# Official Journal C 238/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 238 |
| | |
| English edition | Information and Notices | Volume 5723 July 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 238

English edition

Information and Notices

Volume 5723 July 2014

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2014/C 238/01 | Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annex to Council Regulation (EU) No 790/2014 of 22 July 2014) | 1 |
| 2014/C 238/02 | Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply | 3 |
| 2014/C 238/03 | Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria | 4 |
| 2014/C 238/04 | Notice for the attention of persons and entities subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria | 5 |
| 2014/C 238/05 | Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and in Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine | 6 |
| | European Commission |
| 2014/C 238/06 | Euro exchange rates | 7 |
| 2014/C 238/07 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 17 March 2014 regarding a draft decision relating to Case AT.39922 — Bearings — Rapporteur: Slovakia | 8 |
| 2014/C 238/08 | Final Report of the Hearing Officer — AT.39922 — Bearings | 9 |
| 2014/C 238/09 | Summary of Commission Decision of 19 March 2014 (Case AT.39922 — Bearings) (notified under document C(2014) 1788 final) | 10 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2014/C 238/10 | View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive practices and/or dominant positions of 17 March 2014 regarding a preliminary draft Commission decision in Case AT.39922 Bearings — Rapporteur: Slovakia | 13 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2014/C 238/01

Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annex to Council Regulation (EU) No 790/2014 of 22 July 2014)

1

2014/C 238/02

Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply

3

2014/C 238/03

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

4

2014/C 238/04

Notice for the attention of persons and entities subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

5

2014/C 238/05

Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and in Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

6

European Commission

2014/C 238/06

Euro exchange rates

7

2014/C 238/07

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 17 March 2014 regarding a draft decision relating to Case AT.39922 — Bearings — Rapporteur: Slovakia

8

2014/C 238/08

Final Report of the Hearing Officer — AT.39922 — Bearings

9

2014/C 238/09

Summary of Commission Decision of 19 March 2014 (Case AT.39922 — Bearings) (notified under document C(2014) 1788 final)

(notified under document C(2014) 1788 final)

10

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2014/C 238/10

View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive practices and/or dominant positions of 17 March 2014 regarding a preliminary draft Commission decision in Case AT.39922 Bearings — Rapporteur: Slovakia

13

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 23.7.2014 | EN | Official Journal of the European Union | C 238/1 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/1

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Notice for the attention of the persons, groups and entities on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

(see Annex to Council Regulation (EU) No 790/2014 of 22 July 2014)

2014/C 238/01

The following information is brought to the attention of the persons, groups and entities listed in Council Regulation (EU) No 790/2014 of 22 July 2014 (1).

The Council of the European Union has determined that the reasons for including the persons, groups and entities that appear on the abovementioned list of persons, groups and entities subject to the restrictive measures provided for under Council Regulation (EC) No 2580/2001 of 27 December 2001, on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (2), are still valid. Consequently, the Council has decided to maintain those persons, groups and entities on the list.

Council Regulation (EC) No 2580/2001 of 27 December 2001 provides for a freezing of all funds, other financial assets and economic resources belonging to the persons, groups and entities concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly.

The attention of the persons, groups and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as listed in the Annex to the Regulation in order to obtain an authorisation to use frozen funds for essential needs or specific payments in accordance with Article 5(2) of that Regulation.

The persons, groups and entities concerned may submit a request to obtain the Council’s statement of reasons for maintaining them on the abovementioned list (unless the statement of reasons has already been communicated to them), to the following address:

| Council of the European Union |
| --- |
| (Attn: CP 931 designations) |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

(Attn: CP 931 designations)

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The persons, groups and entities concerned may submit at any time a request to the Council, together with any supporting documentation, that the decision to include and maintain them on the list should be reconsidered, to the address provided above. Such requests will be considered when they are received. In this respect, the attention of the persons, groups and entities concerned is drawn to the regular review by the Council of the list according to Article 1(6) of Common Position 2001/931/CFSP. In order for requests to be considered at the next review, they should be submitted by 30 September 2014.

