# Official Journal C 241/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.241.eng |
| --- | --- |
| Official Journal
  of the European Union | C 241 |
| | |
| English edition | Information and Notices | Volume 528 October 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.241.eng

Official Journal

of the European Union

C 241

English edition

Information and Notices

Volume 528 October 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | Commission |
| 2009/C 241/01 | Commission Opinion of 7 October 2009 in application of Article 7 of Council Directive 89/686/EEC as regards a prohibition measure adopted by the Polish authorities in respect of the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD (
  1
  ) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

Commission

2009/C 241/01

Commission Opinion of 7 October 2009 in application of Article 7 of Council Directive 89/686/EEC as regards a prohibition measure adopted by the Polish authorities in respect of the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Council |
| 2009/C 241/02 | List of appointments made by the Council (March, April, May, June and July 2009) (Social field) | 3 |
| | Commission |
| 2009/C 241/03 | Euro exchange rates | 8 |
| 2009/C 241/04 | Opinion of the Advisory Committee on concentrations given at its 149th meeting on 19 April 2007 concerning a draft decision relating to Case COMP/M.4381 — JCI/VB/FIAMM (
  1
  ) | 9 |
| 2009/C 241/05 | Final Report of the Hearing Officer in Case COMP/M.4381 — JCI/VB/FIAMM (Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)
   (
  1
  ) | 11 |
| 2009/C 241/06 | Summary of Commission Decision of 10 May 2007 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.4381 — JCI/FIAMM) (notified under document C(2007) 1863 final)
   (
  1
  ) | 12 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2009/C 241/07 | Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections | 16 |
| 2009/C 241/08 | Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections | 17 |
| 2009/C 241/09 | Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — Awards in Predefined Areas 2009 | 18 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

2009/C 241/02

List of appointments made by the Council (March, April, May, June and July 2009) (Social field)

3

Commission

2009/C 241/03

Euro exchange rates

8

2009/C 241/04

Opinion of the Advisory Committee on concentrations given at its 149th meeting on 19 April 2007 concerning a draft decision relating to Case COMP/M.4381 — JCI/VB/FIAMM (
  1
  )

1

9

2009/C 241/05

Final Report of the Hearing Officer in Case COMP/M.4381 — JCI/VB/FIAMM (Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)
   (
  1
  )

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

1

11

2009/C 241/06

Summary of Commission Decision of 10 May 2007 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.4381 — JCI/FIAMM) (notified under document C(2007) 1863 final)
   (
  1
  )

(notified under document C(2007) 1863 final)

1

12

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2009/C 241/07

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections

16

2009/C 241/08

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections

17

2009/C 241/09

Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — Awards in Predefined Areas 2009

18

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2009/C 241/10 | Call for proposals — EACEA/25/09 — Action 4.1 — Support for bodies active at European level in the field of youth | 21 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 241/11 | Decision No 581 of 2 July 2009 on the opening of a procedure for granting authorisation for exploration of oil and natural gas — underground natural resources in accordance with Article 2, paragraph 1, section 3 of the Underground Natural Resources Act, at Block Kilifarevo, located in the territory of North Central Bulgaria and notification of a tendering procedure for the granting of authorisation | 24 |

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2009/C 241/10

Call for proposals — EACEA/25/09 — Action 4.1 — Support for bodies active at European level in the field of youth

21

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 241/11

Decision No 581 of 2 July 2009 on the opening of a procedure for granting authorisation for exploration of oil and natural gas — underground natural resources in accordance with Article 2, paragraph 1, section 3 of the Underground Natural Resources Act, at Block Kilifarevo, located in the territory of North Central Bulgaria and notification of a tendering procedure for the granting of authorisation

24

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

---

(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

OPINIONS

Commission

| 8.10.2009 | EN | Official Journal of the European Union | C 241/1 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/1

---

COMMISSION OPINION

of 7 October 2009

in application of Article 7 of Council Directive 89/686/EEC as regards a prohibition measure adopted by the Polish authorities in respect of the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD

(Text with EEA relevance)

2009/C 241/01

1.   The notification by the Polish authorities

Article 7(1) of Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment (PPE) provides that where a Member State ascertains that personal protective equipment bearing the CE marking and used in accordance with its intended purpose could compromise the safety of persons, domestic animals or property, it shall take all necessary measures to remove such personal protective equipment from the market and to prohibit the placing on the market or free movement thereof.

Pursuant to Article 7(2) of the Directive, the Commission is required, after consulting the parties concerned, to declare whether it finds such a measure justified or not. If the measure is found justified, the Commission shall inform the Member States so that they can take all appropriate measures with respect to the equipment concerned, in accordance with their obligations under Article 2(1).

On 9 July 2008, the Polish authorities notified to the European Commission a measure prohibiting the placing on the market of the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD, manufactured by Kubus Sports B.V., Amsterdamsestraatweg 19, 1411 AW Naarden, The Netherlands.

2.   The reasons given for the notified measure

The Polish authorities indicated that the personal flotation devices (buoyancy aids) in question had not been submitted to the EC type-examination procedure and were not subject to an EC Declaration of conformity as required by Articles 12 and 10 of the Directive respectively.

In addition the instructions for use were missing or incomplete.

The Polish authorities stated that the manufacturer had failed to bring the product into conformity when required to do so according to Article 13(4) of the Directive.

3.   The Commission’s Opinion

On 11 March 2009, the Commission wrote to the manufacturer inviting him to communicate his observations regarding the measure taken by the Polish authorities. To date, no reply has been received.

In light of the documentation available, the Commission considers that the Polish Authorities have demonstrated that the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD fail to comply with the requirements of Directive 89/686/EEC.

Therefore having followed the required procedure, the Commission is of the opinion that the prohibition measure taken by the Polish authorities is justified.

Done at Brussels, 7 October 2009.

For the Commission

Günther VERHEUGEN

Vice-President

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

| 8.10.2009 | EN | Official Journal of the European Union | C 241/3 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/3

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List of appointments made by the Council

(March, April, May, June and July 2009) (Social field)

2009/C 241/02

| Committee | End of term of office | Publication in OJ | Person replaced | Resignation/appointment | Member/alternate | Category | Country | Person appointed | Affiliation | Date of Council Decision |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Mr Carlos GUERVÓS MAÍLLO | Resignation | Member | Government | Spain | Mr Raul RODRIGUEZ PORRAS | Ministerio de Trabajo e Inmigración | 30.3.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Mr Mohamed ANOURAR HAIDOUR | Resignation | Member | Workers | Spain | Ms Paloma LÓPEZ BERMEJO | Secretaria Confederal de Empleo y Migraciones de CCOO | 30.3.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Mr Olli SORAINEN | Resignation | Member | Government | Finland | Ms Tiina OINONEN | Ministry of Employment and the Economy | 30.3.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Ms G. WIDERA-STEVENS | Resignation | Alternate | Government | Netherlands | Ms Cristel van TILBURG | Ministerie van Sociale Zaken en Werkgelegenheid | 25.5.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Ms Ute PLÖTZ | Resignation | Member | Government | Germany | Mr Christoph LINKERHÄGNER | Bundesministerium des Innern | 25.5.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Ms Mirkka MYKKÄNEN | Resignation | Member | Government | Finland | Ms Wivi-Ann WAGELLO-SJÖLUND | Ministry of the Interior Migration Department | 27.7.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Ms Wivi-Ann WAGELLO-SJÖLUND | Resignation | Alternate | Government | Finland | Ms Mirkka MYKKÄNEN | Ministry of the Interior Migration Department | 27.7.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Mr Nikolay NIKOLOV | Resignation | Alternate | Government | Bulgaria | Mr Hristo SIMEONOV | Ministry of Labour and Social Policy | 27.7.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Ms Josephine FARRUGIA | Resignation | Member | Government | Malta | Ms Maria BARTOLO GALEA | Employment and Training Corporation | 27.7.2009 |
| Advisory Committee on Freedom of Movements for Workers | 24.9.2010 | C 253, 4.10.2008 | Mr Carlos LÓPEZ MONÍS | Resignation | Member | Government | Spain | Mr Miguel Ángel AZNAR NIETO | Consejero Técnico de la Secretaría General Técnica Ministerio de Trabajo e Inmigración | 27.7.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr János RÁCZ | Resignation | Alternate | Employers | Hungary | Mr Dezső SZEIFERT | Union of Agrarian Employers | 30.3.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Ms Karin ZIMMERMANN | Resignation | Member | Workers | Austria | Ms Ingrid REIFINGER | Österreichischer Gewerkschaftsbund | 25.5.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Michael HENRY | Resignation | Member | Government | Ireland | Ms Mary DORGAN | Health and Safety Authority | 25.5.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Petar HADJISTOIKOV | Resignation | Alternate | Government | Bulgaria | Ms Darina KONOVA | Ministry of Labour and Social Policy | 25.5.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Ms Barbro KÖHLER KRANTZ | Resignation | Alternate | Government | Sweden | Mr Mikael SJÖBERG | Swedish Work Environment Authority | 25.5.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Ms Lea BATTISTONI | Resignation | Member | Government | Italy | Mr Giuseppe MASTROPIETRO | Ministry of Labour, Health and Social Affairs | 25.5.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Luigi CASANO, | Resignation | Member | Employers | Italy | Ms Fabiola LEUZZI | CONFINDUSTRIA | 25.5.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Tony BRISCOE | Resignation | Alternate | Employers | Ireland | Ms Theresa DOYLE | IBEC | 27.7.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Ms Anna-Lena HULTGRD SANCINI | Resignation | Alternate | Government | Sweden | Mr Stefan HULT | Ministry of Employment | 27.7.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Sven BERGSTRÖM | Resignation | Member | Workers | Sweden | Ms Christina JÄRNSTEDT | Arbetsmiljöombudsman | 27.7.2009 |
| Advisory Committee on Safety and Health at Work | 28.2.2010 | L 64, 2.3.2007 | Mr Lorenzo FANTINI | Resignation | Alternate | Government | Italy | Mr Michele LEPORE | School of Occupational Safety Engineering ‘SAPIENZA’ University of Rome | 27.7.2009 |
| Advisory Committee on Social Security for Migrant Workers | 29.3.2011 | C 83, 7.4.2009 | Ms Lucia PODHRADSKÁ | Resignation | Member | Government | Slovak Republic | Ms Etela KISSOVA | Ministry of Health of the Slovak Republic | 27.7.2009 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2010 | C 271, 14.11.2007 | Mr János RÁCZ | Resignation | Alternate | Employers | Hungary | Mr Dezső SZEIFERT | Union of Agrarian Employers | 30.3.2009 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2010 | C 271, 14.11.2007 | Mr Petar HADJISTOIKOV | Resignation | Alternate | Government | Bulgaria | Ms Darina KONOVA | Ministry of Labour and Social Policy | 25.5.2009 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2010 | C 271, 14.11.2007 | Mr Luigi CASANO | Resignation | Member | Employers | Italy | Ms Fabiola LEUZZI | CONFIDUSTRIA | 27.7.2009 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2010 | C 271, 14.11.2007 | Mr Tony BRISCOE | Resignation | Member | Employers | Ireland | Ms Theresa DOYLE | IBEC | 27.7.2009 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2010 | C 271, 14.11.2007 | Mr Fernando RODRIGO CENCILLO | Resignation | Member | Workers | Spain | Mr Pedro J. LINARES | CCOO | 27.7.2009 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2010 | C 271, 14.11.2007 | Ms Anna-Lena HULTGRD SANCINI | Resignation | Alternate | Government | Sweden | Mr Stefan HULT | Ministry of Employment | 27.7.2009 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2010 | C 271, 14.11.2007 | Ms Lea BATTISTONI | Resignation | Member | Government | Italy | Mr Michele LEPORE | School of Occupational Safety Engineering ‘SAPIENZA’ University of Rome | 27.7.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Ms Elena PALIKOVÁ | Resignation | Alternate | Government | Slovak Republic | Mr Michal IŠTVÁN | Ministry of Labour, Social Affairs and Family | 27.7.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Juhani PEKKOLA | Resignation | Alternate | Government | Finland | Mr Antti NÄRHINEN | Ministry of Employment and the Economy | 27.7.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Valerio SPEZIALE | Resignation | Member | Government | Italy | Mr Michel MARTONE | Studio Legale Martone | 27.7.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Lorenzo FANTINI | Resignation | Alternate | Government | Italy | Mr Francesco CIPRIANI | Ministero del Lavoro, della Salute e delle Politiche Sociali | 27.7.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Grigorios PELORIADIS | Resignation | Member | Government | Greece | Mr Konstantinos PETINIS | Ministry of Employment and Social Protection | 27.7.2009 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2010 | C 282, 24.11.2007 | Mr Konstantinos PETINIS | Resignation | Alternate | Government | Greece | Ms Triantafyllia TOTOU | Ministry of Employment and Social Protection | 27.7.2009 |

