# Official Journal C 264/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.264.eng |
| --- | --- |
| Official Journal
  of the European Union | C 264 |
| | |
| English edition | Information and Notices | Volume 526 November 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.264.eng

Official Journal

of the European Union

C 264

English edition

Information and Notices

Volume 526 November 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 264/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2009/C 264/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 264/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

2009/C 264/02

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 264/03 | Euro exchange rates | 7 |
| 2009/C 264/04 | Summary of Commission Decision of 19 December 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/34.579 — MasterCard, Case COMP/36.518 — EuroCommerce, Case COMP/38.580 — Commercial Cards) (notified under document C(2007) 6474)
   (
  1
  ) | 8 |
| 2009/C 264/05 | Final Report of the Hearing Officer in Cases COMP/34.579 MasterCard, COMP/36.518 EuroCommerce, COMP/38.580 Commercial Cards; collectively MasterCard(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21) | 12 |
| 2009/C 264/06 | Administrative Commission of the European Communities on social security for migrant workers — Rates for conversion of currencies pursuant to Council Regulation (EEC) No 574/72 | 15 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 264/07 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 17 |
| 2009/C 264/08 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the EC Treaty (General Block Exemption Regulation) (
  1
  ) | 20 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 264/03

Euro exchange rates

7

2009/C 264/04

Summary of Commission Decision of 19 December 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/34.579 — MasterCard, Case COMP/36.518 — EuroCommerce, Case COMP/38.580 — Commercial Cards) (notified under document C(2007) 6474)
   (
  1
  )

(notified under document C(2007) 6474)

1

8

2009/C 264/05

Final Report of the Hearing Officer in Cases COMP/34.579 MasterCard, COMP/36.518 EuroCommerce, COMP/38.580 Commercial Cards; collectively MasterCard(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

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

12

2009/C 264/06

Administrative Commission of the European Communities on social security for migrant workers — Rates for conversion of currencies pursuant to Council Regulation (EEC) No 574/72

15

NOTICES FROM MEMBER STATES

2009/C 264/07

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

17

2009/C 264/08

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the EC Treaty (General Block Exemption Regulation) (
  1
  )

1

20

| | |
| --- | --- |
| 2009/C 264/09 | Note to the reader (see page 3 of the cover) | s3 |

2009/C 264/09

Note to the reader (see page 3 of the cover)

Note to the reader

s3

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 6.11.2009 | EN | Official Journal of the European Union | C 264/1 |
| --- | --- | --- | --- |

6.11.2009

EN

Official Journal of the European Union

C 264/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

2009/C 264/01

| Date of adoption of the decision | 17.8.2009 |
| --- | --- |
| Reference number of State Aid | N 362/09 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Allongement de la durée des concessions accordées par l'État français aux sociétés concessionnaires d'autoroutes — Plan de relance de l'économie — volet autoroutier |
| Legal basis | Article 25 de la loi no 2009-179 du 17 février 2009 pour l'accélération des programmes de construction et d'investissement publics et privés |
| Type of measure | Individual aid |
| Objective | — |
| Form of aid | One-year extension of motorway concessions |
| Budget | Approximately EUR 1 000 million |
| Intensity | — |
| Duration (period) | From 18 August 2009 until 31 December 2009 |
| Economic sector | Building of roads and motorways |
| Name and address of the granting authority | MEEDDAT |
| Arche Sud |
| 92055 La Défense Cedex |
| FRANCE |

Date of adoption of the decision

17.8.2009

Reference number of State Aid

N 362/09

Member State

France

Region

—

Title (and/or name of the beneficiary)

Allongement de la durée des concessions accordées par l'État français aux sociétés concessionnaires d'autoroutes — Plan de relance de l'économie — volet autoroutier

Legal basis

Article 25 de la loi no 2009-179 du 17 février 2009 pour l'accélération des programmes de construction et d'investissement publics et privés

Type of measure

Individual aid

Objective

—

Form of aid

One-year extension of motorway concessions

Budget

Approximately EUR 1 000 million

Intensity

—

Duration (period)

From 18 August 2009 until 31 December 2009

Economic sector

Building of roads and motorways

Name and address of the granting authority

MEEDDAT

Arche Sud

92055 La Défense Cedex

FRANCE

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/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 25.9.2009 |
| --- | --- |
| Reference number of State Aid | N 474/09 |
| Member State | Netherlands |
| Region | All regions |
| Title (and/or name of the beneficiary) | Wijziging van de steunregeling voor de uitrusting van goederenlocomotieven met het European Train Control System (ETCS) |
| Legal basis | Kaderwet subsidies Verkeer en Waterstaat |
| Type of measure | Aid scheme |
| Objective | Aid for coordination of transport |
| Form of aid | Direct grant |
| Budget | EUR 6,5 million |
| Intensity | 50 % |
| Duration (period) | 2009-2010 |
| Economic sectors | Transport |
| Name and address of the granting authority | Ministerie van Verkeer en Waterstaat |
| Postbus 20901 |
| 2500 EX Den Haag |
| NEDERLAND |

Date of adoption of the decision

25.9.2009

Reference number of State Aid

N 474/09

Member State

Netherlands

Region

All regions

Title (and/or name of the beneficiary)

Wijziging van de steunregeling voor de uitrusting van goederenlocomotieven met het European Train Control System (ETCS)

Legal basis

Kaderwet subsidies Verkeer en Waterstaat

Type of measure

Aid scheme

Objective

Aid for coordination of transport

Form of aid

Direct grant

Budget

EUR 6,5 million

Intensity

50 %

Duration (period)

2009-2010

Economic sectors

Transport

Name and address of the granting authority

Ministerie van Verkeer en Waterstaat

Postbus 20901

2500 EX Den Haag

NEDERLAND

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/community_law/state_aids/state_aids_texts_en.htm

---

| 6.11.2009 | EN | Official Journal of the European Union | C 264/3 |
| --- | --- | --- | --- |

6.11.2009

EN

Official Journal of the European Union

C 264/3

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

2009/C 264/02

| Date of adoption of the decision | 3.6.2009 |
| --- | --- |
| Reference number of State Aid | N 326/08 |
| Member State | France |
| Region | Saint-Martin |
| Title (and/or name of the beneficiary) | Réduction des taux d’imposition à Saint-Martin |
| Legal basis | — |
| Type of measure | — |
| Objective | — |
| Form of aid | Tax advantage |
| Budget | — |
| Intensity | — |
| Duration (period) | — |
| Economic sectors | All sectors |
| Name and address of the granting authority | Collectivité de Saint-Martin |
| Hôtel de la collectivité |
| Marigot BP 374 |
| 97054 Saint-Martin Cedex |
| FRANCE |

Date of adoption of the decision

3.6.2009

Reference number of State Aid

N 326/08

Member State

France

Region

Saint-Martin

Title (and/or name of the beneficiary)

Réduction des taux d’imposition à Saint-Martin

Legal basis

—

Type of measure

—

Objective

—

Form of aid

Tax advantage

Budget

—

Intensity

—

Duration (period)

—

Economic sectors

All sectors

Name and address of the granting authority

Collectivité de Saint-Martin

Hôtel de la collectivité

Marigot BP 374

97054 Saint-Martin Cedex

FRANCE

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/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 19.10.2009 |
| --- | --- |
| Reference number of State Aid | N 172/09 |
| Member State | Slovenia |
| Region | — |
| Title (and/or name of the beneficiary) | Broadband development in Slovenia |
| Legal basis | 1. | Zakon o elektronskih komunikacijah (Uradni list RS, št. 13/07, 102/07) |

Date of adoption of the decision

19.10.2009

Reference number of State Aid

N 172/09

Member State

Slovenia

Region

—

Title (and/or name of the beneficiary)

Broadband development in Slovenia

Legal basis

1.

Zakon o elektronskih komunikacijah (Uradni list RS, št. 13/07, 102/07)

| 2. | Strategija razvoja širokopasovnih omrežij v Republiki Sloveniji |
| --- | --- |

2.

Strategija razvoja širokopasovnih omrežij v Republiki Sloveniji

| 3. | Uredbe sveta (ES) št. 1083/2006 |
| --- | --- |

3.

Uredbe sveta (ES) št. 1083/2006

| 4. | Uredbe Komisije (ES) št. 1828/2006 |
| --- | --- |

4.

Uredbe Komisije (ES) št. 1828/2006

| 5. | Uredbe o izvajanju postopkov pri porabi sredstev evropske kohezijske politike v Republiki Sloveniji v programskem obdobju 2007–2013 |
| --- | --- |

5.

