# Official Journal C 294/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.294.eng |
| --- | --- |
| Official Journal
  of the European Union | C 294 |
| | |
| English edition | Information and Notices | Volume 5610 October 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.294.eng

Official Journal

of the European Union

C 294

English edition

Information and Notices

Volume 5610 October 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 294/01 | Decisions in the context of the monitoring of the implementation of decisions regarding restructuring and liquidation aid for financial institutions (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 294/01

Decisions in the context of the monitoring of the implementation of decisions regarding restructuring and liquidation aid for financial institutions (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 294/02 | Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 294/03 | Information communicated by Member States regarding closure of fisheries | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 294/02

Euro exchange rates

2

NOTICES FROM MEMBER STATES

2013/C 294/03

Information communicated by Member States regarding closure of fisheries

3

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2013/C 294/04 | Action brought on 3 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-12/13) | 4 |
| 2013/C 294/05 | Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-18/13) | 5 |
| 2013/C 294/06 | Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-17/13) | 6 |
| 2013/C 294/07 | Action brought on 9 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-16/13) | 7 |
| 2013/C 294/08 | Action brought on 9 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-15/13) | 8 |
| 2013/C 294/09 | Action brought on 3 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-14/13) | 9 |
| 2013/C 294/10 | Action brought on 3 July 2013 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-13/13) | 10 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2013/C 294/11 | Notice concerning the anti-dumping measures in force in respect of imports into the Union of fatty alcohols and their blends originating in India: modification of the corporate name of a company subject to an individual anti-dumping duty rate | 11 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2013/C 294/04

Action brought on 3 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-12/13)

4

2013/C 294/05

Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-18/13)

5

2013/C 294/06

Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-17/13)

6

2013/C 294/07

Action brought on 9 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-16/13)

7

2013/C 294/08

Action brought on 9 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-15/13)

8

2013/C 294/09

Action brought on 3 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-14/13)

9

2013/C 294/10

Action brought on 3 July 2013 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-13/13)

10

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2013/C 294/11

Notice concerning the anti-dumping measures in force in respect of imports into the Union of fatty alcohols and their blends originating in India: modification of the corporate name of a company subject to an individual anti-dumping duty rate

11

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 10.10.2013 | EN | Official Journal of the European Union | C 294/1 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/1

---

Decisions in the context of the monitoring of the implementation of decisions regarding restructuring and liquidation aid for financial institutions

(Text with EEA relevance)

2013/C 294/01

| Date of adoption of the decision | 9.7.2013 |
| --- | --- |
| Reference number of the aid | SA.36784 (13/MC) |
| Member State | Ireland |
| Title (and/or name of the beneficiary) | Bank of Ireland: Amendment of commitments |
| Type of decision | Decisions in the context of the monitoring of the implementation of decisions regarding restructuring and liquidation aid for financial institutions |
| Content | Adaptation of structural requirements: swap of a business to be divested, Adaptation of behavioural measures or similar requirements, Other adaptation |
| Other information | — |

Date of adoption of the decision

9.7.2013

Reference number of the aid

SA.36784 (13/MC)

Member State

Ireland

Title (and/or name of the beneficiary)

Bank of Ireland: Amendment of commitments

Type of decision

Decisions in the context of the monitoring of the implementation of decisions regarding restructuring and liquidation aid for financial institutions

Content

Adaptation of structural requirements: swap of a business to be divested, Adaptation of behavioural measures or similar requirements, Other adaptation

Other information

—

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

http://ec.europa.eu/competition/elojade/isef/index.cfm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 10.10.2013 | EN | Official Journal of the European Union | C 294/2 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/2

---

Euro exchange rates (1)

9 October 2013

2013/C 294/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3515 |
| JPY | Japanese yen | 131,55 |
| DKK | Danish krone | 7,4595 |
| GBP | Pound sterling | 0,84640 |
| SEK | Swedish krona | 8,7445 |
| CHF | Swiss franc | 1,2313 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1100 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,598 |
| HUF | Hungarian forint | 296,20 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7027 |
| PLN | Polish zloty | 4,1995 |
| RON | Romanian leu | 4,4658 |
| TRY | Turkish lira | 2,6857 |
| AUD | Australian dollar | 1,4299 |
| CAD | Canadian dollar | 1,4029 |
| HKD | Hong Kong dollar | 10,4801 |
| NZD | New Zealand dollar | 1,6269 |
| SGD | Singapore dollar | 1,6918 |
| KRW | South Korean won | 1 453,88 |
| ZAR | South African rand | 13,5072 |
| CNY | Chinese yuan renminbi | 8,2709 |
| HRK | Croatian kuna | 7,6125 |
| IDR | Indonesian rupiah | 15 068,43 |
| MYR | Malaysian ringgit | 4,3222 |
| PHP | Philippine peso | 58,346 |
| RUB | Russian rouble | 43,7300 |
| THB | Thai baht | 42,488 |
| BRL | Brazilian real | 2,9800 |
| MXN | Mexican peso | 17,8128 |
| INR | Indian rupee | 83,5980 |

