# Official Journal C 277/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.277.eng |
| --- | --- |
| Official Journal
  of the European Union | C 277 |
| | |
| English edition | Information and Notices | Volume 5626 September 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.277.eng

Official Journal

of the European Union

C 277

English edition

Information and Notices

Volume 5626 September 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 277/01 | Non-opposition to a notified concentration (Case COMP/M.6682 — Kinnevik/Billerud/Korsnäs) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 277/01

Non-opposition to a notified concentration (Case COMP/M.6682 — Kinnevik/Billerud/Korsnäs) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 277/02 | Euro exchange rates | 2 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2013/C 277/03 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)) | 3 |
| 2013/C 277/04 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)) | 5 |
| | EFTA Secretariat |
| 2013/C 277/05 | Publication of Aust-Agder County’s notification of tender procedure pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (Previous notification of tender published in OJ C 58, 28.2.2013, p. 3 and EEA Supplement No 12, 28.2.2013, p. 1) | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 277/02

Euro exchange rates

2

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2013/C 277/03

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))

3

2013/C 277/04

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))

5

EFTA Secretariat

2013/C 277/05

Publication of Aust-Agder County’s notification of tender procedure pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (Previous notification of tender published in OJ C 58, 28.2.2013, p. 3 and EEA Supplement No 12, 28.2.2013, p. 1)

(Previous notification of tender published in OJ C 58, 28.2.2013, p. 3 and EEA Supplement No 12, 28.2.2013, p. 1)

7

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2013/C 277/06 | Judgment of the Court of 15 May 2013 in Case E-12/12 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfill its obligations — Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC) | 8 |
| 2013/C 277/07 | Judgment of the Court of 20 March 2013 in Case E-3/12 — The Norwegian State, represented by the Ministry of Labour v Stig Arne Jonsson (Regulation (EEC) No 1408/71 — Social security for migrant workers — Unemployment benefits — Residence in the territory of another EEA State — Condition of actual presence in the State of last employment for entitlement to unemployment benefits) | 9 |
| 2013/C 277/08 | Judgment of the Court of 15 May 2013 in Case E-13/12 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community) | 10 |
| 2013/C 277/09 | Judgment of the Court of 3 June 2013 in Case E-14/12 — EFTA Surveillance Authority v Principality of Liechtenstein (Failure by a Contracting Party to fulfill its obligations — Freedom of establishment — Freedom to provide services — Articles 31 and 36 EEA — Obligation on temporary work agencies to deposit a guarantee — Indirect and direct discrimination — Residence requirement — Justification) | 11 |
| 2013/C 277/10 | Judgment of the Court of 13 June 2013 in Case E-11/12 — Beatrix Susanne Koch, Lothar Hummel and Stefan Müller v Swiss Life (Liechtenstein) AG (Directive 90/619/EEC — Directive 92/96/EEC — Directive 2002/83/EC — Directive 2002/92/EC — Life assurance — Unit-linked benefits — Obligation to provide fair advice — Information to be communicated to the policy holder before the contract is concluded — Principle of equivalence — Principle of effectiveness) | 12 |
| 2013/C 277/11 | Order of the EFTA Court of 9 November 2012 | 14 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 277/12 | Prior notification of a concentration (Case COMP/M.7039 — PGGM/GDF SUEZ/EBN/NOGAT) — Candidate case for simplified procedure (
  1
  ) | 15 |
| 2013/C 277/13 | Prior notification of a concentration (Case COMP/M.7034 — Triton/AE Holding) — Candidate case for simplified procedure (
  1
  ) | 16 |
| | OTHER ACTS |
| | European Commission |
| 2013/C 277/14 | Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 17 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2013/C 277/06

Judgment of the Court of 15 May 2013 in Case E-12/12 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfill its obligations — Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC)

(Failure by a Contracting Party to fulfill its obligations — Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC)

8

2013/C 277/07

Judgment of the Court of 20 March 2013 in Case E-3/12 — The Norwegian State, represented by the Ministry of Labour v Stig Arne Jonsson (Regulation (EEC) No 1408/71 — Social security for migrant workers — Unemployment benefits — Residence in the territory of another EEA State — Condition of actual presence in the State of last employment for entitlement to unemployment benefits)

(Regulation (EEC) No 1408/71 — Social security for migrant workers — Unemployment benefits — Residence in the territory of another EEA State — Condition of actual presence in the State of last employment for entitlement to unemployment benefits)

9

2013/C 277/08

Judgment of the Court of 15 May 2013 in Case E-13/12 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community)

(Failure by a Contracting Party to fulfil its obligations — Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community)

10

2013/C 277/09

Judgment of the Court of 3 June 2013 in Case E-14/12 — EFTA Surveillance Authority v Principality of Liechtenstein (Failure by a Contracting Party to fulfill its obligations — Freedom of establishment — Freedom to provide services — Articles 31 and 36 EEA — Obligation on temporary work agencies to deposit a guarantee — Indirect and direct discrimination — Residence requirement — Justification)

(Failure by a Contracting Party to fulfill its obligations — Freedom of establishment — Freedom to provide services — Articles 31 and 36 EEA — Obligation on temporary work agencies to deposit a guarantee — Indirect and direct discrimination — Residence requirement — Justification)

11

2013/C 277/10

Judgment of the Court of 13 June 2013 in Case E-11/12 — Beatrix Susanne Koch, Lothar Hummel and Stefan Müller v Swiss Life (Liechtenstein) AG (Directive 90/619/EEC — Directive 92/96/EEC — Directive 2002/83/EC — Directive 2002/92/EC — Life assurance — Unit-linked benefits — Obligation to provide fair advice — Information to be communicated to the policy holder before the contract is concluded — Principle of equivalence — Principle of effectiveness)

(Directive 90/619/EEC — Directive 92/96/EEC — Directive 2002/83/EC — Directive 2002/92/EC — Life assurance — Unit-linked benefits — Obligation to provide fair advice — Information to be communicated to the policy holder before the contract is concluded — Principle of equivalence — Principle of effectiveness)

12

2013/C 277/11

Order of the EFTA Court of 9 November 2012

14

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 277/12

Prior notification of a concentration (Case COMP/M.7039 — PGGM/GDF SUEZ/EBN/NOGAT) — Candidate case for simplified procedure (
  1
  )

1

15

2013/C 277/13

Prior notification of a concentration (Case COMP/M.7034 — Triton/AE Holding) — Candidate case for simplified procedure (
  1
  )

1

16

OTHER ACTS

European Commission

2013/C 277/14

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

17

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.9.2013 | EN | Official Journal of the European Union | C 277/1 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/1

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Non-opposition to a notified concentration

(Case COMP/M.6682 — Kinnevik/Billerud/Korsnäs)

(Text with EEA relevance)