Uredbe o izvajanju postopkov pri porabi sredstev evropske kohezijske politike v Republiki Sloveniji v programskem obdobju 2007–2013

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: EUR 92,5 million

Intensity

—

Duration (period)

until 31.12.2013

Economic sectors

Post and telecommunications

Name and address of the granting authority

| Ministrstvo za gospodarstvo |
| --- |
| Kotnikova ulica 5 |
| SI-1000 Ljubljana |
| SLOVENIJA |

Ministrstvo za gospodarstvo

Kotnikova ulica 5

SI-1000 Ljubljana

SLOVENIJA

| Dunajska 58 |
| --- |
| SI-1000 Ljubljana |
| SLOVENIJA |

Dunajska 58

SI-1000 Ljubljana

SLOVENIJA

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/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 17.8.2009 |
| --- | --- |
| Reference number of State Aid | N 408/09 |
| Member State | Poland |
| Region | — |
| Title (and/or name of the beneficiary) | Ograniczona kwota pomocy zgodna ze wspólnym rynkiem – łagodzenie skutków kryzysu ekonomicznego |
| Legal basis | — | Ustawa o swobodzie działalności gospodarczej (Dz.U. z 2007 r. nr 155, poz. 1095 z późn. zm.) (Law on the freedom of economic activity) |

Date of adoption of the decision

17.8.2009

Reference number of State Aid

N 408/09

Member State

Poland

Region

—

Title (and/or name of the beneficiary)

Ograniczona kwota pomocy zgodna ze wspólnym rynkiem – łagodzenie skutków kryzysu ekonomicznego

Legal basis

—

Ustawa o swobodzie działalności gospodarczej (Dz.U. z 2007 r. nr 155, poz. 1095 z późn. zm.) (Law on the freedom of economic activity)

| — | Ustawa z dnia 13 lipca 2006 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy (Dz.U. z 2006 r. nr 158, poz. 1121, z 2008 r. nr 237, poz. 1654 oraz z 2009 r. nr 6, poz. 33) (Law on the protection of employees’ claims in case of insolvency of the employer) |
| --- | --- |

—

Ustawa z dnia 13 lipca 2006 r. o ochronie roszczeń pracowniczych w razie niewypłacalności pracodawcy (Dz.U. z 2006 r. nr 158, poz. 1121, z 2008 r. nr 237, poz. 1654 oraz z 2009 r. nr 6, poz. 33) (Law on the protection of employees’ claims in case of insolvency of the employer)

| — | Ustawa z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy (Dz.U. z 2008 r. nr 69, poz. 415 z późn. zm.) (Law on promotion of employment and institutions of labour market) |
| --- | --- |

—

Ustawa z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy (Dz.U. z 2008 r. nr 69, poz. 415 z późn. zm.) (Law on promotion of employment and institutions of labour market)

| — | Kodeks Pracy, Ustawa z dnia 26 czerwca 1974 r. (Labour Code) |
| --- | --- |

—

Kodeks Pracy, Ustawa z dnia 26 czerwca 1974 r. (Labour Code)

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Direct grant, Reduction of social security contributions, Tax advantage

Budget

Overall budget: PLN 1 020 million

Intensity

—

Duration (period)

31.12.2010

Economic sectors

All sectors

Name and address of the granting authority

| Ministry of Employment and Social Affairs |
| --- |
| ul. Tamka 1 |
| 00-349 Warszawa |
| POLSKA/POLAND |

Ministry of Employment and Social Affairs

ul. Tamka 1

00-349 Warszawa

POLSKA/POLAND

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/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 19.8.2009 |
| --- | --- |
| Reference number of State Aid | N 441/09 |
| Member State | Italy |
| Region | Val d'Aosta |
| Title (and/or name of the beneficiary) | Modificazioni alla legge regionale n. 84/1993 n. 84: Interventi in favore della ricerca e dello sviluppo |
| Legal basis | Disegno di legge regionale n. 48 recante modificazioni alla legge regionale 7 dicembre 1993, n. 84 recante «Interventi regionali in favore della ricerca e dello sviluppo» |
| Type of measure | Aid scheme |
| Objective | Research and development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 35 million |
| Intensity | 80 % |
| Duration (period) | until 31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Regione Val d'Aosta |
| Other information | — |

Date of adoption of the decision

19.8.2009

Reference number of State Aid

N 441/09

Member State

Italy

Region

Val d'Aosta

Title (and/or name of the beneficiary)

Modificazioni alla legge regionale n. 84/1993 n. 84: Interventi in favore della ricerca e dello sviluppo

Legal basis

Disegno di legge regionale n. 48 recante modificazioni alla legge regionale 7 dicembre 1993, n. 84 recante «Interventi regionali in favore della ricerca e dello sviluppo»

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Direct grant

Budget

Overall budget: EUR 35 million

Intensity

80 %

Duration (period)

until 31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Regione Val d'Aosta

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/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 18.9.2009 |
| --- | --- |
| Reference number of State Aid | N 504/09 |
| Member State | Greece |
| Region | — |
| Title (and/or name of the beneficiary) | Μέτρα στήριξης για τα πιστωτικά ιδρύματα της Ελλάδας Metra stiriksis gia ta pistwtika idrumata tis Elladas |
| Legal basis | N 3723/08 «Ενίσχυση της ρευστότητας της οικονομίας για την αντιμετώπιση των επιπτώσεων της διεθνούς χρηματοπιστωτικής κρίσης και άλλες διατάξεις»
  N 3723/08 «Enisxisi tis refstotitas tis oikonomias gia tin antimetwpisi twn epiptwsewn tis diethnous xrimatopistwtikis krisis kai alles diatakseis» |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Guarantee, Other forms of equity intervention |
| Budget | Overall budget: EUR 28 000 million |
| Intensity | — |
| Duration (period) | until 31.12.2009 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Υπουργείο Οικονομίας και Οικονομικών |
| Νίκης 5-7 |
| 101 80 Αθήνα |
| ΕΛΛΑΔΑ |

Date of adoption of the decision

18.9.2009

Reference number of State Aid

N 504/09

Member State

Greece

Region

—

Title (and/or name of the beneficiary)

Μέτρα στήριξης για τα πιστωτικά ιδρύματα της Ελλάδας Metra stiriksis gia ta pistwtika idrumata tis Elladas

Legal basis

N 3723/08 «Ενίσχυση της ρευστότητας της οικονομίας για την αντιμετώπιση των επιπτώσεων της διεθνούς χρηματοπιστωτικής κρίσης και άλλες διατάξεις»

N 3723/08 «Enisxisi tis refstotitas tis oikonomias gia tin antimetwpisi twn epiptwsewn tis diethnous xrimatopistwtikis krisis kai alles diatakseis»

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee, Other forms of equity intervention

Budget

Overall budget: EUR 28 000 million

Intensity

—

Duration (period)

until 31.12.2009

Economic sectors

Financial intermediation

Name and address of the granting authority

Υπουργείο Οικονομίας και Οικονομικών

Νίκης 5-7

101 80 Αθήνα

ΕΛΛΑΔΑ

| Ypourgeio Oikonomias kai Oikonomikwn |
| --- |
| Nikis 5-7 |
| 101 80 Athens |
| GREECE |

Ypourgeio Oikonomias kai Oikonomikwn

Nikis 5-7

101 80 Athens

GREECE

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/community_law/state_aids/state_aids_texts_en.htm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 6.11.2009 | EN | Official Journal of the European Union | C 264/7 |
| --- | --- | --- | --- |

6.11.2009

EN

Official Journal of the European Union

C 264/7

---

Euro exchange rates (1)

5 November 2009

2009/C 264/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4867 |
| JPY | Japanese yen | 134,30 |
| DKK | Danish krone | 7,4414 |
| GBP | Pound sterling | 0,89530 |
| SEK | Swedish krona | 10,4402 |
| CHF | Swiss franc | 1,5114 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,4365 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,870 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 275,65 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7090 |
| PLN | Polish zloty | 4,2450 |
| RON | Romanian leu | 4,3016 |
| TRY | Turkish lira | 2,2129 |
| AUD | Australian dollar | 1,6362 |
| CAD | Canadian dollar | 1,5804 |
| HKD | Hong Kong dollar | 11,5219 |
| NZD | New Zealand dollar | 2,0606 |
| SGD | Singapore dollar | 2,0740 |
| KRW | South Korean won | 1 753,90 |
| ZAR | South African rand | 11,2923 |
| CNY | Chinese yuan renminbi | 10,1506 |
| HRK | Croatian kuna | 7,2655 |
| IDR | Indonesian rupiah | 14 136,56 |
| MYR | Malaysian ringgit | 5,0867 |
| PHP | Philippine peso | 70,787 |
| RUB | Russian rouble | 43,2461 |
| THB | Thai baht | 49,693 |
| BRL | Brazilian real | 2,5652 |
| MXN | Mexican peso | 19,7434 |
| INR | Indian rupee | 69,8600 |

Currency

Exchange rate

USD

US dollar

1,4867

JPY

Japanese yen

134,30

DKK

Danish krone

7,4414

GBP

Pound sterling

0,89530

SEK

Swedish krona

10,4402

CHF

Swiss franc

1,5114

ISK

Iceland króna

NOK

Norwegian krone

8,4365

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,870

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

275,65

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7090

PLN

Polish zloty

4,2450

RON

Romanian leu

4,3016

TRY

Turkish lira

2,2129

AUD

Australian dollar

1,6362

CAD

Canadian dollar

1,5804

HKD

Hong Kong dollar

11,5219

NZD

New Zealand dollar

2,0606

SGD

Singapore dollar

2,0740

KRW

South Korean won

1 753,90

ZAR

South African rand

11,2923

CNY

Chinese yuan renminbi

10,1506

HRK

Croatian kuna

7,2655

IDR

Indonesian rupiah

14 136,56

MYR

Malaysian ringgit

5,0867

PHP

Philippine peso

70,787

RUB

Russian rouble

43,2461

THB

Thai baht

49,693

BRL

Brazilian real

2,5652

MXN

Mexican peso

19,7434

INR

Indian rupee

69,8600

---

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

---

| 6.11.2009 | EN | Official Journal of the European Union | C 264/8 |
| --- | --- | --- | --- |

6.11.2009

EN

Official Journal of the European Union

C 264/8

---

Summary of Commission Decision

of 19 December 2007

relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement

(Case COMP/34.579 — MasterCard, Case COMP/36.518 — EuroCommerce, Case COMP/38.580 — Commercial Cards)

(notified under document C(2007) 6474)

(Only the English text is authentic)

(Text with EEA relevance)

2009/C 264/04

On 19 December 2007, the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (the Decision). In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the Decision, having regard to the legitimate interest of undertakings in the protection of their business interests. A non-confidential version of the Decision is available on the Directorate-General for Competition’s website at the following address:

http://europa.eu.int/comm/competition/antitrust/cases/index/

1.   INTRODUCTION

| (1) | The Decision finds that the MasterCard payment organisation and the entities representing it, that is MasterCard Incorporated, MasterCard International Incorporated and MasterCard Europe SPRL, have infringed Article 81 of the Treaty and Article 53 of the EEA Agreement by in effect setting a minimum price merchants must pay to their acquiring bank for accepting payment cards in the European Economic Area, by means of the Intra-EEA fallback interchange fees for MasterCard branded consumer credit and charge cards and for MasterCard or Maestro branded debit cards. |
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(1)

The Decision finds that the MasterCard payment organisation and the entities representing it, that is MasterCard Incorporated, MasterCard International Incorporated and MasterCard Europe SPRL, have infringed Article 81 of the Treaty and Article 53 of the EEA Agreement by in effect setting a minimum price merchants must pay to their acquiring bank for accepting payment cards in the European Economic Area, by means of the Intra-EEA fallback interchange fees for MasterCard branded consumer credit and charge cards and for MasterCard or Maestro branded debit cards.