Currency

Exchange rate

USD

US dollar

1,3515

JPY

Japanese yen

131,55

DKK

Danish krone

7,4595

GBP

Pound sterling

0,84640

SEK

Swedish krona

8,7445

CHF

Swiss franc

1,2313

ISK

Iceland króna

NOK

Norwegian krone

8,1100

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,598

HUF

Hungarian forint

296,20

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7027

PLN

Polish zloty

4,1995

RON

Romanian leu

4,4658

TRY

Turkish lira

2,6857

AUD

Australian dollar

1,4299

CAD

Canadian dollar

1,4029

HKD

Hong Kong dollar

10,4801

NZD

New Zealand dollar

1,6269

SGD

Singapore dollar

1,6918

KRW

South Korean won

1 453,88

ZAR

South African rand

13,5072

CNY

Chinese yuan renminbi

8,2709

HRK

Croatian kuna

7,6125

IDR

Indonesian rupiah

15 068,43

MYR

Malaysian ringgit

4,3222

PHP

Philippine peso

58,346

RUB

Russian rouble

43,7300

THB

Thai baht

42,488

BRL

Brazilian real

2,9800

MXN

Mexican peso

17,8128

INR

Indian rupee

83,5980

---

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

---

NOTICES FROM MEMBER STATES

| 10.10.2013 | EN | Official Journal of the European Union | C 294/3 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/3

---

Information communicated by Member States regarding closure of fisheries

2013/C 294/03

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 12.8.2013 |
| --- | --- |
| Duration | 12.8.2013-31.12.2013 |
| Member State | The Netherlands |
| Stock or group of stocks | HER/6AS7BC |
| Species | Herring (Clupea harengus) |
| Zone | VIaS, VIIb, VIIc |
| Type(s) of fishing vessels | — |
| Reference number | 35/TQ39 |

Date and time of closure

12.8.2013

Duration

12.8.2013-31.12.2013

Member State

The Netherlands

Stock or group of stocks

HER/6AS7BC

Species

Herring (Clupea harengus)

Zone

VIaS, VIIb, VIIc

Type(s) of fishing vessels

—

Reference number

35/TQ39

---

(1)  OJ L 343, 22.12.2009, p. 1.

---

V Announcements

COURT PROCEEDINGS

EFTA Court

| 10.10.2013 | EN | Official Journal of the European Union | C 294/4 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/4

---

Action brought on 3 July 2013 by the EFTA Surveillance Authority against Iceland

(Case E-12/13)

2013/C 294/04

An action against Iceland was brought before the EFTA Court on 3 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis, Clémence Perrin and Catherine Howdle, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | declare that by failing to implement correctly Article 1, paragraphs 15-18, 19(a), 21, 22(a), 23-29, 36-37, 39-42 and Article 2, paragraphs 5 and 6 of the Act referred to at points 14, 16e and 31 of Annex IX to the Agreement on the European Economic Area (Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements and crisis management), as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time prescribed, and by failing to inform the Authority of the text of such measures, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement; |
| --- | --- |

1.

declare that by failing to implement correctly Article 1, paragraphs 15-18, 19(a), 21, 22(a), 23-29, 36-37, 39-42 and Article 2, paragraphs 5 and 6 of the Act referred to at points 14, 16e and 31 of Annex IX to the Agreement on the European Economic Area (Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements and crisis management), as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time prescribed, and by failing to inform the Authority of the text of such measures, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement;

| 2. | order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The application addresses the failure by Iceland to comply, no later than 12 November 2012, with reasoned opinion issued by the EFTA Surveillance Authority on 12 September 2012 on the failure to correctly implement Article 1, paragraphs 15-18, 19(a), 21, 22(a), 23-29, 36-37, 39-42 and Article 2, paragraphs 5 and 6 of the Act referred to at points 14, 16e and 31 of Annex IX to the Agreement on the European Economic Area (Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements and crisis management). |
| --- | --- |