Committee

End of term of office

Publication in OJ

Person replaced

Resignation/appointment

Member/alternate

Category

Country

Person appointed

Affiliation

Date of Council Decision

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Mr Carlos GUERVÓS MAÍLLO

Resignation

Member

Government

Spain

Mr Raul RODRIGUEZ PORRAS

Ministerio de Trabajo e Inmigración

30.3.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Mr Mohamed ANOURAR HAIDOUR

Resignation

Member

Workers

Spain

Ms Paloma LÓPEZ BERMEJO

Secretaria Confederal de Empleo y Migraciones de CCOO

30.3.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Mr Olli SORAINEN

Resignation

Member

Government

Finland

Ms Tiina OINONEN

Ministry of Employment and the Economy

30.3.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Ms G. WIDERA-STEVENS

Resignation

Alternate

Government

Netherlands

Ms Cristel van TILBURG

Ministerie van Sociale Zaken en Werkgelegenheid

25.5.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Ms Ute PLÖTZ

Resignation

Member

Government

Germany

Mr Christoph LINKERHÄGNER

Bundesministerium des Innern

25.5.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Ms Mirkka MYKKÄNEN

Resignation

Member

Government

Finland

Ms Wivi-Ann WAGELLO-SJÖLUND

Ministry of the Interior Migration Department

27.7.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Ms Wivi-Ann WAGELLO-SJÖLUND

Resignation

Alternate

Government

Finland

Ms Mirkka MYKKÄNEN

Ministry of the Interior Migration Department

27.7.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Mr Nikolay NIKOLOV

Resignation

Alternate

Government

Bulgaria

Mr Hristo SIMEONOV

Ministry of Labour and Social Policy

27.7.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Ms Josephine FARRUGIA

Resignation

Member

Government

Malta

Ms Maria BARTOLO GALEA

Employment and Training Corporation

27.7.2009

Advisory Committee on Freedom of Movements for Workers

24.9.2010

C 253, 4.10.2008

Mr Carlos LÓPEZ MONÍS

Resignation

Member

Government

Spain

Mr Miguel Ángel AZNAR NIETO

Consejero Técnico de la Secretaría General Técnica Ministerio de Trabajo e Inmigración

27.7.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr János RÁCZ

Resignation

Alternate

Employers

Hungary

Mr Dezső SZEIFERT

Union of Agrarian Employers

30.3.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Ms Karin ZIMMERMANN

Resignation

Member

Workers

Austria

Ms Ingrid REIFINGER

Österreichischer Gewerkschaftsbund

25.5.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Michael HENRY

Resignation

Member

Government

Ireland

Ms Mary DORGAN

Health and Safety Authority

25.5.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Petar HADJISTOIKOV

Resignation

Alternate

Government

Bulgaria

Ms Darina KONOVA

Ministry of Labour and Social Policy

25.5.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Ms Barbro KÖHLER KRANTZ

Resignation

Alternate

Government

Sweden

Mr Mikael SJÖBERG

Swedish Work Environment Authority

25.5.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Ms Lea BATTISTONI

Resignation

Member

Government

Italy

Mr Giuseppe MASTROPIETRO

Ministry of Labour, Health and Social Affairs

25.5.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Luigi CASANO,

Resignation

Member

Employers

Italy

Ms Fabiola LEUZZI

CONFINDUSTRIA

25.5.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Tony BRISCOE

Resignation

Alternate

Employers

Ireland

Ms Theresa DOYLE

IBEC

27.7.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Ms Anna-Lena HULTGRD SANCINI

Resignation

Alternate

Government

Sweden

Mr Stefan HULT

Ministry of Employment

27.7.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Sven BERGSTRÖM

Resignation

Member

Workers

Sweden

Ms Christina JÄRNSTEDT

Arbetsmiljöombudsman

27.7.2009

Advisory Committee on Safety and Health at Work

28.2.2010

L 64, 2.3.2007

Mr Lorenzo FANTINI

Resignation

Alternate

Government

Italy

Mr Michele LEPORE

School of Occupational Safety Engineering ‘SAPIENZA’ University of Rome

27.7.2009

Advisory Committee on Social Security for Migrant Workers

29.3.2011

C 83, 7.4.2009

Ms Lucia PODHRADSKÁ

Resignation

Member

Government

Slovak Republic

Ms Etela KISSOVA

Ministry of Health of the Slovak Republic

27.7.2009

Governing Board of the European Agency for Safety and Health at Work

7.11.2010

C 271, 14.11.2007

Mr János RÁCZ

Resignation

Alternate

Employers

Hungary

Mr Dezső SZEIFERT

Union of Agrarian Employers

30.3.2009

Governing Board of the European Agency for Safety and Health at Work

7.11.2010

C 271, 14.11.2007

Mr Petar HADJISTOIKOV

Resignation

Alternate

Government

Bulgaria

Ms Darina KONOVA

Ministry of Labour and Social Policy

25.5.2009

Governing Board of the European Agency for Safety and Health at Work

7.11.2010

C 271, 14.11.2007

Mr Luigi CASANO

Resignation

Member

Employers

Italy

Ms Fabiola LEUZZI

CONFIDUSTRIA

27.7.2009

Governing Board of the European Agency for Safety and Health at Work

7.11.2010

C 271, 14.11.2007

Mr Tony BRISCOE

Resignation

Member

Employers

Ireland

Ms Theresa DOYLE

IBEC

27.7.2009

Governing Board of the European Agency for Safety and Health at Work

7.11.2010

C 271, 14.11.2007

Mr Fernando RODRIGO CENCILLO

Resignation

Member

Workers

Spain

Mr Pedro J. LINARES

CCOO

27.7.2009

Governing Board of the European Agency for Safety and Health at Work

7.11.2010

C 271, 14.11.2007

Ms Anna-Lena HULTGRD SANCINI

Resignation

Alternate

Government

Sweden

Mr Stefan HULT

Ministry of Employment

27.7.2009

Governing Board of the European Agency for Safety and Health at Work

7.11.2010

C 271, 14.11.2007

Ms Lea BATTISTONI

Resignation

Member

Government

Italy

Mr Michele LEPORE

School of Occupational Safety Engineering ‘SAPIENZA’ University of Rome

27.7.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Ms Elena PALIKOVÁ

Resignation

Alternate

Government

Slovak Republic

Mr Michal IŠTVÁN

Ministry of Labour, Social Affairs and Family

27.7.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Juhani PEKKOLA

Resignation

Alternate

Government

Finland

Mr Antti NÄRHINEN

Ministry of Employment and the Economy

27.7.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Valerio SPEZIALE

Resignation

Member

Government

Italy

Mr Michel MARTONE

Studio Legale Martone

27.7.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Lorenzo FANTINI

Resignation

Alternate

Government

Italy

Mr Francesco CIPRIANI

Ministero del Lavoro, della Salute e delle Politiche Sociali

27.7.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Grigorios PELORIADIS

Resignation

Member

Government

Greece

Mr Konstantinos PETINIS

Ministry of Employment and Social Protection

27.7.2009

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2010

C 282, 24.11.2007

Mr Konstantinos PETINIS

Resignation

Alternate

Government

Greece

Ms Triantafyllia TOTOU

Ministry of Employment and Social Protection

27.7.2009

---

Commission

| 8.10.2009 | EN | Official Journal of the European Union | C 241/8 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/8

---

Euro exchange rates (1)

7 October 2009

2009/C 241/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4694 |
| JPY | Japanese yen | 130,68 |
| DKK | Danish krone | 7,4436 |
| GBP | Pound sterling | 0,92490 |
| SEK | Swedish krona | 10,3610 |
| CHF | Swiss franc | 1,5150 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3640 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,680 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 267,90 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7089 |
| PLN | Polish zloty | 4,2180 |
| RON | Romanian leu | 4,2685 |
| TRY | Turkish lira | 2,1625 |
| AUD | Australian dollar | 1,6512 |
| CAD | Canadian dollar | 1,5546 |
| HKD | Hong Kong dollar | 11,3879 |
| NZD | New Zealand dollar | 2,0025 |
| SGD | Singapore dollar | 2,0582 |
| KRW | South Korean won | 1 719,70 |
| ZAR | South African rand | 10,9850 |
| CNY | Chinese yuan renminbi | 10,0306 |
| HRK | Croatian kuna | 7,2855 |
| IDR | Indonesian rupiah | 13 853,11 |
| MYR | Malaysian ringgit | 5,0217 |
| PHP | Philippine peso | 68,474 |
| RUB | Russian rouble | 43,7065 |
| THB | Thai baht | 49,041 |
| BRL | Brazilian real | 2,5925 |
| MXN | Mexican peso | 19,8597 |
| INR | Indian rupee | 68,6060 |