2.   CASE DESCRIPTION

2.1.   The proceedings

| (2) | The procedure was initiated on the basis of a complaint submitted on 30 March 1992 by the British Retail Consortium (BRC), a trade association representing UK retailers. In its complaint the BRC alleged that each of Europay International SA and Visa restricted competition by its arrangements on cross-border interchange fees. |
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(2)

The procedure was initiated on the basis of a complaint submitted on 30 March 1992 by the British Retail Consortium (BRC), a trade association representing UK retailers. In its complaint the BRC alleged that each of Europay International SA and Visa restricted competition by its arrangements on cross-border interchange fees.

| (3) | The BRC complaint was withdrawn when a similar complaint was filed by EuroCommerce, a retail, wholesale and international trade representation in the European Union, on 23 May 1997. This complaint addresses certain practices and rules of MasterCard and Visa, in particular multilaterally agreed interchange fees. |
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(3)

The BRC complaint was withdrawn when a similar complaint was filed by EuroCommerce, a retail, wholesale and international trade representation in the European Union, on 23 May 1997. This complaint addresses certain practices and rules of MasterCard and Visa, in particular multilaterally agreed interchange fees.

| (4) | In the time between 22 May 1992 and 1 July 1995 Europay notified the network rules of the Europay payment card association including those on multilateral interchange fees. |
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(4)

In the time between 22 May 1992 and 1 July 1995 Europay notified the network rules of the Europay payment card association including those on multilateral interchange fees.

| (5) | On 22 November 2002 the Commission opened an ex-officio investigation regarding Visa’s and MasterCard’s respective intra-EEA interchange fees for commercial cards. |
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(5)

On 22 November 2002 the Commission opened an ex-officio investigation regarding Visa’s and MasterCard’s respective intra-EEA interchange fees for commercial cards.

| (6) | On 25 July 2003 MasterCard informed the Commission of its intention to initiate proceedings under Article 232 of the EC Treaty (failure to act) unless the Commission took a formal position with respect to MasterCard’s intra-EEA interchange fees. |
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(6)

On 25 July 2003 MasterCard informed the Commission of its intention to initiate proceedings under Article 232 of the EC Treaty (failure to act) unless the Commission took a formal position with respect to MasterCard’s intra-EEA interchange fees.

| (7) | On 24 September 2003 and 21 June 2006 the Commission sent two Statements of Objections to MasterCard Europe SPRL, the legal successor of Europay, as well as to MasterCard International Inc. and MasterCard Incorporated addressing the organisation’s network rules and decisions on intra-EEA interchange fees. |
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(7)

On 24 September 2003 and 21 June 2006 the Commission sent two Statements of Objections to MasterCard Europe SPRL, the legal successor of Europay, as well as to MasterCard International Inc. and MasterCard Incorporated addressing the organisation’s network rules and decisions on intra-EEA interchange fees.

| (8) | On 14 and 15 November 2006 MasterCard exercised its right to be heard in an oral hearing. The hearing was also attended by EuroCommerce and nine third parties. |
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(8)

On 14 and 15 November 2006 MasterCard exercised its right to be heard in an oral hearing. The hearing was also attended by EuroCommerce and nine third parties.

| (9) | On 23 March 2007 the Commission sent a letter to MasterCard (letter of facts) providing MasterCard with access to documents collected since MasterCard had access to the file in July and August 2006 and setting out possible conclusions the Commission intended to draw from the new facts in the Decision. |
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(9)

On 23 March 2007 the Commission sent a letter to MasterCard (letter of facts) providing MasterCard with access to documents collected since MasterCard had access to the file in July and August 2006 and setting out possible conclusions the Commission intended to draw from the new facts in the Decision.

| (10) | On 13 December 2007 the Advisory Committee gave a favourable opinion on the draft Commission Decision. |
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(10)

On 13 December 2007 the Advisory Committee gave a favourable opinion on the draft Commission Decision.

2.2.   The facts

| (11) | MasterCard operates an international ‘open’ or ‘four-party’ point of sales (POS) payment system. MasterCard’s payment cards system enables consumers to use plastic cards for payment transactions at POS, which is — most often — a payment terminal in a merchant outlet. Such a system involves five main groups of players: (i) cardholders; (ii) merchants; (iii) the scheme owner (here: MasterCard); (iv) card issuing banks; and (v) acquiring banks. Issuers issue cards to cardholders and acquirers recruit merchants for payment card acceptance. |
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(11)

MasterCard operates an international ‘open’ or ‘four-party’ point of sales (POS) payment system. MasterCard’s payment cards system enables consumers to use plastic cards for payment transactions at POS, which is — most often — a payment terminal in a merchant outlet. Such a system involves five main groups of players: (i) cardholders; (ii) merchants; (iii) the scheme owner (here: MasterCard); (iv) card issuing banks; and (v) acquiring banks. Issuers issue cards to cardholders and acquirers recruit merchants for payment card acceptance.

| (12) | The Decision deals with MasterCard’s network rules and decisions of its member bank delegates and the organisation’s management on Intra-EEA fallback interchange fees and SEPA fallback interchange fees. These multilateral interchange fees (MIFs) are retained for each payment card transaction. Under the MasterCard organisation’s network rules the acquiring banks pay interchange fees to the issuing banks. When the cardholder uses his or her card to buy from the merchant, the merchant receives from the acquiring bank the retail price less a merchant service charge. The issuing bank pays the acquiring bank the retail price minus an interchange fee. In addition to the interchange fee from the acquiring bank, the issuing bank receives from the customer the value of the payment plus any annual fee, any interest payment on debt outstanding, late payment fees, etc. |
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(12)

The Decision deals with MasterCard’s network rules and decisions of its member bank delegates and the organisation’s management on Intra-EEA fallback interchange fees and SEPA fallback interchange fees. These multilateral interchange fees (MIFs) are retained for each payment card transaction. Under the MasterCard organisation’s network rules the acquiring banks pay interchange fees to the issuing banks. When the cardholder uses his or her card to buy from the merchant, the merchant receives from the acquiring bank the retail price less a merchant service charge. The issuing bank pays the acquiring bank the retail price minus an interchange fee. In addition to the interchange fee from the acquiring bank, the issuing bank receives from the customer the value of the payment plus any annual fee, any interest payment on debt outstanding, late payment fees, etc.

| (13) | Intra-EEA fallback interchange fees and SEPA fallback interchange fees apply to cross-border card payments in the European Economic Area (EEA) and domestic card payments within several Member States of the EEA with MasterCard or Maestro branded payment cards. The fees are ‘fallback’ fees in the sense that they are only charged in the absence of specific bilateral agreements between an issuing and an acquiring bank on interchange fees. |
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(13)

Intra-EEA fallback interchange fees and SEPA fallback interchange fees apply to cross-border card payments in the European Economic Area (EEA) and domestic card payments within several Member States of the EEA with MasterCard or Maestro branded payment cards. The fees are ‘fallback’ fees in the sense that they are only charged in the absence of specific bilateral agreements between an issuing and an acquiring bank on interchange fees.

3.   LEGAL ASSESSMENT

Article 81(1) of the Treaty

| (14) | The MIF in MasterCard’s scheme restricts competition between acquiring banks by inflating the base on which acquiring banks set charges to merchants and thereby setting a floor under the merchant fee. In the absence of the multilateral interchange fee the merchant fees set by acquiring banks would be lower. |
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(14)

The MIF in MasterCard’s scheme restricts competition between acquiring banks by inflating the base on which acquiring banks set charges to merchants and thereby setting a floor under the merchant fee. In the absence of the multilateral interchange fee the merchant fees set by acquiring banks would be lower.

| (15) | The MasterCard’s European Board (...) (2) and/or the Global Board (...) (2) decisions on the level and structure of Intra-EEA fallback interchange fees and the related network rules adopted by the Global Board of MasterCard International Inc. are decisions of an association of undertakings within the meaning of Article 81(1) of the Treaty. They remain decisions of an association also after the Initial Public Offering (IPO) of MasterCard Incorporated on 25 May 2006 and the related changes in the governance of the payment organisation in Europe with regard to the authority for setting the level of multilateral fallback interchange fees. The member banks of the MasterCard payment organisation agreed to the IPO and the ensuing changes in the organisation’s governance in order to perpetuate the MIF as part of the business model in a form which they perceived to be less exposed to antitrust scrutiny. Even after the IPO of MasterCard Incorporated interchange fees in the MasterCard organisation are not ‘unilaterally imposed’. MasterCard’s member banks still share a common interest as regards the MIF because it yields guaranteed revenues for their issuing business. There is thus a continuing commonality of the banks’ interests in a MIF after the IPO which is also reflected in the setting of interchange fee rates by MasterCard (...) (2). In setting interchange fee rates the Global Board cannot ignore the commercial interests of the banks without whom the system would not function, because it yields guaranteed revenues for their issuing business. |
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(15)

The MasterCard’s European Board (...) (2) and/or the Global Board (...) (2) decisions on the level and structure of Intra-EEA fallback interchange fees and the related network rules adopted by the Global Board of MasterCard International Inc. are decisions of an association of undertakings within the meaning of Article 81(1) of the Treaty. They remain decisions of an association also after the Initial Public Offering (IPO) of MasterCard Incorporated on 25 May 2006 and the related changes in the governance of the payment organisation in Europe with regard to the authority for setting the level of multilateral fallback interchange fees. The member banks of the MasterCard payment organisation agreed to the IPO and the ensuing changes in the organisation’s governance in order to perpetuate the MIF as part of the business model in a form which they perceived to be less exposed to antitrust scrutiny. Even after the IPO of MasterCard Incorporated interchange fees in the MasterCard organisation are not ‘unilaterally imposed’. MasterCard’s member banks still share a common interest as regards the MIF because it yields guaranteed revenues for their issuing business. There is thus a continuing commonality of the banks’ interests in a MIF after the IPO which is also reflected in the setting of interchange fee rates by MasterCard (...) (2). In setting interchange fee rates the Global Board cannot ignore the commercial interests of the banks without whom the system would not function, because it yields guaranteed revenues for their issuing business.

| (16) | An open payment card scheme such as MasterCard’s can operate without a MIF as is evidenced by the existence of comparable open payment card schemes without a MIF. |
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(16)

An open payment card scheme such as MasterCard’s can operate without a MIF as is evidenced by the existence of comparable open payment card schemes without a MIF.

