
| Postbus 90602 |
| 2509 LP Den Haag |
| NEDERLAND |

Provincie Zuid-Holland

Postbus 90602

2509 LP Den Haag

NEDERLAND

Website: http://www.zuidholand.nl/staten_informatie_systeem/Provinciale_bladen/2010/opendocument.htm?llpos=210681892&llvol=-2000

Other information: —

Aid No: XA 181/10

Member State: Denmark

Region: —

Title of aid scheme or name of company receiving an individual aid: Vækstkaution.

Legal basis: Lovbekendtgørelse nr. 549 af den 1. juli 2002 (med ændringer), bekendtgørelse nr. 1013 af den 17. august 2007, samt ændringsbekendtgørelse nr. 237 af den 17. marts 2010, samt Finansudvalgets bevilling.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Aid in the form of guarantees. The total amount available under the aid scheme is DKK 300 million. The scheme concerns the primary sectors and related industries, and the amount referred to represents the overall costs of the scheme. The guarantees cover up to a maximum of 75 % of the loan amount for each company, up to a ceiling of DKK 10 million. The method used to calculate the grant equivalent of the guarantee scheme was notified to and approved by the Commission under aid N 682/09.

Maximum aid intensity:

| | Average aid intensity: 15,23 % of the guarantee |
| --- | --- |

Average aid intensity: 15,23 % of the guarantee

| | Maximum aid intensity: 19,02 % of the guarantee |
| --- | --- |

Maximum aid intensity: 19,02 % of the guarantee

Date of implementation: The day following the European Commission's publication of the summary information on the Internet

Duration of scheme or individual aid award: Until 31 December 2010

Objective of aid: Article 4

Sector(s) concerned: Agriculture, horticulture, fruit-growing; no particular restrictions apply regarding the nature of production

Name and address of the granting authority:

| Vækstfonden |
| --- |
| Strandvejen 104 A |
| 2900 Hellerup |
| DANMARK |

Vækstfonden

Strandvejen 104 A

2900 Hellerup

DANMARK

Website:

| | http://www.vf.dk/OmVaekstfonden/~/media/Files/Bekendtgoerelsen%20%20%20Retsinformation.ashx |
| --- | --- |

http://www.vf.dk/OmVaekstfonden/~/media/Files/Bekendtgoerelsen%20%20%20Retsinformation.ashx

| | http://www.vf.dk/OmVaekstfonden/~/media/Files/underskrevne%20bekendtgoerelse.ashx |
| --- | --- |

http://www.vf.dk/OmVaekstfonden/~/media/Files/underskrevne%20bekendtgoerelse.ashx

| | http://www.vf.dk/OmVaekstfonden/~/media/Files/Lov%20nr%20549%20af%20den%202%20juli%202002%20%20m%20som%20aendret%20%20tom%202009.ashx |
| --- | --- |

http://www.vf.dk/OmVaekstfonden/~/media/Files/Lov%20nr%20549%20af%20den%202%20juli%202002%20%20m%20som%20aendret%20%20tom%202009.ashx

| | http://www.vf.dk/OmVaekstfonden/~/media/Files/Aktstykke.ashx |
| --- | --- |

http://www.vf.dk/OmVaekstfonden/~/media/Files/Aktstykke.ashx

Other information: —

---

(1)  The supplementary aid rates for young farmers, within the meaning of Article 2(11) of the Agricultural Exemption Regulation, is reserved for investments made by young farmers within five years of their establishment.

---

| 12.3.2011 | EN | Official Journal of the European Union | C 79/15 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/15

---

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

2011/C 79/07

Aid No: XA 189/10

Member State: The Netherlands

Region: Provincie Overijssel

Title of aid scheme or name of company receiving an individual aid: Uitvoeringsbesluit Subsidies Overijssel 2007 (UBS 2007), paragraaf 8.34 Stimulering toepassing stikstofemissiebeperkende maatregelen en technieken op landbouwbedrijven in het kader van Natura 2000.

Legal basis: Wet inrichting landelijk gebied,

Algemene Wet Bestuursrecht

Algemene Subsidieverordening Overijssel 2005 en PS-besluit van 11 oktober 2006, kenmerk PS/2006/760 (PS hebben op grond van artikel 11, lid 4 van de Wet inrichting landelijk gebied de bevoegdheid tot het vaststellen van steunmaatregelen ten laste van het investeringsbudget overgedragen aan GS).