The attention of the persons, groups and entities concerned is also drawn to the possibility of challenging the Council’s Regulation before the General Court of the European Union, in accordance with the conditions laid down in Article 263(4) and (6) of the Treaty on the Functioning of the European Union.

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(1)  OJ L 217, 23.7.2014, p. 1.

(2)  OJ L 344, 28.12.2001, p. 70.

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| 23.7.2014 | EN | Official Journal of the European Union | C 238/3 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/3

---

Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply

2014/C 238/02

The following information is brought to the attention of the persons that appear in Annexes II and III to Council Decision 2012/285/CFSP (1) and in Annex I to Council Regulation (EU) No 377/2012 (2) concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau.

The Council of the European Union, after having reviewed the list of persons designated in the abovementioned Annexes, has determined that the restrictive measures provided for in Decision 2012/285/CFSP and in Regulation (EU) No 377/2012 should continue to apply to those persons.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 377/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, by 30 April 2015, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 5(2) of Decision 2012/285/CFSP and Article 11(4) of Regulation (EU) No 377/2012.

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(1)  OJ L 142, 1.6.2012, p. 36.

(2)  OJ L 119, 4.5.2012, p. 4.

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| 23.7.2014 | EN | Official Journal of the European Union | C 238/4 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/4

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

2014/C 238/03

The following information is brought to the attention of the persons and entities designated in Annex I to Council Decision 2013/255/CFSP, as implemented by Council Implementing Decision 2014/488/CFSP (1), and in Annex II to Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) No 793/2014 (2), concerning restrictive measures in view of the situation in Syria.

The Council of the European Union has decided that the persons and entities that appear in the abovementioned Annexes should be included in the list of persons and entities in Annex I to Decision 2013/255/CFSP and Annex II to Regulation (EU) No 36/2012. The grounds for designation of those persons and entities appear in the relevant entries in those Annexes.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IIa to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).

The persons and entities concerned may submit a request to the Council before 31 March 2015, together with supporting documentation that the decision to include them on the abovementioned list should be reconsidered to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

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(1)  OJ L 217, 23.7.2014, p. 49.

(2)  OJ L 217, 23.7.2014, p. 10.

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| 23.7.2014 | EN | Official Journal of the European Union | C 238/5 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/5

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Notice for the attention of persons and entities subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

2014/C 238/04

The following information is brought to the attention of the persons and entities designated in Annex I to Council Decision 2013/255/CFSP and in Annex II to Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.

The Council intends to amend the statement of reasons for Mr Mohammed Dib Zeitoun (listed as No 6 in Annex I to Council Decision 2013/255/CFSP and in Annex II to Council Regulation (EU) No 36/2012).

The person concerned is hereby informed that he may submit a request to the Council to obtain the intended statement of reason, before 22 August 2014, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

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| 23.7.2014 | EN | Official Journal of the European Union | C 238/6 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/6

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Notice for the attention of the persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and in Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

2014/C 238/05

The following information is brought to the attention of the persons and entities that are presently designated in the Annex to Council Decision 2014/145/CFSP and in Annex I to Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. The grounds for listing of those persons and entities appear in the relevant entries in those Annexes.

The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, before 22 August 2014, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with the third subparagraph of Article 6 of Decision 2014/145/CFSP and Article 14(4) of Regulation (EU) No 269/2014, of the list of designated persons and entities.