2013/C 277/01

On 27 November 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6682. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6682. EUR-Lex is the online access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.9.2013 | EN | Official Journal of the European Union | C 277/2 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/2

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Euro exchange rates (1)

25 September 2013

2013/C 277/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3504 |
| JPY | Japanese yen | 133,14 |
| DKK | Danish krone | 7,4577 |
| GBP | Pound sterling | 0,84165 |
| SEK | Swedish krona | 8,6881 |
| CHF | Swiss franc | 1,2304 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1330 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,880 |
| HUF | Hungarian forint | 300,12 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7026 |
| PLN | Polish zloty | 4,2165 |
| RON | Romanian leu | 4,4645 |
| TRY | Turkish lira | 2,7087 |
| AUD | Australian dollar | 1,4430 |
| CAD | Canadian dollar | 1,3924 |
| HKD | Hong Kong dollar | 10,4710 |
| NZD | New Zealand dollar | 1,6413 |
| SGD | Singapore dollar | 1,6943 |
| KRW | South Korean won | 1 454,52 |
| ZAR | South African rand | 13,3655 |
| CNY | Chinese yuan renminbi | 8,2650 |
| HRK | Croatian kuna | 7,6160 |
| IDR | Indonesian rupiah | 15 497,56 |
| MYR | Malaysian ringgit | 4,3512 |
| PHP | Philippine peso | 58,610 |
| RUB | Russian rouble | 43,2625 |
| THB | Thai baht | 42,251 |
| BRL | Brazilian real | 2,9852 |
| MXN | Mexican peso | 17,5292 |
| INR | Indian rupee | 84,4150 |

Currency

Exchange rate

USD

US dollar

1,3504

JPY

Japanese yen

133,14

DKK

Danish krone

7,4577

GBP

Pound sterling

0,84165

SEK

Swedish krona

8,6881

CHF

Swiss franc

1,2304

ISK

Iceland króna

NOK

Norwegian krone

8,1330

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,880

HUF

Hungarian forint

300,12

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7026

PLN

Polish zloty

4,2165

RON

Romanian leu

4,4645

TRY

Turkish lira

2,7087

AUD

Australian dollar

1,4430

CAD

Canadian dollar

1,3924

HKD

Hong Kong dollar

10,4710

NZD

New Zealand dollar

1,6413

SGD

Singapore dollar

1,6943

KRW

South Korean won

1 454,52

ZAR

South African rand

13,3655

CNY

Chinese yuan renminbi

8,2650

HRK

Croatian kuna

7,6160

IDR

Indonesian rupiah

15 497,56

MYR

Malaysian ringgit

4,3512

PHP

Philippine peso

58,610

RUB

Russian rouble

43,2625

THB

Thai baht

42,251

BRL

Brazilian real

2,9852

MXN

Mexican peso

17,5292

INR

Indian rupee

84,4150

---

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

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 26.9.2013 | EN | Official Journal of the European Union | C 277/3 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/3

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Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))

2013/C 277/03

PART I

| Aid No | GBER 10/13/R&D |
| --- | --- |
| EFTA State | Norway |
| Granting authority | Name | The Research Council of Norway |
| Address | PO Box 2700 St. Hanshaugen |
| 0131 Oslo |
| NORWAY |

Aid No

GBER 10/13/R&D

EFTA State

Norway

Granting authority

Name

The Research Council of Norway

Address

PO Box 2700 St. Hanshaugen

0131 Oslo

NORWAY

Webpage

http://www.forskningsradet.no

Title of the aid measure

Large-scale, industry-relevant Researcher Projects in biotechnology

National legal basis (Reference to the relevant national official publication)

Government white paper on biotechnology (‘Nasjonal strategi for bioteknologi 2010-2011’), the programme plan for BIOTEK2021, Call for proposals for Large-scale, industry-relevant researcher projects in biotechnology

Web link to the full text of the aid measure

http://www.forskningsradet.no/en/Funding/BIOTEK2021/1253977220666/p1184150364108?progId=1253973230625&visAktive=false

Type of measure

Scheme

X

Duration

Scheme

1.1.2013 to 31.12.2016

Economic sector(s) concerned

Limited to specific sectors — Please specify in accordance with NACE Rev. 2.

Biotechnology, NACE 72.110

Type of beneficiary

SME

X

Large enterprises

X

Budget

Annual overall amount of the budget planned under the scheme

NOK 50 million

However, only a fraction (approximately NOK 5 million) constitutes State aid as most of the funding will be spent by research organisations for the pursuit of non-economic activities.

Aid instrument

(Article 5)

Grant

X

PART II

| General Objectives (list) | Objectives (list) | Maximum aid intensity in % or maximum aid amount in NOK | SME — bonuses in % |
| --- | --- | --- | --- |
| Aid for research, development and innovation
  (Articles 30-37) | Aid for research and development projects
  (Article 31) | Industrial research
  (Article 31(2)(b)) | 50 % | X |

General Objectives (list)

Objectives (list)

Maximum aid intensity in % or maximum aid amount in NOK

SME — bonuses in %

Aid for research, development and innovation

(Articles 30-37)

Aid for research and development projects

(Article 31)

Industrial research

(Article 31(2)(b))

50 %

X

---

| 26.9.2013 | EN | Official Journal of the European Union | C 277/5 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/5

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))

2013/C 277/04

PART I

| Aid No | GBER 9/13/TRA |
| --- | --- |
| EFTA State | Norway |
| Granting authority | Name | Enova SF |
| Address | Professor Brochs gt 2 |
| 7030 Trondheim |
| NORWAY |

Aid No

GBER 9/13/TRA

EFTA State

Norway

Granting authority

Name

Enova SF

Address

Professor Brochs gt 2

7030 Trondheim

NORWAY

Webpage

http://www.enova.no

Title of the aid measure

Course in energy efficient upgrading of residential buildings

National legal basis (Reference to the relevant national official publication)

The national legal basis for the support measures administered by Enova SF derives from the following sources of law:

| — | The annual state budgets, which describes the energy policy and proposes the budget for the coming year. |
| --- | --- |

—

The annual state budgets, which describes the energy policy and proposes the budget for the coming year.

| — | Parliamentary Decision of 5 April 2001 (1) on the basis of a proposition by the Ministry of Petroleum and Energy of 21 December 2000 (2). The Parliamentary Decision amends the Energy Act of 29 June 1990 No 50 (Energiloven). |
| --- | --- |

—

Parliamentary Decision of 5 April 2001 (1) on the basis of a proposition by the Ministry of Petroleum and Energy of 21 December 2000 (2). The Parliamentary Decision amends the Energy Act of 29 June 1990 No 50 (Energiloven).

| — | The Agreement between the Ministry and Enova. The latest version of the agreement regulates the objectives for Enova SF’s administration of the Energy Fund between 1 June 2008 and 31 December 2011. |
| --- | --- |

—

The Agreement between the Ministry and Enova. The latest version of the agreement regulates the objectives for Enova SF’s administration of the Energy Fund between 1 June 2008 and 31 December 2011.

| — | Regulation No 1377 of 10 December 2001, concerning the levy on the electricity grid tariff (Forskrift om innbetaling av påslag på nettariffen til Energifondet). |
| --- | --- |

—

Regulation No 1377 of 10 December 2001, concerning the levy on the electricity grid tariff (Forskrift om innbetaling av påslag på nettariffen til Energifondet).

| — | A regulation on the Energy Fund (Vedteker for energifondet) places the Energy Fund under the Ministry of Petroleum and Energy and stipulates its administration by Enova. |
| --- | --- |

—

A regulation on the Energy Fund (Vedteker for energifondet) places the Energy Fund under the Ministry of Petroleum and Energy and stipulates its administration by Enova.