—

The application addresses the failure by Iceland to comply, no later than 12 November 2012, with reasoned opinion issued by the EFTA Surveillance Authority on 12 September 2012 on the failure to correctly implement Article 1, paragraphs 15-18, 19(a), 21, 22(a), 23-29, 36-37, 39-42 and Article 2, paragraphs 5 and 6 of the Act referred to at points 14, 16e and 31 of Annex IX to the Agreement on the European Economic Area (Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements and crisis management).

| — | The EFTA Surveillance Authority submits that Iceland has failed to fully implement the Act within the time limit prescribed and to notify the EFTA Surveillance Authority accordingly. |
| --- | --- |

—

The EFTA Surveillance Authority submits that Iceland has failed to fully implement the Act within the time limit prescribed and to notify the EFTA Surveillance Authority accordingly.

---

| 10.10.2013 | EN | Official Journal of the European Union | C 294/5 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/5

---

Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland

(Case E-18/13)

2013/C 294/05

An action against Iceland was brought before the EFTA Court on 10 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis, Auður Ýr Steinarsdóttir and Maria Moustakali, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, all the measures necessary to implement the Act referred to at point 21ar of Annex XX to the Agreement on the European Economic Area (Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement; |
| --- | --- |

1.

declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, all the measures necessary to implement the Act referred to at point 21ar of Annex XX to the Agreement on the European Economic Area (Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement;

| 2. | order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present application by the EFTA Surveillance Authority addresses Iceland’s failure to comply, no later than 3 December 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 3 October 2012 regarding that State’s failure to implement into its national legal order Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (‘the Act’), as referred to at point 21ar of Annex XX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto. |
| --- | --- |

—

The present application by the EFTA Surveillance Authority addresses Iceland’s failure to comply, no later than 3 December 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 3 October 2012 regarding that State’s failure to implement into its national legal order Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (‘the Act’), as referred to at point 21ar of Annex XX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto.

| — | The EFTA Surveillance Authority submits that Iceland has not disputed that there is still delay in implementing Article 2 of the Act and that it has no information before it that could indicate that the Act has been fully implemented. As a result, the EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 15 of the Act in conjunction with Decision of the EEA Joint Committee No 149/2009, and under Article 7 of the EEA Agreement by failing to adopt or to notify the measures necessary to implement the Act within the time prescribed. |
| --- | --- |

—

The EFTA Surveillance Authority submits that Iceland has not disputed that there is still delay in implementing Article 2 of the Act and that it has no information before it that could indicate that the Act has been fully implemented. As a result, the EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 15 of the Act in conjunction with Decision of the EEA Joint Committee No 149/2009, and under Article 7 of the EEA Agreement by failing to adopt or to notify the measures necessary to implement the Act within the time prescribed.

---

| 10.10.2013 | EN | Official Journal of the European Union | C 294/6 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/6

---

Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland

(Case E-17/13)

2013/C 294/06

An action against Iceland was brought before the EFTA Court on 10 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis and Clémence Perrin, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, all the measures necessary to implement Article 2 of the Act referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area (Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement; |
| --- | --- |

1.

declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, all the measures necessary to implement Article 2 of the Act referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area (Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement;

| 2. | order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present application by the EFTA Surveillance Authority addresses Iceland’s failure to comply, no later than 12 November 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 September 2012 regarding that State’s failure to implement into its national legal order Article 2 of Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (‘the Act’), as referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto. |
| --- | --- |

—

The present application by the EFTA Surveillance Authority addresses Iceland’s failure to comply, no later than 12 November 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 September 2012 regarding that State’s failure to implement into its national legal order Article 2 of Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (‘the Act’), as referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto.

| — | The EFTA Surveillance Authority submits that Iceland has not disputed that there is a continued delay in implementing Article 2 of the Act. As a result, the EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 3 of the Act and under Article 7 of the EEA Agreement by failing to adopt or to notify the measures necessary to implement Article 2 of the Act within the time prescribed. |
| --- | --- |

—

The EFTA Surveillance Authority submits that Iceland has not disputed that there is a continued delay in implementing Article 2 of the Act. As a result, the EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 3 of the Act and under Article 7 of the EEA Agreement by failing to adopt or to notify the measures necessary to implement Article 2 of the Act within the time prescribed.