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Overall planned expenditure is EUR 20 million for the 2010-2016 period.

Maximum aid intensity:

| 1. | Investment measures (Article 4):






  — | 40 % of the costs up to EUR 400 000 per undertaking over a period of three financial years, starting from the date of the decision in favour of investments in measures for limiting nitrogen emissions on agricultural holdings in order for these undertakings to generate lower nitrogen emissions than those required by national legislation (Section 8.34, Article 8.149(2) UBS 2007), |
| --- | --- | --- |

1.

Investment measures (Article 4):

—

40 % of the costs up to EUR 400 000 per undertaking over a period of three financial years, starting from the date of the decision in favour of investments in measures for limiting nitrogen emissions on agricultural holdings in order for these undertakings to generate lower nitrogen emissions than those required by national legislation (Section 8.34, Article 8.149(2) UBS 2007),

| — | 60 % of eligible costs up to EUR 400 000,00 per undertaking over a period of three financial years, starting from the date of the decision in favour of investments in measures for limiting nitrogen emissions leading to additional costs in relation to environmental protection and not resulting in an increase in production capacity (Section 8.34, Article 8.149(3) UBS 2007). |
| --- | --- |

—

60 % of eligible costs up to EUR 400 000,00 per undertaking over a period of three financial years, starting from the date of the decision in favour of investments in measures for limiting nitrogen emissions leading to additional costs in relation to environmental protection and not resulting in an increase in production capacity (Section 8.34, Article 8.149(3) UBS 2007).

| 2. | Technical support (Article 15):






  — | 75 % of eligible costs for projects in favour of knowledge development and the dissemination of knowledge in relation to techniques and methods for reducing nitrogen emissions from agricultural holdings (Section 8.34, Article 8.149(1) UBS 2007). |
| --- | --- | --- |

2.

Technical support (Article 15):

—

75 % of eligible costs for projects in favour of knowledge development and the dissemination of knowledge in relation to techniques and methods for reducing nitrogen emissions from agricultural holdings (Section 8.34, Article 8.149(1) UBS 2007).

In accordance with Article 15(3) of Regulation (EC) No 1857/2006 (OJ L 358, 16.12.2006, p. 3), aid for technical support is granted in kind by means of subsidised services.

Date of implementation: Implementation will start after publication in the Official Journal of the European Union, as set out in Article 20(1) of Commission Regulation (EC) No 1857/2006 (OJ L 358, 16.12.2006, p. 3).

Duration of scheme or individual aid award: From the day after publication in the Official Journal of the European Union, as set out in Article 20(1) of Commission Regulation (EC) No 1857/2006, until 31 December 2016.

Objective of aid: The reduction of nitrogen emissions from agricultural holdings in Overijssel.

To that end, the following Articles of Commission Regulation (EC) No 1857/2006 are being applied:

Article 4: Investment in agricultural holdings,

Article 15: Provision of technical support in the agricultural sector.

For the eligible costs, please refer to the section ‘Maximum aid intensity’.

Sector(s) concerned: The scheme applies to small and medium-sized enterprises in all sectors involved in the production of agricultural products.

Name and address of the granting authority:

| Gedeputeerde Staten van Overijssel |
| --- |
| Luttenbergstraat 2 |
| Postbus 10078 |
| 8000 GB Zwolle |
| NEDERLAND |

Gedeputeerde Staten van Overijssel

Luttenbergstraat 2

Postbus 10078

8000 GB Zwolle

NEDERLAND

Website: http://www.overijssel.nl/loket/subsidies/uitvoeringsbesluit

You can consult the full text of the subsidy scheme (Section 8.34 UBS) through the above link. Do not click on the link, but simply copy the address in the Windows Internet Explorer toolbar.

Other information: —

Aid No: XA 192/10

Member State: France

Region: These actions can also be funded by those local authorities (regional and general councils) that so wish, provided the conditions for the intervention of the French agricultural risk management fund (FNGRA) and the ceilings set by the Rural Code and Maritime Fishing Code are complied with.

Title of aid scheme or name of company receiving an individual aid: Indemnisation par le Fonds national de gestion des risques en agriculture (FNGRA) et par les collectivités territoriales des dommages causés aux exploitations agricoles par les calamités.

Legal basis: Article L 361-5 du code rural et de la pêche maritime.

Articles L 1511-1 et suivants du code général des collectivités territoriales.