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European Commission

| 23.7.2014 | EN | Official Journal of the European Union | C 238/7 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/7

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Euro exchange rates (1)

22 July 2014

2014/C 238/06

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3481 |
| JPY | Japanese yen | 136,93 |
| DKK | Danish krone | 7,4567 |
| GBP | Pound sterling | 0,79050 |
| SEK | Swedish krona | 9,2414 |
| CHF | Swiss franc | 1,2151 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3440 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,485 |
| HUF | Hungarian forint | 309,63 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1473 |
| RON | Romanian leu | 4,4396 |
| TRY | Turkish lira | 2,8574 |
| AUD | Australian dollar | 1,4368 |
| CAD | Canadian dollar | 1,4502 |
| HKD | Hong Kong dollar | 10,4499 |
| NZD | New Zealand dollar | 1,5564 |
| SGD | Singapore dollar | 1,6730 |
| KRW | South Korean won | 1 382,35 |
| ZAR | South African rand | 14,3199 |
| CNY | Chinese yuan renminbi | 8,3655 |
| HRK | Croatian kuna | 7,6170 |
| IDR | Indonesian rupiah | 15 631,21 |
| MYR | Malaysian ringgit | 4,2805 |
| PHP | Philippine peso | 58,495 |
| RUB | Russian rouble | 47,0830 |
| THB | Thai baht | 42,867 |
| BRL | Brazilian real | 2,9966 |
| MXN | Mexican peso | 17,4926 |
| INR | Indian rupee | 81,1826 |

Currency

Exchange rate

USD

US dollar

1,3481

JPY

Japanese yen

136,93

DKK

Danish krone

7,4567

GBP

Pound sterling

0,79050

SEK

Swedish krona

9,2414

CHF

Swiss franc

1,2151

ISK

Iceland króna

NOK

Norwegian krone

8,3440

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,485

HUF

Hungarian forint

309,63

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1473

RON

Romanian leu

4,4396

TRY

Turkish lira

2,8574

AUD

Australian dollar

1,4368

CAD

Canadian dollar

1,4502

HKD

Hong Kong dollar

10,4499

NZD

New Zealand dollar

1,5564

SGD

Singapore dollar

1,6730

KRW

South Korean won

1 382,35

ZAR

South African rand

14,3199

CNY

Chinese yuan renminbi

8,3655

HRK

Croatian kuna

7,6170

IDR

Indonesian rupiah

15 631,21

MYR

Malaysian ringgit

4,2805

PHP

Philippine peso

58,495

RUB

Russian rouble

47,0830

THB

Thai baht

42,867

BRL

Brazilian real

2,9966

MXN

Mexican peso

17,4926

INR

Indian rupee

81,1826

---

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

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| 23.7.2014 | EN | Official Journal of the European Union | C 238/8 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/8

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Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 17 March 2014 regarding a draft decision relating to Case AT.39922 — Bearings

Rapporteur: Slovakia

2014/C 238/07

| 1. | The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

| 3. | The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 4. | The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 5. | The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between the Member States of the EU. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between the Member States of the EU.

| 6. | The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement. |
| --- | --- |

6.

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.

| 7. | The Advisory Committee agrees with the Commission’s draft decision as regards the addressees. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees.

| 8. | The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

8.

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

| 9. | The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

| 10. | The Advisory Committee agrees with the Commission on the basic amounts of the fines. |
| --- | --- |

10.

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

| 11. | The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines. |
| --- | --- |

11.

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines.

| 12. | The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable in this case. |
| --- | --- |

12.

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

| 13. | The Advisory Committee agrees with the Commission as regards the mitigating circumstances applicable in this case. |
| --- | --- |

13.

The Advisory Committee agrees with the Commission as regards the mitigating circumstances applicable in this case.

| 14. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
| --- | --- |

14.

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

| 15. | The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
| --- | --- |

15.

The Advisory Committee agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

| 16. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
| --- | --- |

16.

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

| 17. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

17.

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

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| 23.7.2014 | EN | Official Journal of the European Union | C 238/9 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/9

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Final Report of the Hearing Officer (1)

AT.39922 — Bearings

2014/C 238/08

On 22 January 2013, the European Commission (‘Commission’) initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 (2) against JTEKT Corporation, JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH (‘JTEKT’); NSK Ltd, NSK Europe Ltd and NSK Deutschland GmbH (‘NSK’); Nachi-Fujikoshi Corporation and Nachi Europe GmbH (‘NFC’); AB SKF and SKF GmbH (‘SKF’); INA-Holding Schaeffler GmbH & Co. KG, Schaeffler Holding GmbH & Co. KG, Schaeffler AG, Schaeffler Technologies AG & Co. KG (3) and FAG Kugelfischer GmbH (‘Schaeffler’); NTN Corporation, NTN Wälzlager (Europa) GmbH and NTN-SNR Roulements SA (‘NTN’) (together ‘the parties’).