Article 81(3) of the Treaty

| (17) | The conditions set out in Article 81(3) EC for an exemption from the prohibition of Article 81(1) EC are not fulfilled. |
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(17)

The conditions set out in Article 81(3) EC for an exemption from the prohibition of Article 81(1) EC are not fulfilled.

| (18) | In relation to the first condition of Article 81(3) (contribution to technical or economic progress), MasterCard has failed to demonstrate a causal link between its MIF and objective efficiencies. MasterCard alleges that the central efficiency of its MIF is to help the scheme to maximise system output by balancing cardholder and merchant demands. |
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(18)

In relation to the first condition of Article 81(3) (contribution to technical or economic progress), MasterCard has failed to demonstrate a causal link between its MIF and objective efficiencies. MasterCard alleges that the central efficiency of its MIF is to help the scheme to maximise system output by balancing cardholder and merchant demands.

| (19) | The Commission does not dispute in general that payment systems are characterised by indirect network externalities and that in theory a revenue transfer between issuing and acquiring banks may help optimise the utility of the network to its users. However, whether a collectively fixed interchange fee should flow from acquirers to issuers or vice versa, and at which level it should be set cannot be determined in a general manner by economic theory alone, as theories always rely on assumptions that may not sufficiently reflect market reality. Rather, any claim that a MIF creates efficiencies within the first condition of Article 81(3) of the Treaty must be founded on a detailed, robust and compelling analysis that relies in its assumptions and deductions on empirical data and facts. MasterCard in particular failed to provide empirical evidence for its central claim that the MIF maximises the scheme’s ‘output’ and for a causal link to other objective efficiencies claimed. It was therefore not established that the restrictive effects of the MIF in the acquiring markets are duly offset by objective efficiencies. Despite repeated requests by the Commission MasterCard failed to submit any empirical evidence on the positive effects of its MIF on system output and related efficiencies. |
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(19)

The Commission does not dispute in general that payment systems are characterised by indirect network externalities and that in theory a revenue transfer between issuing and acquiring banks may help optimise the utility of the network to its users. However, whether a collectively fixed interchange fee should flow from acquirers to issuers or vice versa, and at which level it should be set cannot be determined in a general manner by economic theory alone, as theories always rely on assumptions that may not sufficiently reflect market reality. Rather, any claim that a MIF creates efficiencies within the first condition of Article 81(3) of the Treaty must be founded on a detailed, robust and compelling analysis that relies in its assumptions and deductions on empirical data and facts. MasterCard in particular failed to provide empirical evidence for its central claim that the MIF maximises the scheme’s ‘output’ and for a causal link to other objective efficiencies claimed. It was therefore not established that the restrictive effects of the MIF in the acquiring markets are duly offset by objective efficiencies. Despite repeated requests by the Commission MasterCard failed to submit any empirical evidence on the positive effects of its MIF on system output and related efficiencies.

| (20) | The Commission does not share MasterCard’s view that the competitive process and market forces automatically lead to a MIF that can safely be assumed to be efficiency enhancing. Neither the forces of inter-system competition nor acquiring banks or merchants exert sufficient constraints on the body in charge of setting the MIF in the MasterCard organisation. |
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(20)

The Commission does not share MasterCard’s view that the competitive process and market forces automatically lead to a MIF that can safely be assumed to be efficiency enhancing. Neither the forces of inter-system competition nor acquiring banks or merchants exert sufficient constraints on the body in charge of setting the MIF in the MasterCard organisation.

| (21) | The specific framework underlying MasterCard’s MIF is a model written by William Baxter in 1983. This model is, however, severely limited by the fact that it takes consumer and merchant demand as given in that neither strategically reacts to possible actions by the other. The Baxter model also relies on the unrealistic assumption that there is no variation in the benefits that merchants perceive from accepting cards, in other words it regards merchants as homogeneous. Baxter’s result finally relies on the unrealistic assumption of a perfectly competitive banking industry. |
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(21)

The specific framework underlying MasterCard’s MIF is a model written by William Baxter in 1983. This model is, however, severely limited by the fact that it takes consumer and merchant demand as given in that neither strategically reacts to possible actions by the other. The Baxter model also relies on the unrealistic assumption that there is no variation in the benefits that merchants perceive from accepting cards, in other words it regards merchants as homogeneous. Baxter’s result finally relies on the unrealistic assumption of a perfectly competitive banking industry.

| (22) | Moreover, the methodologies used by MasterCard for implementing this framework in practise are unconvincing as they do not sufficiently reflect the underlying theory. The methodologies suffer from considerable shortcomings as they establish an imbalance between card issuing and merchants acquiring solely on the basis of cost considerations while omitting to consider the banks’ revenues, as well. Moreover, contrary to the merchant demand analysis, MasterCard does not even attempt to quantify the willingness to pay of cardholders and simply assumes the relative unwillingness of this customer group to pay for the convenience of using payment cards. There are also doubts as to the usefulness of MasterCard’s proxy for quantifying the willingness to pay of merchants in the credit card segment. |
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(22)

Moreover, the methodologies used by MasterCard for implementing this framework in practise are unconvincing as they do not sufficiently reflect the underlying theory. The methodologies suffer from considerable shortcomings as they establish an imbalance between card issuing and merchants acquiring solely on the basis of cost considerations while omitting to consider the banks’ revenues, as well. Moreover, contrary to the merchant demand analysis, MasterCard does not even attempt to quantify the willingness to pay of cardholders and simply assumes the relative unwillingness of this customer group to pay for the convenience of using payment cards. There are also doubts as to the usefulness of MasterCard’s proxy for quantifying the willingness to pay of merchants in the credit card segment.

| (23) | Under the second condition of Article 81(3) of the Treaty consumers (that is merchants and their subsequent purchasers) must get a fair share of the benefits which result from the efficiencies of a MIF. While merchants may benefit through enhanced network effects from the issuing side, this does not necessarily offset their losses which result from paying inflated merchant fees. The Commission has therefore reviewed MasterCard’s methodology for setting an upper limit to its interchange fee rates. However, MasterCard’s cost based benchmarks include cost items that are neither intrinsic in the payment functionality of a card nor related to services that clearly benefit the customers that bear the expenses of this MIF. Without further evidence, which MasterCard failed to submit, it cannot therefore safely be assumed that by maximising system output MasterCard is equally benefiting its member banks’ customers. MasterCard failed to demonstrate that efficiencies outweigh restrictions to merchants (as well as subsequent purchasers). |
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(23)

Under the second condition of Article 81(3) of the Treaty consumers (that is merchants and their subsequent purchasers) must get a fair share of the benefits which result from the efficiencies of a MIF. While merchants may benefit through enhanced network effects from the issuing side, this does not necessarily offset their losses which result from paying inflated merchant fees. The Commission has therefore reviewed MasterCard’s methodology for setting an upper limit to its interchange fee rates. However, MasterCard’s cost based benchmarks include cost items that are neither intrinsic in the payment functionality of a card nor related to services that clearly benefit the customers that bear the expenses of this MIF. Without further evidence, which MasterCard failed to submit, it cannot therefore safely be assumed that by maximising system output MasterCard is equally benefiting its member banks’ customers. MasterCard failed to demonstrate that efficiencies outweigh restrictions to merchants (as well as subsequent purchasers).

| (24) | As to the third condition of Article 81(3) of the Treaty MasterCard has not proven to the requisite standard that its current MIF is indispensable to maximise system output. |
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(24)

As to the third condition of Article 81(3) of the Treaty MasterCard has not proven to the requisite standard that its current MIF is indispensable to maximise system output.

| (25) | Due to unrealistic assumptions underlying the conceptual underpinnings of MasterCard’s MIF, due to the lack of evidence for a causal link between this MIF and objective efficiencies claimed and due to the fact that MasterCard’s methodologies do not sufficiently reflect the underlying framework and operate with inflated cost benchmarks, the Commission concludes that such MIF does not fulfil the first three conditions of Article 81(3) of the Treaty. |
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(25)

Due to unrealistic assumptions underlying the conceptual underpinnings of MasterCard’s MIF, due to the lack of evidence for a causal link between this MIF and objective efficiencies claimed and due to the fact that MasterCard’s methodologies do not sufficiently reflect the underlying framework and operate with inflated cost benchmarks, the Commission concludes that such MIF does not fulfil the first three conditions of Article 81(3) of the Treaty.