Arrêté interministériel du 29 décembre 2010 fixant la liste des risques considérés comme assurables pour la gestion du Fonds national de gestion des risques en agriculture.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 360 million:

EUR 180 million from the Fund and EUR 180 million from regional or local authorities; expenditure is usually multi-annual. However, the amount of expenditure depends on the scale of the climatic disaster: it is therefore, by definition, unforeseeable.

Maximum aid intensity: Up to a maximum of 80 % (in an area that is not less-favoured) or 90 % (in a less-favoured area) combined aid from the French agricultural risk management fund (FNGRA) and a local or regional authority.

In accordance with Article 11(8) of the Regulation, the compensation offered must be reduced by 50 % unless it is given to farmers who have taken out insurance covering at least 50 % of their average annual production or production-related income and the statistically most frequent climatic risks in the region concerned.

Date of implementation: From the date of receipt of the acknowledgement of receipt showing the identification number of the measure and publication of the summary of the measure on the website of the European Commission’s Directorate-General for Agriculture and Rural Development

Duration of scheme or individual aid award: Until the end of 2013

Objective of aid: This scheme is submitted in the context of Article 11 of Commission Regulation (EC) No 1857/2006. It is intended to provide compensation for losses sustained by farmers due to exceptional adverse climatic events that have significantly affected agricultural production.

Where a climatic event of exceptional significance occurs, the prefect of the department concerned may, if they consider it necessary, order an enquiry to be carried out in order to obtain the necessary information on the event responsible for the loss, in particular regarding its exact nature, exceptional character and the damage observed.

On the basis of the enquiry and the opinion of the departmental committee of experts that they have called upon, the prefect asks if appropriate, for the event under consideration to be acknowledged as an agricultural disaster.

After considering the matter and obtaining an opinion from the National Insurance Committee, the Minister for Agriculture issues a decree acknowledging that an agricultural disaster has affected specific property and a specific area.

In order for an event to be acknowledged, a loss must be observed which is significant in comparison with the calculated reference value for a given area and a given production.

This reference value, called a scale (‘barème’) in the Rural Code, is drawn up at departmental level and corresponds to the yield over an average three-year period based on the five previous years, excluding the highest and the lowest values. The prices included in the scale are those observed locally for the crop in question during the season preceding that in which the scale was drawn up.

Losses that are officially recognised by the public authorities as caused by a natural disaster, must exceed 30 % (or 42 % if the production receives CAP coupled aid) of average annual production, within the conditions laid down by Article 2(8) of Regulation (EC) No 1857/2006.

The amount of losses eligible for compensation is reduced by any amount received under an insurance scheme and any costs not incurred as a result of the climatic event.

Any sectors that are known to be insurable, such as in particular insurable farm buildings, are not eligible for compensation from the French agricultural risk management fund (FNGRA), as there is already an appropriate insurance for them.

To be eligible for the agricultural natural disaster procedure, farmers must be able to prove that their main production facilities are insured (in particular indemnity insurance).

Aid is paid directly to each farmer concerned. It will be decided whether to grant the aid within a maximum of three years following the natural disaster and payments will be made within a maximum of four years.

Aid is granted within the limits of the available budget and is reserved for farms whose production losses are over 30 % (or 42 % in the case of CAP coupled aid) of average annual production.

Losses due to drought are eligible for compensation. To this end, the French authorities have ensured the implementation of Article 9 of the Framework Directive 2000/60/EC on water in the agricultural sector. To this end, they have adopted and applied Law No 2006-1772 of 30 December 2006 on water and aquatic environments to ensure the transposition of Article 9 of the above Directive in France. The provisions adopted provide for:

on the one hand, managing water use according to an analysis of what the resources and the environment can bear without suffering deterioration,

on the other, billing commensurate, by means of specific charges for agricultural activities, with the environmental costs of these activities.