Following settlement discussions and settlement submissions in accordance with Article 10a(2) of Regulation (EC) No 773/2004 (4), on 21 January 2014 the European Commission adopted a Statement of Objections (‘SO’) addressed to the parties (5), stating that they had participated in a single and continuous infringement of Article 101 of the Treaty on the Functioning of the European Union and of Article 53 of the EEA Agreement. The SO alleged that the infringement consisted of price coordination between bearings manufacturers vis-à-vis automotive customers, and covered the entire European Economic Area (EEA).

The parties' respective replies to the SO confirmed that the SO addressed to them reflected the contents of their settlement submissions.

Pursuant to Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views, and I have come to a positive conclusion.

In view of the above, and taking into account that the parties have not addressed any requests or complaints to me (6), I consider that the effective exercise of the procedural rights of all the parties in this case has been respected.

Brussels, 17 March 2014.

Wouter WILS

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(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) (‘Decision 2011/695/EU’).

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)  Schaeffler Technologies AG & Co. KG ceased to exist as of 1 January 2014. Its legal successor is Schaeffler Technologies GmbH & Co. KG.

3

(4)  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).

4

(5)  The Commission adopted an SO addressed to Schaeffler Technologies GmbH & Co. KG on 20 February 2014.

5

(6)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C 167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).

6

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| 23.7.2014 | EN | Official Journal of the European Union | C 238/10 |
| --- | --- | --- | --- |

23.7.2014

EN

Official Journal of the European Union

C 238/10

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Summary of Commission Decision

of 19 March 2014

(Case AT.39922 — Bearings)

(notified under document C(2014) 1788 final)

(Only the English text is authentic)

2014/C 238/09

On 19 March 2014, 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 relates to a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement in the sector of bearings for automotive applications (‘automotive bearings’). Automotive bearings are bearings supplied to automotive Original Equipment Manufacturers (‘OEMs’), which are car, truck and automotive component manufacturers (together also referred to as ‘automotive customers’). The Decision is addressed to 19 entities of the six undertakings: (i) JTEKT (2); (ii) NSK (3); (iii) NFC (4), (iv) SKF (5), (v) Schaeffler (6) and (vi) NTN (7). |
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(1)

The Decision relates to a single and continuous infringement of Article 101 of the Treaty and Article 53 of the EEA Agreement in the sector of bearings for automotive applications (‘automotive bearings’). Automotive bearings are bearings supplied to automotive Original Equipment Manufacturers (‘OEMs’), which are car, truck and automotive component manufacturers (together also referred to as ‘automotive customers’). The Decision is addressed to 19 entities of the six undertakings: (i) JTEKT (2); (ii) NSK (3); (iii) NFC (4), (iv) SKF (5), (v) Schaeffler (6) and (vi) NTN (7).

2.   CASE DESCRIPTION

2.1.   Procedure

| (2) | Following the leniency applications of JTEKT, NSK and NFC, the Commission carried out targeted inspections at the premises of bearing producers in several Member States in November 2011. |
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(2)

Following the leniency applications of JTEKT, NSK and NFC, the Commission carried out targeted inspections at the premises of bearing producers in several Member States in November 2011.

| (3) | During and in the immediate aftermath of the inspections, the Commission received subsequently two more leniency applications from SKF and Schaeffler. |
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(3)

During and in the immediate aftermath of the inspections, the Commission received subsequently two more leniency applications from SKF and Schaeffler.

| (4) | On 22 January 2013, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the addressees of the Decision with a view to engaging in settlement discussions with them. Settlement meetings took place between March and December 2013. Subsequently, the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (8). |
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(4)