Currency

Exchange rate

USD

US dollar

1,4694

JPY

Japanese yen

130,68

DKK

Danish krone

7,4436

GBP

Pound sterling

0,92490

SEK

Swedish krona

10,3610

CHF

Swiss franc

1,5150

ISK

Iceland króna

NOK

Norwegian krone

8,3640

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,680

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

267,90

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7089

PLN

Polish zloty

4,2180

RON

Romanian leu

4,2685

TRY

Turkish lira

2,1625

AUD

Australian dollar

1,6512

CAD

Canadian dollar

1,5546

HKD

Hong Kong dollar

11,3879

NZD

New Zealand dollar

2,0025

SGD

Singapore dollar

2,0582

KRW

South Korean won

1 719,70

ZAR

South African rand

10,9850

CNY

Chinese yuan renminbi

10,0306

HRK

Croatian kuna

7,2855

IDR

Indonesian rupiah

13 853,11

MYR

Malaysian ringgit

5,0217

PHP

Philippine peso

68,474

RUB

Russian rouble

43,7065

THB

Thai baht

49,041

BRL

Brazilian real

2,5925

MXN

Mexican peso

19,8597

INR

Indian rupee

68,6060

---

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

---

| 8.10.2009 | EN | Official Journal of the European Union | C 241/9 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/9

---

Opinion of the Advisory Committee on concentrations given at its 149th meeting on 19 April 2007 concerning a draft decision relating to Case COMP/M.4381 — JCI/VB/FIAMM

(Text with EEA relevance)

2009/C 241/04

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of Council Regulation (EC) No 139/2004 and that it has a Community dimension. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of Article 3(1)(b) of Council Regulation (EC) No 139/2004 and that it has a Community dimension.

| 2. | The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant product markets are:






  (a) | the OE market for starter batteries for cars/LCV; |
| --- | --- | --- |

2.

The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant product markets are:

(a)

the OE market for starter batteries for cars/LCV;

| (b) | the OE market for starter batteries for trucks/HCV; |
| --- | --- |

(b)

the OE market for starter batteries for trucks/HCV;

| (c) | the Independent Aftermarket (‘IAM’) for starter batteries for cars/LCV; |
| --- | --- |

(c)

the Independent Aftermarket (‘IAM’) for starter batteries for cars/LCV;

| (d) | the Independent Aftermarket (‘IAM’) for starter batteries for trucks/HCV. |
| --- | --- |

(d)

the Independent Aftermarket (‘IAM’) for starter batteries for trucks/HCV.

| 3. | The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant geographic markets are:






  (a) | EEA-wide in scope for the OE market for starter batteries for cars/LCV; |
| --- | --- | --- |

3.

The Advisory Committee agrees with the Commission that for the purposes of assessing the present operation, the relevant geographic markets are:

(a)

EEA-wide in scope for the OE market for starter batteries for cars/LCV;

| (b) | EEA-wide in scope for the OE market for starter batteries for trucks/HCV; |
| --- | --- |

(b)

EEA-wide in scope for the OE market for starter batteries for trucks/HCV;

| (c) | national in scope for the Independent Aftermarket (‘IAM’) for starter batteries for cars/LCV; |
| --- | --- |

(c)

national in scope for the Independent Aftermarket (‘IAM’) for starter batteries for cars/LCV;

| (d) | national in scope for the Independent Aftermarket (‘IAM’) for starter batteries for trucks/HCV. |
| --- | --- |

(d)

national in scope for the Independent Aftermarket (‘IAM’) for starter batteries for trucks/HCV.

| 4. | The Advisory Committee agrees with the Commission that the notified concentration would create a dominant position on the EEA-wide markets for OE starter batteries for cars/LCV and for OE starter batteries for trucks/HCV (non-coordinated effects). |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the notified concentration would create a dominant position on the EEA-wide markets for OE starter batteries for cars/LCV and for OE starter batteries for trucks/HCV (non-coordinated effects).

| 5. | The Advisory Committee agrees with the Commission that the notified concentration will impede effective competition in the Italian, Austrian, Czech and Slovak IAM markets respectively for car/LCV batteries and for truck/HCV batteries, in particular as a result of the creation of a dominant position. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the notified concentration will impede effective competition in the Italian, Austrian, Czech and Slovak IAM markets respectively for car/LCV batteries and for truck/HCV batteries, in particular as a result of the creation of a dominant position.

| 6. | The Advisory Committee agrees that the conditions of competition cannot be expected to deteriorate to the same extent absent the merger, even if this would lead to the liquidation of FIAMMSBB. |
| --- | --- |

6.

The Advisory Committee agrees that the conditions of competition cannot be expected to deteriorate to the same extent absent the merger, even if this would lead to the liquidation of FIAMMSBB.

| 7. | The Advisory Committee agrees with the Commission that absent appropriate remedial action by the parties, the likely effects of the merger would be significantly worse in the OE market than the effects likely to result in the liquidation scenario. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission that absent appropriate remedial action by the parties, the likely effects of the merger would be significantly worse in the OE market than the effects likely to result in the liquidation scenario.

| 8. | The Advisory Committee agrees with the Commission that absent appropriate remedial action, the effects of the merger are likely to be significantly worse in the IAM market than the effects of the non-merger scenario (i.e. liquidation). |
| --- | --- |

8.

The Advisory Committee agrees with the Commission that absent appropriate remedial action, the effects of the merger are likely to be significantly worse in the IAM market than the effects of the non-merger scenario (i.e. liquidation).

| 9. | The Advisory Committee agrees with the Commission that the improved remedies submitted on 29 March 2007 for the OE market are sufficient to reduce the deterioration of the competitive structure to a level which is at least comparable to that of the liquidation scenario and therefore the commitments are suitable for remedying the significant impediments to effective competition in the EEA-wide OE markets resulting from the proposed transaction. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission that the improved remedies submitted on 29 March 2007 for the OE market are sufficient to reduce the deterioration of the competitive structure to a level which is at least comparable to that of the liquidation scenario and therefore the commitments are suitable for remedying the significant impediments to effective competition in the EEA-wide OE markets resulting from the proposed transaction.

| 10. | The Advisory Committee agrees with the Commission that the commitments are suitable for remedying the significant impediments to effective competition in the Italian, Austrian, Czech, and Slovak IAM markets respectively resulting from the proposed transaction. |
| --- | --- |

10.

The Advisory Committee agrees with the Commission that the commitments are suitable for remedying the significant impediments to effective competition in the Italian, Austrian, Czech, and Slovak IAM markets respectively resulting from the proposed transaction.

| 11. | The Advisory Committee agrees with the Commission that the proposed concentration, as modified by the final committments, does not create nor strengthen a dominant position as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it and as a result it can be declared compatible with the Common Market in accordance with Article 8(2) of the Merger Regulation. |
| --- | --- |

11.

The Advisory Committee agrees with the Commission that the proposed concentration, as modified by the final committments, does not create nor strengthen a dominant position as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it and as a result it can be declared compatible with the Common Market in accordance with Article 8(2) of the Merger Regulation.

| 12. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
| --- | --- |

12.

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

---

| 8.10.2009 | EN | Official Journal of the European Union | C 241/11 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/11

---

Final Report of the Hearing Officer in Case COMP/M.4381 — JCI/VB/FIAMM

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

(Text with EEA relevance)

2009/C 241/05

On 26 October 2006, the Commission received a notification of a proposed concentration by which VB Autobatterie GmbH (‘VB’, Germany), an undertaking jointly controlled by Johnson Controls Inc. (USA) and Robert Bosch GmbH (Germany), acquires sole control of the automotive starter battery business of FIAMM SpA. (‘FIAMM SBB’, Italy).

Upon examination of the notification, the Commission concluded that the notified operation raised serious concerns as to its compatibility with the common market, and decided to initiate proceedings pursuant to Article 6(1)(c) of Council Regulation (EC) No 139/2004 on 4 December 2006.

Access to key documents was provided to the notifying party on 6 December 2006 and 12 December 2006, in accordance with paragraph 45 of DG Competition's Best Practices on the conduct of EC merger control proceedings.

The Commission sent a Statement of Objections to VB on 12 February 2007, to which VB and FIAMM each replied on 26 February 2007. The parties did not request a formal oral hearing.

VB was granted access to file upon issuance of the Statement of Objections. Further access to the results of the market investigation was granted throughout the procedure.

On 8 March 2007, the notifying party offered commitments designed to meet the competition concerns identified by the Commission in the Statement of Objections, and subsequently submitted a revised proposal for commitments on 29 March 2007.

In the light of the Commitments offered by the notifying party, the Commission has concluded that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, subject to the conditions set out in the Annex to the draft Decision.

In the light of the above, I consider that the rights to be heard of all participants to the present proceeding have been respected.

Brussels, 19 April 2007.

Karen WILLIAMS

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| 8.10.2009 | EN | Official Journal of the European Union | C 241/12 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/12

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Summary of Commission Decision

of 10 May 2007

declaring a concentration compatible with the common market and the functioning of the EEA Agreement

(Case COMP/M.4381 — JCI/FIAMM)

(notified under document C(2007) 1863 final)

(Only the English version is authentic)

(Text with EEA relevance)

2009/C 241/06

On 10 May 2007 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (1), and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address:

http://ec.europa.eu/comm/competition/index_en.html

I.   INTRODUCTION

| (1) | On 26 October 2006, the Commission received a notification of a proposed concentration by which VB Autobatterie GmbH (‘VB’), Germany, an undertaking jointly controlled by Johnson Controls Inc. (‘JCI’), USA and Robert Bosch GmbH (‘Bosch’), Germany, acquires sole control within the meaning of Article 3(1)(b) of Regulation (EC) No 139/2004 (‘the Merger Regulation’) of the automotive starter battery business of FIAMM S.p.A. (‘FIAMM SBB’), Italy. |
| --- | --- |

(1)

On 26 October 2006, the Commission received a notification of a proposed concentration by which VB Autobatterie GmbH (‘VB’), Germany, an undertaking jointly controlled by Johnson Controls Inc. (‘JCI’), USA and Robert Bosch GmbH (‘Bosch’), Germany, acquires sole control within the meaning of Article 3(1)(b) of Regulation (EC) No 139/2004 (‘the Merger Regulation’) of the automotive starter battery business of FIAMM S.p.A. (‘FIAMM SBB’), Italy.

| (2) | JCI is a global supplier of automotive components (seating, interior and batteries) and building control systems. Bosch is active worldwide in the areas of automotive technology, consumer goods and building technology. VB is the automotive battery joint venture of JCI and Bosch. VB produces starter batteries for cars, commercial vehicles, motorcycles and boats. It operates seven production plants in Germany, France, Spain and the Czech Republic. |
| --- | --- |

(2)

JCI is a global supplier of automotive components (seating, interior and batteries) and building control systems. Bosch is active worldwide in the areas of automotive technology, consumer goods and building technology. VB is the automotive battery joint venture of JCI and Bosch. VB produces starter batteries for cars, commercial vehicles, motorcycles and boats. It operates seven production plants in Germany, France, Spain and the Czech Republic.