Web link to the full text of the aid measure

http://www.enova.no/radgivning/naring/kurs/kurs-for-energiradgivere/643/0/

Type of measure

Scheme

Yes

Ad hoc aid

No

Duration

Scheme

14.5.2013 to 31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

No

Limited to specific sectors — Please specify in accordance with NACE Rev. 2.

Sector 41

Type of beneficiary

SME

Yes

Large enterprises

Not excluded

Budget

Annual overall amount of the budget planned under the scheme

NOK 0,922 million

Aid instrument (Article 5)

Grant Subsidy of course fee

Yes

PART II

| General Objectives (list) | Objectives (list) | Maximum aid intensity in % or maximum aid amount in NOK | SME — bonuses in % |
| --- | --- | --- | --- |
| Training aid
  (Articles 38-39) | General training
  (Article 38(2)) | 60 % | |

General Objectives (list)

Objectives (list)

Maximum aid intensity in % or maximum aid amount in NOK

SME — bonuses in %

Training aid

(Articles 38-39)

General training

(Article 38(2))

60 %

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(1)  Odelstingets vedtak til lov om endringar i lov 29. juni 1990 nr. 50 om produksjon, omforming, overføring, omsetning og fordeling av energi m.m. (energilova). (Besl.O.nr.75 (2000-2001), jf. Innst.O.nr.59 (2000-2001) og Ot.prp.nr.35 (2000-2001)).

(2)  Ot.prp.nr.35 (2000-2001).

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EFTA Secretariat

| 26.9.2013 | EN | Official Journal of the European Union | C 277/7 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/7

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Publication of Aust-Agder County’s notification of tender procedure pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70

(Previous notification of tender published in OJ C 58, 28.2.2013, p. 3 and EEA Supplement No 12, 28.2.2013, p. 1)

2013/C 277/05

1.   Name and address of the competent authority:

| Aust-Agder County |
| --- |
| Plan- og samferdselsavdelingen |
| Hilde Bergersen |
| Box 788 Stoa |
| 4809 Arendal |
| NORWAY |

Aust-Agder County

Plan- og samferdselsavdelingen

Hilde Bergersen

Box 788 Stoa

4809 Arendal

NORWAY

As of mid-2013, the responsibility for the tender will be transferred to:

| Agder kollektivtrafikk AS |
| --- |
| Kjell Sverre Drange |
| Vestre Strandgt. 33 |
| 4611 Kristiansand |
| NORWAY |

Agder kollektivtrafikk AS

Kjell Sverre Drange

Vestre Strandgt. 33

4611 Kristiansand

NORWAY

2.   Type of award envisaged:

Open tender procedure

3.   Services and areas potentially covered by the award:

Bus services in Aust-Agder county as of 1 January 2015. The contract includes both scheduled routes and school transport. Two areas will be tendered out:

| (a) | route area east consisting of the municipalities of Risør, Tvedestrand, Gjerstad, Vegårshei and Åmli, including routes to/from Arendal. The routes in the municipality of Åmli will be operated as of 1 January 2017; |
| --- | --- |

(a)

route area east consisting of the municipalities of Risør, Tvedestrand, Gjerstad, Vegårshei and Åmli, including routes to/from Arendal. The routes in the municipality of Åmli will be operated as of 1 January 2017;

| (b) | route area west consisting of the municipalities of Arendal, Grimstad, Lillesand, Birkenes and Froland, including routes to/from Kristiansand. The routes in the municipalities of Birkeland and Froland will be operated as of 1 January 2017. |
| --- | --- |

(b)

route area west consisting of the municipalities of Arendal, Grimstad, Lillesand, Birkenes and Froland, including routes to/from Kristiansand. The routes in the municipalities of Birkeland and Froland will be operated as of 1 January 2017.

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 26.9.2013 | EN | Official Journal of the European Union | C 277/8 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/8

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JUDGMENT OF THE COURT

of 15 May 2013

in Case E-12/12

EFTA Surveillance Authority v Iceland

(Failure by a Contracting Party to fulfill its obligations — Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC)

2013/C 277/06

In Case E-12/12, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that, by failing, within the time limit prescribed, to adopt, or to notify the EFTA Surveillance Authority of the measures necessary to implement into its national legislation the Act referred to at point 7h of Annex XIX to the Agreement on the European Economic Area, i.e. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, as adapted to the Agreement by way of Protocol 1 thereto, Iceland has failed to fulfil its obligations under Article 27 of the Directive and under Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 15 May 2013, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by failing within the time limit prescribed to adopt the measures necessary to implement into its national legislation the Act referred to at point 7h of Annex XIX to the Agreement on the European Economic Area, i.e. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, as adapted to the Agreement by way of Protocol 1 thereto, or to notify ESA thereof, Iceland has failed to fulfil its obligations under Article 27 of the Directive and under Article 7 of the EEA Agreement. |
| --- | --- |

1.

Declares that, by failing within the time limit prescribed to adopt the measures necessary to implement into its national legislation the Act referred to at point 7h of Annex XIX to the Agreement on the European Economic Area, i.e. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, as adapted to the Agreement by way of Protocol 1 thereto, or to notify ESA thereof, Iceland has failed to fulfil its obligations under Article 27 of the Directive and under Article 7 of the EEA Agreement.

| 2. | Orders Iceland to bear the costs of the proceedings. |
| --- | --- |

2.

Orders Iceland to bear the costs of the proceedings.