On 22 January 2013, the Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 against the addressees of the Decision with a view to engaging in settlement discussions with them. Settlement meetings took place between March and December 2013. Subsequently, the parties submitted to the Commission their formal request to settle pursuant to Article 10a(2) of Regulation (EC) No 773/2004 (8).

| (5) | The Commission adopted the Statement of Objections on 21 January 2014 and all parties unequivocally confirmed that it corresponded to the content of their settlement submission and that they therefore remained committed to following the settlement procedure. |
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(5)

The Commission adopted the Statement of Objections on 21 January 2014 and all parties unequivocally confirmed that it corresponded to the content of their settlement submission and that they therefore remained committed to following the settlement procedure.

| (6) | The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 17 March 2014. |
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(6)

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 17 March 2014.

| (7) | The Commission adopted the Decision on 19 March 2014. |
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(7)

The Commission adopted the Decision on 19 March 2014.

2.2.   Addressees and duration

| (8) | The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, by participating, during the periods indicated below, in anti-competitive practices in respect to the supply of automotive bearings. |
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(8)

The following undertakings have infringed Article 101 of the Treaty and Article 53 of the EEA Agreement, by participating, during the periods indicated below, in anti-competitive practices in respect to the supply of automotive bearings.

| (9) | Undertaking | Period of participation |
| --- | --- | --- |
| JTEKT | 8 April 2004-25 July 2011 |
| NSK | 8 April 2004-25 July 2011 |
| NFC | 6 May 2004-25 July 2011 |
| SKF | 8 April 2004-25 July 2011 |
| Schaeffler | 8 April 2004-25 July 2011 |
| NTN for the period up to 6 April 2008: | |
| — | without NTN-SNR Roulements SA |

(9)

Undertaking

Period of participation

JTEKT

8 April 2004-25 July 2011

NSK

8 April 2004-25 July 2011

NFC

6 May 2004-25 July 2011

SKF

8 April 2004-25 July 2011

Schaeffler

8 April 2004-25 July 2011

NTN for the period up to 6 April 2008:

—

without NTN-SNR Roulements SA

8 April 2004-6 April 2008

| — | NTN-SNR Roulements SA alone |
| --- | --- |

—

NTN-SNR Roulements SA alone

8 April 2004-6 April 2008

NTN for the period from 7 April 2008

7 April 2008-25 July 2011

2.3.   Summary of the infringement

| (10) | The overall aim of the cartel was to coordinate the pricing strategy vis-à-vis automotive customers. In order to achieve that aim, the parties coordinated the passing-on of steel price increases to their automotive customers, colluded on Requests for Quotations and Annual Price Reduction requests issued by automotive customers and exchanged commercially sensitive information. The parties engaged in anti-competitive behaviour through multi-, tri- and bilateral contacts forming a single and continuous infringement covering the whole EEA. |
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(10)

The overall aim of the cartel was to coordinate the pricing strategy vis-à-vis automotive customers. In order to achieve that aim, the parties coordinated the passing-on of steel price increases to their automotive customers, colluded on Requests for Quotations and Annual Price Reduction requests issued by automotive customers and exchanged commercially sensitive information. The parties engaged in anti-competitive behaviour through multi-, tri- and bilateral contacts forming a single and continuous infringement covering the whole EEA.

2.4.   Remedies

| (11) | The Decision applies the 2006 Guidelines on Fines (9). With the exception of JTEKT, the Decision imposes fines on the relevant entities of the undertakings listed under point (1) above. |
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(11)

The Decision applies the 2006 Guidelines on Fines (9). With the exception of JTEKT, the Decision imposes fines on the relevant entities of the undertakings listed under point (1) above.