| (3) | FIAMM is a family-owned supplier of automotive components (horns, antennas and starter batteries) and industrial (stand-by) batteries. The transaction concerns the assets of the automotive starter battery business of FIAMM (FIAMM-SBB). |
| --- | --- |

(3)

FIAMM is a family-owned supplier of automotive components (horns, antennas and starter batteries) and industrial (stand-by) batteries. The transaction concerns the assets of the automotive starter battery business of FIAMM (FIAMM-SBB).

| (4) | The notified transaction is arranged as a mixed share and asset deal. FIAMM-SBB currently operates three production plants for automotive starter batteries, two in Italy and one in the Czech Republic. Only FIAMM SBB’s production plant located in Veronella (Italy) is intended to be integrated into the battery business of VB. VB will not acquire the automotive battery plant of FIAMM in the Czech Republic (either the building or the machinery or equipment). The parties explain that FIAMM will convert this plant into an industrial battery plant over a certain period of time. As regards the starter batteries currently produced in this plant, VB (or a subsidiary of VB) will conclude an exclusive supply agreement for a period up to 31 March 2008. Furthermore, VB will acquire the machinery and equipment of FIAMM SBB’s production plant in Avezzano (Italy) but not the land and buildings of this plant, which will be rented by VB. |
| --- | --- |

(4)

The notified transaction is arranged as a mixed share and asset deal. FIAMM-SBB currently operates three production plants for automotive starter batteries, two in Italy and one in the Czech Republic. Only FIAMM SBB’s production plant located in Veronella (Italy) is intended to be integrated into the battery business of VB. VB will not acquire the automotive battery plant of FIAMM in the Czech Republic (either the building or the machinery or equipment). The parties explain that FIAMM will convert this plant into an industrial battery plant over a certain period of time. As regards the starter batteries currently produced in this plant, VB (or a subsidiary of VB) will conclude an exclusive supply agreement for a period up to 31 March 2008. Furthermore, VB will acquire the machinery and equipment of FIAMM SBB’s production plant in Avezzano (Italy) but not the land and buildings of this plant, which will be rented by VB.

| (5) | The proposed transaction consists in the acquisition of sole control by VB over FIAMM SBB. It therefore constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation. |
| --- | --- |

(5)

The proposed transaction consists in the acquisition of sole control by VB over FIAMM SBB. It therefore constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.

II.   EXPLANATORY MEMORANDUM

A.   Competitive Assessment

| (6) | In the decision, the Commission considers that the merger would significantly impede effective competition in a number of markets: the EEA-wide markets for the supply of car and of truck starter batteries to original equipment manufacturers and suppliers (‘OE-markets’), and the national Italian, Austrian, Czech and Slovak markets for the supply of car and of truck starter batteries to the Independent Aftermarket (‘IAM-markets’), |
| --- | --- |

(6)

In the decision, the Commission considers that the merger would significantly impede effective competition in a number of markets: the EEA-wide markets for the supply of car and of truck starter batteries to original equipment manufacturers and suppliers (‘OE-markets’), and the national Italian, Austrian, Czech and Slovak markets for the supply of car and of truck starter batteries to the Independent Aftermarket (‘IAM-markets’),

EEA-wide OE markets

| (7) | The decision concludes that the notified concentration — without considering at this stage the likely effects if FIAMM SBB would exit the market because of financial failure — would create a dominant position on the EEA-wide markets for OE starter batteries for cars and for OE starter batteries for trucks. This conclusion is based on the following main findings: (i) the notified transaction would remove a strong competitive constraint and significantly increase the concentration level of the OE market for starter batteries for cars/LCV and would in addition remove a significant competitive constraint from the OE market for starter batteries for trucks/HCV; (ii) following the merger, the ability of OE customers to switch to alternative suppliers would be extremely limited, in particular due to the lack of significant overcapacity and the existing barriers to expand production capacity; (iii) significant barriers to entry in addition render swift market entry of new suppliers unlikely; and (iv) the detrimental effects on competition resulting from the merger are not likely to be counteracted by the alleged countervailing buyer power of OE-customers. |
| --- | --- |

(7)

The decision concludes that the notified concentration — without considering at this stage the likely effects if FIAMM SBB would exit the market because of financial failure — would create a dominant position on the EEA-wide markets for OE starter batteries for cars and for OE starter batteries for trucks. This conclusion is based on the following main findings: (i) the notified transaction would remove a strong competitive constraint and significantly increase the concentration level of the OE market for starter batteries for cars/LCV and would in addition remove a significant competitive constraint from the OE market for starter batteries for trucks/HCV; (ii) following the merger, the ability of OE customers to switch to alternative suppliers would be extremely limited, in particular due to the lack of significant overcapacity and the existing barriers to expand production capacity; (iii) significant barriers to entry in addition render swift market entry of new suppliers unlikely; and (iv) the detrimental effects on competition resulting from the merger are not likely to be counteracted by the alleged countervailing buyer power of OE-customers.

| (8) | In the course of the procedure the parties raised the issues that if the present transaction does not go through, the entire FIAMM group will be forced out of the market due to its poor financial conditions. This would allegedly entail a worsening of the competitive conditions in the relevant markets similar or no worse than the possible adverse effects that would result form the present merger. |
| --- | --- |

(8)

In the course of the procedure the parties raised the issues that if the present transaction does not go through, the entire FIAMM group will be forced out of the market due to its poor financial conditions. This would allegedly entail a worsening of the competitive conditions in the relevant markets similar or no worse than the possible adverse effects that would result form the present merger.

| (9) | Based on its practice and relevant Court judgments, the Commission considers three main elements especially relevant in order to establish whether a ‘rescue merger’ may be permitted despite its adverse effects on competition: (i) the allegedly failing firm would in the near future be forced out of the market because of financial difficulties if not taken over by another undertaking; (ii) there is no less anti-competitive alternative purchase than the notified merger; (iii) in the absence of a merger, the assets of the failing firm would inevitably exit the market. Ultimately, it is to be assessed whether the deterioration of the competitive structure that follows the merger cannot be said to be caused by the merger. This would arise where the competitive structure of the market would deteriorate to at least the same extent in the absence of the merger. |
| --- | --- |

(9)

Based on its practice and relevant Court judgments, the Commission considers three main elements especially relevant in order to establish whether a ‘rescue merger’ may be permitted despite its adverse effects on competition: (i) the allegedly failing firm would in the near future be forced out of the market because of financial difficulties if not taken over by another undertaking; (ii) there is no less anti-competitive alternative purchase than the notified merger; (iii) in the absence of a merger, the assets of the failing firm would inevitably exit the market. Ultimately, it is to be assessed whether the deterioration of the competitive structure that follows the merger cannot be said to be caused by the merger. This would arise where the competitive structure of the market would deteriorate to at least the same extent in the absence of the merger.

| (10) | In the decision, the Commission concludes that (i) FIAMM SBB — if not taken over by another company — would be forced out of the relevant markets; (ii) it appears more likely than not that there is no less anti-competitive purchase for the SBB business than the notified merger; (iii) it is not established that — absent the merger — all of the assets of FIAMM SBB would inevitably exit the market. Indeed, individual assets (machinery, production lines, brands) could be purchased by smaller producers in the course of the liquidation process and could be brought back to the market with some delay (which may result from the liquidation process plus time needed to the buyer to adjust these assets to its own plant and make them productive again). |
| --- | --- |

(10)

In the decision, the Commission concludes that (i) FIAMM SBB — if not taken over by another company — would be forced out of the relevant markets; (ii) it appears more likely than not that there is no less anti-competitive purchase for the SBB business than the notified merger; (iii) it is not established that — absent the merger — all of the assets of FIAMM SBB would inevitably exit the market. Indeed, individual assets (machinery, production lines, brands) could be purchased by smaller producers in the course of the liquidation process and could be brought back to the market with some delay (which may result from the liquidation process plus time needed to the buyer to adjust these assets to its own plant and make them productive again).

| (11) | As for the overall criterion for assessing whether the proposed transaction has to be considered to be the cause of the significant impediment of effective competition, the Commission has assessed whether absent the merger ‘the competitive structure of the market would deteriorate to at least the same extent’, separately for each of the relevant markets for which a significant impediment of effective competition would occur. |
| --- | --- |

(11)

As for the overall criterion for assessing whether the proposed transaction has to be considered to be the cause of the significant impediment of effective competition, the Commission has assessed whether absent the merger ‘the competitive structure of the market would deteriorate to at least the same extent’, separately for each of the relevant markets for which a significant impediment of effective competition would occur.

| (12) | Regarding the OE market, the decision concludes that the liquidation of FIAMM SBB would give rise to the exit of SBB as a going concern and a short-term reduction of capacity in the market. Ex-FIAMM market shares would most likely be reallocated to the advantage of those ‘approved’ suppliers of OE starter batteries which would fill the ‘capacity gap’. It is likely that the largest part would go to JCI, but also to other competitors as Exide and Banner. In any event the current market shares of FIAMM would in the short term not go automatically to JCI, which is the most likely outcome of the ‘merger scenario’. Furthermore, alternative suppliers would have an incentive and the ability to expand or to enter the market. Based on these considerations, the decision concludes that the competitive structure of the market would deteriorate less in the absence of the merger. |
| --- | --- |

(12)

Regarding the OE market, the decision concludes that the liquidation of FIAMM SBB would give rise to the exit of SBB as a going concern and a short-term reduction of capacity in the market. Ex-FIAMM market shares would most likely be reallocated to the advantage of those ‘approved’ suppliers of OE starter batteries which would fill the ‘capacity gap’. It is likely that the largest part would go to JCI, but also to other competitors as Exide and Banner. In any event the current market shares of FIAMM would in the short term not go automatically to JCI, which is the most likely outcome of the ‘merger scenario’. Furthermore, alternative suppliers would have an incentive and the ability to expand or to enter the market. Based on these considerations, the decision concludes that the competitive structure of the market would deteriorate less in the absence of the merger.