Sector(s) concerned: All farms, with the exception of large undertakings, engaged in the primary production of agricultural products, that are not firms in difficulty within the meaning of the Community guidelines and that have suffered losses recognised as natural disasters

Name and address of the granting authority:

| Ministère de l'alimentation, de l'agriculture et de la pêche |
| --- |
| Direction générale des politiques agricole, agroalimentaire et des territoires |
| Sous-direction des entreprises agricoles — Bureau du crédit et de l’assurance |
| 3 rue Barbet de Jouy |
| 75349 Paris 07 SP |
| FRANCE |

Ministère de l'alimentation, de l'agriculture et de la pêche

Direction générale des politiques agricole, agroalimentaire et des territoires

Sous-direction des entreprises agricoles — Bureau du crédit et de l’assurance

3 rue Barbet de Jouy

75349 Paris 07 SP

FRANCE

Website: http://agriculture.gouv.fr/sections/thematiques/europe-international/aides-d-etatprojets/downloadFile/FichierAttache_2_f0/regimecalam16fev10_pour_site.pdf?nocache=1266389918.43 (go to: http://agriculture.gouv.fr/sections/thematiques/europe-international)

Other information: —

---

| 12.3.2011 | EN | Official Journal of the European Union | C 79/18 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/18

---

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

2011/C 79/08

Aid No: SA.31971 (2010/XA)

Member State: Italy

Region: Provincia Autonoma di Trento

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

Legal basis: Provincial level:

L.P. 4 del 28 marzo 2003«Sostegno dell’economia agricola, disciplina dell’agricoltura biologica e della contrassegnazione di prodotti geneticamente non modificati». Capo IX «Eventi calamitosi»; articolo 52 «Altri eventi naturali»,

deliberazione della Giunta provinciale n. 2362 del 15 ottobre 2010, con la quale sono state approvate le Direttive all’Azienda provinciale per i Servizi Sanitari per l’attuazione del Piano di controllo finalizzato all’eradicazione della Agalassia contagiosa negli allevamenti di soli caprini e negli allevamenti misti con prevalenza di animali caprini sugli ovini,

deliberazione n. 2623 del 19 novembre 2010 avente per oggetto: «Disciplina relativa alla concessione degli indennizzi per i danni agli allevamenti colpiti da “Micoplasma agalactiae” (Agalassia contagiosa)».

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The loss and the relevant public contribution were calculated on the basis of the data on the epidemic verified by the health authorities; on the basis of the data currently available to us and based on the aid scheme being valid until 31 December 2013, overall annual expenditure can be estimated at EUR 200 000.

Maximum aid intensity: Aid amounting to 90 % and 70 % of the estimated loss is provided for.

The aid provided for under the present scheme will be granted directly to the agricultural undertaking that has suffered the loss, i.e. that owns or has tenure of the slaughtered animals.

Date of implementation: The aid scheme will take effect from the date of publication of the exemption registration number on the DG AGRI website.

Duration of scheme or individual aid award: The aid may be granted until 31 December 2013.

Objective of aid: The objective of this aid scheme is to compensate the Province's farmers who are affected by cases of contagious agalactia for the value of the animal to be slaughtered, the loss of milk production and the associated costs of the precautionary farm quarantine period.

The aid comes within the scope of Article 10 of Regulation (EC) No 1857/2006.

Sector(s) concerned: NACE Code: A00122 (Farming of sheep, goats, horses, asses, mules and hinnies)

Name and address of the granting authority:

| Provincia Autonoma di Trento |
| --- |
| Servizio Aziende agricole e territorio rurale |
| Via G.B. Trener 3 |
| 38100 Trento TN |
| ITALIA |

Provincia Autonoma di Trento

Servizio Aziende agricole e territorio rurale

Via G.B. Trener 3

38100 Trento TN

ITALIA

Website:

| — | http://www.consiglio.provincia.tn.it/banche_dati/codice_provinciale/clex_ricerca_per_campi.it.asp (simply enter the number and the year of the provincial law you wish to consult) |
| --- | --- |

—

http://www.consiglio.provincia.tn.it/banche_dati/codice_provinciale/clex_ricerca_per_campi.it.asp (simply enter the number and the year of the provincial law you wish to consult)

| — | http://www.delibere.provincia.tn.it/ricerca_delibere.asp (simply enter the number and the year of the decision you wish to consult) |
| --- | --- |

—

http://www.delibere.provincia.tn.it/ricerca_delibere.asp (simply enter the number and the year of the decision you wish to consult)

Other information: The aid payments provided for under this scheme are made as part of a public programme for the prevention and control of epizootic diseases. In this regard, please note that Decision No 2362 of 15 October 2010 approved the Health Services’ instructions for the Province's undertakings updating the Control Plan designed to eradicate contagious agalactia in livestock units with goats only and in mixed livestock units with more goats than sheep.

Aid No: SA.32084 (2010/XA)

Member State: United Kingdom

Region: Scotland

Title of aid scheme or name of company receiving an individual aid: Cairngorms and Loch Lomond & The Trossachs National Park Authorities’ Provision of Technical Support

Legal basis: National Parks (Scotland) Act 2000

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The total expenditure of the scheme will be GBP 990 000.