---

| 10.10.2013 | EN | Official Journal of the European Union | C 294/7 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/7

---

Action brought on 9 July 2013 by the EFTA Surveillance Authority against Iceland

(Case E-16/13)

2013/C 294/07

An action against Iceland was brought before the EFTA Court on 9 July 2013 by the EFTA Surveillance Authority, represented by Markus Schneider and Catherine Howdle, acting as Agents of the EFTA Surveillance Authority, 35 rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 7b of Annex XIX to the Agreement on the European Economic Area (Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement; |
| --- | --- |

1.

declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 7b of Annex XIX to the Agreement on the European Economic Area (Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement;

| 2. | order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present application by the EFTA Surveillance Authority addresses the failure by Iceland to comply, no later than 11 September 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 11 July 2012 regarding that State’s failure to implement into its national legal order Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (‘the Act’), as referred to at point 7b of Annex XIX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto. |
| --- | --- |

—

The present application by the EFTA Surveillance Authority addresses the failure by Iceland to comply, no later than 11 September 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 11 July 2012 regarding that State’s failure to implement into its national legal order Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (‘the Act’), as referred to at point 7b of Annex XIX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto.

| — | The EFTA Surveillance Authority submits that it has no information before it that could indicate that the Act has been fully implemented. |
| --- | --- |

—

The EFTA Surveillance Authority submits that it has no information before it that could indicate that the Act has been fully implemented.

---

| 10.10.2013 | EN | Official Journal of the European Union | C 294/8 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/8

---

Action brought on 9 July 2013 by the EFTA Surveillance Authority against Iceland

(Case E-15/13)

2013/C 294/08

An action against Iceland was brought before the EFTA Court on 9 July 2013 by the EFTA Surveillance Authority, represented by Markus Schneider and Catherine Howdle acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | Declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 7d of Annex XIX to the Agreement on the European Economic Area (Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement. |
| --- | --- |

1.

Declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 7d of Annex XIX to the Agreement on the European Economic Area (Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement.

| 2. | Order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

Order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present application by the EFTA Surveillance Authority addresses the failure by Iceland to comply, no later than 5 November 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 5 September 2012 regarding that State’s failure to implement into its national legal order, Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests (the Act), as referred to at point 7d of Annex XIX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto. |
| --- | --- |

—

The present application by the EFTA Surveillance Authority addresses the failure by Iceland to comply, no later than 5 November 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 5 September 2012 regarding that State’s failure to implement into its national legal order, Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests (the Act), as referred to at point 7d of Annex XIX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto.

| — | The EFTA Surveillance Authority submits that it has no information before it that could indicate that the Act has been fully implemented. |
| --- | --- |

—

The EFTA Surveillance Authority submits that it has no information before it that could indicate that the Act has been fully implemented.

---

| 10.10.2013 | EN | Official Journal of the European Union | C 294/9 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/9

---

Action brought on 3 July 2013 by the EFTA Surveillance Authority against Iceland

(Case E-14/13)

2013/C 294/09

An action against Iceland was brought before the EFTA Court on 3 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis, Gjermund Mathisen and Auður Ýr Steinarsdóttir, acting as Agents of the EFTA Surveillance Authority, 35 rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

| 1. | by maintaining in force a difference in treatment between domestic mergers and cross-border mergers as a result of the application of Article 51, paragraph 1 of Act No 90/2003 on Income Tax (lög nr. 90/2003 um tekjuskatt), Iceland has failed to fulfil its obligations arising from Articles 31 and 40 of the Agreement of the European Economic Area; |
| --- | --- |

1.

by maintaining in force a difference in treatment between domestic mergers and cross-border mergers as a result of the application of Article 51, paragraph 1 of Act No 90/2003 on Income Tax (lög nr. 90/2003 um tekjuskatt), Iceland has failed to fulfil its obligations arising from Articles 31 and 40 of the Agreement of the European Economic Area;

| 2. | Iceland shall bear the costs of these proceedings. |
| --- | --- |

2.

Iceland shall bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present application by the EFTA Surveillance Authority addresses the failure by Iceland to fulfil its obligations as regards the freedom of establishment and the free movement of capital under Articles 31 and 40 of the Agreement on the European Economic Area (‘EEA Agreement’), by imposing an immediate tax on assets and shares of companies that merge cross-border with companies established in the other EEA States and on shareholders of such companies, whereas similar transactions within the Icelandic territory do not attract any immediate tax consequences. |
| --- | --- |

—

The present application by the EFTA Surveillance Authority addresses the failure by Iceland to fulfil its obligations as regards the freedom of establishment and the free movement of capital under Articles 31 and 40 of the Agreement on the European Economic Area (‘EEA Agreement’), by imposing an immediate tax on assets and shares of companies that merge cross-border with companies established in the other EEA States and on shareholders of such companies, whereas similar transactions within the Icelandic territory do not attract any immediate tax consequences.

| — | The EFTA Surveillance Authority submits that this different treatment between domestic mergers and cross-border mergers is not justified and is, therefore, incompatible with Articles 31 and 40 of the EEA Agreement. |
| --- | --- |

—

The EFTA Surveillance Authority submits that this different treatment between domestic mergers and cross-border mergers is not justified and is, therefore, incompatible with Articles 31 and 40 of the EEA Agreement.