National IAM markets

| (13) | The decision concludes that the notified concentration — without considering at this stage the likely effects if FIAMM SBB would exit the market because of financial failure — would create a dominant position on the Italian, Austrian, Czech and Slovak markets for IAM starter batteries for cars and for IAM starter batteries for trucks. |
| --- | --- |

(13)

The decision concludes that the notified concentration — without considering at this stage the likely effects if FIAMM SBB would exit the market because of financial failure — would create a dominant position on the Italian, Austrian, Czech and Slovak markets for IAM starter batteries for cars and for IAM starter batteries for trucks.

| (14) | In these markets, FIAMM owns strong brands with an important national footprint. Conversely, FIAMM does not have nationally recognised brands in the other markets. VB's market presence is more homogeneous across Europe, and significant in each of the four national markets where FIAMM is strong. |
| --- | --- |

(14)

In these markets, FIAMM owns strong brands with an important national footprint. Conversely, FIAMM does not have nationally recognised brands in the other markets. VB's market presence is more homogeneous across Europe, and significant in each of the four national markets where FIAMM is strong.

| (15) | In Italy, Austria, Czech Republic and Slovakia, a very high percentage of the batteries sold are branded as opposed to private label, much more than in other European markets. The value of brands, including FIAMM’s, is something that is rooted in the consumer's preferences and awareness and that can outlive the company owing them. |
| --- | --- |

(15)

In Italy, Austria, Czech Republic and Slovakia, a very high percentage of the batteries sold are branded as opposed to private label, much more than in other European markets. The value of brands, including FIAMM’s, is something that is rooted in the consumer's preferences and awareness and that can outlive the company owing them.

| (16) | Additionally, distribution and retail in these countries is oriented more towards traditional types of retail channels (independent workshops, repair shops, filling stations, battery specialists, wholesalers) rather than towards ‘modern’ retail channels (supermarket/building centres, car centres, fast fitters/tyre retailers) or towards buyer groups. This factor increases the relevance of branded products: traditional distribution and retail channels tend to handle smaller volumes and rely more on the offer of their suppliers in terms of products sold and of marketing and communication. |
| --- | --- |

(16)

Additionally, distribution and retail in these countries is oriented more towards traditional types of retail channels (independent workshops, repair shops, filling stations, battery specialists, wholesalers) rather than towards ‘modern’ retail channels (supermarket/building centres, car centres, fast fitters/tyre retailers) or towards buyer groups. This factor increases the relevance of branded products: traditional distribution and retail channels tend to handle smaller volumes and rely more on the offer of their suppliers in terms of products sold and of marketing and communication.

| (17) | The merger would combine VB's strong brands (Varta and Bosch) with FIAMM’s strong national brands (FIAMM, Uranio and AAA in Italy, Bären in Austria and Akuma in the Czech Republic and Slovak Republic). No other supplier would have a similar portfolio of brands: the closest competitor post merger (Exide in Italy and Slovakia, Banner in Austria and Czech Republic) would be very distant in terms of both market shares and brands. Smaller suppliers and private label products would not be able to compete on the high end of the market; the market investigation indeed confirmed the existing large price gap between branded and non branded products as well as customer's reluctance to switch in case of price increases. |
| --- | --- |

(17)

The merger would combine VB's strong brands (Varta and Bosch) with FIAMM’s strong national brands (FIAMM, Uranio and AAA in Italy, Bären in Austria and Akuma in the Czech Republic and Slovak Republic). No other supplier would have a similar portfolio of brands: the closest competitor post merger (Exide in Italy and Slovakia, Banner in Austria and Czech Republic) would be very distant in terms of both market shares and brands. Smaller suppliers and private label products would not be able to compete on the high end of the market; the market investigation indeed confirmed the existing large price gap between branded and non branded products as well as customer's reluctance to switch in case of price increases.

| (18) | As for the OE markets, the Commission has assessed whether absent the merger ‘the competitive structure of the market would deteriorate to at least the same extent’, separately for each of the relevant markets for which a significant impediment of effective competition would occur. |
| --- | --- |

(18)

As for the OE markets, the Commission has assessed whether absent the merger ‘the competitive structure of the market would deteriorate to at least the same extent’, separately for each of the relevant markets for which a significant impediment of effective competition would occur.

| (19) | On this aspect, the decision considers that the main assets which are particularly relevant to the IAM markets are FIAMM’s brands. Although diminished in case of FIAMM’s liquidation, it is likely that these brands maintain a large portion of their value and could be usefully purchased by VB’s competitors, allowing them to compete effectively with VB’s strong brands. Such competitors would normally have sufficient capacity to produce a sufficient number of batteries to serve the IAM markets. |
| --- | --- |

(19)

On this aspect, the decision considers that the main assets which are particularly relevant to the IAM markets are FIAMM’s brands. Although diminished in case of FIAMM’s liquidation, it is likely that these brands maintain a large portion of their value and could be usefully purchased by VB’s competitors, allowing them to compete effectively with VB’s strong brands. Such competitors would normally have sufficient capacity to produce a sufficient number of batteries to serve the IAM markets.

| (20) | Based on these considerations, the decision concludes that the competitive structure of the market would deteriorate less in the absence of the merger. |
| --- | --- |

(20)

Based on these considerations, the decision concludes that the competitive structure of the market would deteriorate less in the absence of the merger.

B.   Commitments

| (21) | In order to remedy the competition concerns identified by the Commission, the parties submitted commitments on 9 March 2007. |
| --- | --- |

(21)

In order to remedy the competition concerns identified by the Commission, the parties submitted commitments on 9 March 2007.

| (22) | Most answers of the market test showed that the commitments, while being sufficient to remove the competitive concerns in the IAM markets, were not sufficient to remove the competition concerns in the OE markets. |
| --- | --- |

(22)

Most answers of the market test showed that the commitments, while being sufficient to remove the competitive concerns in the IAM markets, were not sufficient to remove the competition concerns in the OE markets.

| (23) | After being informed by the Commission on the results of the market test, the parties modified their initial commitments for the OE markets on 29 March 2007. |
| --- | --- |

(23)

After being informed by the Commission on the results of the market test, the parties modified their initial commitments for the OE markets on 29 March 2007.

OE markets — the commitments proposed on 29 March 2007

| (24) | The commitments offered by the parties consist of two main elements:






  — | the divestiture of [one of the parties]'s car battery production plant in [Plant] (2) for a total capacity indicated in [...] (2) million batteries per year. Current OE starter battery production at [Plant] (2) is of around [1-2] (2) million batteries per year; IAM batteries are produced in similar volumes. Although the divestiture of the IAM battery business at [Plant] is not necessary to restore competition, it may be necessary to guarantee the viability of the plant, which rests on both lines of production, |
| --- | --- | --- |

(24)

The commitments offered by the parties consist of two main elements:

—

the divestiture of [one of the parties]'s car battery production plant in [Plant] (2) for a total capacity indicated in [...] (2) million batteries per year. Current OE starter battery production at [Plant] (2) is of around [1-2] (2) million batteries per year; IAM batteries are produced in similar volumes. Although the divestiture of the IAM battery business at [Plant] is not necessary to restore competition, it may be necessary to guarantee the viability of the plant, which rests on both lines of production,

| — | [one of the parties] (2) commits to sell certain separate pieces of equipment for the production of starter batteries for both cars/LCV and trucks/HCV currently in use at its [Plant] (2) plant. Although the equipment offered would not constitute a complete production line, it would be consistent with a yearly production capacity of approximately [1-2] (2) million batteries. |
| --- | --- |

—

[one of the parties] (2) commits to sell certain separate pieces of equipment for the production of starter batteries for both cars/LCV and trucks/HCV currently in use at its [Plant] (2) plant. Although the equipment offered would not constitute a complete production line, it would be consistent with a yearly production capacity of approximately [1-2] (2) million batteries.

OE markets — Assessment of commitments

| (25) | On the basis of its assessment of the information provided by the investigation, and, in particular, of the results of the previous consultation of the market operators, the decision considers that the modified commitments proposed by the parties on 29 March 2007 are clear-cut and sufficient to remove the competition concerns, without the need to run a further market test, for the following reasons:






  — | the [Plant] (2) plant is a significant supplier of starter batteries to the OE car market, with a market share of around [5-10] (2) % in the EEA. The impact of the remedy would fall short of eliminating the overlap between VB and FIAMM. However, the market share that VB will gain as a result of the transaction post-remedy is likely to be less than what VB would gain, were FIAMM to exit the market as a result of liquidation. Therefore, the remedy would certainly improve the situation with respect to the counterfactual of FIAMM exiting the starter batteries markets, |
| --- | --- | --- |

(25)

On the basis of its assessment of the information provided by the investigation, and, in particular, of the results of the previous consultation of the market operators, the decision considers that the modified commitments proposed by the parties on 29 March 2007 are clear-cut and sufficient to remove the competition concerns, without the need to run a further market test, for the following reasons:

—

the [Plant] (2) plant is a significant supplier of starter batteries to the OE car market, with a market share of around [5-10] (2) % in the EEA. The impact of the remedy would fall short of eliminating the overlap between VB and FIAMM. However, the market share that VB will gain as a result of the transaction post-remedy is likely to be less than what VB would gain, were FIAMM to exit the market as a result of liquidation. Therefore, the remedy would certainly improve the situation with respect to the counterfactual of FIAMM exiting the starter batteries markets,

| — | thanks to the [Plant]’s (2) geographical location and its large overall capacity, the plant is well placed to increase its presence in the OE market. Capacity utilisation at the [Plant] (2) plant has been consistently high in recent years, at around [90-100] (2) %, |
| --- | --- |

—

thanks to the [Plant]’s (2) geographical location and its large overall capacity, the plant is well placed to increase its presence in the OE market. Capacity utilisation at the [Plant] (2) plant has been consistently high in recent years, at around [90-100] (2) %,

| — | if necessary to ensure the viability of the plant, the IAM Business will be also divested by [one of the parties] (2), |
| --- | --- |

—

if necessary to ensure the viability of the plant, the IAM Business will be also divested by [one of the parties] (2),

| — | the divestiture of the [Plant] (2) equipment will help currently capacity constrained battery manufacturers to increase their capacity at their own plants. The [Plant] (2) equipment is capable of producing both car and truck batteries and could increase the OE capacity and market presence of the purchaser. |
| --- | --- |

—

the divestiture of the [Plant] (2) equipment will help currently capacity constrained battery manufacturers to increase their capacity at their own plants. The [Plant] (2) equipment is capable of producing both car and truck batteries and could increase the OE capacity and market presence of the purchaser.

IAM markets — the commitments proposed on 9 March 2007

| (26) | In the IAM markets, VB committed to divest a number of trademarks and businesses, which consist of: (i) the [A] (2)trademark and business in the EEA; (ii) the [B] (2) trademark and business in the EEA; (iii) the [C] (2) trademark and business in the EEA; and (iv) the [D] (2) trademark and business in the EEA; (v) the [E] (2) trademark and business in the EEA. Additionally, VB and FIAMM committed, at the option of the purchaser, to enter into a temporary supply or toll manufacturing agreement with the purchaser for the non-exclusive supply of or toll manufacturing of starter batteries for a total of maximum [0-1 million] (2) batteries over a period of [...] (2). |
| --- | --- |

(26)

In the IAM markets, VB committed to divest a number of trademarks and businesses, which consist of: (i) the [A] (2)trademark and business in the EEA; (ii) the [B] (2) trademark and business in the EEA; (iii) the [C] (2) trademark and business in the EEA; and (iv) the [D] (2) trademark and business in the EEA; (v) the [E] (2) trademark and business in the EEA. Additionally, VB and FIAMM committed, at the option of the purchaser, to enter into a temporary supply or toll manufacturing agreement with the purchaser for the non-exclusive supply of or toll manufacturing of starter batteries for a total of maximum [0-1 million] (2) batteries over a period of [...] (2).