4.   REMEDY

| (26) | As MasterCard’s MIF restricts price competition between acquiring banks without fulfilling the first three conditions of Article 81(3) of the Treaty, the MasterCard payment organisation and the legal entities representing it are obliged to bring the infringement to an end within 6 months after notification of the Commission Decision by repealing the Intra-EEA fallback interchange fees, as well as the SEPA/Intra-Eurozone fallback interchange fees. |
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(26)

As MasterCard’s MIF restricts price competition between acquiring banks without fulfilling the first three conditions of Article 81(3) of the Treaty, the MasterCard payment organisation and the legal entities representing it are obliged to bring the infringement to an end within 6 months after notification of the Commission Decision by repealing the Intra-EEA fallback interchange fees, as well as the SEPA/Intra-Eurozone fallback interchange fees.

| (27) | The remedy does not apply to MasterCard’s MIF for commercial cards, a segment that the Commission will further investigate. |
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(27)

The remedy does not apply to MasterCard’s MIF for commercial cards, a segment that the Commission will further investigate.

5.   FINES AND PERIODIC PENALTY PAYMENTS

| (28) | As MasterCard’s MIF was notified to the Commission and given the specific circumstances of the present case, no fine is imposed. |
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(28)

As MasterCard’s MIF was notified to the Commission and given the specific circumstances of the present case, no fine is imposed.

| (29) | If MasterCard fails to comply with the remedy after the 6-month transition period lapses, the Commission imposes provisional periodic penalty payments of 3,5 % of MasterCard Incorporated’s daily consolidated global turnover in the preceding business year according to Article 24(1)(a) of Regulation (EC) No 1/2003. |
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(29)

If MasterCard fails to comply with the remedy after the 6-month transition period lapses, the Commission imposes provisional periodic penalty payments of 3,5 % of MasterCard Incorporated’s daily consolidated global turnover in the preceding business year according to Article 24(1)(a) of Regulation (EC) No 1/2003.

6.   DECISION

| (30) | From 22 May 1992 until 19 December 2007 the MasterCard payment organisation and the legal entities representing it (MasterCard Incorporated, MasterCard International Incorporated and MasterCard Europe SPRL) have infringed Article 81 of the Treaty and, from 1 January 1994 until 19 December 2007, Article 53 of the EEA Agreement by in effect setting a minimum price merchants must pay to their acquiring bank for accepting payment cards in the European Economic Area, by means of the Intra-EEA fallback interchange fees for MasterCard branded consumer credit and charge cards and for MasterCard or Maestro branded debit cards. |
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(30)

From 22 May 1992 until 19 December 2007 the MasterCard payment organisation and the legal entities representing it (MasterCard Incorporated, MasterCard International Incorporated and MasterCard Europe SPRL) have infringed Article 81 of the Treaty and, from 1 January 1994 until 19 December 2007, Article 53 of the EEA Agreement by in effect setting a minimum price merchants must pay to their acquiring bank for accepting payment cards in the European Economic Area, by means of the Intra-EEA fallback interchange fees for MasterCard branded consumer credit and charge cards and for MasterCard or Maestro branded debit cards.

| (31) | The MasterCard payment organisation and the legal entities representing it shall bring to an end the infringement by formally repealing its intra-EEA and SEPA/intra-Eurozone fallback interchange fees within 6 months upon notification of the Decision. They shall moreover modify the association’s network rules to reflect the Commission Decision. They shall repeal all decisions taken by MasterCard’s European Board and/or by MasterCard’s Global Board (...) (2) on Intra-EEA fallback interchange fees on SEPA fallback interchange fees and on Intra-Eurozone fallback interchange fees. |
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(31)

The MasterCard payment organisation and the legal entities representing it shall bring to an end the infringement by formally repealing its intra-EEA and SEPA/intra-Eurozone fallback interchange fees within 6 months upon notification of the Decision. They shall moreover modify the association’s network rules to reflect the Commission Decision. They shall repeal all decisions taken by MasterCard’s European Board and/or by MasterCard’s Global Board (...) (2) on Intra-EEA fallback interchange fees on SEPA fallback interchange fees and on Intra-Eurozone fallback interchange fees.

| (32) | The MasterCard payment organisation and the legal entities representing it shall refrain from repeating the infringement through any act or conduct having the same or equivalent object or effect. They shall in particular refrain from implementing the SEPA/the Intra-Eurozone fallback interchange fees. |
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(32)

The MasterCard payment organisation and the legal entities representing it shall refrain from repeating the infringement through any act or conduct having the same or equivalent object or effect. They shall in particular refrain from implementing the SEPA/the Intra-Eurozone fallback interchange fees.

| (33) | Within 6 months after notification of this Decision the legal entities representing the MasterCard payment organisation shall communicate all changes of the association’s network rules and the repeal of decisions to all financial institutions holding a license for issuing and/or acquiring in the MasterCard payment organisation in the European Economic Area and to all clearing houses and settlement banks which clear and/or settle POS payment card transactions in the MasterCard payment organisation in the European Economic Area. |
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(33)

Within 6 months after notification of this Decision the legal entities representing the MasterCard payment organisation shall communicate all changes of the association’s network rules and the repeal of decisions to all financial institutions holding a license for issuing and/or acquiring in the MasterCard payment organisation in the European Economic Area and to all clearing houses and settlement banks which clear and/or settle POS payment card transactions in the MasterCard payment organisation in the European Economic Area.

| (34) | If the legal entities representing the MasterCard payment organisation fail to comply with any of the orders set out in the Decision, the Decision imposes a daily penalty payment on the legal entities representing the MasterCard payment organisation of 3,5 % of MasterCard Incorporated’s daily consolidated global turnover in the preceding business year according to Article 24(1)(a) of Regulation (EC) No 1/2003. This penalty will be calculated as from the first day after the infringed order takes effect. |
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(34)

If the legal entities representing the MasterCard payment organisation fail to comply with any of the orders set out in the Decision, the Decision imposes a daily penalty payment on the legal entities representing the MasterCard payment organisation of 3,5 % of MasterCard Incorporated’s daily consolidated global turnover in the preceding business year according to Article 24(1)(a) of Regulation (EC) No 1/2003. This penalty will be calculated as from the first day after the infringed order takes effect.

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

(2)  Business secret — information pertaining to MasterCard’s interchange fee rules and procedure for determining the level of the interchange fee.

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| 6.11.2009 | EN | Official Journal of the European Union | C 264/12 |
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6.11.2009

EN

Official Journal of the European Union

C 264/12

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Final Report of the Hearing Officer in Cases COMP/34.579 MasterCard, COMP/36.518 EuroCommerce, COMP/38.580 Commercial Cards; collectively ‘MasterCard’

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

2009/C 264/05

The draft Decision in this case gives rise to the following observations:

The case results from investigations under Article 81 of the EC Treaty. It had its origins in a notification by the legal predecessors of MasterCard Europe SPRL (COMP/34.579), a complaint submitted to the Commission by EuroCommerce in 1997 (COMP/36.518) and an ex officio investigation into the multilateral interchange fees (MIF) for the commercial cards of VISA and MasterCard (COMP/38.580), which was opened on 22 November 2002.

Statement of Objections and reply time

The first Statement of Objections (SO) in the case was sent to MasterCard Europe SPRL, MasterCard Incorporated and MasterCard International Incorporated (MasterCard) (1) on 24 September 2003, after MasterCard informed the Commission on 25 July 2003 of its intention to initiate proceedings under Article 232 of the EC Treaty unless the Commission took a formal position with respect to MasterCard’s intra-EEA interchange fees. At that time the parties replied to the SO in writing, on 5 January 2004, and did not request to be heard orally. In the course of the proceedings, I admitted VISA International on 23 October 2003 as a third party with a sufficient interest to be heard within the meaning of Article 9 of Commission Regulation (EC) No 2842/98 on the hearing of parties in certain competition proceedings.

Supplementary Statement of Objections and reply time

On 21 June 2006, the Commission sent a Supplementary Statement of Objections (SSO) to MasterCard Europe, again addressing the association’s network rules and decisions on intra-European interchange fees. This SSO complemented the preceding Statement of Objections of 24 September 2003 with a more profound analysis of the restrictive effects of MasterCard’s intra-EEA interchange fees on competition.

Its purpose was in particular to set out the Commission’s analysis of the results of its detailed empirical investigation of MasterCard’s intra-European interchange fees (MIF) and the Honour All Cards Rule (HACR) (2) since 24 September 2003 and to call upon MasterCard to abolish the MIF and to limit the scope of the HACR.

MasterCard replied to the SSO on time, by 15 October 2006.

Access to file

After issuance of the SSO, on 3 and 4 July 2006, MasterCard exercised its right of access to the file by copying the paper file. On 22 August 2006 MasterCard was again provided access to the paper file upon requests of its counsel, who had not copied some parts of the file on 3 and 4 July.

MasterCard claimed, up to and including at the oral hearing, that the Commission had failed to provide immediate and full access to the file. With regard to access to file issues, although I was copied on some MasterCard correspondence with the case team, MasterCard never directly addressed a request for action with regard to access to file issues to the Hearing Officer, although it had sufficient opportunity to do so.

Admission of third parties

Many requests from third parties to be admitted to the proceedings were received in advance of the oral hearing.

In addition to VISA, I admitted 14 entities as third parties with a sufficient interest to be heard within the meaning of Article 13(1) of Regulation (EC) No 773/2004: The Royal Bank of Scotland, Airplus, three Spanish payment card systems (Servired SC, Sistema 4B SA, Euro 6000 SA), the British Retail Consortium (BRT), a Belgian retail chain (Kappé International BV), British Petrolium (BP), the European Retail Roundtable (ERRT), Hotels, Restaurants and Cafés in Europe (Hotrec), an Austrian association of hotels (ÖHV), the International Air Transport Association (IATA), Royal AHOLD, IKEA.

VISA, Airplus, ÖHV, Hotrec, IATA and the Royal Bank of Scotland submitted written comments.

Oral hearing

The oral hearing was held on 14 and 15 November 2006, and was attended by MasterCard, the complainant (EuroCommerce), and nine third parties.