---

| 10.10.2013 | EN | Official Journal of the European Union | C 294/10 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/10

---

Action brought on 3 July 2013 by the EFTA Surveillance Authority against the Kingdom of Norway

(Case E-13/13)

2013/C 294/10

An action against the Kingdom of Norway was brought before the EFTA Court on 3 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis and Catherine Howdle, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

| 1. | the Kingdom of Norway, by failing to implement correctly into its national legislation Article 37(1) of the Act referred to at point 23b of Annex IX to the Agreement on the European Economic Area (i.e. Directive 2005/60/EC on the prevention of the use of financial system for the purpose of money laundering and terrorist financing), as adapted to the EEA Agreement by Protocol 1 thereto, has failed to fulfil its obligations arising under that Act and under Article 7 of the EEA Agreement; |
| --- | --- |

1.

the Kingdom of Norway, by failing to implement correctly into its national legislation Article 37(1) of the Act referred to at point 23b of Annex IX to the Agreement on the European Economic Area (i.e. Directive 2005/60/EC on the prevention of the use of financial system for the purpose of money laundering and terrorist financing), as adapted to the EEA Agreement by Protocol 1 thereto, has failed to fulfil its obligations arising under that Act and under Article 7 of the EEA Agreement;

| 2. | the Kingdom of Norway bears the costs of these proceedings. |
| --- | --- |

2.

the Kingdom of Norway bears the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The application addresses the failure by the Kingdom of Norway to implement correctly the Act referred to at point 23b of Annex IX to the Agreement on the European Economic Area, as adapted to the EEA Agreement by Protocol 1 thereto. |
| --- | --- |

—

The application addresses the failure by the Kingdom of Norway to implement correctly the Act referred to at point 23b of Annex IX to the Agreement on the European Economic Area, as adapted to the EEA Agreement by Protocol 1 thereto.

| — | The EFTA Surveillance Authority submits that Norwegian law has not ensured the effective monitoring of the activities of certain persons who fall within the ratione personae scope of the Directive. It also submits that Norway has taken no action to remedy the shortcomings in its national law. |
| --- | --- |

—

The EFTA Surveillance Authority submits that Norwegian law has not ensured the effective monitoring of the activities of certain persons who fall within the ratione personae scope of the Directive. It also submits that Norway has taken no action to remedy the shortcomings in its national law.

| — | The EFTA Surveillance Authority submits that the present situation in Norway amounts to a continuing breach of Norway’s obligations to implement into national law Directive 2005/60/EC, as incorporated into the Annexes to the EEA Agreement. |
| --- | --- |

—

The EFTA Surveillance Authority submits that the present situation in Norway amounts to a continuing breach of Norway’s obligations to implement into national law Directive 2005/60/EC, as incorporated into the Annexes to the EEA Agreement.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 10.10.2013 | EN | Official Journal of the European Union | C 294/11 |
| --- | --- | --- | --- |

10.10.2013

EN

Official Journal of the European Union

C 294/11

---

Notice concerning the anti-dumping measures in force in respect of imports into the Union of fatty alcohols and their blends originating in India: modification of the corporate name of a company subject to an individual anti-dumping duty rate

2013/C 294/11

Imports of fatty alcohols and their blends originating in India are subject to definitive anti-dumping duties imposed by Council Implementing Regulation (EU) No 1138/2011 (1).

VVF Limited, a company located in the Republic of India, whose exports to the Union of fatty alcohols and their blends are subject to an individual anti-dumping duty rate of EUR 46,98 per tonne net, pursuant to Article 1(2) of the aforementioned Regulation, has informed the European Commission that on 1 June 2012, the operations pertinent to the production and exports of fatty alcohols and their blends have been moved to another legal entity within the existing group with the name VVF (India) Limited.

The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Council Implementing Regulation (EU) No 1138/2011. Therefore, the reference in Article 1(2) of Regulation (EU) No 1138/2011 to ‘VVF Ltd’ should be read as ‘VVF (India) Ltd’, with the corporate address unchanged.

The TARIC additional code B110 previously attributed to VVF Ltd shall apply to VVF (India) Ltd.

---

(1)  OJ L 293, 11.11.2011, p. 1.

---