IAM markets — assessment of commitments

| (27) | On the basis of its assessment of the information provided by the investigation, and, in particular, of the results of the market test, the decision considers that the commitments proposed by the parties on 9 March 2007 are sufficient to remove the competition concerns, for the following reasons:






  — | in Italy, the brands to be divested have an important commercial value, which would not be lost if the brands where to be separated from FIAMM. While FIAMM is clearly seen as the most valuable brand, [A] (2) and [B] (2) are also considered as good brands in the Italian aftermarket. Customers believe that there are starter battery producers which could be interested and willing to purchase the brands and businesses to be divested and to compete effectively with VB post-merger. Although the brands divestiture does not include the highly rated FIAMM brand, the market test has clearly indicated that the remedy proposed by the notifying party is sufficient to solve the competition problem identified by the Commission in the Italian IAM and has consistently provided reasons to support this view, |
| --- | --- | --- |

(27)

On the basis of its assessment of the information provided by the investigation, and, in particular, of the results of the market test, the decision considers that the commitments proposed by the parties on 9 March 2007 are sufficient to remove the competition concerns, for the following reasons:

—

in Italy, the brands to be divested have an important commercial value, which would not be lost if the brands where to be separated from FIAMM. While FIAMM is clearly seen as the most valuable brand, [A] (2) and [B] (2) are also considered as good brands in the Italian aftermarket. Customers believe that there are starter battery producers which could be interested and willing to purchase the brands and businesses to be divested and to compete effectively with VB post-merger. Although the brands divestiture does not include the highly rated FIAMM brand, the market test has clearly indicated that the remedy proposed by the notifying party is sufficient to solve the competition problem identified by the Commission in the Italian IAM and has consistently provided reasons to support this view,

| — | in Austria, Czech Republic and Slovakia, the brands to be divested represent virtually all sales of branded products by FIAMM. Customers and competitors see these divestitures as capable of providing purchasers with valuable assets which will enable them to compete effectively with the merged entity. |
| --- | --- |

—

in Austria, Czech Republic and Slovakia, the brands to be divested represent virtually all sales of branded products by FIAMM. Customers and competitors see these divestitures as capable of providing purchasers with valuable assets which will enable them to compete effectively with the merged entity.

III.   CONCLUSION

| (28) | The concentration as notified would significantly impede competition in a number of markets. The commitments offered by the parties on 9 March 2007 and modified for the OE markets on 29 March 2007 are sufficient to remove the competition concerns identified by the Commission. Therefore, and subject to the parties’ full compliance with their commitments, the decision concludes that the concentration is compatible with the common market. |
| --- | --- |

(28)

The concentration as notified would significantly impede competition in a number of markets. The commitments offered by the parties on 9 March 2007 and modified for the OE markets on 29 March 2007 are sufficient to remove the competition concerns identified by the Commission. Therefore, and subject to the parties’ full compliance with their commitments, the decision concludes that the concentration is compatible with the common market.

---

(1)  OJ L 24, 29.1.2004, pp. 1-22.

(2)  Confidential information.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 8.10.2009 | EN | Official Journal of the European Union | C 241/16 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/16

---

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement

EFTA Surveillance Authority decision not to raise objections

2009/C 241/07

| Date of adoption of the decision | : | 27 March 2009 |
| --- | --- | --- |
| Case number | : | 65140 |
| EFTA State | : | Iceland |
| Title | : | Loan category of the Housing Financing Fund on lending to banks, saving banks and other financial institutions for the purpose of temporarily refinancing mortgage loans |
| Legal basis | : | Regulation (EC) No 715/2008 of 17 July 2008, amending Regulation (EC) No 458/1999 on the loan categories of the Housing Financing Fund, as subsequently replaced by Regulation (EC) No 57/2009 on the loan categories of the Housing Financing Fund |
| Objective | : | To remedy the serious disturbance in the economy |
| Form of aid | : | Asset swap |
| Budget | : | ISK 30 billion (approximately EUR 246 million) |
| Duration | : | Three months, subject to prolongations up to maximum 12 months, upon applicant’s request |
| Economic sectors | : | Banking and financial sector |
| Name and address of the granting authority | : | Housing Financing Fund |
| Borgartúni 21 |
| 105 Reykjavik |
| ICELAND |

Date of adoption of the decision

:

27 March 2009

Case number

:

65140

EFTA State

:

Iceland

Title

:

Loan category of the Housing Financing Fund on lending to banks, saving banks and other financial institutions for the purpose of temporarily refinancing mortgage loans

Legal basis

:

Regulation (EC) No 715/2008 of 17 July 2008, amending Regulation (EC) No 458/1999 on the loan categories of the Housing Financing Fund, as subsequently replaced by Regulation (EC) No 57/2009 on the loan categories of the Housing Financing Fund

Objective

:

To remedy the serious disturbance in the economy

Form of aid

:

Asset swap

Budget

:

ISK 30 billion (approximately EUR 246 million)

Duration

:

Three months, subject to prolongations up to maximum 12 months, upon applicant’s request

Economic sectors

:

Banking and financial sector

Name and address of the granting authority

:

Housing Financing Fund

Borgartúni 21

105 Reykjavik

ICELAND

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/

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| 8.10.2009 | EN | Official Journal of the European Union | C 241/17 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/17

---

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement

EFTA Surveillance Authority decision not to raise objections

2009/C 241/08

| Date of adoption of the decision | : | 31.3.2009 |
| --- | --- | --- |
| Case number | : | 65827 |
| EFTA State | : | Norway |
| Region | : | Nordland |
| Title (and/or name of the beneficiary) | : | Route Development Fund Bodø |
| Legal basis | : | Article 61(3)(c) EEA |
| Type of measure | : | Aid scheme |
| Objective | : | Creation of new international air routes to Bodø |
| Form of aid | : | (i) | Route-specific marketing support |

Date of adoption of the decision

:

31.3.2009

Case number

:

65827

EFTA State

:

Norway

Region

:

Nordland

Title (and/or name of the beneficiary)

:

Route Development Fund Bodø

Legal basis

:

Article 61(3)(c) EEA

Type of measure

:

Aid scheme

Objective

:

Creation of new international air routes to Bodø

Form of aid

:

(i)

Route-specific marketing support

| (ii) | Development project aid |
| --- | --- |

(ii)

Development project aid

| (iii) | Discount support for airport charges |
| --- | --- |

(iii)

Discount support for airport charges

Budget

:

NOK 12 million (approximately EUR 1,2 million)

Intensity costs

:

Aid cannot exceed 50 % of total eligible for a given year and total aid may not may not exceed an average of 40 % of eligible costs

Duration

:

Five years

Economic sectors

:

Passenger air transport

Name and address of the granting authority

:

| Bodø Municipality |
| --- |
| Postbox 319 |
| 8001 Bodø |
| NORWAY |

Bodø Municipality

Postbox 319

8001 Bodø

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/

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| 8.10.2009 | EN | Official Journal of the European Union | C 241/18 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/18

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Announcement from Norway concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

Announcement of invitation to apply for petroleum production licences on the Norwegian Continental Shelf — Awards in Predefined Areas 2009

2009/C 241/09

The Norwegian Ministry of Petroleum and Energy hereby announces an invitation to apply for petroleum production licences in accordance with Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons, Article 3, para 2, litra (a).

Production licences will be awarded to joint stock companies registered in Norway or in another state party to the Agreement on the European Economic Area (the EEA Agreement), or to natural persons domiciled in a state party to the EEA Agreement. The joint stock company shall have a minimum equity share capital of NOK 1 million or an amount equivalent to this in the currency of the country of registration.

Companies which are not presently licensees on the Norwegian Continental Shelf may be awarded production licences if they are prequalified as licensees on the Norwegian Continental Shelf.

Companies submitting individual applications and companies applying as part of a group will be treated on equal terms by the Ministry. Applicants submitting an individual application, or applicants being part of a group submitting a joint application, will all be considered as an applicant for a production licence. The Ministry may, on the basis of applications submitted by groups or individual applicants, determine the composition of the licence groups and appoint the operator for such groups.

The award of a participating interest in a production licence will be subject to the licensees’ entering into an Agreement for Petroleum Activities, including a Joint Operating Agreement and an Accounting Agreement. If the production licence is stratigrafically divided, the licensees of the two stratigrafically divided licences will also be required to enter into a specific Joint Operating Agreement, regulating the relationship between them in this respect.

Upon signing the said agreements the licensees will form a joint venture in which the size of their participating interest will at all times be identical to their participating interest in the production licence.

The licence documents will mainly be based on relevant documents from the Awards in Predefined Areas 2008. The aim is to make the main elements of any adjustments to the framework available to the industry prior to the time of application.

Criteria for the award of a production licence

To promote good resource management and rapid and efficient exploration for and production of petroleum on the Norwegian Continental Shelf, including the composition of licence groups to ensure this, the following criteria shall apply to the award of participating interests in production licences and to the appointment of operator.

| (a) | The relevant technical expertise of the applicant, including expertise related to development work, research, safety and the environment, and how this expertise may actively contribute to cost-effective exploration and, as appropriate, the production of petroleum from the geographical area in question. |
| --- | --- |

(a)

The relevant technical expertise of the applicant, including expertise related to development work, research, safety and the environment, and how this expertise may actively contribute to cost-effective exploration and, as appropriate, the production of petroleum from the geographical area in question.

| (b) | That the applicant has the satisfactory financial capacity to carry out exploration for and, as appropriate, production of petroleum in the geographical area in question. |
| --- | --- |

(b)

That the applicant has the satisfactory financial capacity to carry out exploration for and, as appropriate, production of petroleum in the geographical area in question.

| (c) | The applicant's geological understanding of the geographical area in question, and how the licensees propose to perform efficient exploration for petroleum. |
| --- | --- |

(c)

The applicant's geological understanding of the geographical area in question, and how the licensees propose to perform efficient exploration for petroleum.

| (d) | The applicant's previous experience on the Norwegian Continental Shelf or equivalent relevant experience from other areas. |
| --- | --- |

(d)

The applicant's previous experience on the Norwegian Continental Shelf or equivalent relevant experience from other areas.

| (e) | The Ministry’s experience regarding the applicant's petroleum activities. |
| --- | --- |

(e)

The Ministry’s experience regarding the applicant's petroleum activities.

| (f) | Where applicants apply as part of a group, the composition of the group, the operator recommended and the collective competence of the group will be taken into account. |
| --- | --- |

(f)

Where applicants apply as part of a group, the composition of the group, the operator recommended and the collective competence of the group will be taken into account.