Maximum aid intensity: 100 %

Date of implementation: The scheme will start on 1 January 2011. No money will be paid however until the Commission has agreed that the scheme can start.

Duration of scheme or individual aid award: The scheme will start on 1 January 2011 and close on 31 December 2013.

Objective of aid: The scheme will provide technical support to producers active in the National Parks’ location in line with the provisions allowed in Article 15. The scheme will respect the conditions and aid intensities allowed and will not include direct payment to producers but will be granted in kind by means of subsidised services.

Sector(s) concerned: The scheme applies to the small and medium-sized enterprises involved in the primary production of agricultural products.

Name and address of the granting authority:

| National Park H.Q |
| --- |
| Carrochan Road |
| Balloch |
| Scotland |
| G83 8EG |
| UNITED KINGDOM |

National Park H.Q

Carrochan Road

Balloch

Scotland

G83 8EG

UNITED KINGDOM

Website: http://www.lochlomond-trossachs.org/looking-after/support-for-land-managers/menu-id-653.html

Other information: —

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 12.3.2011 | EN | Official Journal of the European Union | C 79/20 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/20

---

Notice of the impending expiry of certain anti-dumping measures

2011/C 79/09

1.   The European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below, as provided for in Article 2 of Council Implementing Regulation (EU) No 54/2010 of 19 January 2010 imposing a definitive anti-dumping duty on imports of ethanolamines originating in the United States of America (1).

2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009 (3).

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Ethanolamines | USA | Anti-dumping duty | Council Implementing Regulation (EU) No 54/2010 (OJ L 17, 22.1.2010, p. 1) | 23.1.2012 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Ethanolamines

USA

Anti-dumping duty

Council Implementing Regulation (EU) No 54/2010 (OJ L 17, 22.1.2010, p. 1)

23.1.2012

---

(1)  OJ L 17, 22.1.2010, p. 1.

(2)  Fax +32 22956505.

(3)  OJ L 343, 22.12.2009, p. 51.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 12.3.2011 | EN | Official Journal of the European Union | C 79/21 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/21

---

Prior notification of a concentration

(Case COMP/M.6066 — Kia Motors Europe/Kia Motor SPA)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 79/10

| 1. | On 4 March 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Kia Motors Europe GmbH (‘KME’, Germany), indirectly controlled by Hyundai Motor Company (‘HMC’, Korea), acquires within the meaning of Article 3(1)(b) of the Merger Regulation the wholesale distribution business of Kia vehicles and related spare parts in Italy (‘the Business’, Italy), currently controlled by Kia Motors Italia SpA (‘KMI’, Italy), by way of purchase of shares. |
| --- | --- |

1.

On 4 March 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Kia Motors Europe GmbH (‘KME’, Germany), indirectly controlled by Hyundai Motor Company (‘HMC’, Korea), acquires within the meaning of Article 3(1)(b) of the Merger Regulation the wholesale distribution business of Kia vehicles and related spare parts in Italy (‘the Business’, Italy), currently controlled by Kia Motors Italia SpA (‘KMI’, Italy), by way of purchase of shares.

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






  — | for KME: distributor of Kia vehicles and spare parts in Europe, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for KME: distributor of Kia vehicles and spare parts in Europe,

| — | for HMC: global manufacturer of motor vehicles, |
| --- | --- |

—

for HMC: global manufacturer of motor vehicles,

| — | for the Business: import and distribution of Kia vehicles and spare parts in Italy. |
| --- | --- |

—

for the Business: import and distribution of Kia vehicles and spare parts in Italy.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6066 — Kia Motors Europe/Kia Motor SPA, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6066 — Kia Motors Europe/Kia Motor SPA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

---

Corrigenda

| 12.3.2011 | EN | Official Journal of the European Union | C 79/22 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 79/22

---

Corrigendum to authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections

(
  Official Journal of the European Union C 269 of 5 October 2010
  )

2011/C 79/11

On page 1, State aid N 339/09:

for:

| ‘Duration (period) | Until 31.12.2010’ |
| --- | --- |

‘Duration (period)

Until 31.12.2010’

read:

| ‘Duration (period) | Until 31.12.2012’ |
| --- | --- |

‘Duration (period)

Until 31.12.2012’

---