---

| 26.9.2013 | EN | Official Journal of the European Union | C 277/9 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/9

---

JUDGMENT OF THE COURT

of 20 March 2013

in Case E-3/12

The Norwegian State, represented by the Ministry of Labour v Stig Arne Jonsson

(Regulation (EEC) No 1408/71 — Social security for migrant workers — Unemployment benefits — Residence in the territory of another EEA State — Condition of actual presence in the State of last employment for entitlement to unemployment benefits)

2013/C 277/07

In Case E-3/12 the Norwegian State, represented by the Ministry of Labour v Stig Arne Jonsson — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting lagmannsrett (‘Court of Appeal’) concerning the rules on free movement of workers within the European Economic Area, the Court, composed of Per Christiansen, Acting President and Páll Hreinsson, (Judge-Rapporteur) and Martin Ospelt (ad hoc), Judges, gave judgment on 20 March 2013, the operative part of which is as follows:

| 1. | Article 71(1)(b)(i) of Regulation (EEC) No 1408/71 precludes a provision of national law pursuant to which entitlement to payment of unemployment benefits is conditional on actual presence in the EEA State concerned. Such a provision may not be relied upon against the persons referred to in Article 71(1)(b)(i) of that regulation.






  (a) | It is not relevant for the answer to this question whether the unemployed person lives in a country near the State of last employment. |
| --- | --- | --- |

1.

Article 71(1)(b)(i) of Regulation (EEC) No 1408/71 precludes a provision of national law pursuant to which entitlement to payment of unemployment benefits is conditional on actual presence in the EEA State concerned. Such a provision may not be relied upon against the persons referred to in Article 71(1)(b)(i) of that regulation.

(a)

It is not relevant for the answer to this question whether the unemployed person lives in a country near the State of last employment.

| (b) | Moreover, in circumstances such as those of the defendant in the main proceedings, it is of no consequence for the application of Article 71(1)(b)(i) that an unemployed person registers as a job seeker and applies for unemployment benefits in his State of residence. |
| --- | --- |

(b)

Moreover, in circumstances such as those of the defendant in the main proceedings, it is of no consequence for the application of Article 71(1)(b)(i) that an unemployed person registers as a job seeker and applies for unemployment benefits in his State of residence.

---

| 26.9.2013 | EN | Official Journal of the European Union | C 277/10 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/10

---

JUDGMENT OF THE COURT

of 15 May 2013

in Case E-13/12

EFTA Surveillance Authority v Iceland

(Failure by a Contracting Party to fulfil its obligations — Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community)

2013/C 277/08

In Case E-13/12, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that, by failing, within the time limits prescribed, to adopt, or to notify the EFTA Surveillance Authority of, the measures necessary to implement into its national legislation the Act referred to at point 10 of part 7.1 of Chapter I of Annex I to the Agreement on the European Economic Area (Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community), as adapted to the Agreement by way of Protocol 1 thereto, Iceland has failed to fulfil its obligations under Article 15 of the Directive and under Article 7 EEA, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 15 May 2013, the operative part of which is as follows:

The Court hereby:

| 1. | declares that, by failing, within the time limit prescribed, to adopt the measures necessary to implement into its national legislation the Act referred to at point 10 of part 7.1 of Chapter I of Annex I to the Agreement on the European Economic Area, i.e. Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, as adapted to the Agreement by way of Protocol 1 thereto, or to notify ESA thereof, Iceland has failed to fulfil its obligations under Article 15 of the Directive and under Article 7 of the EEA Agreement; |
| --- | --- |

1.

declares that, by failing, within the time limit prescribed, to adopt the measures necessary to implement into its national legislation the Act referred to at point 10 of part 7.1 of Chapter I of Annex I to the Agreement on the European Economic Area, i.e. Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, as adapted to the Agreement by way of Protocol 1 thereto, or to notify ESA thereof, Iceland has failed to fulfil its obligations under Article 15 of the Directive and under Article 7 of the EEA Agreement;

| 2. | orders Iceland to bear the costs of the proceedings. |
| --- | --- |

2.

orders Iceland to bear the costs of the proceedings.

---

| 26.9.2013 | EN | Official Journal of the European Union | C 277/11 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/11

---

JUDGMENT OF THE COURT

of 3 June 2013

in Case E-14/12

EFTA Surveillance Authority v Principality of Liechtenstein

(Failure by a Contracting Party to fulfill its obligations — Freedom of establishment — Freedom to provide services — Articles 31 and 36 EEA — Obligation on temporary work agencies to deposit a guarantee — Indirect and direct discrimination — Residence requirement — Justification)

2013/C 277/09

In Case E-14/12, EFTA Surveillance Authority v Principality of Liechtenstein — APPLICATION for a declaration that by maintaining in force legislation which imposes on persons resident in Liechtenstein who are responsible for a temporary work agency the obligation to supply a guarantee of 50 000 Swiss francs, whereas the guarantee of 100 000 Swiss francs is imposed upon persons performing a similar function who are resident outside of Liechtenstein, and on agencies seeking to deliver temporary employment services cross-border, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 and Article 36 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 3 June 2013, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by maintaining in force legislation which imposes on persons resident in Liechtenstein who are responsible for a temporary work agency the obligation to supply a guarantee of 50 000 Swiss francs, whereas the guarantee of 100 000 Swiss francs is imposed upon persons performing a similar function who are resident outside of Liechtenstein, and on agencies seeking to deliver temporary employment services cross-border, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 and Article 36 of the EEA Agreement. |
| --- | --- |

1.

Declares that, by maintaining in force legislation which imposes on persons resident in Liechtenstein who are responsible for a temporary work agency the obligation to supply a guarantee of 50 000 Swiss francs, whereas the guarantee of 100 000 Swiss francs is imposed upon persons performing a similar function who are resident outside of Liechtenstein, and on agencies seeking to deliver temporary employment services cross-border, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 and Article 36 of the EEA Agreement.

| 2. | Orders Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

2.

Orders Liechtenstein to bear the costs of the proceedings.

---

| 26.9.2013 | EN | Official Journal of the European Union | C 277/12 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/12

---

JUDGMENT OF THE COURT

of 13 June 2013

in Case E-11/12

Beatrix Susanne Koch, Lothar Hummel and Stefan Müller v Swiss Life (Liechtenstein) AG

(Directive 90/619/EEC — Directive 92/96/EEC — Directive 2002/83/EC — Directive 2002/92/EC — Life assurance — Unit-linked benefits — Obligation to provide fair advice — Information to be communicated to the policy holder before the contract is concluded — Principle of equivalence — Principle of effectiveness)

2013/C 277/10

In Case E-11/12 Beatrix Susanne Koch, Lothar Hummel and Stefan Müller v Swiss Life (Liechtenstein) AG — REQUEST to the Court from the Fürstliche Landgericht des Fürstentums Liechtenstein (Princely Court of the Principality of Liechtenstein) under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice on the interpretation of Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC, Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive), Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance and Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, the Court, composed of Carl Baudenbacher, President and Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 13 June 2013, the operative part of which is as follows:

| 1. | Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive) and Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance are to be interpreted as meaning that they do not require the assurance undertaking to provide advice to the policy holder before the contract is concluded. |
| --- | --- |

1.

Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive) and Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance are to be interpreted as meaning that they do not require the assurance undertaking to provide advice to the policy holder before the contract is concluded.

| 2. | Article 31 and points a11 and a12 of Annex II(A) of Directive 92/96/EEC and Article 36 and points a11 and a12 of Annex III(A) of Directive 2002/83/EC must be interpreted as meaning that it is for the national court, in the light of all the relevant circumstances of the case before it, to determine whether the written information communicated to the policy holder before a contract on unit-linked life assurance was concluded is complete, clear and accurate; and






  — | sufficient to define the units to which the benefits are linked, and |
| --- | --- | --- |

2.

Article 31 and points a11 and a12 of Annex II(A) of Directive 92/96/EEC and Article 36 and points a11 and a12 of Annex III(A) of Directive 2002/83/EC must be interpreted as meaning that it is for the national court, in the light of all the relevant circumstances of the case before it, to determine whether the written information communicated to the policy holder before a contract on unit-linked life assurance was concluded is complete, clear and accurate; and

—

sufficient to define the units to which the benefits are linked, and

| — | sufficient to describe the nature of the underlying assets, |
| --- | --- |

—

sufficient to describe the nature of the underlying assets,

such that the prospective policy holder was able to choose the contract best suited to his/her needs.

| 3. | As long as the information is complete and communicated to the policy holder on the terms set out in Article 31 of Directive 92/96/EEC and Article 36 of Directive 2002/83/EC, and in accordance with other rules applicable to the communication of information to the policy holder, it suffices that the information listed in Annex II and Annex III, respectively, is communicated to the policy holder by a third party, for example, an insurance intermediary. |
| --- | --- |

3.

As long as the information is complete and communicated to the policy holder on the terms set out in Article 31 of Directive 92/96/EEC and Article 36 of Directive 2002/83/EC, and in accordance with other rules applicable to the communication of information to the policy holder, it suffices that the information listed in Annex II and Annex III, respectively, is communicated to the policy holder by a third party, for example, an insurance intermediary.

| 4. | In circumstances such as those in the present case the EEA Agreement and Directive 92/96/EEC and Directive 2002/83/EC must be interpreted as not precluding a national rule which provides for an administrative complaint procedure after losses have been incurred pursuant to a failure on the part of an assurance undertaking to comply with the requirement to provide information set out in Article 31(1) of Directive 92/96/EEC and Article 36(1) of Directive 2002/83/EC, provided:






  — | first, that the right to claim compensation for pecuniary loss from that assurance undertaking for a failure to communicate the information prescribed in Annex II to Directive 92/96/EEC and Annex III to Directive 2002/83/EC is no less favourable than that applicable to similar domestic actions, and, |
| --- | --- | --- |

4.

In circumstances such as those in the present case the EEA Agreement and Directive 92/96/EEC and Directive 2002/83/EC must be interpreted as not precluding a national rule which provides for an administrative complaint procedure after losses have been incurred pursuant to a failure on the part of an assurance undertaking to comply with the requirement to provide information set out in Article 31(1) of Directive 92/96/EEC and Article 36(1) of Directive 2002/83/EC, provided:

—

first, that the right to claim compensation for pecuniary loss from that assurance undertaking for a failure to communicate the information prescribed in Annex II to Directive 92/96/EEC and Annex III to Directive 2002/83/EC is no less favourable than that applicable to similar domestic actions, and,

| — | second, that the application of national law does not render it practically impossible or excessively difficult for the policy holder to exercise rights conferred by the directives. |
| --- | --- |

—

second, that the application of national law does not render it practically impossible or excessively difficult for the policy holder to exercise rights conferred by the directives.

It is for the national court to ascertain whether those two conditions are met.

---

| 26.9.2013 | EN | Official Journal of the European Union | C 277/14 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/14

---

Order of the EFTA Court of 9 November 2012

2013/C 277/11

In Case E-14/10 COSTS,

Konkurrenten.no AS against EFTA Surveillance Authority,

(Taxation of costs)

In Case E-14/10 COSTS, Konkurrenten.no AS against the EFTA Surveillance Authority — APPLICATION for the taxation of costs recoverable following the judgment of the Court of 22 August 2011 in Case E-14/10 Konkurrenten.no v ESA (2011) EFTA Ct. Rep. 266 — the EFTA Court, composed of: Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges; has made an Order of 9 November 2012, the operative part of which is as follows:

The total amount of the costs to be paid by the EFTA Surveillance Authority to Konkurrenten.no AS is fixed at EUR 93 002.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 26.9.2013 | EN | Official Journal of the European Union | C 277/15 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/15

---

Prior notification of a concentration

(Case COMP/M.7039 — PGGM/GDF SUEZ/EBN/NOGAT)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 277/12

| 1. | On 17 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which PGGM Vermogensbeheer (‘PGGM’, The Netherlands), GDF SUEZ (‘GDF SUEZ’, France) and Energie Beheer Nederland (‘EBN’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Northern Offshore Gas Transport (‘NOGAT’, The Netherlands) by way of purchase of shares. |
| --- | --- |

1.

On 17 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which PGGM Vermogensbeheer (‘PGGM’, The Netherlands), GDF SUEZ (‘GDF SUEZ’, France) and Energie Beheer Nederland (‘EBN’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Northern Offshore Gas Transport (‘NOGAT’, The Netherlands) by way of purchase of shares.

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






  — | for PGGM: provision of services in the field of pension fund management, comprehensive asset management, management support and policy advice to various pension funds in The Netherlands, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for PGGM: provision of services in the field of pension fund management, comprehensive asset management, management support and policy advice to various pension funds in The Netherlands,

| — | for GDF SUEZ: active throughout the entire energy value chain of natural gas and electricity both inside and outside the European Union, |
| --- | --- |

—

for GDF SUEZ: active throughout the entire energy value chain of natural gas and electricity both inside and outside the European Union,

| — | for EBN: active in the exploration, production, storage and trading of natural gas and oil in The Netherlands, |
| --- | --- |

—

for EBN: active in the exploration, production, storage and trading of natural gas and oil in The Netherlands,

| — | for NOGAT: active in the operation of the Northern Offshore Upstream Gas Pipeline System (including the related pipeline terminal and gas treatment plant), which transports and treats natural gas and condensates produced from offshore gas fields in the North Sea. |
| --- | --- |

—

for NOGAT: active in the operation of the Northern Offshore Upstream Gas Pipeline System (including the related pipeline terminal and gas treatment plant), which transports and treats natural gas and condensates produced from offshore gas fields in the North Sea.

| 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.7039 — PGGM/GDF SUEZ/EBN/NOGAT, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 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.7039 — PGGM/GDF SUEZ/EBN/NOGAT, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

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’).