2.4.1.   Basic amount of the fine

| (12) | The value of sales per undertaking is calculated on the basis of the average annual sales of automotive bearings within the EEA during the full six years of the infringement, i.e. from 2005 to 2010. When determining the value of sales, the limited scope of the contacts in the sub-segment of sales of bearings to automotive component manufacturers and a period of limited cartel activity from January 2008 until July 2010 are taken into account. |
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(12)

The value of sales per undertaking is calculated on the basis of the average annual sales of automotive bearings within the EEA during the full six years of the infringement, i.e. from 2005 to 2010. When determining the value of sales, the limited scope of the contacts in the sub-segment of sales of bearings to automotive component manufacturers and a period of limited cartel activity from January 2008 until July 2010 are taken into account.

| (13) | The basic amount of the fine is set at 16 % of the value of sales as defined under point (12) above, multiplied by the number of years of participation in the infringement in order to take fully into account the duration of the participation for each undertaking in the infringement individually. For the additional amount the percentage was set at 16 %. |
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(13)

The basic amount of the fine is set at 16 % of the value of sales as defined under point (12) above, multiplied by the number of years of participation in the infringement in order to take fully into account the duration of the participation for each undertaking in the infringement individually. For the additional amount the percentage was set at 16 %.

2.4.2.   Adjustments to the basic amount

| (14) | The Commission does not apply any aggravating circumstances in this case. NFC is granted a reduction of 15 % for mitigating circumstances due to its limited participation in the infringement. |
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(14)

The Commission does not apply any aggravating circumstances in this case. NFC is granted a reduction of 15 % for mitigating circumstances due to its limited participation in the infringement.

2.4.3.   Specific limitation of the fine

| (15) | Furthermore, the Commission exercises its margin of appreciation, as reflected in point 37 of the Guidelines on fines, to reduce the level of that part of the fine for which NTN-SNR Roulements is solely liable to 10 % of its own turnover. |
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(15)

Furthermore, the Commission exercises its margin of appreciation, as reflected in point 37 of the Guidelines on fines, to reduce the level of that part of the fine for which NTN-SNR Roulements is solely liable to 10 % of its own turnover.

2.4.4.   Application of the 2006 Leniency Notice: reduction of fines

| (16) | The Commission grants full immunity from the fine to JTEKT, a 40 % reduction of the fine to NSK, a 30 % reduction of the fine to NFC and a 20 % reduction of the fine to each SKF and Schaeffler. |
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(16)

The Commission grants full immunity from the fine to JTEKT, a 40 % reduction of the fine to NSK, a 30 % reduction of the fine to NFC and a 20 % reduction of the fine to each SKF and Schaeffler.

2.4.5.   Application of the Settlement Notice

| (17) | As a result of the application of the Settlement Notice, the amount of the fine to be imposed on JTEKT, NSK, NFC, SKF, Schaeffler and NTN is reduced by 10 %. |
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(17)

As a result of the application of the Settlement Notice, the amount of the fine to be imposed on JTEKT, NSK, NFC, SKF, Schaeffler and NTN is reduced by 10 %.

3.   CONCLUSION

| (18) | The following fines are imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:






  (a) | JTEKT Corporation, JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH, jointly and severally liable: EUR 0; |
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(18)

The following fines are imposed pursuant to Article 23(2) of Regulation (EC) No 1/2003:

(a)

JTEKT Corporation, JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH, jointly and severally liable: EUR 0;

| (b) | NSK Ltd, NSK Europe Ltd and NSK Deutschland GmbH, jointly and severally liable: EUR 62 406 000; |
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(b)

NSK Ltd, NSK Europe Ltd and NSK Deutschland GmbH, jointly and severally liable: EUR 62 406 000;

| (c) | Nachi-Fujikoshi Corporation and Nachi Europe GmbH jointly and severally liable: EUR 3 956 000; |
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(c)

Nachi-Fujikoshi Corporation and Nachi Europe GmbH jointly and severally liable: EUR 3 956 000;

| (d) | AB SKF and SKF GmbH jointly and severally liable: EUR 315 109 000; |
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(d)

AB SKF and SKF GmbH jointly and severally liable: EUR 315 109 000;

| (e) | INA-Holding Schaeffler GmbH & Co. KG, Schaeffler Holding GmbH & Co. KG, Schaeffler AG, Schaeffler Technologies GmbH & Co. KG and FAG Kugelfischer GmbH, jointly and severally liable: EUR 370 481 000; |
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(e)