Six months after the oral hearing, on 24 May 2007, MasterCard wrote to me regarding the ‘seemingly late and selective dispatch’ of MasterCard’s response to the SSO to the Member State representatives prior to the hearing.

MasterCard pointed out that its response to the SSO had been sent on 15 October 2006, while the Commission did not forward the response to the national authorities of the Member States (NCAs) until Friday, 10 November 2006, only a few days before the hearing. According to MasterCard, this late dispatch prevented the Member State representatives from being able fully to understand MasterCard’s arguments in advance of the hearing, alleging a breach of MasterCard’s legitimate expectations and right to be heard.

Starting from the premise that, in principle, cooperation by the Commission with NCAs is a purely internal matter, I nevertheless informed MasterCard that no NCAs had complained at the time or subsequently about not having been fully informed. Member State representatives attended the hearing and had the opportunity to ask questions. There was no indication that the obligation of the Commission to ensure that the Advisory Committee that precedes the adoption of the final decision can deliver its opinion on the case in full knowledge of the facts has been violated.

In my view MasterCard’s procedural rights in this respect, including its right to be heard by the Commission, were not violated.

Letter of facts

On 23 March 2007 the Commission sent a letter to MasterCard (letter of facts) providing MasterCard with access to documents collected since MasterCard had access to the file in July and August 2006 and setting out possible conclusions the Commission intended to draw from the new facts in a decision.

MasterCard wrote to me on 17 April 2007, arguing that the Commission should have issued a new SSO instead of a letter of facts, and claiming that the letter of facts contained new legal arguments and essential facts not contained in the SSO of 20 June 2006. I replied to MasterCard on 4 May 2007 that while it is correct that the letter of facts complemented the Commission’s previous fact finding on the qualification of MasterCard as an association of undertakings and further assessed the legal implications of the IPO, in my view the letter of facts did not materially alter the evidence for the contested infringement.

On 16 and 22 May 2007 MasterCard replied to the letter of facts.

Confidential information

On 2 May 2007, I received a letter by counsel to MasterCard, seeking guidance on matters relating to the disclosure of confidential information and business secrets.

Upon examination, it was found that the Commission had disclosed certain specific information which, taken together with other parts of the file and information potentially available to MasterCard itself, created an evident risk that confidential data, provided by third parties upon a request for information, might theoretically be computed by MasterCard.

By letter of 10 May 2007, the Commission services asked both MasterCard and MasterCard’s counsel to take the necessary steps with a view to remedy the situation. The information providers concerned were informed by the Directorate-General for Competition on 30 November 2007.

The draft Decision

The draft Decision submitted to the Commission only contains objections in respect of which the parties have been afforded the opportunity of making known their views.

I conclude that the rights of the parties to be heard have been respected in the present case.

Done at Brussels, 14 December 2007.

Karen WILLIAMS

---

(1)  For a detailed description of the corporate structure of MasterCard, before and after the Initial Public Offering (IPO) of May 2006, I refer to the Decision, paragraph 40 to 99.

1

(2)  On the functionalities of the Honour All Cards Rule cf. Decision, paragraph 195.

2

---

| 6.11.2009 | EN | Official Journal of the European Union | C 264/15 |
| --- | --- | --- | --- |

6.11.2009

EN

Official Journal of the European Union

C 264/15

---

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS

Rates for conversion of currencies pursuant to Council Regulation (EEC) No 574/72

2009/C 264/06

Article 107(1), (2) and (4) of Regulation (EEC) No 574/72

Reference period: October 2009

Application period: January, February and March 2010

| 10-2009 | EUR | BGN | CZK | DKK | EEK | LVL | LTL | HUF | PLN |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1 EUR = | 1 | 1,95580 | 25,8612 | 7,44385 | 15,6466 | 0,708814 | 3,45280 | 268,485 | 4,21461 |
| 1 BGN = | 0,511300 | 1 | 13,2228 | 3,80604 | 8,00010 | 0,362416 | 1,76542 | 137,276 | 2,15493 |
| 1 CZK = | 0,038668 | 0,0756269 | 1 | 0,287839 | 0,605023 | 0,0274084 | 0,133513 | 10,3818 | 0,162971 |
| 1 DKK = | 0,134339 | 0,262741 | 3,47417 | 1 | 2,10195 | 0,0952214 | 0,463846 | 36,0681 | 0,566188 |
| 1 EEK = | 0,0639116 | 0,124998 | 1,65283 | 0,475748 | 1 | 0,0453014 | 0,220674 | 17,1593 | 0,269363 |
| 1 LVL = | 1,41081 | 2,75926 | 36,4852 | 10,5018 | 22,0743 | 1 | 4,87124 | 378,781 | 5,94601 |
| 1 LTL = | 0,289620 | 0,566439 | 7,48992 | 2,15589 | 4,,53157 | 0,205287 | 1 | 77,7586 | 1,22064 |
| 1 HUF = | 0,00372460 | 0,00728458 | 0,0963226 | 0,0277254 | 0,0582774 | 0,00264005 | 0,0128603 | 1 | 0,0156978 |
| 1 PLN = | 0,237270 | 0,464052 | 6,13607 | 1,76620 | 3,71246 | 0,168180 | 0,819245 | 63,7033 | 1 |
| 1 RON = | 0,233257 | 0,456205 | 6,03231 | 1,73633 | 3,64969 | 0,165336 | 0,805391 | 62,6261 | 0,983090 |
| 1 SEK = | 0,0969910 | 0,189695 | 2,50830 | 0,721986 | 1,51758 | 0,0687485 | 0,334890 | 26,0406 | 0,408780 |
| 1 GBP = | 1,09222 | 2,13617 | 28,2461 | 8,13032 | 17,0895 | 0,774181 | 3,77122 | 293,245 | 4,60329 |
| 1 NOK = | 0,119623 | 0,233959 | 3,09360 | 0,890457 | 1,87170 | 0,0847906 | 0,413035 | 32,1170 | 0,504166 |
| 1 ISK = | 0,00544390 | 0,0106472 | 0,140786 | 0,0405236 | 0,0851785 | 0,00385871 | 0,0187967 | 1,46161 | 0,0229439 |
| 1 CHF = | 0,660575 | 1,29195 | 17,0833 | 4,91722 | 10,3358 | 0,468225 | 2,28083 | 177,355 | 2,78407 |

10-2009

EUR

BGN

CZK

DKK

EEK

LVL

LTL

HUF

PLN

1 EUR =

1

1,95580

25,8612

7,44385

15,6466

0,708814

3,45280

268,485

4,21461

1 BGN =

0,511300

1

13,2228

3,80604

8,00010

0,362416

1,76542

137,276

2,15493

1 CZK =

0,038668

0,0756269

1

0,287839

0,605023

0,0274084

0,133513

10,3818

0,162971

1 DKK =

0,134339

0,262741

3,47417

1

2,10195

0,0952214

0,463846

36,0681

0,566188

1 EEK =

0,0639116

0,124998

1,65283

0,475748

1

0,0453014

0,220674

17,1593

0,269363

1 LVL =

1,41081

2,75926

36,4852

10,5018

22,0743

1

4,87124

378,781

5,94601

1 LTL =

0,289620

0,566439

7,48992

2,15589

4,,53157

0,205287

1

77,7586

1,22064

1 HUF =

0,00372460

0,00728458

0,0963226

0,0277254

0,0582774

0,00264005

0,0128603

1

0,0156978

1 PLN =

0,237270

0,464052

6,13607

1,76620

3,71246

0,168180

0,819245

63,7033

1

1 RON =

0,233257

0,456205

6,03231

1,73633

3,64969

0,165336

0,805391

62,6261

0,983090

1 SEK =

0,0969910

0,189695

2,50830

0,721986

1,51758

0,0687485

0,334890

26,0406

0,408780

1 GBP =

1,09222

2,13617

28,2461

8,13032

17,0895

0,774181

3,77122

293,245

4,60329

1 NOK =

0,119623

0,233959

3,09360

0,890457

1,87170

0,0847906

0,413035

32,1170

0,504166

1 ISK =

0,00544390

0,0106472

0,140786

0,0405236

0,0851785

0,00385871

0,0187967

1,46161

0,0229439

1 CHF =

0,660575

1,29195

17,0833

4,91722

10,3358

0,468225

2,28083

177,355

2,78407

| 10-2009 | RON | SEK | GBP | NOK | ISK | CHF |
| --- | --- | --- | --- | --- | --- | --- |
| 1 EUR = | 4,28711 | 10,3102 | 0,915566 | 8,35958 | 183,692 | 1,51383 |
| 1 BGN = | 2,19200 | 5,27162 | 0,468129 | 4,27425 | 93,9216 | 0,774022 |
| 1 CZK = | 0,165774 | 0,398676 | 0,0354031 | 0,323248 | 7,10299 | 0,0585368 |
| 1 DKK = | 0,575927 | 1,38507 | 0,122996 | 1,12302 | 24,6770 | 0,203367 |
| 1 EEK = | 0,273996 | 0,658944 | 0,0585153 | 0,534275 | 11,7400 | 0,0967515 |
| 1 LVL = | 6,04829 | 14,5458 | 1,29169 | 11,7938 | 259,154 | 2,13573 |
| 1 LTL = | 1,24163 | 2,98605 | 0,265166 | 2,42110 | 53,2008 | 0,438436 |
| 1 HUF = | 0,0159678 | 0,0384015 | 0,00341012 | 0,0311361 | 0,684179 | 0,00563842 |
| 1 PLN = | 1,017200 | 2,44631 | 0,217236 | 1,98348 | 43,5845 | 0,359186 |
| 1 RON = | 1 | 2,40494 | 0,213563 | 1,94993 | 42,8475 | 0,353113 |
| 1 SEK = | 0,415811 | 1 | 0,0888016 | 0,810804 | 17,8165 | 0,146828 |
| 1 GBP = | 4,68247 | 11,2611 | 1 | 9,13051 | 200,632 | 1,65344 |
| 1 NOK = | 0,512838 | 1,23334 | 0,1095230 | 1 | 21,9738 | 0,181089 |
| 1 ISK = | 0,0233386 | 0,0561279 | 0,00498425 | 0,0455087 | 1 | 0,00824115 |
| 1 CHF = | 2,83196 | 6,81069 | 0,604800 | 5,52213 | 121,342 | 1 |