---

| 26.9.2013 | EN | Official Journal of the European Union | C 277/16 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/16

---

Prior notification of a concentration

(Case COMP/M.7034 — Triton/AE Holding)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 277/13

| 1. | On 19 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Anton MidCo Sàrl, an acquisition vehicle that is ultimately controlled by Triton Managers IV Limited and TFF IV Limited (‘Triton’, Jersey), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Alpine Energie Holding AG (‘Alpine Energie’, Austria) by way of purchase of shares. |
| --- | --- |

1.

On 19 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Anton MidCo Sàrl, an acquisition vehicle that is ultimately controlled by Triton Managers IV Limited and TFF IV Limited (‘Triton’, Jersey), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Alpine Energie Holding AG (‘Alpine Energie’, Austria) by way of purchase of shares.

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






  — | for Triton: private equity firm focused on investing in medium-sized businesses in a variety of sectors. One of the portfolio companies of Triton — Infratek ASA — is a supplier of security solutions and critical infrastructure with a focus on services for the electricity grid, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Triton: private equity firm focused on investing in medium-sized businesses in a variety of sectors. One of the portfolio companies of Triton — Infratek ASA — is a supplier of security solutions and critical infrastructure with a focus on services for the electricity grid,

| — | for Alpine Energie: holding company of Alpine Energy group, active in providing infrastructure systems in the segments of energy generation, energy transport and energy-technical applications. |
| --- | --- |

—

for Alpine Energie: holding company of Alpine Energy group, active in providing infrastructure systems in the segments of energy generation, energy transport and energy-technical applications.

| 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.7034 — Triton/AE Holding, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 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.7034 — Triton/AE Holding, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

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’).

---

OTHER ACTS

European Commission

| 26.9.2013 | EN | Official Journal of the European Union | C 277/17 |
| --- | --- | --- | --- |

26.9.2013

EN

Official Journal of the European Union

C 277/17

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Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

2013/C 277/14

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (2)

AMENDMENT APPLICATION IN ACCORDANCE WITH ARTICLE 9

‘POMME DE TERRE DE L’ÎLE DE RÉ’

EC No: FR-PDO-0105-0949-23.01.2012

PGI ( ) PDO ( X )

1.   Heading in the specification affected by the amendment

| — |  | Name of product |
| --- | --- | --- |
| — | ☒ | Description of product |
| — |  | Geographical area |
| — | ☒ | Proof of origin |
| — | ☒ | Method of production |
| — |  | Link |
| — | ☒ | Labelling |
| — | ☒ | National requirements |
| — | ☒ | Other (Updated information on the responsible department in the Member State and on the applicant group; updated contact details of the structures responsible for inspecting the designation) |

—



Name of product

—

☒

Description of product

—



Geographical area

—

☒

Proof of origin

—

☒

Method of production

—



Link

—

☒

Labelling

—

☒

National requirements

—

☒

Other (Updated information on the responsible department in the Member State and on the applicant group; updated contact details of the structures responsible for inspecting the designation)

2.   Type of amendment(s)

| — | ☒ | Amendment to Single Document or Summary Sheet |
| --- | --- | --- |
| — |  | Amendment to Specification of registered PDO or PGI for which neither the Single Document nor the Summary Sheet has been published |
| — |  | Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation (EC) No 510/2006) |
| — |  | Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006) |

—

☒

Amendment to Single Document or Summary Sheet

—



Amendment to Specification of registered PDO or PGI for which neither the Single Document nor the Summary Sheet has been published

—



Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation (EC) No 510/2006)

—



Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)

3.   Amendment(s)

3.1.   Description of product

The following organoleptic description is added to the Specification:

‘It is a fresh vegetable with a fine skin.

Organoleptically it is characterised by odors and aromas that bring to mind one or more of the following: the plant world, spring vegetables (for example asparagus, artichokes, peas, etc.), warm bread, dry fruit (for example hazelnuts, chestnuts, etc.), butter, with no earthy smell. It generally tastes predominantly sweet, with little or no salty or bitter tastes. The texture of the flesh is fine and melt-in-the-mouth, quite the opposite of floury and watery. It stays firm when cooked’.

This description is useful for the organoleptic examination of the product during inspection.

In addition, the definition of the early nature of the ‘Pomme de terre de l’île de Ré’ has been supplemented and amended in order to be consistent with the national statutory definition. The term ‘melt-in-the-mouth’ is used to describe the texture of the product and replaces the term ‘firm’. The latter term may be confusing, because it provides information on the official category of the variety in the classification of French seed potatoes and does not refer to the texture of the product. The melt-in-the-mouth nature of the texture is shared by the two authorised potato categories (edible potatoes and edible potatoes with firm flesh).

3.2.   Proof of origin

Proof of origin

Owing to developments in national legislation and regulations, the heading ‘Evidence that the product originates in the defined geographical area’ has been consolidated to bring together, in particular, provisions on declaration obligations and on the keeping of registers for tracing the product and monitoring production conditions.

These amendments are related to the reform of the system for inspecting designations of origin introduced by Order No 2006-1547 of 7 December 2006 on increasing the value of agricultural, forestry, food and marine products. In particular, provisions have been included for authorising operators so as to acknowledge their ability to meet the specification of the designation from which they wish to benefit. Inspection of the specification for the ‘Pomme de terre de l’île de Ré’ PDO takes place according to an inspection plan drawn up by an inspection body.

Moreover, this heading contains several new provisions on registers and declaration documents making it possible to guarantee the traceability of the potato.

3.3.   Method of production

Method of production

3.4.1.   ‘Varieties’

Varieties

Additional information is provided on the culinary groups to which the authorised varieties must belong and on the fact that these varieties must be entered in the official national catalogue of cultivated species and varieties.

3.4.2.   ‘Definition of crop parcels’

Definition of crop parcels

A definition of a crop parcel is introduced and specified. The definition is as follows: ‘“Crop parcel” refers to one or more cadastral parcels or parts of cadastral parcels that is/are located in the same municipality and where the same variety is planted on the same date’.

Location in the same municipality is specified so as to be in line with the current practice of industry operators.

3.4.3.   ‘Planting date’

Planting date

The deadline for planting is amended and postponed from 31 March to 10 April.

This amendment makes it possible to take into account recent changes in the climate and, more specifically, heavier rainfall in March, which disrupt planting and sometimes make it impossible to finish planting by the end of March.

The amendment does not affect the early nature of the potato, which will continue to be harvested and marketed before it is fully mature.

The reference to the planting method used (planting with a potting machine) is deleted, as that method is rare today. Nowadays the potato is planted mainly using planters with rows.