| (g) | Production licences will mainly be awarded to a joint venture where at least one participant has drilled at least one exploration well on the Norwegian Continental Shelf as operator, or has equivalent relevant operational experience outside the Norwegian Continental Shelf. |
| --- | --- |

(g)

Production licences will mainly be awarded to a joint venture where at least one participant has drilled at least one exploration well on the Norwegian Continental Shelf as operator, or has equivalent relevant operational experience outside the Norwegian Continental Shelf.

| (h) | Production licences will mainly be awarded to two or more participants, where at least one of them has experience as mentioned under (g). |
| --- | --- |

(h)

Production licences will mainly be awarded to two or more participants, where at least one of them has experience as mentioned under (g).

| (i) | The appointed operator for production licences in the Barents Sea must have drilled at least one exploration well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the Norwegian Continental Shelf. |
| --- | --- |

(i)

The appointed operator for production licences in the Barents Sea must have drilled at least one exploration well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the Norwegian Continental Shelf.

| (j) | The appointed operator for production licences in deep waters must have drilled at least one exploration well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the Norwegian Continental Shelf. |
| --- | --- |

(j)

The appointed operator for production licences in deep waters must have drilled at least one exploration well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the Norwegian Continental Shelf.

| (k) | The appointed operator for production licences in which the drilling of exploration wells implies high pressure and/or high temperatures (HPHT), must have drilled at least one exploration well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the Norwegian Continental Shelf. |
| --- | --- |

(k)

The appointed operator for production licences in which the drilling of exploration wells implies high pressure and/or high temperatures (HPHT), must have drilled at least one exploration well on the Norwegian Continental Shelf as operator or have equivalent relevant operational experience outside the Norwegian Continental Shelf.

Blocks available for application

The geographical area for which applications may be submitted is the area on the Norwegian Continental Shelf predefined for this licensing round. Applications for participating interests in production licences may be submitted for the blocks that are not licenced within the predefined area, and for blocks or parts of blocks that have been relinquished within the predefined area before the expiry of the deadline for submission of applications.

Updated maps showing the available blocks may be found on the web page of the Norwegian Petroleum Directorate (Fact maps: http://www.npd.no/apa2009), or by contacting the Ministry of Petroleum and Energy, Tel. +47 22246209.

Applications for petroleum production licences shall be submitted to

| Ministry of Petroleum and Energy |
| --- |
| PO Box 8148 Dep. |
| 0033 Oslo |
| NORWAY |

Ministry of Petroleum and Energy

PO Box 8148 Dep.

0033 Oslo

NORWAY

Deadline: 12.00 noon on 15 September 2009

The award of petroleum production licences in the Awards in Predefined Areas 2009 on the Norwegian Continental Shelf will take place no less than 90 days after the date of publication of the invitation to submit applications and is planned for end of 2009/early 2010, but no later than 20 January 2010.

The full text of the announcement, including detailed maps of available areas may be obtained by visiting http://www.npd.no/apa2009, or by contacting the Ministry of Petroleum and Energy, Tel. +47 22246209.

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V Announcements

ADMINISTRATIVE PROCEDURES

Commission

| 8.10.2009 | EN | Official Journal of the European Union | C 241/21 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/21

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CALL FOR PROPOSALS — EACEA/25/09

Action 4.1 — Support for bodies active at European level in the field of youth

2009/C 241/10

1.   OBJECTIVES AND DESCRIPTION

The purpose of this call for proposals is to provide support for the permanent activities of bodies active at European level in the field of youth and pursuing an aim which is of general European interest.

These activities must help encourage young people to participate as citizens in public life, in society and in the development and implementation of European cooperation actions in the broadly defined field of youth.

An annual grant may be awarded to help such bodies meet their operating costs. These bodies may be:

| — | a not-for-profit organisation performing its activities on behalf of young people at European level, |
| --- | --- |

—

a not-for-profit organisation performing its activities on behalf of young people at European level,

| — | a European network representing bodies working on behalf of young people. |
| --- | --- |

—

a European network representing bodies working on behalf of young people.

The call for proposals aims to the selection of organisations for the conclusion of annual operating grant agreements covering the budget year starting in 2010.

The present call for proposals does not concern organisations having concluded a Framework Partnership Agreement with the Agency for 2008-2010.

2.   ELIGIBLE CANDIDATES

2.1.   Eligible bodies

To be eligible for an operating grant, a body must:

| — | be non-governmental, |
| --- | --- |

—

be non-governmental,

| — | have been legally registered for at least one year on the date of submission of applications, |
| --- | --- |

—

have been legally registered for at least one year on the date of submission of applications,

| — | be non-profit-making, |
| --- | --- |

—

be non-profit-making,

| — | be a youth organisation or one having a broader scope but including a section dedicated to youth, |
| --- | --- |

—

be a youth organisation or one having a broader scope but including a section dedicated to youth,

| — | involve young people in managing activities developed with them in mind, |
| --- | --- |

—

involve young people in managing activities developed with them in mind,

| — | have at least one (salaried or non-salaried) permanent member of staff. An exception is granted to bodies that have never received grants under this action and that intend to employ a permanent member of staff if this grant is awarded. |
| --- | --- |

—

have at least one (salaried or non-salaried) permanent member of staff. An exception is granted to bodies that have never received grants under this action and that intend to employ a permanent member of staff if this grant is awarded.

2.2.   Eligible countries

Bodies established in any one of the following countries are eligible to apply:

| — | the Member States of the European Union, |
| --- | --- |

—

the Member States of the European Union,

| — | the European Free Trade Association (EFTA) countries in the European Economic Area (EEA): Iceland, Liechtenstein, Norway, |
| --- | --- |

—

the European Free Trade Association (EFTA) countries in the European Economic Area (EEA): Iceland, Liechtenstein, Norway,

| — | the countries applying for membership of the European Union and benefiting from a preaccession strategy: Turkey, |
| --- | --- |

—

the countries applying for membership of the European Union and benefiting from a preaccession strategy: Turkey,

| — | the countries of the Western Balkans: Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Montenegro, Serbia, |
| --- | --- |

—

the countries of the Western Balkans: Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Montenegro, Serbia,

| — | the following East European countries: Belarus, Moldova, Russian Federation, Ukraine. |
| --- | --- |

—

the following East European countries: Belarus, Moldova, Russian Federation, Ukraine.

Applicant bodies must have active organisations in at least 8 of the aforementioned countries.

3.   ELIGIBLE ACTIVITIES

Organisations must schedule within their annual work plan for covering their budgetary year 2010 a series of activities which comply with the principles underpinning Community action in the field of youth.

The activities likely to contribute towards strengthening and improving the efficiency of Community action are as follows:

| — | Group 1: representing the views and interests of young people in their diversity at European level, |
| --- | --- |

—

Group 1: representing the views and interests of young people in their diversity at European level,

| — | Group 2: youth exchanges and voluntary services, |
| --- | --- |

—

Group 2: youth exchanges and voluntary services,

| — | Group 3: non-formal and informal learning and activity programmes targeted at young people, |
| --- | --- |

—

Group 3: non-formal and informal learning and activity programmes targeted at young people,

| — | Group 4: promoting intercultural learning and understanding, |
| --- | --- |

—

Group 4: promoting intercultural learning and understanding,

| — | Group 5: debate on European matters, EU policies or youth policies, |
| --- | --- |

—

Group 5: debate on European matters, EU policies or youth policies,

| — | Group 6: dissemination of information on Community action, |
| --- | --- |

—

Group 6: dissemination of information on Community action,

| — | Group 7: actions promoting participation and initiative by young people. |
| --- | --- |

—

Group 7: actions promoting participation and initiative by young people.

4.   AWARD CRITERIA

Applications for funding will be evaluated in the light of the following qualitative criteria:

| — | their suitability in terms of the programme’s objectives, |
| --- | --- |

—

their suitability in terms of the programme’s objectives,

| — | the quality of the activities planned, |
| --- | --- |

—

the quality of the activities planned,

| — | the impact and multiplier effect of these activities on young people, |
| --- | --- |

—

the impact and multiplier effect of these activities on young people,

| — | the geographical impact of the activities planned, |
| --- | --- |

—

the geographical impact of the activities planned,

| — | the involvement of young people in the organisation of the bodies concerned. |
| --- | --- |

—

the involvement of young people in the organisation of the bodies concerned.

and of the following quantitative criteria:

The number of:

| — | activities planned, |
| --- | --- |

—

activities planned,

| — | groups of activities involved, |
| --- | --- |

—

groups of activities involved,

| — | topics covered, |
| --- | --- |

—

topics covered,

| — | young people taking part in the activities, in particular those with fewer opportunities, |
| --- | --- |

—

young people taking part in the activities, in particular those with fewer opportunities,

| — | the countries involved. |
| --- | --- |

—

the countries involved.

5.   BUDGET

The total budget allocated for cofinancing the operation of bodies active at European level in the field of youth under the present Call for proposals is estimated at EUR 1 400 000. Community financial assistance cannot exceed 80 % of the total operating costs.

The maximum Community grant for each body will be EUR 35 000 for an annual operating agreement.

For the calculation of the amount of the operating grant, applicant organisations can choose between two systems of financing:

| 1. | a flat rate financing; |
| --- | --- |

1.

a flat rate financing;

| 2. | the traditional eligible costs budget financing (budget based calculation). |
| --- | --- |

2.

the traditional eligible costs budget financing (budget based calculation).

6.   SUBMISSION OF APPLICATIONS

Grant applications must be drawn up in one of the official EU languages, using the electronic form specifically designed for this purpose.

The electronic application form duly completed should be submitted by the 9th of December 2009.

A paper version of the application, signed in original by the person authorised to enter into legally binding commitments on behalf of the applicant body should also be sent by the 9th of December 2009 to the following address:

| Education, Audiovisual & Culture Executive Agency |
| --- |
| Youth Unit (P6) — Grant application — Action 4.1 — 2010 |
| Avenue du Bourget 1 (BOUR — 4/29) |
| 1140 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Education, Audiovisual & Culture Executive Agency

Youth Unit (P6) — Grant application — Action 4.1 — 2010

Avenue du Bourget 1 (BOUR — 4/29)

1140 Bruxelles/Brussel

BELGIQUE/BELGIË

| — | by post (date of postmark), |
| --- | --- |

—

by post (date of postmark),

| — | by courier service (date of receipt by the courier service delivering the application to the Executive Agency). |
| --- | --- |

—

by courier service (date of receipt by the courier service delivering the application to the Executive Agency).

Applications sent by fax or e-mail will not be accepted.

