# Official Journal C 259/21 O

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 259 |
| | |
| English edition | Information and Notices | Volume 4721 October 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 259

English edition

Information and Notices

Volume 4721 October 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 259/1 | Euro exchange rates | 1 |
| 2004/C 259/2 | Prior notification of a concentration (Case COMP/M.3536 — Outokumpu Wasacopper/Aurajoki/Cupru JV) — Candidate case for simplified procedure (
  1
  ) | 2 |
| 2004/C 259/3 | Publication of an application for registration pursuant to Article 6(2) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin | 3 |
| 2004/C 259/4 | Prior notification of a concentration (Case COMP/M.3599 — APAX/VISTA DESARROLLO/ITEVELESA) — Candidate case for simplified procedure (
  1
  ) | 7 |
| 2004/C 259/5 | Communication from the Commission relating to the revision of the 1997 notice on the internal rules of procedure for processing requests for access to the file (
  1
  ) | 8 |

Notice No

Contents

page

I   Information

Commission

2004/C 259/1

Euro exchange rates

1

2004/C 259/2

Prior notification of a concentration (Case COMP/M.3536 — Outokumpu Wasacopper/Aurajoki/Cupru JV) — Candidate case for simplified procedure (
  1
  )

1

2

2004/C 259/3

Publication of an application for registration pursuant to Article 6(2) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin

3

2004/C 259/4

Prior notification of a concentration (Case COMP/M.3599 — APAX/VISTA DESARROLLO/ITEVELESA) — Candidate case for simplified procedure (
  1
  )

1

7

2004/C 259/5

Communication from the Commission relating to the revision of the 1997 notice on the internal rules of procedure for processing requests for access to the file (
  1
  )

1

8

| | III   Notices |
| --- | --- |
| | Commission |
| 2004/C 259/6 | Call for proposals — DG EAC No 70/04 — Support to town-twinning actions stimulating active European citizenship (civic participation) — 2005 | 19 |

III   Notices

Commission

2004/C 259/6

Call for proposals — DG EAC No 70/04 — Support to town-twinning actions stimulating active European citizenship (civic participation) — 2005

19

| | |
| --- | --- |
| 2004/C 259/7 | Notice | s3 |

2004/C 259/7

Notice

s3

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

---

(1)   Text with EEA relevance

1

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

EN

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I Information

Commission

| 21.10.2004 | EN | Official Journal of the European Union | C 259/1 |
| --- | --- | --- | --- |

21.10.2004

EN

Official Journal of the European Union

C 259/1

---

Euro exchange rates (1)

20 October 2004

(2004/C 259/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,259 |
| JPY | Japanese yen | 136,43 |
| DKK | Danish krone | 7,4372 |
| GBP | Pound sterling | 0,6963 |
| SEK | Swedish krona | 9,0734 |
| CHF | Swiss franc | 1,5374 |
| ISK | Iceland króna | 87,62 |
| NOK | Norwegian krone | 8,23 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5755 |
| CZK | Czech koruna | 31,488 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 246,28 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6714 |
| MTL | Maltese lira | 0,4306 |
| PLN | Polish zloty | 4,2973 |
| ROL | Romanian leu | 41 130 |
| SIT | Slovenian tolar | 239,88 |
| SKK | Slovak koruna | 39,965 |
| TRL | Turkish lira | 1 871 800 |
| AUD | Australian dollar | 1,714 |
| CAD | Canadian dollar | 1,5721 |
| HKD | Hong Kong dollar | 9,804 |
| NZD | New Zealand dollar | 1,8213 |
| SGD | Singapore dollar | 2,1065 |
| KRW | South Korean won | 1 438,91 |
| ZAR | South African rand | 7,9148 |

Currency

Exchange rate

USD

US dollar

1,259

JPY

Japanese yen

136,43

DKK

Danish krone

7,4372

GBP

Pound sterling

0,6963

SEK

Swedish krona

9,0734

CHF

Swiss franc

1,5374

ISK

Iceland króna

87,62

NOK

Norwegian krone

8,23

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5755

CZK

Czech koruna

31,488

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,28

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6714

MTL

Maltese lira

0,4306

PLN

Polish zloty

4,2973

ROL

Romanian leu

41 130

SIT

Slovenian tolar

239,88

SKK

Slovak koruna

39,965

TRL

Turkish lira

1 871 800

AUD

Australian dollar

1,714

CAD

Canadian dollar

1,5721

HKD

Hong Kong dollar

9,804

NZD

New Zealand dollar

1,8213

SGD

Singapore dollar

2,1065

KRW

South Korean won

1 438,91

ZAR

South African rand

7,9148

---

(1)

Source: reference exchange rate published by the ECB.

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| 21.10.2004 | EN | Official Journal of the European Union | C 259/2 |
| --- | --- | --- | --- |

21.10.2004

EN

Official Journal of the European Union

C 259/2

---

Prior notification of a concentration

(Case COMP/M.3536 — Outokumpu Wasacopper/Aurajoki/Cupru JV)

Candidate case for simplified procedure

(2004/C 259/02)

(Text with EEA relevance)

| 1. | On 11 October 2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Outokumpu Wasacopper Oy (‘Wasacopper’, Finland), belonging to the Outokumpu Group (Finland), and Aurajoki Oy (‘Aurajoki’, Finland), controlled by CapMan Oyj (Finland), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cupru Oy, the name of which will be changed to AuraCoat Oy (‘AuraCoat’, Finland), by way of purchase of shares. |
| --- | --- |

1.

On 11 October 2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Outokumpu Wasacopper Oy (‘Wasacopper’, Finland), belonging to the Outokumpu Group (Finland), and Aurajoki Oy (‘Aurajoki’, Finland), controlled by CapMan Oyj (Finland), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cupru Oy, the name of which will be changed to AuraCoat Oy (‘AuraCoat’, Finland), by way of purchase of shares.

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






  — | for Wasacopper: copper and other metal products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Wasacopper: copper and other metal products,

| — | for Aurajoki: metal plating, and |
| --- | --- |

—

for Aurajoki: metal plating, and

| — | for AuraCoat: electrolytic metal plating. |
| --- | --- |

—

for AuraCoat: electrolytic metal plating.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No +32 2 2964301 or 2967244) or by post, under reference number COMP/M.3536 — Outokumpu Wasacopper/Aurajoki/Cupru JV to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No +32 2 2964301 or 2967244) or by post, under reference number COMP/M.3536 — Outokumpu Wasacopper/Aurajoki/Cupru JV to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 21.10.2004 | EN | Official Journal of the European Union | C 259/3 |
| --- | --- | --- | --- |

21.10.2004

EN

Official Journal of the European Union

C 259/3

---

Publication of an application for registration pursuant to Article 6(2) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin

(2004/C 259/03)

This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognised in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92.

COUNCIL REGULATION (EEC) No 2081/92

‘BASILICO GENOVESE’

EC No: IT/00194/17.04.2001

PDO ( X ) PGI ( )

This summary has been drawn up for information purposes only. For full details, in particular the producers of products covered by the PDO or PGI concerned, please consult the complete version of the product specification obtainable at national level or from the European Commission (1).

1.   Responsible department in the Member State

| Name | : | Ministero delle Politiche Agricole e Forestali |
| --- | --- | --- |
| Address | : | Via XX Settembre, 20 – 00187 ROMA |
| Tel. | : | (39-06) 481 99 68 |
| fax | : | (39-06) 42 01 31 26 |
| e-mail | : | qualita@politicheagricole.it |

Name

:

Ministero delle Politiche Agricole e Forestali

Address

:

Via XX Settembre, 20 – 00187 ROMA

Tel.

:

(39-06) 481 99 68

fax

:

(39-06) 42 01 31 26

e-mail

:

qualita@politicheagricole.it

2.   Group

| 2.1 | : | Name | : | Comitato Promotore D.O.P. Basilico Genovese |
| --- | --- | --- | --- | --- |
| 2.2 | : | Address | : | Via Gropallo n.10/5 - 16122 Genova - Tel. 010-876272 |
| 2.3 | : | Composition | : | producers/processors (x ) other ( ) |

2.1

:

Name

:

Comitato Promotore D.O.P. Basilico Genovese

2.2

:

Address

:

Via Gropallo n.10/5 - 16122 Genova - Tel. 010-876272

2.3

:

Composition

:

producers/processors (x ) other ( )

| 3. | Type of product: group 1.6. Fresh fruit and vegetables. |
| --- | --- |

3.

Type of product: group 1.6. Fresh fruit and vegetables.

4.   Specification

(summary of requirements under Article 4(2)

4.1.   Name:: ‘Basilico Genovese’

4.2.   Description:: Whole fresh plant of the species Ocimum basilicum L. of local ecotypes or selections.

The main characteristics of the plant are:

medium to very tall, spreading or cylindrical in growth,

foliage density classifiable as intermediate (medium-low, medium, medium-tall),

elliptical leaf form,

swelling of the blade and edge cuts absent/very slight or slight,

leaf surface flat or convex,

total absence of aroma of mint,

strong and characteristic odour.