The reference to the planting depth is deleted. The planting depth is determined by each producer. Indeed, the producers must balance the requirements of their cultivation methods in order to obtain an early harvest (which means planting at a shallow depth) while limiting the risk of frost or greening caused by too shallow planting. Besides, the situation must be considered on a case-by-case basis for each parcel. Therefore it seems difficult to set a criterion that would be relevant and controllable in every situation.

3.4.4.   ‘Planting density’

Planting density

The planting density is amended by differentiating between two density ranges according to the size of the seed potato and by increasing the maximum planting density.

The planting density for seed potatoes larger than 45 millimetres varies between 38 000 and 58 000 seed potatoes per hectare.

The planting density for seed potatoes that are 45 millimetres or smaller varies between 45 000 and 78 000 seed potatoes per hectare.

This wording does not affect the provisions for large seed potatoes but does increase the planting density of small seed potatoes (45 millimetres or smaller). The increase aims at maintaining the production of potatoes smaller than 70 millimetres by stepping up the competition over natural resources among the seed potatoes through a higher density.

3.4.5.   ‘Cultivation method’

Cultivation method

More information is provided on the purpose of using sheeting placed directly on the ground. The objective is to promote the initial development of the seed potatoes.

3.4.6.   ‘Fertilisation’

Fertilisation

The term ‘preparations’, which defines a method of adding authorised fertiliser, is removed, because it is too vague.

A maximum limit for the addition of mineral nitrogen is introduced and set at 120 units per hectare per year.

3.4.7.   ‘Irrigation’

Irrigation

The wording of this heading is simplified without amending its content.

3.4.8.   ‘Haulm stripping’

Haulm stripping

Chemical haulm stripping is banned, as that method is no longer used on île de Ré.

3.4.9.   ‘Yield’

Yield

A definition of yield at the level of individual farms is introduced and the average yield value at the level of individual crop parcels is amended.

The yield of all the crop parcels of a farm is set at a maximum of 26 tonnes per hectare.

The yield value at the level of individual crop parcels is raised to 30 tonnes per hectare in order to take into account yield variations on the different harvesting dates. The ‘Pomme de terre de l’île de Ré’ is harvested between May and July and certain varieties produce yields that exceed 26 tonnes per hectare at the end of the marketing year. This provision, which is applied selectively, makes it possible to take account of higher yields at the end of the marketing year. This prevents excessive differences in yield, as the average yield of a farm must still not exceed 26 tonnes per hectare.

3.4.10.   ‘Dry matter’

Dry matter

The time of measuring the dry matter content is specified: it is measured on the day when the potatoes are lifted. This is the current practice of industry operators.

The maximum authorised dry matter contents are amended. The maximum dry matter content of edible varieties is raised to 20,5 % and the maximum dry matter content of edible varieties with firm flesh is raised to 21 %.

With these amendments it is possible to take into account recent changes in the climate (more precipitation in March and April and higher temperatures in May and June), which result in a faster and more marked accumulation of dry matter in the tubers but do not affect the organoleptic characteristics required for the designation. In the absence of cultivation methods that would make it possible to control the development of the dry matter content (early haulm stripping causes a thickening of the skin and a greater incidence of tuber diseases), it became necessary to raise the maximum authorised values in order to guarantee that the characteristics defined for the designation are preserved.

The amendments requested do not affect the early nature of the product nor its organoleptic characteristics, as evidenced by the tastings organised by the group.

3.4.11.   ‘Size’

Size

The reference to the maximum authorised size of the potatoes is moved from the heading ‘Description of the product’ to the sub-heading ‘Size’.

3.4.12.   ‘Packaging’

Packaging

It is specified that the potatoes must be packaged in distribution packaging that does not exceed 25 kilograms and makes it possible to identify their batches and origin, in accordance with the provisions of the Decree of 5 February 1998 on the controlled designation of origin ‘Pomme de terre de l’île de Ré’.

3.4.   ‘Specific labelling details’

Specific labelling details

Use of the EU ‘PDO’ symbol is made compulsory.

3.5.   ‘National requirements’

National requirements

In accordance with the national reform of the inspection system for designations of origin, the specification is supplemented by a table listing the main points to be inspected, their reference value and the assessment methods to be used.

3.6.   Other

Other

3.9.1.   Updated information on the responsible department in the Member State and on the applicant group

Updated information on the responsible department in the Member State and on the applicant group

The name and contact details of the responsible department of the Member State are updated. Since 1 January 2007 the responsible department has been the Institut national de l’origine et de la qualité, pursuant to the French Framework Law on Agriculture of 5 January 2006.

The name, contact details and composition of the applicant group are updated in compliance with the statutes of the group validated on 30 August 2007.

3.9.2.   The contact details of the structures responsible for monitoring the designation are updated

The contact details of the structures responsible for monitoring the designation are updated

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

COUNCIL REGULATION (EC) No 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
   (3)

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

3

‘POMME DE TERRE DE L’ÎLE DE RÉ’

‘POMME DE TERRE DE L’ÎLE DE RÉ’

EC No: FR-PDO-0105-0949-23.01.2012

EC No: FR-PDO-0105-0949-23.01.2012

PGI ( ) PDO ( X )

PGI ( ) PDO ( X )

1.   Name

Name

‘Pomme de terre de l’île de Ré’

2.   Member State or Third Country

Member State or Third Country

France

3.   Description of the agricultural product or foodstuff

Description of the agricultural product or foodstuff

3.1.   Type of product

Type of product

| Class 1.6. | Fruit, vegetables and cereals, fresh or processed |
| --- | --- |

Class 1.6.

Fruit, vegetables and cereals, fresh or processed

3.2.   Description of the product to which the name in point 1 applies

Description of the product to which the name in point 1 applies

The ‘Pomme de terre de l’île de Ré’ is an early potato under 70 mm in size.

Potatoes qualifying for the protected designation of origin ‘Pomme de terre de l’île de Ré’ must come from the edible varieties of potatoes (Alcmaria, Goulvena, Pénélope, Starlette or Carrera) or the edible varieties of potatoes with firm flesh (Amandine, BF15, Charlotte or Roseval).

They are characterised by their melt-in-the-mouth texture and specific aromas that may have vegetable overtones. Their dry matter content on the day they are lifted is between 15 and 20,5 % for the Alcmaria, Goulvena, Pénélope, Starlette and Carrera varieties and between 16 and 21 % for the Amandine, BF15, Charlotte and Roseval varieties.

Harvested before they are completely mature, their skin is fine and comes off easily with simple scrubbing.

They are seasonal produce and can only be sold up to 31 July inclusive of the year of the harvest, and they are not suitable for long-term storage.

The ‘Pomme de terre de l’île de Ré’ is a fresh vegetable that must be marketed quickly after lifting.