The forms can be obtained on the Internet at the following address: http://eacea.ec.europa.eu/youth/index_en.htm

7.   ADDITIONAL INFORMATION

Applications must comply with the provisions contained in the Application Guidelines — Call for proposals EACEA/25/09, be submitted on the application form provided for this purpose and contain the relevant annexes. The said documents can be found on the Internet at the following address:

Agency: http://eacea.ec.europa.eu/youth/index_en.htm

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 8.10.2009 | EN | Official Journal of the European Union | C 241/24 |
| --- | --- | --- | --- |

8.10.2009

EN

Official Journal of the European Union

C 241/24

---

DECISION No 581

of 2 July 2009

on the opening of a procedure for granting authorisation for exploration of oil and natural gas — underground natural resources in accordance with Article 2, paragraph 1, section 3 of the Underground Natural Resources Act, at Block ‘Kilifarevo’, located in the territory of North Central Bulgaria and notification of a tendering procedure for the granting of authorisation

2009/C 241/11

REPUBLIC OF BULGARIA

COUNCIL OF MINISTERS

Pursuant to Article 42, paragraph 1, section 1 and Article 44, paragraph 3 in conjunction with Article 5, section 2 and Article 7, paragraph 1, section 9 of the Underground Natural Resources Act,

THE COUNCIL OF MINISTERS HAS DECIDED:

| 1. | To open a procedure for granting authorisation for exploration of oil and natural gas at Block ‘Kilifarevo’, with a surface area of 20 km2 and with the coordinates of boundary points 1 to 4 in accordance with the Annex. |
| --- | --- |

1.

To open a procedure for granting authorisation for exploration of oil and natural gas at Block ‘Kilifarevo’, with a surface area of 20 km2 and with the coordinates of boundary points 1 to 4 in accordance with the Annex.

| 2. | To announce that the granting of authorisation under section 1 will be based on a call for tenders. |
| --- | --- |

2.

To announce that the granting of authorisation under section 1 will be based on a call for tenders.

| 3. | To specify that the period covered by the authorisation for exploration will be five years after the date of the entry into force of the exploration contract, with a right to extension of this period under Article 31, paragraphs 3 and 4 of the Underground Natural Resources Act. |
| --- | --- |

3.

To specify that the period covered by the authorisation for exploration will be five years after the date of the entry into force of the exploration contract, with a right to extension of this period under Article 31, paragraphs 3 and 4 of the Underground Natural Resources Act.

| 4. | The deadline for purchasing the tender dossier is 16:00 on the 120th day after the date of publication of this Decision in the Official Journal of the European Union. The tender dossier can be purchased from Room 427 at the building of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia. |
| --- | --- |

4.

The deadline for purchasing the tender dossier is 16:00 on the 120th day after the date of publication of this Decision in the Official Journal of the European Union. The tender dossier can be purchased from Room 427 at the building of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia.

| 5. | The deadline for submission of applications for participation in the call for tenders is 16:00 on the 135th day after the date of publication of this Decision in the Official Journal of the European Union. The applications for participation in the call for tenders should be submitted to the registry of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia. |
| --- | --- |

5.

The deadline for submission of applications for participation in the call for tenders is 16:00 on the 135th day after the date of publication of this Decision in the Official Journal of the European Union. The applications for participation in the call for tenders should be submitted to the registry of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia.

| 6. | The deadline for submission of bids is 16:00 on the 155th day after the date of publication of this Decision in the Official Journal of the European Union. The bids should be submitted to the registry of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia. |
| --- | --- |

6.

The deadline for submission of bids is 16:00 on the 155th day after the date of publication of this Decision in the Official Journal of the European Union. The bids should be submitted to the registry of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia.

| 7. | Bids received by the deadline in section 6 shall be opened by the Committee under section 10.2 in the presence of representatives of the participants on the 156th day after the date of publication of this Decision in the Official Journal of the European Union at the building of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia. Within 14 days from the date of opening of the bids the Committee shall examine and evaluate the bids and classify the participants. |
| --- | --- |

7.

Bids received by the deadline in section 6 shall be opened by the Committee under section 10.2 in the presence of representatives of the participants on the 156th day after the date of publication of this Decision in the Official Journal of the European Union at the building of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia. Within 14 days from the date of opening of the bids the Committee shall examine and evaluate the bids and classify the participants.

| 7.1. | If none of the bids under section 7 meets the requirements specified in the call for tenders, the Committee shall extend the deadline so that the participants can improve their bids, of which they will be informed in writing. |
| --- | --- |

7.1.

If none of the bids under section 7 meets the requirements specified in the call for tenders, the Committee shall extend the deadline so that the participants can improve their bids, of which they will be informed in writing.

| 7.2. | Within 14 days of receipt of the bids under 7.1 the Committee shall convene a meeting at which it will examine and evaluate the improved bids and classify the participants. |
| --- | --- |

7.2.

Within 14 days of receipt of the bids under 7.1 the Committee shall convene a meeting at which it will examine and evaluate the improved bids and classify the participants.

| 8. | The deposit for participation in the call for tenders is set at BGN 15 000. |
| --- | --- |

8.

The deposit for participation in the call for tenders is set at BGN 15 000.

| 8.1. | The deposit must be paid by the deadline for the submission of applications for participation in the call for tenders under section 5. |
| --- | --- |

8.1.

The deposit must be paid by the deadline for the submission of applications for participation in the call for tenders under section 5.

| 8.2. | The deposit shall be paid to the bank account indicated in the tender dossier. |
| --- | --- |

8.2.

The deposit shall be paid to the bank account indicated in the tender dossier.

| 8.3. | The deposit of the successful bidder and the deposits of participants who have failed to meet the requirements specified in the call for tenders will be forfeited. The deposits of the other participants will be reimbursed within a period of 14 days after the publication in the State Gazette of the Decision of the Council of Ministers granting authorisation for exploration to the successful bidder. |
| --- | --- |

8.3.

The deposit of the successful bidder and the deposits of participants who have failed to meet the requirements specified in the call for tenders will be forfeited. The deposits of the other participants will be reimbursed within a period of 14 days after the publication in the State Gazette of the Decision of the Council of Ministers granting authorisation for exploration to the successful bidder.

| 9. | The Council of Ministers shall lay down other requirements related to the call for tenders: |
| --- | --- |

9.

The Council of Ministers shall lay down other requirements related to the call for tenders:

| 9.1. | In the event of an appeal under Article 47, paragraph 3 of the Underground Natural Resources Act the deadlines in sections 6 and 7 shall be extended by the number of days required to take a decision on the appeal, of which the participants whose applications have been accepted will be notified in writing. |
| --- | --- |

9.1.

In the event of an appeal under Article 47, paragraph 3 of the Underground Natural Resources Act the deadlines in sections 6 and 7 shall be extended by the number of days required to take a decision on the appeal, of which the participants whose applications have been accepted will be notified in writing.

| 9.2. | The price of the tender dossier is BGL 13 500. |
| --- | --- |

9.2.

The price of the tender dossier is BGL 13 500.

| 9.3. | The tender dossier may be purchased by persons with power of representation or by authorised representatives. |
| --- | --- |

9.3.

The tender dossier may be purchased by persons with power of representation or by authorised representatives.

| 9.4. | The call for tenders will take place even if only one applicant is admitted to participate. |
| --- | --- |

9.4.

The call for tenders will take place even if only one applicant is admitted to participate.

| 9.5. | Applicants for participation in the call for tenders must comply with the requirements specified in Article 23, paragraph 1 of the Underground Natural Resources Act. |
| --- | --- |

9.5.

Applicants for participation in the call for tenders must comply with the requirements specified in Article 23, paragraph 1 of the Underground Natural Resources Act.

| 9.6. | The applications for participation in the call for tenders shall be prepared and submitted in accordance with Article 46, paragraphs 1 and 2 of the Underground Natural Resources Act and the conditions of the competition dossier. |
| --- | --- |

9.6.

The applications for participation in the call for tenders shall be prepared and submitted in accordance with Article 46, paragraphs 1 and 2 of the Underground Natural Resources Act and the conditions of the competition dossier.

| 9.7. | The bids should comply with the requirements and conditions indicated in the tender dossier. |
| --- | --- |

9.7.

The bids should comply with the requirements and conditions indicated in the tender dossier.

| 9.8. | The bids shall be evaluated as set out in the tender dossier, on the basis of the applicants’ managerial and financial capacities, proposed work programmes, and the resources devoted to environmental protection and training or technical innovation. |
| --- | --- |

9.8.

The bids shall be evaluated as set out in the tender dossier, on the basis of the applicants’ managerial and financial capacities, proposed work programmes, and the resources devoted to environmental protection and training or technical innovation.

| 9.9. | If by the deadline under section 5 no application for participation in the call for tenders has been received or no applicant has been accepted for participation in the call for tenders, the call for tenders shall be cancelled. |
| --- | --- |

9.9.

If by the deadline under section 5 no application for participation in the call for tenders has been received or no applicant has been accepted for participation in the call for tenders, the call for tenders shall be cancelled.

| 10. | The Minister for the Environment and Water is authorised: |
| --- | --- |

10.

The Minister for the Environment and Water is authorised:

| 10.1. | To send the text of this Decision for publication in the Official Journal of the European Union and in the State Gazette, and also on the website of the Council of Ministers. |
| --- | --- |

10.1.

To send the text of this Decision for publication in the Official Journal of the European Union and in the State Gazette, and also on the website of the Council of Ministers.

| 10.2. | To organise the conduct of the call for tenders. The minister shall be appointed president of the committee. The members of the committee shall be appointed by its president in accordance with Article 44, paragraph 7 of the Underground Natural Resources Act. |
| --- | --- |

10.2.

To organise the conduct of the call for tenders. The minister shall be appointed president of the committee. The members of the committee shall be appointed by its president in accordance with Article 44, paragraph 7 of the Underground Natural Resources Act.

| 11. | Appeals against this Decision can be addressed to the Supreme Administrative Court within 14 days after its publication in the Official Journal of the European Union. |
| --- | --- |

11.

Appeals against this Decision can be addressed to the Supreme Administrative Court within 14 days after its publication in the Official Journal of the European Union.

Prime Minister

Sergei STANISHEV

Principal Secretary of the Council of Ministers

Vesselin DAKOV

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ANNEX

LIST OF COORDINATES OF THE BOUNDARY POINTS OF THE BLOCK ‘KILIFAREVO’

| | Longitude | Latitude |
| --- | --- | --- |
| 1. | 25° 40′ 03,70′′ | 43° 01′ 37,27′′ |
| 2. | 25° 40′ 03,70′′ | 42° 59′ 48,21′′ |
| 3. | 25° 44′ 46,93′′ | 42° 59′ 48,21′′ |
| 4. | 25° 44′ 46,93′′ | 43° 01′ 37,27′′ |

Longitude

Latitude

1.

25° 40′ 03,70′′

43° 01′ 37,27′′

2.

25° 40′ 03,70′′

42° 59′ 48,21′′

3.

25° 44′ 46,93′′

42° 59′ 48,21′′

4.

25° 44′ 46,93′′

43° 01′ 37,27′′

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