4.3.   Geographical area:: The geographical area where ‘Basilico Genovese’ is grown is the Tyrrhenian coast of the administrative Region of Liguria as bounded by the watershed. Packing must take place in that area to ensure traceability and checks on the designation and to protect the quality characteristics of the product, which deteriorates easily.

4.4.   Proof of origin:: Basil has been cultivated from ancient times both as an ornamental plant and to extract its essence, which was believed to have therapeutic qualities. As such, it was introduced by the Romans, who considered that it had healing properties.

There can be no doubt that its current reputation owes more to its use in cooking than to the therapeutic qualities attributed to it by herbalists and popular medicine.

This is particularly true of its use in making Genovese pesto, a typical Italian product originating in Liguria and known throughout the world. The preparation of Genovese pesto requires the ingredients to be ground in a marble mortar with a wooden, marble or glass pestle.

The main ingredient of Genovese pesto is basil, traditionally from the Tyrrhenian coast of the Region of Liguria, which has the organoleptic characteristics required for such use: a complete absence of minty odour and a very intense and pleasant perfume.

An Italian cookery book of 1864 advocates the use of Genovese basil in the preparation of certain recipes, demonstrating the daily use of this essence. Jacini's agricultural survey of 1883 records as an accomplished fact the hothouse cultivation of basil on the Ligurian coast in small greenhouses to meet the constantly growing demand for this product. Historically, the original centre of production was limited to the hinterland of Genoa, which was closer to the market. As demand grew, the area of production expanded.

The traceability of the product is guaranteed by the fact that producers of ‘Basilico Genovese’ must be entered in a list of producers created, held and updated by the inspection body. Furthermore, every year producers must notify the area to be sown, the variety of seed used and the maximum size of the bunches or bouquets they intend to put up thirty days before sowing.

By 31 January of the following year, the producer must also notify the quantities actually produced and marketed.

4.5.   Method of production:: The seeds which may be used to produce ‘Basilico Genovese’ must belong to the species Ocinum Basilicum L. and have the characteristics listed at point 4.2) Description. Only locally selected types are suitable for cultivation. ‘Basilico Genovese’ may be grown either under cover, provided adequate circulation of air is ensured, or in open fields.

Under cover, it may be grown either on benches or in the earth.

‘Basilico Genovese’ may not be produced on a medium which has no local soil.

Methyl bromide may not be used to disinfect the soil.

Total production over the year is:

| — | under cover 7 000 plants/m2/year, |
| --- | --- |

—

under cover 7 000 plants/m2/year,

| — | in the open air 2 000 plants/m2/year. |
| --- | --- |

—

in the open air 2 000 plants/m2/year.

| — | under cover 10 kg/m2/year, |
| --- | --- |

—

under cover 10 kg/m2/year,

| — | in the open air 8 kg/m2/year. |
| --- | --- |

—

in the open air 8 kg/m2/year.

4.6.   Link:: The soil and climate of the Ligurian hinterland are marked by a microclimate suitable for the cultivation of basil, generated by an unusual combination of inter-related factors, both non-living (soil, temperature, water, light, wind) and living (animal and vegetable organisms), which appears to occur only there. The characteristics of the soil impose a limit on the crops which can be grown and the limited changes to the physical nature of the land allowed for the growing of basil are motivated solely by the special technique of harvesting the plants, which must be done without damaging them. Any alterations to the terrain are an important factor in crop management because they may solve limited and well identified drainage problems without affecting the typical nature of the finished product. The daily changes in temperature have a direct influence on the choice of crops, as do the availability and quality of water, light and wind. The configuration of the territory of Liguria favours the cultivation of basil since its long axis lies along parallels, with crops enjoying sunlight for many hours, even in winter, on south-facing slopes which also provide protection from cold north, easterly and westerly winds through its unique curvature while also benefiting from the regulatory effect of the sea.

Basil grown in Liguria is a unique and inimitable blend of territory, surroundings and cultivation. It is the climatic conditions of Liguria themselves, with their high levels of light even in winter, temperatures which rarely sink below 10° C and a steady stream of air tempered by the sea, which steadfastly combine with the chemical and physical characteristics of the land and the technical knowledge and traditions of the farmers to create a final product whose aromas cannot be found in the same combination and degree in basil grown elsewhere. Although the climate of the Ligurian hinterland is similar to that of lower Lazio and Campania and the origin of the soil where basil is grown is the same as that of lower Piedmont, Piedmont has a typically continental climate while the soils of central Italy are different from those of Liguria. This makes the combination of climate and soil for the grower in Liguria inimitable and special. Basil grown in Piedmont or the other regions bordering on Liguria smells of mint, while that grown further south is considerably less delicate. Comparing basil plants from Liguria with those from other areas shows that the yield of essential basil oil from Liguria is markedly different from that from basil grown elsewhere, this yield rising by a statistically significant extent from basil grown throughout its growing cycle in Liguria to that grown elsewhere in Italy. Even the composition of the essential oil is different, as are the proportions of the various substances, so that the aroma is clearly distinguishable. Basil which has been grown throughout its cycle in Liguria can be clearly distinguished from that grown elsewhere. Taking account of the substances present in larger quantities, or those whose presence, even in small amounts, can affect the final aroma of the basil leaf, makes it possible to clearly distinguish basil grown in Liguria from that from elsewhere. The special aroma of Basilico Genovese and its quality features cannot derive other than from Liguria.

Basil is one of the most representative and typical crops of Liguria and symbolises a style of cooking using traditional flavours.

The characteristics of ‘Basilico Genovese’, the complete absence of minty odour, a very intense and pleasant perfume and the particularly delicate colouring of the leaves are the result of certain features of the soil and climate of Liguria. The soil and sunlight, together with a particularly mild climate, dominated by sea breezes, are features of the area of production which has developed specific technical skills to ensure consistently high quality standards.

Although basil is a minor crop in national and international terms, at regional level it is an important source of income for many firms which produce it under glass all the year round and in open fields in summer. As long ago as the 1920s and 1930s, international horticultural fairs and exhibitions were held at Finale Ligure where all crops grown under glass from the entire region, including basil, received the highest honours. Attesting the importance of these crops for the economy of the region, we have the yearbooks of Italian agriculture and other documents, which described this situation vividly and in detail. Even today basil still accounts for a large part of agriculture and cultivation in Liguria. Basilico Genovese is a unique and inimitable blend of territory, surroundings and cultivation.

4.7   Inspection body::

| Name | : | Camere di Commercio Industria Artigianato ed Agricoltura di Genova, Savona, Imperia e La Spezia. |
| --- | --- | --- |
| Address | : | Via Garibaldi n.4 – 16124 Genova |

Name

:

Camere di Commercio Industria Artigianato ed Agricoltura di Genova, Savona, Imperia e La Spezia.

Address

:

Via Garibaldi n.4 – 16124 Genova

4.8   Labelling:: Basil for sale fresh must be put up in bunches with between two and four pairs of real leaves. The bunch comprises 3 or 10 plants complete with roots and wrapped in paper for foodstuffs bearing the D.O.P. symbol and tied individually. Larger bunches are called bouquets and comprise the number of plants in 10 bunches.

Basil for local or industrial processing comprises portions of whole plants with no more than four pairs of real leaves.

Packaging must use materials which comply with the rules in force and must bear the D.O.P. logo and the full trademark of the firm.

4.9   National requirements:: —

---

(1)  European Commission, Directorate-General for Agricolture, Agricultural product quality policy, B-1049 Brussels.

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| 21.10.2004 | EN | Official Journal of the European Union | C 259/7 |
| --- | --- | --- | --- |

21.10.2004

EN

Official Journal of the European Union

C 259/7

---

Prior notification of a concentration

(Case COMP/M.3599 — APAX/VISTA DESARROLLO/ITEVELESA)

Candidate case for simplified procedure

(2004/C 259/04)

(Text with EEA relevance)

| 1. | On 11 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Quijote Investments SÁRL (Luxembourg), belonging to the Apax group of companies (‘Apax’) and Vista Desarrollo S.A., S.C.R. (‘Vista Desarrollo’, Spain) belonging to Banco Santander Central Hispano S.A. (‘SCH’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Corporativa de Servicios Grupo Itevelesa, S.L. (‘Itevelesa’, Spain) by way of purchase of shares. |
| --- | --- |

1.

On 11 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Quijote Investments SÁRL (Luxembourg), belonging to the Apax group of companies (‘Apax’) and Vista Desarrollo S.A., S.C.R. (‘Vista Desarrollo’, Spain) belonging to Banco Santander Central Hispano S.A. (‘SCH’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Corporativa de Servicios Grupo Itevelesa, S.L. (‘Itevelesa’, Spain) by way of purchase of shares.