10-2009

RON

SEK

GBP

NOK

ISK

CHF

1 EUR =

4,28711

10,3102

0,915566

8,35958

183,692

1,51383

1 BGN =

2,19200

5,27162

0,468129

4,27425

93,9216

0,774022

1 CZK =

0,165774

0,398676

0,0354031

0,323248

7,10299

0,0585368

1 DKK =

0,575927

1,38507

0,122996

1,12302

24,6770

0,203367

1 EEK =

0,273996

0,658944

0,0585153

0,534275

11,7400

0,0967515

1 LVL =

6,04829

14,5458

1,29169

11,7938

259,154

2,13573

1 LTL =

1,24163

2,98605

0,265166

2,42110

53,2008

0,438436

1 HUF =

0,0159678

0,0384015

0,00341012

0,0311361

0,684179

0,00563842

1 PLN =

1,017200

2,44631

0,217236

1,98348

43,5845

0,359186

1 RON =

1

2,40494

0,213563

1,94993

42,8475

0,353113

1 SEK =

0,415811

1

0,0888016

0,810804

17,8165

0,146828

1 GBP =

4,68247

11,2611

1

9,13051

200,632

1,65344

1 NOK =

0,512838

1,23334

0,1095230

1

21,9738

0,181089

1 ISK =

0,0233386

0,0561279

0,00498425

0,0455087

1

0,00824115

1 CHF =

2,83196

6,81069

0,604800

5,52213

121,342

1

| 1. | Regulation (EEC) No 574/72 determines that the rate for the conversion into a currency of amounts denominated in another currency shall be the rate calculated by the Commission and based on the monthly average, during the reference period specified in paragraph 2, of reference rates of exchange of currencies published by the European Central Bank. |
| --- | --- |

1.

Regulation (EEC) No 574/72 determines that the rate for the conversion into a currency of amounts denominated in another currency shall be the rate calculated by the Commission and based on the monthly average, during the reference period specified in paragraph 2, of reference rates of exchange of currencies published by the European Central Bank.

| 2. | The reference period shall be:






  — | the month of January for rates of conversion applicable from 1 April following, |
| --- | --- | --- |

2.

The reference period shall be:

—

the month of January for rates of conversion applicable from 1 April following,

| — | the month of April for rates of conversion applicable from 1 July following, |
| --- | --- |

—

the month of April for rates of conversion applicable from 1 July following,

| — | the month of July for rates of conversion applicable from 1 October following, |
| --- | --- |

—

the month of July for rates of conversion applicable from 1 October following,

| — | the month of October for rates of conversion applicable from 1 January following. |
| --- | --- |

—

the month of October for rates of conversion applicable from 1 January following.

The rates for the conversion of currencies shall be published in the second Official Journal of the European Union (‘C’ series) of the months of February, May, August and November.

---

NOTICES FROM MEMBER STATES

| 6.11.2009 | EN | Official Journal of the European Union | C 264/17 |
| --- | --- | --- | --- |

6.11.2009

EN

Official Journal of the European Union

C 264/17

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2009/C 264/07

Aid No: XA 258/08

Member State: Finland

Region: All of Finland excluding the Province of Åland

Title of aid scheme or name of company receiving an individual aid: Maatalouden investointitukijärjestelmä.

Legal basis: Maatalouden investointituet:

Laki maatalouden rakennetuista (1476/2007)

Tuki elinkeinosuunnitelman laatimiseen (maatalouden investointituen saamisen edellytyksenä on pääsääntöisesti elinkeinosuunnitelman laatiminen):

Maaseudun kehittämiseen myönnettävistä tuista annettu laki (1443/2006)

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: An estimated EUR 18 000 000 of agricultural investment aid will be awarded annually in the form of grants.

An estimated EUR 105 000 000 of agricultural investment aid will be awarded annually in the form of interest-rate subsidies, of which the grant component will be an estimated EUR 3 000 000.

An estimated EUR 2 000 000 will be awarded annually in the form of aid for preparing a business plan.

The total budget for the aid scheme is some EUR 138 000 000.

Maximum aid intensity:

| 1. | Agricultural investment aid may be granted in the form of a grant, an interest-rate subsidy for a loan or a combination of the two.
  The maximum aid intensity in agricultural investments is:






  (a) | 60 % of the eligible costs in the case of young farmers; additional aid may be granted at a rate of up to 100 % to cover the extra costs incurred by using traditional materials necessary to preserve the heritage features of buildings; |
| --- | --- | --- |

1.

Agricultural investment aid may be granted in the form of a grant, an interest-rate subsidy for a loan or a combination of the two.

The maximum aid intensity in agricultural investments is:

(a)

60 % of the eligible costs in the case of young farmers; additional aid may be granted at a rate of up to 100 % to cover the extra costs incurred by using traditional materials necessary to preserve the heritage features of buildings;

| (b) | 50 % of the eligible costs in the case of other farmers; additional aid may be granted at a rate of up to 100 % to cover the extra costs incurred by using traditional materials necessary to preserve the heritage features of buildings; |
| --- | --- |

(b)

50 % of the eligible costs in the case of other farmers; additional aid may be granted at a rate of up to 100 % to cover the extra costs incurred by using traditional materials necessary to preserve the heritage features of buildings;

| (c) | 75 % of the eligible costs where investments result in extra costs relating to the protection and improvement of the environment, the improvement of hygiene conditions of livestock enterprises or the welfare of farm animals; the increase may only be granted for investments which go beyond the minimum Community requirements in force, or for investments made to comply with newly introduced minimum standards, and the increase must be limited to the extra eligible costs necessary and must not apply in the case of investments which result in an increase in production capacity; |
| --- | --- |

(c)

75 % of the eligible costs where investments result in extra costs relating to the protection and improvement of the environment, the improvement of hygiene conditions of livestock enterprises or the welfare of farm animals; the increase may only be granted for investments which go beyond the minimum Community requirements in force, or for investments made to comply with newly introduced minimum standards, and the increase must be limited to the extra eligible costs necessary and must not apply in the case of investments which result in an increase in production capacity;

| (d) | 100 % of the real costs of investments or capital works intended for the conservation of non-productive heritage features located on agricultural holdings, such as archaeological or historical features; aid may be granted up to 75 % of the real costs of investments or capital works intended for the conservation of heritage features of productive assets on farms, such as farm buildings, provided that the investment does not entail any increase in the production capacity of the farm; |
| --- | --- |

(d)

100 % of the real costs of investments or capital works intended for the conservation of non-productive heritage features located on agricultural holdings, such as archaeological or historical features; aid may be granted up to 75 % of the real costs of investments or capital works intended for the conservation of heritage features of productive assets on farms, such as farm buildings, provided that the investment does not entail any increase in the production capacity of the farm;

| (e) | 10 % of the eligible costs of investment in land purchases. |
| --- | --- |

(e)

10 % of the eligible costs of investment in land purchases.

The maximum amount of aid granted to an individual enterprise must not exceed EUR 400 000 over any period of three fiscal years, or EUR 500 000 if the enterprise is situated in a less favoured area or in an area referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, as designated by Member States in accordance with Articles 50 and 94 of that Regulation.

| 2. | Aid for preparing a business plan. The maximum aid intensity is 100 % . This aid relates to fees for consultancy services and is granted in kind by means of subsidised services; it does not involve direct payments of money to producers. It constitutes technical support as referred to in Article 15(2)(c) of the Regulation.
  Aid may be awarded under the scheme until 31 December 2013. The latest date for payment of aid awarded under the scheme is 2017 in the case of grants and 2035 in the case of interest-rate subsidies. |
| --- | --- |

2.

Aid for preparing a business plan. The maximum aid intensity is 100 % . This aid relates to fees for consultancy services and is granted in kind by means of subsidised services; it does not involve direct payments of money to producers. It constitutes technical support as referred to in Article 15(2)(c) of the Regulation.

Aid may be awarded under the scheme until 31 December 2013. The latest date for payment of aid awarded under the scheme is 2017 in the case of grants and 2035 in the case of interest-rate subsidies.

Date of implementation: The earliest starting date for awarding aid under the scheme is 11 August 2008.

Duration of scheme or individual aid award: Decisions on awarding aid under the scheme may be made up until 31 December 2013.

Objective of aid: The primary aim of the aid scheme is to support agricultural enterprises as referred to in Article 1. The aim is to improve agricultural operating conditions and competitiveness by promoting the efficiency and quality of agricultural production in accordance with the principles of sustainable development.

The aid scheme complies with the conditions and eligible costs laid down in Articles 4, 5 and 15 of Commission Regulation (EC) No 1857/2006.

Sector(s) concerned: The investment aid scheme applies to investment in primary agricultural production.

Aid is also provided in the form of consultancy services for drawing up a business plan.

Name and address of the granting authority: Each local Employment and Economic Development Centre (or ‘TE-keskus’, of which there are 15) grants aid under the agricultural investment scheme in the geographic area for which it is responsible.