INA-Holding Schaeffler GmbH & Co. KG, Schaeffler Holding GmbH & Co. KG, Schaeffler AG, Schaeffler Technologies GmbH & Co. KG and FAG Kugelfischer GmbH, jointly and severally liable: EUR 370 481 000;

| (f) | NTN Corporation, NTN Wälzlager (Europa) GmbH and NTN-SNR-Roulements SA jointly and severally liable: EUR 52 451 000; |
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(f)

NTN Corporation, NTN Wälzlager (Europa) GmbH and NTN-SNR-Roulements SA jointly and severally liable: EUR 52 451 000;

| (g) | NTN Corporation and NTN Wälzlager (Europa) GmbH jointly and severally liable: EUR 80 962 000; |
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(g)

NTN Corporation and NTN Wälzlager (Europa) GmbH jointly and severally liable: EUR 80 962 000;

| (h) | NTN-SNR Roulements SA solely liable: EUR 67 941 000. |
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(h)

NTN-SNR Roulements SA solely liable: EUR 67 941 000.

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

(2)  JTEKT Corporation, JTEKT Europe Bearings B.V., Koyo France SA and Koyo Deutschland GmbH.

(3)  NSK Ltd, NSK Europe Ltd and NSK Deutschland GmbH.

(4)  Nachi-Fujikoshi Corporation and Nachi Europe GmbH.

(5)  AB SKF and SKF GmbH.

(6)  INA-Holding Schaeffler GmbH & Co. KG, Schaeffler Holding GmbH & Co. KG, Schaeffler AG, Schaeffler Technologies GmbH & Co. KG and FAG Kugelfischer GmbH.

(7)  NTN Corporation, NTN Waelzlager (Europa) GmbH and NTN-SNR Roulements SA.

(8)  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).

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

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 23.7.2014 | EN | Official Journal of the European Union | C 238/13 |
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23.7.2014

EN

Official Journal of the European Union

C 238/13

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View of the representatives of the EFTA States and the EFTA Surveillance Authority presented at the meeting of the EC Advisory Committee on restrictive practices and/or dominant positions of 17 March 2014 regarding a preliminary draft Commission decision in Case AT.39922 Bearings

Rapporteur: Slovakia

2014/C 238/10

| 1. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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1.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 2. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision. |
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2.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decision.

| 3. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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3.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 4. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement. |
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4.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

| 5. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between the Member States of the EU. |
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5.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between the Member States of the EU.

| 6. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s assessment as regards the duration of the infringement. |
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6.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s assessment as regards the duration of the infringement.

| 7. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s draft decision as regards the addressees. |
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7.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission’s draft decision as regards the addressees.

| 8. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that a fine should be imposed on the addressees of the draft decision. |
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8.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that a fine should be imposed on the addressees of the draft decision.

| 9. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. |
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9.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.

| 10. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the basic amounts of the fines. |
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10.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the basic amounts of the fines.

| 11. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the determination of the duration for the purpose of calculating the fines. |
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11.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the determination of the duration for the purpose of calculating the fines.

| 12. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that there are no aggravating circumstances applicable in this case. |
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12.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission that there are no aggravating circumstances applicable in this case.

| 13. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the mitigating circumstances applicable in this case. |
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13.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the mitigating circumstances applicable in this case.

| 14. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice. |
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14.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice.

| 15. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice. |
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15.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

| 16. | The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the final amounts of the fines. |
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16.

The representatives of the EFTA States and the EFTA Surveillance Authority agree with the Commission on the final amounts of the fines.

| 17. | The representatives of the EFTA States and the EFTA Surveillance Authority recommend the publication of its Opinion in the Official Journal of the European Union. |
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17.

The representatives of the EFTA States and the EFTA Surveillance Authority recommend the publication of its Opinion in the Official Journal of the European Union.

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