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






  — | for undertaking Apax: private equity funds, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Apax: private equity funds,

| — | for undertaking Vista Desarrollo: venture capital firm, |
| --- | --- |

—

for undertaking Vista Desarrollo: venture capital firm,

| — | for undertaking SCH: banking and financial services, |
| --- | --- |

—

for undertaking SCH: banking and financial services,

| — | for Itevelesa: services related to roadworthiness tests for motor vehicles, control and verification of metrological equipments and industrial security control services. |
| --- | --- |

—

for Itevelesa: services related to roadworthiness tests for motor vehicles, control and verification of metrological equipments and industrial security control services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No +32 2 2964301 or 2967244) or by post, under reference number COMP/M.3599 — APAX/VISTA DESARROLLO/ITEVELESA, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No +32 2 2964301 or 2967244) or by post, under reference number COMP/M.3599 — APAX/VISTA DESARROLLO/ITEVELESA, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 21.10.2004 | EN | Official Journal of the European Union | C 259/8 |
| --- | --- | --- | --- |

21.10.2004

EN

Official Journal of the European Union

C 259/8

---

COMMUNICATION FROM THE COMMISSION

relating to the revision of the 1997 notice on the internal rules of procedure for processing requests for access to the file

(2004/C 259/05)

(Text with EEA relevance)

The Commission invites all interested parties to send their comments on the draft Commission Notice on the rules for access to the Commission file in cases pursuant to Articles 81 and 82 of the EC Treaty, Articles 53, 54 and 57 of the EEA Agreement and Council Regulation (EC) No 139/2004.

These comments should be sent to the Commission not later than six weeks after the date of publication in the Official Journal of the European Union. It is standard Commission practice to publish the submissions received in response to a public consultation. However it is possible to request that submissions or part thereof remain confidential. Should this be the case, please indicate clearly on the front page of the submission that you request it should not be made publicly available. In this case a non-confidential version of the submission should also be forwarded to the Commission for publication. Comments should be sent either by e-mail to:

COMP-ACCESS-TO-FILE@cec.eu.int

or in writing to:

| European Commission |
| --- |
| Directorate-General for Competition |
| Unit A 3 – Enforcement priorities and decision scrutiny |
| Access to file notice |
| B-1049 Brussels |

European Commission

Directorate-General for Competition

Unit A 3 – Enforcement priorities and decision scrutiny

Access to file notice

B-1049 Brussels

Draft Commission Notice

on the rules for access to the Commission file in cases pursuant to Articles 81 and 82 of the EC Treaty, Articles 53, 54 and 57 of the EEA Agreement and Council Regulation (EC) No 139/2004

I.   INTRODUCTION AND SUBJECT-MATTER OF THE NOTICE

| 1. | Access to the Commission file is one of the procedural guarantees intended to apply the principle of equality of arms and to protect the rights of the defence. Access to the file is provided for in Article 27(1) and (2) of Council Regulation (EC) No 1/2003 (1), Article 15(1) of Commission Regulation (EC) No 773/2004 (the Implementing Regulation) (2), Article 18(1) and (3) of the Council Regulation (EC) No 139/2004 (Merger Regulation) (3) and Article 17(1) of Commission Regulation (EC) No 802/2004 (the Merger Implementing Regulation) (4). In accordance with these provisions, before taking decisions on the basis of Articles 7, 8, 23 and 24(2) of Regulation No 1/2003 and Articles 6(3), 7(3), 8(2) to (6), 14 and 15 of the Merger Regulation, the Commission shall give the persons, undertakings or associations of undertakings, where applicable, an opportunity of making known their views on the objections against them and they shall be entitled to have access to the Commission's file in order to fully respect the rights of defence of the parties in the proceedings. The present notice provides the framework for the exercise of the right set out in these provisions. This notice is without prejudice to the interpretation of such provisions by the Community Courts. The principles set out in this Notice apply also when the Commission enforces Articles 53, 54 and 57 of the EEA Agreement (5). |
| --- | --- |

1.

Access to the Commission file is one of the procedural guarantees intended to apply the principle of equality of arms and to protect the rights of the defence. Access to the file is provided for in Article 27(1) and (2) of Council Regulation (EC) No 1/2003 (1), Article 15(1) of Commission Regulation (EC) No 773/2004 (the Implementing Regulation) (2), Article 18(1) and (3) of the Council Regulation (EC) No 139/2004 (Merger Regulation) (3) and Article 17(1) of Commission Regulation (EC) No 802/2004 (the Merger Implementing Regulation) (4). In accordance with these provisions, before taking decisions on the basis of Articles 7, 8, 23 and 24(2) of Regulation No 1/2003 and Articles 6(3), 7(3), 8(2) to (6), 14 and 15 of the Merger Regulation, the Commission shall give the persons, undertakings or associations of undertakings, where applicable, an opportunity of making known their views on the objections against them and they shall be entitled to have access to the Commission's file in order to fully respect the rights of defence of the parties in the proceedings. The present notice provides the framework for the exercise of the right set out in these provisions. This notice is without prejudice to the interpretation of such provisions by the Community Courts. The principles set out in this Notice apply also when the Commission enforces Articles 53, 54 and 57 of the EEA Agreement (5).

| 2. | This specific right outlined above is distinct from the general right to access to documents under Regulation No 1049/2001 (6), which is subject to different criteria and exceptions and pursues a different purpose. |
| --- | --- |

2.

This specific right outlined above is distinct from the general right to access to documents under Regulation No 1049/2001 (6), which is subject to different criteria and exceptions and pursues a different purpose.

| 3. | The term ‘access to the file’ is used in this notice exclusively to mean the access granted to the parties to whom the Commission has addressed a statement of objections. The same term, or the term ‘access to documents’, is also used in the abovementioned regulations in respect of complainants or other involved parties. These situations are, however, distinct from that of the undertakings or associations to whom a statement of objections is addressed and therefore do not fall under the definition of access to the file for the purposes of this notice. These related situations are dealt with in a separate section of the notice. |
| --- | --- |

3.

The term ‘access to the file’ is used in this notice exclusively to mean the access granted to the parties to whom the Commission has addressed a statement of objections. The same term, or the term ‘access to documents’, is also used in the abovementioned regulations in respect of complainants or other involved parties. These situations are, however, distinct from that of the undertakings or associations to whom a statement of objections is addressed and therefore do not fall under the definition of access to the file for the purposes of this notice. These related situations are dealt with in a separate section of the notice.

| 4. | This notice clarifies who has access to the file. It also explains to which information access is granted, when access takes place and what are the procedures for implementing access to the file. In contrast, this notice does not address the possibility of the provision of documents before the Commission states its objections to undertakings under the Merger Regulation (7). |
| --- | --- |

4.

This notice clarifies who has access to the file. It also explains to which information access is granted, when access takes place and what are the procedures for implementing access to the file. In contrast, this notice does not address the possibility of the provision of documents before the Commission states its objections to undertakings under the Merger Regulation (7).

| 5. | As from its publication, this notice replaces the 1997 Commission notice on access to the file (8). The new rules take account of the legislation applicable as of 1 May 2004, namely the abovementioned Regulation No 1/2003, Merger Regulation, Implementing Regulation and Merger Implementing Regulation, as well as the Commission Decision of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (9). It also takes into account the recent case law of the Court of Justice and the Court of First Instance of the European Communities (10) and the practice developed by the Commission since the adoption of the 1997 notice. |
| --- | --- |

5.

As from its publication, this notice replaces the 1997 Commission notice on access to the file (8). The new rules take account of the legislation applicable as of 1 May 2004, namely the abovementioned Regulation No 1/2003, Merger Regulation, Implementing Regulation and Merger Implementing Regulation, as well as the Commission Decision of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (9). It also takes into account the recent case law of the Court of Justice and the Court of First Instance of the European Communities (10) and the practice developed by the Commission since the adoption of the 1997 notice.

II.   SCOPE OF ACCESS TO THE FILE

A.   Who is entitled to access to the file?

| 6. | Access to the file in competition cases is intended to enable the effective exercise of the rights of defence against the objections brought forward by the Commission. Both in cases under Articles 81 and 82 EC and in cases under the Merger Regulation, access is granted, upon request, to the undertakings or associations of undertakings to which the Commission addresses its objections (11). All such undertakings or associations will be hereinafter referred to as ‘the parties’. |
| --- | --- |

6.

Access to the file in competition cases is intended to enable the effective exercise of the rights of defence against the objections brought forward by the Commission. Both in cases under Articles 81 and 82 EC and in cases under the Merger Regulation, access is granted, upon request, to the undertakings or associations of undertakings to which the Commission addresses its objections (11). All such undertakings or associations will be hereinafter referred to as ‘the parties’.

B.   To which documents is access granted?

1.   The content of the Commission file

| 7. | The ‘Commission file’ in a competition investigation (hereinafter also referred to as ‘the file’) consists of all documents (12), which have been obtained, produced and/or assembled by the Commission Directorate General for Competition, during the investigation that has led the Commission to raise its objections. |
| --- | --- |

7.