3.3.   Raw materials (for processed products only)

Raw materials (for processed products only)

—

3.4.   Feed (for products of animal origin only)

Feed (for products of animal origin only)

—

3.5.   Specific steps in production that must take place in the defined geographical area

Specific steps in production that must take place in the defined geographical area

All the steps, from germination to packaging, take place in the geographical area.

3.6.   Specific rules concerning slicing, grating, packaging, etc.

Specific rules concerning slicing, grating, packaging, etc.

The ‘Pomme de terre de l’île de Ré’ is packaged in the geographical area in distribution packaging not exceeding 25 kg. The methods of packaging ensure that the batches and their origin can be identified, thereby helping to guarantee that the potatoes are traceable.

As the ‘Pomme de terre de l’île de Ré’ is a product that is only marketed fresh, it must be packaged quickly after lifting.

Additionally the ‘Pomme de terre de l’île de Ré’ is harvested before it is completely mature and for this reason it is a fragile product. It is therefore necessary to avoid any blows that could lead to a change in the skin, e.g: bruises and browning. As a consequence the producers take particular care at the stage of harvesting, but also during sorting and packaging, to preserve the characteristics of the potato.

3.7.   Specific rules concerning labelling

Specific rules concerning labelling

In addition to the particulars provided for in regulations on the trade in potatoes, the labelling of potatoes having the protected designation of origin ‘Pomme de terre de l’île de Ré’ must include the name of the designation ‘Pomme de terre de l’île de Ré’ as well as the EU PDO logo.

4.   Concise definition of the geographical area

Concise definition of the geographical area

The geographical area corresponds to the territory of île de Ré, composed of the following municipalities: Ars-en-Ré, La Couarde-sur-Mer, Loix, Les Portes-en-Ré, Saint-Clément-des-Baleines, Le Bois-Plage-en Ré, La Flotte, Rivedoux-Plage, Sainte-Marie-de-Ré, Saint-Martin-de-Ré.

5.   Link with the geographical area

Link with the geographical area

5.1.   Specificity of the geographical area

Specificity of the geographical area

5.1.1.   Natural factors

Natural factors

The geographical area of the designation of origin ‘Pomme de terre de l’île de Ré’ corresponds to the 10 municipalities of the Charente-Maritime that make up île de Ré. Ile de Ré is located in the Atlantic Ocean three kilometres off the French coast, and it faces the municipality of La Rochelle.

Ile de Ré is part of the geological history of the northern edge of the Aquitaine Basin. It was created from different sedimentary deposits of coral reef and later of Jurassic argillaceous limestone. The limestone base of île de Ré was formed by this sedimentation dating from the secondary era and covered by argillaceous and eolian deposits during the quarternary era.

The different sedimentation phases resulted in a lowland landscape with rather even contours, where the highest point does not exceed 20 metres.

The most common soil types on the island are calcosol or calcisol on calcareous bedrock.

The demarcated areas reserved for the production of potatoes generally feature coastal soils of the brown calcareous or calcic type covered in sand and as well as soils with eolian deposits and a fine, sandy texture. These soils are light, dry and permeable. They are rich in potassium and phosphoric acid and generally poor in humus.

Another specificity of île de Ré is that it provides the producers with a source of natural fertiliser: kelp. This organic compost made of marine algae harvested on the beaches of the island used to be the only organic compost material on the island and is still used today by some producers. The advantage of kelp is that it decomposes more rapidly than cow dung, for example.

The island has a temperate oceanic climate. The temperate quality is more marked than on the continental coastline, because there is more sunshine and less rainfall and temperatures are milder. The reason for these differences is that the effects of the ocean are stronger on the island than on the continent.

The island's climate is characterised by plenty of sunshine, totalling about 2 300 hours a year, combined with much light, and by rainfall of less than 700 millimetres a year and an average annual temperature close to 13 °C. It rains principally in autumn and winter, and snow and frost are infrequent. In addition, île de Ré is exposed to hot and violent winds.

5.1.2.   Human factors

Human factors

The cultivation methods applied aim at reinforcing the early nature of the ‘Pomme de terre de l’île de Ré’. In particular, they include:

| — | setting a planting deadline in order to guarantee the early harvesting of the ‘Pomme de terre de l’île de Ré’, which may no longer be harvested after 31 July, |
| --- | --- |

—

setting a planting deadline in order to guarantee the early harvesting of the ‘Pomme de terre de l’île de Ré’, which may no longer be harvested after 31 July,

| — | a high planting density and close rows, |
| --- | --- |

—

a high planting density and close rows,

| — | if haulm stripping is carried out, it must be done mechanically only, so as to avoid altering the soil, which contributes to the organopeptic characteristics of the product. |
| --- | --- |

—

if haulm stripping is carried out, it must be done mechanically only, so as to avoid altering the soil, which contributes to the organopeptic characteristics of the product.

5.2.   Specificity of the product

Specificity of the product

5.2.1.   Characteristics of the product

Characteristics of the product

The ‘Pomme de terre de l’île de Ré’ is an early potato.

Its early maturity and small or medium size, which is less than 70 mm, gives it original organoleptic qualities: a melt-in-the-mouth flesh, odours after cooking that vary according to the season and range from vegetable-like to odours of dry fruit — as well as flavours that are almost always sweet, occasionally with slightly salty overtones.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

The climatic and soil factors of île de Ré combined with the producers' cultivation methods are at the origin of the special organoleptic characteristics and qualities of the ‘Pomme de terre de l’île de Ré’.

The early maturity of the ‘Pomme de terre de l’île de Ré’ is due to the land and local know-how. The light, dry and permeable soils, mild temperatures and subtantial amount of sunshine, together with the use of sheeting, allow the soil to warm up rapidly. The gain in maturity can be seen in germinators, when lifting the seed potatoes and up until harvesting.

Another reason for the quality of the ‘Pomme de terre de l’île de Ré’ is its maximum size of 70 mm, which contributes to the organoleptic qualities. Potatoes of this size are obtained through a combination of naturally regulated rainfall and a generally high planting density on the island. The good drying capacity of the soils, the mild temperatures, the heat and the violent winds that aid evapotranspiration also play a part in limiting the size of the potatoes. The high planting densities provide protection against the violent winds on the island.

In other words, the typical features of the ‘Pomme de terre de l’île de Ré’ result from the ideal climate and soil conditions of the island, which are further enhanced by well-adapted cultivation methods and a judicious selection of varieties.

Reference to publication of the specification

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006 (4))

4

https://www.inao.gouv.fr/fichier/CDCPommeDeTerreDeLIleDeRe.pdf

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(1)  OJ L 343, 14.12.2012, p. 1.

1

(2)  OJ L 93, 31.3.2006, p. 12. Replaced by Regulation (EU) No 1151/2012.

2

(3)  Replaced by Regulation (EU) No 1151/2012.

3

(4)  See footnote 3.

4

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