The ‘Commission file’ in a competition investigation (hereinafter also referred to as ‘the file’) consists of all documents (12), which have been obtained, produced and/or assembled by the Commission Directorate General for Competition, during the investigation that has led the Commission to raise its objections.

| 8. | In the course of investigation under Articles 20, 21 and 22(2) of Regulation No 1/2003 and Articles 12 and 13 of the Merger Regulation, the Commission may collect a number of documents, some of which may, following a more detailed examination, prove to be unrelated to the subject matter of the case in question. Such documents may be returned to the undertaking or association from which those have been obtained. Upon return, these documents will no longer constitute part of the file. |
| --- | --- |

8.

In the course of investigation under Articles 20, 21 and 22(2) of Regulation No 1/2003 and Articles 12 and 13 of the Merger Regulation, the Commission may collect a number of documents, some of which may, following a more detailed examination, prove to be unrelated to the subject matter of the case in question. Such documents may be returned to the undertaking or association from which those have been obtained. Upon return, these documents will no longer constitute part of the file.

2.   Accessible documents

| 9. | The parties must be able to acquaint themselves with the information in the Commission's file, so that, on the basis of this information, they can effectively express their views on the preliminary conclusions reached by the Commission in its objections. For this purpose they will be granted access to all documents making up the Commission file, as defined in point 0, with the exception of internal documents, business secrets of other undertakings, or other confidential information (13). |
| --- | --- |

9.

The parties must be able to acquaint themselves with the information in the Commission's file, so that, on the basis of this information, they can effectively express their views on the preliminary conclusions reached by the Commission in its objections. For this purpose they will be granted access to all documents making up the Commission file, as defined in point 0, with the exception of internal documents, business secrets of other undertakings, or other confidential information (13).

| 10. | Results of a study commissioned in connection with proceedings are accessible together with the terms of reference and the methodology of the study. Precautions may however be necessary in order to protect intellectual property rights. |
| --- | --- |

10.

Results of a study commissioned in connection with proceedings are accessible together with the terms of reference and the methodology of the study. Precautions may however be necessary in order to protect intellectual property rights.

3.   Non-accessible documents

3.1.   Internal documents

| 11. | Internal documents can be neither incriminating nor exculpatory (14). They do not constitute part of the evidence on which the Commission can rely in its assessment of a case. Thus, the parties will not be granted access to internal documents in the Commission file (15). Given their lack of evidential value, this restriction on access to internal documents does not prejudice the proper exercise of the parties' right of defence (16). |
| --- | --- |

11.

Internal documents can be neither incriminating nor exculpatory (14). They do not constitute part of the evidence on which the Commission can rely in its assessment of a case. Thus, the parties will not be granted access to internal documents in the Commission file (15). Given their lack of evidential value, this restriction on access to internal documents does not prejudice the proper exercise of the parties' right of defence (16).

| 12. | There is no obligation on the Commission departments to draft any minutes of meetings (17) with the parties or other persons or undertakings (18). If the Commission chooses to make notes of such meetings, such documents constitute the Commission's own interpretation of what was said at the meetings, for which reason they are classified as internal documents. Where, however, the person or undertaking in question has agreed the minutes, such minutes will be made accessible after deletion of any business secrets or other confidential information. Such agreed minutes constitute part of the evidence on which the Commission can rely in its assessment of a case (19). |
| --- | --- |

12.

There is no obligation on the Commission departments to draft any minutes of meetings (17) with the parties or other persons or undertakings (18). If the Commission chooses to make notes of such meetings, such documents constitute the Commission's own interpretation of what was said at the meetings, for which reason they are classified as internal documents. Where, however, the person or undertaking in question has agreed the minutes, such minutes will be made accessible after deletion of any business secrets or other confidential information. Such agreed minutes constitute part of the evidence on which the Commission can rely in its assessment of a case (19).

| 13. | In the case of a study commissioned in connection with proceedings, correspondence between the Commission and its contractor containing an evaluation of the contractor's work or relating to financial aspects of the study is considered as internal documents and will thus not be accessible. |
| --- | --- |

13.

In the case of a study commissioned in connection with proceedings, correspondence between the Commission and its contractor containing an evaluation of the contractor's work or relating to financial aspects of the study is considered as internal documents and will thus not be accessible.

| 14. | A particular case of internal documents is the Commission's correspondence with other public authorities and the internal documents received from such authorities (whether from EC Member States (‘the Member States’) or non-member countries). Examples of such non-accessible documents include:






  — | correspondence between the Commission and the competition authorities of the Member States, or between the latter, including documents drawn up pursuant to Articles 11 and 14 of Regulation No 1/2003 (20), |
| --- | --- | --- |

14.

A particular case of internal documents is the Commission's correspondence with other public authorities and the internal documents received from such authorities (whether from EC Member States (‘the Member States’) or non-member countries). Examples of such non-accessible documents include:

—

correspondence between the Commission and the competition authorities of the Member States, or between the latter, including documents drawn up pursuant to Articles 11 and 14 of Regulation No 1/2003 (20),

| — | correspondence between the Commission and other public authorities of the Member States (21), |
| --- | --- |

—

correspondence between the Commission and other public authorities of the Member States (21),

| — | correspondence between the Commission, the EFTA Surveillance Authority and public authorities of EFTA States (22), |
| --- | --- |

—

correspondence between the Commission, the EFTA Surveillance Authority and public authorities of EFTA States (22),

| — | correspondence between the Commission and public authorities of non-member countries, including their competition authorities, in particular where the Community and a third country have concluded an agreement governing the confidentiality of the information exchanged (23). |
| --- | --- |

—

correspondence between the Commission and public authorities of non-member countries, including their competition authorities, in particular where the Community and a third country have concluded an agreement governing the confidentiality of the information exchanged (23).

| 15. | In certain exceptional circumstances, access is granted to documents originating from Member States, the EFTA Surveillance Authority or EFTA States, after deletion of any business secrets or other confidential information.
  This is the case, first, where the documents originating from Member States contain allegations brought against the parties, which the Commission must examine, or form part of the evidence in the investigative process, in a way similar to documents obtained from private parties. Second, access will also be granted to documents originating from Member States which are relevant to the exercise of competence by the Commission in the merger control area (24). These considerations apply, in particular, in the following situations:






  — | documents and information exchanged pursuant to Article 12 of Regulation No 1/2003, and information provided to the Commission pursuant to Article 18(6) of Regulation No 1/2003, |
| --- | --- | --- |

15.

In certain exceptional circumstances, access is granted to documents originating from Member States, the EFTA Surveillance Authority or EFTA States, after deletion of any business secrets or other confidential information.

This is the case, first, where the documents originating from Member States contain allegations brought against the parties, which the Commission must examine, or form part of the evidence in the investigative process, in a way similar to documents obtained from private parties. Second, access will also be granted to documents originating from Member States which are relevant to the exercise of competence by the Commission in the merger control area (24). These considerations apply, in particular, in the following situations:

—

documents and information exchanged pursuant to Article 12 of Regulation No 1/2003, and information provided to the Commission pursuant to Article 18(6) of Regulation No 1/2003,

| — | complaints lodged by a Member State under Article 7(2) of Regulation No 1/2003, |
| --- | --- |

—

complaints lodged by a Member State under Article 7(2) of Regulation No 1/2003,

| — | Article 9(1) of the Merger Regulation provides that ‘the Commission may, by means of a decision notified without delay to the undertakings concerned (...) refer a notified concentration to the competent authorities of the Member State concerned ...’. In the context of access to the file by the addressees of the Commission's objections, the parties concerned will be granted access to the request for referral from a national authority, |
| --- | --- |

—

Article 9(1) of the Merger Regulation provides that ‘the Commission may, by means of a decision notified without delay to the undertakings concerned (...) refer a notified concentration to the competent authorities of the Member State concerned ...’. In the context of access to the file by the addressees of the Commission's objections, the parties concerned will be granted access to the request for referral from a national authority,

| — | Article 22(1) of the Merger Regulation provides that ‘one or more Member States may request the Commission to examine any concentration (...) that does not have a Community dimension (...) but affects trade between Member States and threatens to significantly affect competition within the territory of the Member State or States making the request’. The parties will be granted access to the letter from the Member State or States requesting examination of the concentration by the Commission (25), |
| --- | --- |

—

Article 22(1) of the Merger Regulation provides that ‘one or more Member States may request the Commission to examine any concentration (...) that does not have a Community dimension (...) but affects trade between Member States and threatens to significantly affect competition within the territory of the Member State or States making the request’. The parties will be granted access to the letter from the Member State or States requesting examination of the concentration by the Commission (25),

| — | transferral of cases under Article 11(2) of Protocol 23 (26) (concerning cooperation between the surveillance authorities) and Article 10(2) of Protocol 24 (27) (on cooperation in the field of control of concentrations) to the EEA Agreement and requests for referral under Article 6 of Protocol 24. |
| --- | --- |

—

transferral of cases under Article 11(2) of Protocol 23 (26) (concerning cooperation between the surveillance authorities) and Article 10(2) of Protocol 24 (27) (on cooperation in the field of control of concentrations) to the EEA Agreement and requests for referral under Article 6 of Protocol 24.

3.2.   Confidential information

| 16. | The Commission file may also include documents containing two categories of information, namely business secrets and other confidential information, to which access may be partially or totally restricted (28). Access will be granted, where possible, to non-confidential versions of the original information. Where confidentiality can only be assured by summarising the relevant information, access will be granted to a summary. All other documents are accessible in their original form. |
| --- | --- |

16.

The Commission file may also include documents containing two categories of information, namely business secrets and other confidential information, to which access may be partially or totally restricted (28). Access will be granted, where possible, to non-confidential versions of the original information. Where confidentiality can only be assured by summarising the relevant information, access will be granted to a summary. All other documents are accessible in their original form.

3.2.1.   Business secrets

| 17. | In so far as disclosure of information about an undertaking's business activity could result in a serious harm to the same undertaking, such information constitutes business secrets (29). Examples of information that may qualify as business secrets include: technical and/or financial information relating to an undertaking's know-how, methods of assessing costs, production secrets and processes, supply sources, quantities produced and sold, market shares, customer and distributor lists, marketing plans, cost and price structure and sales strategy. |
| --- | --- |

17.

In so far as disclosure of information about an undertaking's business activity could result in a serious harm to the same undertaking, such information constitutes business secrets (29). Examples of information that may qualify as business secrets include: technical and/or financial information relating to an undertaking's know-how, methods of assessing costs, production secrets and processes, supply sources, quantities produced and sold, market shares, customer and distributor lists, marketing plans, cost and price structure and sales strategy.

3.2.2.   Other confidential information

| 18. | The category ‘other confidential information’ includes information other than business secrets, which may be considered as confidential, insofar as its disclosure would significantly harm a person or undertaking. Depending on the specific circumstances of each case, this may apply to information provided about undertakings which are able to place very considerable economic or commercial pressure on their competitors or on their trading partners, customers or suppliers. The Court of First Instance and the Court of Justice have acknowledged that it is legitimate to refuse to reveal to such undertakings certain letters received from their customers, since their disclosure might easily expose the authors to the risk of retaliatory measures (30). Therefore the notion of other confidential information may include information that would enable the parties to identify complainants or other third parties where those have a justified wish to remain anonymous. |
| --- | --- |

18.

The category ‘other confidential information’ includes information other than business secrets, which may be considered as confidential, insofar as its disclosure would significantly harm a person or undertaking. Depending on the specific circumstances of each case, this may apply to information provided about undertakings which are able to place very considerable economic or commercial pressure on their competitors or on their trading partners, customers or suppliers. The Court of First Instance and the Court of Justice have acknowledged that it is legitimate to refuse to reveal to such undertakings certain letters received from their customers, since their disclosure might easily expose the authors to the risk of retaliatory measures (30). Therefore the notion of other confidential information may include information that would enable the parties to identify complainants or other third parties where those have a justified wish to remain anonymous.

| 19. | The category of other confidential information also includes military secrets. |
| --- | --- |

19.

The category of other confidential information also includes military secrets.

3.2.3.   Criteria for the acceptance of requests for confidential treatment.

| 20. | Information will be classified as confidential where the person or undertaking in question has made a claim to this effect and such claim has been accepted by the Commission (31). |
| --- | --- |

20.

Information will be classified as confidential where the person or undertaking in question has made a claim to this effect and such claim has been accepted by the Commission (31).

| 21. | Claims for confidentiality must relate to information which is within the scope of the above descriptions of business secrets or other confidential information. The reasons for which information is claimed to be a business secret or other confidential information must be substantiated (32). Confidentiality claims can normally only pertain to information obtained by the Commission from the same person or undertaking and not to information from any other source. |
| --- | --- |

21.

Claims for confidentiality must relate to information which is within the scope of the above descriptions of business secrets or other confidential information. The reasons for which information is claimed to be a business secret or other confidential information must be substantiated (32). Confidentiality claims can normally only pertain to information obtained by the Commission from the same person or undertaking and not to information from any other source.

| 22. | Information relating to an undertaking but which is already known outside the undertaking (in case of a group, outside the group), or outside the association to which it has been communicated by that undertaking, will not normally be considered confidential (33). Information that has lost its commercial importance, for instance due to the passage of time, can no longer be regarded as confidential. As a general rule, the Commission presumes that information pertaining to the parties' turnover, sales, market-share data and similar information which is more than five years old is no longer confidential (34). |
| --- | --- |

22.

Information relating to an undertaking but which is already known outside the undertaking (in case of a group, outside the group), or outside the association to which it has been communicated by that undertaking, will not normally be considered confidential (33). Information that has lost its commercial importance, for instance due to the passage of time, can no longer be regarded as confidential. As a general rule, the Commission presumes that information pertaining to the parties' turnover, sales, market-share data and similar information which is more than five years old is no longer confidential (34).

| 23. | In proceedings under Articles 81 and 82 of the Treaty, the qualification of a piece of information as confidential is not a bar to its disclosure if such information is necessary to prove an alleged infringement (inculpatory document) or if it could exonerate a party. In this case, the need to safeguard the rights of the defence of the parties through the provision of the widest possible access to the Commission file may outweigh the concern to protect confidential information of other parties (35). It is for the Commission to assess whether those circumstances apply to any specific situation. This calls, for each piece of information, for an assessment of all relevant elements, including:






  — | the relevance of the information in determining whether or not an infringement has been committed, and its probative value, |
| --- | --- | --- |

23.

In proceedings under Articles 81 and 82 of the Treaty, the qualification of a piece of information as confidential is not a bar to its disclosure if such information is necessary to prove an alleged infringement (inculpatory document) or if it could exonerate a party. In this case, the need to safeguard the rights of the defence of the parties through the provision of the widest possible access to the Commission file may outweigh the concern to protect confidential information of other parties (35). It is for the Commission to assess whether those circumstances apply to any specific situation. This calls, for each piece of information, for an assessment of all relevant elements, including:

—

the relevance of the information in determining whether or not an infringement has been committed, and its probative value,

| — | whether the information is indispensable, |
| --- | --- |

—

whether the information is indispensable,

| — | the degree of sensitivity involved (to what extent would disclosure of the information harm the interests of the person or undertaking in question), |
| --- | --- |

—

the degree of sensitivity involved (to what extent would disclosure of the information harm the interests of the person or undertaking in question),

| — | the preliminary view of the seriousness of the alleged infringement. |
| --- | --- |

—

the preliminary view of the seriousness of the alleged infringement.

Similar considerations apply to proceedings under the Merger Regulation when the disclosure of information is considered necessary by the Commission for the purpose of the procedure (36).

| 24. | Where the Commission intends to disclose information, the person or undertaking in question shall be granted the possibility to provide a non-confidential version of the documents where that information is contained, with the same evidential value as the original documents (37). |
| --- | --- |

24.

Where the Commission intends to disclose information, the person or undertaking in question shall be granted the possibility to provide a non-confidential version of the documents where that information is contained, with the same evidential value as the original documents (37).

C.   When is access to the file granted?

| 25. | Prior to the notification of the Commission's statement of objections, the parties have no right of access to the file. |
| --- | --- |

25.

Prior to the notification of the Commission's statement of objections, the parties have no right of access to the file.

1.   In antitrust proceedings under Articles 81 and 82 of the Treaty

| 26. | Access to the file will be granted upon request and, normally, on a single occasion, following the notification of the Commission's objections to the parties, in order to ensure the principle of equality of arms and to protect their rights of defence. As a general rule, therefore, no access will be granted to other parties' replies to the Commission's objections.
  A party will, however, be granted access to documents received after notification of the objections at later stages of the administrative procedure, prior to the adoption of a formal decision, where such documents may constitute new evidence pertaining to the allegations against that party in the Commission's statement of objections. |
| --- | --- |

26.

Access to the file will be granted upon request and, normally, on a single occasion, following the notification of the Commission's objections to the parties, in order to ensure the principle of equality of arms and to protect their rights of defence. As a general rule, therefore, no access will be granted to other parties' replies to the Commission's objections.

A party will, however, be granted access to documents received after notification of the objections at later stages of the administrative procedure, prior to the adoption of a formal decision, where such documents may constitute new evidence pertaining to the allegations against that party in the Commission's statement of objections.

2.   In proceedings under the Merger Regulation

| 27. | In accordance with Article 18(1) and (3) of the Merger Regulation and Article 17(1) of the Merger Implementing Regulation, the notifying parties will be given access to the Commission's file upon request at every stage of the procedure following the notification of the Commission's objections up to the consultation of the Advisory Committee. |
| --- | --- |

27.

In accordance with Article 18(1) and (3) of the Merger Regulation and Article 17(1) of the Merger Implementing Regulation, the notifying parties will be given access to the Commission's file upon request at every stage of the procedure following the notification of the Commission's objections up to the consultation of the Advisory Committee.

III.   PARTICULAR QUESTIONS REGARDING COMPLAINANTS AND OTHER INVOLVED PARTIES

| 28. | The present section relates to situations where the Commission may or has to provide access to certain documents contained in its file to the complainants in antitrust proceedings and other involved parties in merger proceedings. Irrespective of the wording used in the antitrust and merger implementing regulations (38), these two situations are distinct — in terms of scope, timing, and parties' rights — from access to the file, as defined in the preceding section of this notice. |
| --- | --- |

28.

The present section relates to situations where the Commission may or has to provide access to certain documents contained in its file to the complainants in antitrust proceedings and other involved parties in merger proceedings. Irrespective of the wording used in the antitrust and merger implementing regulations (38), these two situations are distinct — in terms of scope, timing, and parties' rights — from access to the file, as defined in the preceding section of this notice.

A.   Provision of documents to complainants in antitrust proceedings

| 29. | The Court of First Instance has ruled (39) that complainants do not have the same rights and guarantees as the parties under investigation. Therefore complainants cannot claim a right of access to the file as established for parties (see points 0 and 0). |
| --- | --- |

29.

The Court of First Instance has ruled (39) that complainants do not have the same rights and guarantees as the parties under investigation. Therefore complainants cannot claim a right of access to the file as established for parties (see points 0 and 0).

| 30. | However, a complainant who, pursuant to Article 7(1) of the Implementing Regulation, has been informed of the Commission's intention to reject its complaint (40), may request access to the documents on which the Commission has based its provisional assessment (41). The complainant will be provided access to such documents on a single occasion, following the issuance of the letter informing the complainant of the Commission's intention to reject its complaint. |
| --- | --- |

30.

However, a complainant who, pursuant to Article 7(1) of the Implementing Regulation, has been informed of the Commission's intention to reject its complaint (40), may request access to the documents on which the Commission has based its provisional assessment (41). The complainant will be provided access to such documents on a single occasion, following the issuance of the letter informing the complainant of the Commission's intention to reject its complaint.

| 31. | Complainants do not have a right of access to business secrets or other confidential information which the Commission has obtained in the course of its investigation (42). |
| --- | --- |

31.

Complainants do not have a right of access to business secrets or other confidential information which the Commission has obtained in the course of its investigation (42).

B.   Provision of documents to other involved parties in merger proceedings

| 32. | In accordance with Article 17(2) of the Merger Implementing Regulation, access to the file in merger proceedings shall also be given, upon request, to other involved parties who have been informed of the objections in so far as this is necessary for the purposes of preparing their comments. |
| --- | --- |

32.

In accordance with Article 17(2) of the Merger Implementing Regulation, access to the file in merger proceedings shall also be given, upon request, to other involved parties who have been informed of the objections in so far as this is necessary for the purposes of preparing their comments.

| 33. | Such other involved parties are parties to the proposed concentration other than the notifying parties, such as the seller and the undertaking which is the target of the concentration (43). |
| --- | --- |

33.

Such other involved parties are parties to the proposed concentration other than the notifying parties, such as the seller and the undertaking which is the target of the concentration (43).

IV.   PROCEDURE FOR IMPLEMENTING ACCESS TO THE FILE

A.   Preparatory procedure

| 34. | Any person who submits information or comments in one of the situations listed hereunder, or subsequently submits further information to the Commission in the course of the same procedures, has an obligation to clearly identify any material which it considers to be confidential, giving reasons, and provide a separate non-confidential version by the date set by the Commission for making its views known (44):






  (a) | in antitrust proceedings:






  — | an addressee of a Commission's statement of objections making known its views on the objections (45), |
| --- | --- | --- | --- |

34.

Any person who submits information or comments in one of the situations listed hereunder, or subsequently submits further information to the Commission in the course of the same procedures, has an obligation to clearly identify any material which it considers to be confidential, giving reasons, and provide a separate non-confidential version by the date set by the Commission for making its views known (44):

(a)

in antitrust proceedings:

—

an addressee of a Commission's statement of objections making known its views on the objections (45),

| — | a complainant making known his or her views on a Commission statement of objections (46), |
| --- | --- |

—

a complainant making known his or her views on a Commission statement of objections (46),

| — | any other natural or legal person, who applies to be heard and shows a sufficient interest, or who is invited by the Commission to express his or her views, making known his or her views in writing or at an oral hearing (47), |
| --- | --- |

—

any other natural or legal person, who applies to be heard and shows a sufficient interest, or who is invited by the Commission to express his or her views, making known his or her views in writing or at an oral hearing (47),

| — | a complainant making known his or her views on a Commission letter informing him or her of the Commission's intention to reject the complaint (48). |
| --- | --- |

—

a complainant making known his or her views on a Commission letter informing him or her of the Commission's intention to reject the complaint (48).

| (b) | in merger proceedings






  — | notifying parties or other involved parties making known their views on Commission objections adopted with a view to take a decision with regard to a request for a derogation from suspension of a concentration and which adversely affects one or more of those parties, or on a provisional decision adopted in the matter (49), |
| --- | --- | --- |

(b)

in merger proceedings

—

notifying parties or other involved parties making known their views on Commission objections adopted with a view to take a decision with regard to a request for a derogation from suspension of a concentration and which adversely affects one or more of those parties, or on a provisional decision adopted in the matter (49),

| — | notifying parties to whom the Commission has addressed a statement of objections, other involved parties who have been informed of those objections or parties to whom the Commission has addressed objections with a view to inflict a fine or a periodic penalty payment, submitting their comments on the objections (50), |
| --- | --- |

—

notifying parties to whom the Commission has addressed a statement of objections, other involved parties who have been informed of those objections or parties to whom the Commission has addressed objections with a view to inflict a fine or a periodic penalty payment, submitting their comments on the objections (50),

| — | third persons who apply to be heard, or any other natural or legal person invited by the Commission to express their views, making known their views in writing or at an oral hearing (51), |
| --- | --- |

—

third persons who apply to be heard, or any other natural or legal person invited by the Commission to express their views, making known their views in writing or at an oral hearing (51),

| — | any person who supplies information pursuant to Article 11 of the Merger Regulation. |
| --- | --- |

—

any person who supplies information pursuant to Article 11 of the Merger Regulation.

| 35. | Moreover, the Commission may require undertakings (52), in all cases where they produce or have produced documents, to identify the documents or parts of documents, which they consider to contain business secrets or other confidential information belonging to them, and to identify the undertakings with regard to which such documents are to be considered confidential (53). |
| --- | --- |

35.

Moreover, the Commission may require undertakings (52), in all cases where they produce or have produced documents, to identify the documents or parts of documents, which they consider to contain business secrets or other confidential information belonging to them, and to identify the undertakings with regard to which such documents are to be considered confidential (53).

| 36. | For the purposes of quickly dealing with confidentiality claims referred to in point 0, the Commission may set a time-limit within which the undertakings shall: (i) substantiate their claim for confidentiality with regard to each individual document or part of document; (ii) provide the Commission with a non-confidential version of the documents, in which the confidential passages are deleted (54). In antitrust proceedings the undertakings in question shall also provide within the said time-limit a concise description of each piece of deleted information (55). |
| --- | --- |

36.

For the purposes of quickly dealing with confidentiality claims referred to in point 0, the Commission may set a time-limit within which the undertakings shall: (i) substantiate their claim for confidentiality with regard to each individual document or part of document; (ii) provide the Commission with a non-confidential version of the documents, in which the confidential passages are deleted (54). In antitrust proceedings the undertakings in question shall also provide within the said time-limit a concise description of each piece of deleted information (55).

| 37. | The non-confidential versions and the descriptions of the deleted information must be established in a manner that enables any party with access to the file to determine whether the information deleted is likely to be relevant for its defence and therefore whether there are sufficient grounds to request the Commission to grant access to the information claimed to be confidential. |
| --- | --- |

37.

The non-confidential versions and the descriptions of the deleted information must be established in a manner that enables any party with access to the file to determine whether the information deleted is likely to be relevant for its defence and therefore whether there are sufficient grounds to request the Commission to grant access to the information claimed to be confidential.

B.   Treatment of confidential information

| 38. | In antitrust proceedings, if undertakings fail to comply with the provisions set out in points 0 to 0 above, the Commission may assume that the documents or statements concerned do not contain confidential information (56). The Commission will consequently assume that the undertaking has no objections to the disclosure of the documents or statements concerned in their entirety. |
| --- | --- |

38.

In antitrust proceedings, if undertakings fail to comply with the provisions set out in points 0 to 0 above, the Commission may assume that the documents or statements concerned do not contain confidential information (56). The Commission will consequently assume that the undertaking has no objections to the disclosure of the documents or statements concerned in their entirety.

| 39. | In both antitrust proceedings and in proceedings under the Merger Regulation, should the person or undertaking in question meet the conditions set out in points 0 to 0 above, to the extent they are applicable, the Commission will either:






  — | provisionally accept the claims which seem justified. In any event, the Commission reserves the right to reconsider its initial evaluation at a later stage of the handling of the case, or |
| --- | --- | --- |

39.

In both antitrust proceedings and in proceedings under the Merger Regulation, should the person or undertaking in question meet the conditions set out in points 0 to 0 above, to the extent they are applicable, the Commission will either:

—

provisionally accept the claims which seem justified. In any event, the Commission reserves the right to reconsider its initial evaluation at a later stage of the handling of the case, or

| — | inform the person or undertaking in question that it does not agree with the confidentiality claim in whole or in part, where it is apparent that the claim is unjustified. |
| --- | --- |

—

inform the person or undertaking in question that it does not agree with the confidentiality claim in whole or in part, where it is apparent that the claim is unjustified.

| 40. | The Commission may reverse its provisional acceptance of the confidentiality claim in whole or in part. |
| --- | --- |

40.

The Commission may reverse its provisional acceptance of the confidentiality claim in whole or in part.

| 41. | Where the Directorate General for Competition does not agree with the confidentiality claim from the outset or where it takes the view that the provisional acceptance of the confidentiality claim should be reversed, and thus intends to disclose information, it will grant the person or undertaking in question an opportunity to express its views. In such cases, the Directorate General for Competition will inform the person or undertaking in writing of its intention to disclose information, give its reasons and set a time-limit within which such undertaking may inform it in writing of its views. If, following submission of those views, a disagreement on the confidentiality claim persists, the matter will be dealt with by the Hearing Officer according to the applicable Commission terms of reference of Hearing Officers (57). |
| --- | --- |

41.

Where the Directorate General for Competition does not agree with the confidentiality claim from the outset or where it takes the view that the provisional acceptance of the confidentiality claim should be reversed, and thus intends to disclose information, it will grant the person or undertaking in question an opportunity to express its views. In such cases, the Directorate General for Competition will inform the person or undertaking in writing of its intention to disclose information, give its reasons and set a time-limit within which such undertaking may inform it in writing of its views. If, following submission of those views, a disagreement on the confidentiality claim persists, the matter will be dealt with by the Hearing Officer according to the applicable Commission terms of reference of Hearing Officers (57).

| 42. | Where there is a risk that an undertaking which is able to place very considerable economic or commercial pressure on their competitors or on their trading partners, customers or suppliers will adopt retaliatory measures against those, as a consequence of their collaboration in the investigation carried out by the Commission (58), the Commission will protect the anonymity of the authors by providing access to a non-confidential version or summary of the responses in question (59). Requests for anonymity on account of situations of the like, as well as requests for anonymity according to point 81 of the Commission Notice on the handling of complaints (60) will be dealt with according to points 0 to 0. |
| --- | --- |

42.

Where there is a risk that an undertaking which is able to place very considerable economic or commercial pressure on their competitors or on their trading partners, customers or suppliers will adopt retaliatory measures against those, as a consequence of their collaboration in the investigation carried out by the Commission (58), the Commission will protect the anonymity of the authors by providing access to a non-confidential version or summary of the responses in question (59). Requests for anonymity on account of situations of the like, as well as requests for anonymity according to point 81 of the Commission Notice on the handling of complaints (60) will be dealt with according to points 0 to 0.

C.   Provision of access to file

| 43. | The Commission may determine that access to the file shall be granted in one of the following ways, taking due account of the technical capabilities of the parties:






  — | by means of a CD-ROM(s) or any other electronic data storage device as may become available in future, |
| --- | --- | --- |

43.

The Commission may determine that access to the file shall be granted in one of the following ways, taking due account of the technical capabilities of the parties:

—

by means of a CD-ROM(s) or any other electronic data storage device as may become available in future,

| — | through copies of the accessible file in paper form sent to them by mail, |
| --- | --- |

—

through copies of the accessible file in paper form sent to them by mail,

| — | by inviting them to examine the accessible file on the Commission's premises. |
| --- | --- |

—

by inviting them to examine the accessible file on the Commission's premises.

The Commission may choose any combination of these methods.

| 44. | In order to facilitate access to the file, the parties will receive an enumerative list of documents setting out the content of the Commission file, as defined in point 0. |
| --- | --- |

44.

In order to facilitate access to the file, the parties will receive an enumerative list of documents setting out the content of the Commission file, as defined in point 0.

| 45. | Access is granted to evidence as contained in the Commission's file, in its original form: the Commission is under no obligation to provide a translation of documents in the file (61). |
| --- | --- |

45.

Access is granted to evidence as contained in the Commission's file, in its original form: the Commission is under no obligation to provide a translation of documents in the file (61).

| 46. | If a party considers that, after having obtained access to the file, it requires knowledge of specific non-accessible information for its defence, it may submit a reasoned request to that end to the Commission. If the request is not granted by the Directorate General for Competition, the party may submit a reasoned request to the Hearing Officer, in accordance with the applicable terms of reference of Hearing Officers (62). |
| --- | --- |

46.

If a party considers that, after having obtained access to the file, it requires knowledge of specific non-accessible information for its defence, it may submit a reasoned request to that end to the Commission. If the request is not granted by the Directorate General for Competition, the party may submit a reasoned request to the Hearing Officer, in accordance with the applicable terms of reference of Hearing Officers (62).

| 47. | Access to the file in accordance with this notice is granted on the condition that the information thereby obtained may only be used for the purposes of judicial or administrative proceedings for the application of the Community competition rules at issue in the related administrative proceedings (63). Should the information be used for a different purpose, with the involvement of an outside counsel, the Commission may report the incident to the bar of that counsel, with a view to disciplinary action. |
| --- | --- |

47.

Access to the file in accordance with this notice is granted on the condition that the information thereby obtained may only be used for the purposes of judicial or administrative proceedings for the application of the Community competition rules at issue in the related administrative proceedings (63). Should the information be used for a different purpose, with the involvement of an outside counsel, the Commission may report the incident to the bar of that counsel, with a view to disciplinary action.

| 48. | With the exception of points 0 and 0, the rules in this section C apply equally to the grant of access to documents to complainants (in antitrust proceedings) and to other involved parties (in merger proceedings). |
| --- | --- |

48.

With the exception of points 0 and 0, the rules in this section C apply equally to the grant of access to documents to complainants (in antitrust proceedings) and to other involved parties (in merger proceedings).

---

(1)  Council Regulation (EC) No 1/2003 of 20516 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1-25).

(2)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

(3)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1).

(4)  Commission Regulation (EC) No 802/2004 of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ L 133, 30.4.2004, p. 1, corrected in OJ L 172, 6.5.2004, p. 9).

(5)  References in this Notice to Articles 81 and 82 therefore apply also to Articles 53 and 54 of the EEA Agreement.

(6)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

(7)  This question is dealt with in the Directorate General Competition document ‘DG COMP Best Practices on the conduct of EC merger control proceedings’, available on the web-site of the Directorate General for Competition:

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

(8)  Commission notice on the internal rules of procedure for processing requests for access to the file in cases under Articles 85 and 86 [now 81 and 82] of the EC Treaty, Articles 65 and 66 of the ECSC Treaty and Council Regulation (EEC) No 4064/89 (OJ C 23, 23.1.1997, p. 3).

(9)  OJ L 162, 19.6.2001, p. 21.

(10)  In particular Joint Cases T-25/95 et al., Cimenteries CBR SA et al. v Commission, [2000] ECR II-0491.

(11)  See Article 15(1) of the Implementing Regulation, Article 18(3) of the Merger Regulation and Article 17(1) of the Merger Implementing Regulation.

(12)  In this notice the term ‘document’ is used for all forms of information support, irrespective of the storage medium. This covers also any electronic data storage device which may exist or become available.

(13)  See Article 27(2) of Regulation No 1/2003, Articles 15(2) and 16(1) of the Implementing Regulation, and Article 17(3) of the Merger Implementing Regulation. Those exceptions are also mentioned in Case T-7/89, Hercules Chemicals v Commission, [1991] ECR II-1711, point 54. The Court has ruled that it does not belong to the Commission alone to decide which documents in the file may be useful for the purposes of the defence (See Case T-30/91 Solvay v Commission, [1995] ECR II-1775, points 81 to 86, and Case T-36/91 ICI v Commission, [1995] ECR II-1847, points 91 to 96).

(14)  Examples of internal documents are drafts, opinions, memos or notes from the Commission departments or other public authorities concerned.

(15)  See Article 27(2) of Regulation No 1/2003, Article 15(2) of the Implementing Regulation, and Article 17(3) of the Merger Implementing Regulation.

(16)  See point 0.

(17)  See Judgement of 30.9.2003 in Joined Cases T-191/98 and T-212/98 to T-214/98 Atlantic Container Line and others v Commission (TACA), not yet reported, points 349 to 359.

(18)  In this notice, the term ‘undertaking’ includes both undertakings and associations of undertakings. The term ‘person’ encompasses natural and legal persons. Many entities are legal persons and undertakings at the same time; in this case, they are covered by both terms. The same applies where a natural person is an undertaking within the meaning of Articles 81 and 82. In Merger proceedings, account must also be taken of persons referred to in Article 3(1)(b) of the Merger Regulation, even when they are natural persons. For the purposes of points 0 to 0 of this Notice, such persons are covered by the term ‘undertaking’. Where entities without legal personality which are also not undertakings become involved in Commission competition proceedings, the Commission applies, where appropriate, the principles set out in this Notice mutatis mutandis.

(19)  Statements recorded pursuant to Article 19 or Article 20(2)(e) of Regulation 1/2003 or Article 13(2)(e) of the Merger Regulation will also normally belong to the accessible documents (see point 0).

(20)  See Article 27(2) of Regulation No 1/2003.

(21)  See Order of the Court of First Instance in Cases T-134/94 et al NMH Stahlwerke and Others v Commission [1997] ECR II-2293, point 36, and Case T-65/89, BPB Industries and British Gypsum [1993] ECR II-389, point 33.

(22)  In this notice the term ‘EFTA States’ includes the EFTA States that are parties to the EEA Agreement.

(23)  For example, Article VIII.2 of the Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws (OJ L 95, 27.4.1995, p. 45) stipulates that information provided to it in confidence under the Agreement must be protected ‘to the fullest extent possible’. That Article creates an international-law obligation binding the Commission.

(24)  Such documents may also contain evidence or allegations which would make them eligible for inclusion in the first category mentioned immediately above.

(25)  Similar considerations apply to pre-notification referrals at the request of the notifying parties under Article 4(4) and (5) of the Merger Regulation.

(26)  As last amended by the Decision of the EEA Joint Committee ... of ...

(27)  As last amended by the Decision of the EEA Joint Committee No 78/2004 of 8 June 2004.

(28)  See Article 16(1) of the Implementing Regulation and Article 17(3) of the Merger Implementing Regulation; Case T-7/89 Hercules Chemicals NV v Commission, [1991] ECR II-1711, point 54; Case T-23/99, LR AF 1998 A/S v Commission, [2002] ECR II-1705, point 170.

(29)  Judgement of 18.9.1996 in Case T-353/94, Postbank NV v Commission, [1996] ECR II-921, point 87.

(30)  The Community Courts have pronounced upon this question both in cases of alleged abuse of a dominant position (Article 82 of the EC Treaty) (Case T-65/89, BPB Industries and British Gypsum [1993] ECR II-389; and Case C-310/93P, BPB Industries and British Gypsum [1995] ECR I-865), and in merger cases (Case T-221/95 Endemol v Commission [1999] ECR II-1299, point 69, and Case T-5/02 Laval v Commission [2002] ECR II-4381, point 98 et seq.).

(31)  See point 0.

(32)  See point 0.

(33)  However, business secrets or other confidential information which is given to a trade or professional association by its members does not lose its confidential nature with regard to third parties and may therefore not be passed on to complainants. See Joined Cases 209 to 215 and 218/78, Fedetab, [1980] ECR 3125, point 46.

(34)  See points 0-0 on asking undertakings to identify confidential information.

(35)  See Article 27(2) of Regulation No 1/2003 and Article 15(3) of the Implementing Regulation.

(36)  Article 18(1) of the Merger Implementing Regulation.

(37)  See point 0.

(38)  See Article 8(1) of the Implementing Regulation, which speaks about ‘access to documents’ to complainants and Article 17(2) of Merger Implementing Regulation which speaks about ‘access to file’ to other involved parties ‘in so far as this is necessary for the purposes of preparing their comments’.

(39)  See Case T-17/93 Matra-Hachette SA v Commission, [1994] ECR II-595, point 34. The Court ruled that the rights of third parties, as laid down by Article 19 of Council Regulation No 17 of 6.2.1962 (now replaced by Article 27 of Regulation No 1/2003), were limited to the right to participate in the administrative procedure.

(40)  By means of a letter issued in accordance with Article 7(1) of the Implementing Regulation.

(41)  See Article 8(1) of the Implementing Regulation.

(42)  See Article 8(1) of the Implementing Regulation.

(43)  See Article 11(b) of the Merger Implementing Regulation.

(44)  See Article 16(2) of the Implementing Regulation and Article 18(2) of the Merger Implementing Regulation.

(45)  Pursuant to Article 10(2) of the Implementing Regulation.

(46)  Pursuant to Article 6(1) of the Implementing Regulation.

(47)  Pursuant to Article 13(1) and (3) of the Implementing Regulation.

(48)  Pursuant to Article 7(1) of the Implementing Regulation.

(49)  Article 12 of the Merger Implementing Regulation.

(50)  Article 13 of the Merger Implementing Regulation.

(51)  pursuant to Article 16 of the Merger Implementing Regulation.

(52)  In merger proceedings the principles set out in the present and subsequent points also apply to the persons referred to in Article 3(1)(b) of Merger Regulation, see footnote 18 above.

(53)  See Article 16(3) of the Implementing Regulation and Article 18(3) of the Merger Implementing Regulation.

(54)  See Article 16(3) of the Implementing Regulation and Article 18(3) of the Merger Implementing Regulation.

(55)  See Article 16(3) of the Implementing Regulation.

(56)  See Article 16 of the Implementing Regulation.

(57)  See Article 9 of the Commission Decision of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).

(58)  See point 0 .

(59)  See Case T-5/02, Tetra Laval v. Commission, [2002] ECR II-4381, points 98, 104 and 105.

(60)  Commission Notice on the handling of complaints by the Commission under Articles 81 and 82 of the EC Treaty (OJ C 101, 27.4.2004, p. 65).

(61)  See Case T-25/95 et al. Cimenteries, point 635.

(62)  See Article 8 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).

(63)  See Articles 15(4) and 8(2) of the Implementing Regulation, respectively, and Article 17(4) of the Merger Implementing Regulation.

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III Notices

Commission

| 21.10.2004 | EN | Official Journal of the European Union | C 259/19 |
| --- | --- | --- | --- |

21.10.2004

EN

Official Journal of the European Union

C 259/19

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CALL FOR PROPOSALS

DG EAC No 70/04

Support to town-twinning actions stimulating active European citizenship (civic participation) — 2005

(2004/C 259/06)

1.   Objectives

The call for proposals is designed to support town-twinning events, which contribute towards bringing the peoples of the European Union closer together and reinforcing European awareness.

Two kinds of actions will be supported:

| A | : | Meetings bringing together citizens in the framework of new or existing twinning arrangements between towns and municipalities; |
| --- | --- | --- |
| B | : | Conferences in the framework of town-twinning dealing with European themes and training seminars for town-twinning officers. |

A

:

Meetings bringing together citizens in the framework of new or existing twinning arrangements between towns and municipalities;

B

:

Conferences in the framework of town-twinning dealing with European themes and training seminars for town-twinning officers.

2.   Eligible applicants:

for part A:

| — | towns and municipalities or their twinning associations/committees; |
| --- | --- |

—

towns and municipalities or their twinning associations/committees;

for part B:

| — | towns and municipalities or their twinning associations/committees, |
| --- | --- |

—

towns and municipalities or their twinning associations/committees,

| — | other levels of local and regional government, |
| --- | --- |

—

other levels of local and regional government,

| — | federations and associations of local authorities. |
| --- | --- |

—

federations and associations of local authorities.

Eligible countries:

| — | the 25 Member States of the European Union (Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden, United Kingdom), |
| --- | --- |

—

the 25 Member States of the European Union (Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden, United Kingdom),

| — | furthermore an EEA/EFTA country or a candidate country (Bulgaria, Romania, Turkey) will be eligible if, by the deadline for submission of grant applications, an agreement on participation in the programme has been concluded between the Country in concern and the Commission. |
| --- | --- |

—

furthermore an EEA/EFTA country or a candidate country (Bulgaria, Romania, Turkey) will be eligible if, by the deadline for submission of grant applications, an agreement on participation in the programme has been concluded between the Country in concern and the Commission.

3.   Budget and duration of projects

The total budget allocated to co-financing of projects is estimated to be EUR 10 000 000.

For part A the grants are based on flat rates. The grants will be between EUR 2 000 and EUR 20 000. The duration of the project cannot exceed three weeks.

For part B the grant may not exceed 50 % of the total amount of the project's eligible costs. The grants will be between EUR 5 000 and EUR 50 000. The duration of the project cannot exceed seven days.

All projects must start between 15 March and 31 December 2005.

4.   Deadlines

First phase: until 15 November 2004 for actions beginning between 15 March and 30 April 2005.

Second phase: until 3 January 2005 for actions beginning between 1 May and 15 June 2005.

Third phase: until 15 February 2005 for actions beginning between 16 June and 31 July 2005.

Fourth phase: until 1 April 2005 for actions beginning between 1 August and 30 September 2005.

Fifth phase: until 1 June 2005 for actions beginning between 1 October and 31 December 2005.

5.   Complete information

The complete text of the call for proposals, the application forms and a user guide can be downloaded from the following Internet site:

http://europa.eu.int/comm/towntwinning/call/call_en.html

Applications must respect the provisions of the complete call for proposals and must be presented using the proper application form.

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21.10.2004

| 21.10.2004 | EN | Official Journal of the European Union | C 259/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 259/s3

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NOTICE

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