Lapin TE-keskus

Ruokasenkatu 2

FI-96200 Rovaniemi

SUOMI/FINLAND

Pohjois-Pohjanmaan TE-keskus

Viestikatu 1

FI-90100 Oulu

SUOMI/FINLAND

Kainuun TE-keskus

Kalliokatu 4

FI-87100 Kajaani

SUOMI/FINLAND

Pohjanmaan TE-keskus

Hovioikeudenpuistikko 19 A

FI-65101 Vaasa

SUOMI/FINLAND

Etelä-Pohjanmaan TE-keskus

Huhtalantie 2

FI-60220 Seinäjoki

SUOMI/FINLAND

Keski-Suomen TE-keskus

Cygnaeuksenkatu 1

FI-40101 Jyväskylä

SUOMI/FINLAND

Pohjois-Savon TE-keskus

Käsityökatu 41

FI-70100 Kuopio

SUOMI/FINLAND

Pohjois-Karjalan TE-keskus

Kauppakatu 40 B

FI-80100 Joensuu

SUOMI/FINLAND

Etelä-Savon TE-keskus

Mikonkatu 3 ja 5

FI-50100 Mikkeli

SUOMI/FINLAND

Hämeen TE-keskus

Rauhankatu 10

FI-15110 Lahti

SUOMI/FINLAND

Pirkanmaan TE-keskus

Kauppakatu 4

FI-33100 Tampere

SUOMI/FINLAND

Satakunnan TE-keskus

PL 266

FI-28100 Pori

SUOMI/FINLAND

Varsinais-Suomen TE-keskus

Ratapihankatu 36

FI-20100 Turku

SUOMI/FINLAND

Kaakkois-Suomen TE-keskus

Salpausselänkatu 22

PL 1041

FI-45100 Kouvola

SUOMI/FINLAND

Uudenmaan TE-keskus

Maistraatinportti 2

FI-00240 Helsinki

SUOMI/FINLAND

Website: The principles and conditions of the aid scheme can be found at:

http://www.finlex.fi/fi/laki/alkup/2007/20071476 and http://www.finlex.fi/fi/laki/alkup/2008/20080299

Other information: The aid scheme applies to agricultural investment aid that falls outside the scope of the Rural Development Programme for Mainland Finland 2007-2013 and the National Aid Scheme for Southern Finland (relating to Article 141). These two aid schemes were the subject of earlier Commission Decisions (C(2007) 3779 and C(2008) 696).

---

| 6.11.2009 | EN | Official Journal of the European Union | C 264/20 |
| --- | --- | --- | --- |

6.11.2009

EN

Official Journal of the European Union

C 264/20

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the EC Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2009/C 264/08

| Reference number of State Aid | X 166/08 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Chemnitz, Dresden
  Article 87(3)(a) |
| Granting authority | Sächsische Aufbaubank |
| Pirnaische Straße 9 |
| 01096 Dresden |
| DEUTSCHLAND |
| http://www.sab.sachsen.de |

Reference number of State Aid

X 166/08

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Chemnitz, Dresden

Article 87(3)(a)

Granting authority

Sächsische Aufbaubank

Pirnaische Straße 9

01096 Dresden

DEUTSCHLAND

http://www.sab.sachsen.de

Title of the aid measure

Gemeinsames Umsetzungsdokument zum Programm Ziel 3/Cil 3 zur Förderung der grenzübergreifenden Zusammenarbeit 2007—2013 zwischen dem Freistaat Sachsen und der Tschechischen Republik

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

VO (EG) Nr. 1083/2006 (allgemeine Strukturfondsverordnung)

VO (EG) Nr. 1080/2006 (EFRE-Verordnung)

gemeinsames Programmdokument (Operationelles Programm CCI-Code 2007CB163PO017) http://www.ziel3-cil3.eu

§§ 23 und 44 der Haushaltsordnung des Freistaats Sachsen (Sächsische Haushaltsordnung — SäHO, Sächs GVBl. 2001. S. 154) sowie der hierzu ergangenen Verwaltungsvorschrift des Sächsischen Staatsministeriums der Finanzen

Web link to the full text of the aid measure

http://www.ziel3-cil3.eu

Type of measure

Scheme

Amendment of an existing aid measure

Modification XR 103/08

Modification XS 196/08

Modification XE 33/08

Modification XT 83/08

Duration

1.1.2007-31.12.2015

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 17,45 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission decision

—

If co-financed by Community funds

2007CB163PO017 — 99,40 EUR (in Mio.)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

30 %

—

General training (Article 38(2))

60 %

—

Aid for the recruitment of disadvantaged workers in the form of wage subsidies (Article 40)

50 %

—

Aid for the employment of disabled workers in the form of wage subsidies (Article 41)

75 %

—

Aid for compensating the additional costs of employing disabled workers (Article 42)

85 %

—

| Reference number of State Aid | X 837/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | GS 1-76051-29 |
| Name of the Region (NUTS) | Deutschland
  Non-assisted areas |
| Granting authority | Bundesverwaltungsamt |
| 50728 Köln |
| DEUTSCHLAND |
| http://www.bundesverwaltungsamt.de |

Reference number of State Aid

X 837/09

Member State

Germany

Member State reference number

GS 1-76051-29

Name of the Region (NUTS)

Deutschland

Non-assisted areas

Granting authority

Bundesverwaltungsamt

50728 Köln

DEUTSCHLAND

http://www.bundesverwaltungsamt.de

Title of the aid measure

Richtlinie zur Personalentwicklung in der Sozialwirtschaft

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

Bundesanzeiger Nr. 40, Seite 943 vom 13. März 2009

Web link to the full text of the aid measure

http://www.bundesanzeiger.de

http://www.esf.de

http://www.esf.de/portal/generator/6816/programmrueckenwind.html

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

3.3.2009-31.12.2013

Economic sector(s) concerned

Other service activities

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 8,00 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission decision

—

If co-financed by Community funds

GS 1-76051-29 — 30,00 EUR (in Mio.)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Specific training (Article 38(1))

55 %

—

General training (Article 38(2))

80 %

—

| Reference number of State Aid | X 840/09 |
| --- | --- |
| Member State | United Kingdom |
| Member State reference number | — |
| Name of the Region (NUTS) | United Kingdom
  Mixed |
| Granting authority | Carbon Trust |
| 6th Floor |
| 5 New Street Square |
| London |
| EC4A 3BF |
| UNITED KINGDOM |
| http://www.carbontrust.co.uk |

Reference number of State Aid

X 840/09

Member State

United Kingdom

Member State reference number

—

Name of the Region (NUTS)

United Kingdom

Mixed

Granting authority

Carbon Trust

6th Floor

5 New Street Square

London

EC4A 3BF

UNITED KINGDOM

http://www.carbontrust.co.uk

Title of the aid measure

Marine Renewables Proving Fund (MRPF)

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

Section 5 of the Science and Technology Act 1965 and by Section 153(1) of the Environmental Protection Act 1990 (as amended by S.I. 2002/1686)

Web link to the full text of the aid measure

http://www.carbontrust.co.uk/mrpf

Navigate to http://www.carbontrust.co.uk/mrpf Click on the register link. Register with the Carbon Trust to gain access to the MRPF documentation. Login to the MRPF website with the details you have chosen. Click on the MRPF document link for the full details of the Marine Renewables Proving Fund.

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

22.9.2009-31.3.2011

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

GBP 22,50 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Industrial research (Article 31(2)(b))

50 %

30 %

Experimental development (Article 31(2)(c))

25 %

35 %

| Reference number of State Aid | X 845/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Emilia-Romagna
  Mixed |
| Granting authority | Regione Emilia-Romagna |
| Direzione Generale Ambiente |
| Difesa del Suolo e della Costa |
| Via dei Mille 21 |
| 40127 Bologna BO |
| ITALIA |
| http://www.regione.emilia-romagna.it |

Reference number of State Aid

X 845/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Emilia-Romagna

Mixed

Granting authority

Regione Emilia-Romagna

Direzione Generale Ambiente

Difesa del Suolo e della Costa

Via dei Mille 21

40127 Bologna BO

ITALIA

http://www.regione.emilia-romagna.it

Title of the aid measure

Incentivi alle imprese per la rimozione e lo smaltimento di manufatti contenenti cemento-amianto. Approvazione bando.

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

Bollettino Ufficiale Regione Emilia-Romagna — Parte seconda — n. 172 dell'8 ottobre 2009

Web link to the full text of the aid measure

http://www.ermesambiente.it

Dentro al sito http://www.ermesambiente.it si trova il banner denominato «rimozione amianto-incentivi imprese», tramite questo banner si entra nelle pagine in cui è stata collocata tutta la documentazione dell'iniziativa.

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

29.9.2009-29.9.2011

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EUR 4,10 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission decision

—

If co-financed by Community funds

—

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Investment aid enabling undertakings to go beyond Community standards for environmental protection or increase the level of environmental protection in the absence of Community standards (Article 18)

35 %

10 %

| Reference number of State Aid | X 847/09 |
| --- | --- |
| Member State | Estonia |
| Member State reference number | — |
| Name of the Region (NUTS) | Estonia
  Article 87(3)(a) |
| Granting authority | Ettevõtluse Arendamise Sihtasutus |
| Lasnamäe 2 |
| 11412 Tallinn |
| EESTI/ESTONIA |
| http://www.eas.ee |

Reference number of State Aid

X 847/09

Member State

Estonia

Member State reference number

—

Name of the Region (NUTS)

Estonia

Article 87(3)(a)

Granting authority

Ettevõtluse Arendamise Sihtasutus

Lasnamäe 2

11412 Tallinn

EESTI/ESTONIA

http://www.eas.ee

Title of the aid measure

Teadus- ja arendustegevuse projektide toetamine

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

Majandus- ja kommunikatsiooniministri 15. mai 2008. a määrus nr 40 „Teadus- ja arendustegevuse projektide toetamise tingimused ja kord” (RTL, 22.5.2008, 40, 560)

Web link to the full text of the aid measure

http://www.riigiteataja.ee/ert/act.jsp?id=13223991

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

10.10.2009-31.12.2013

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EEK 330,00 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission decision

—

If co-financed by Community funds

Euroopa Regionaalarengu Fond – 330,00 EEK (miljonites)

Objectives

Maximum aid intensity in % or maximum aid amount in national currency

SME-bonuses in %

Industrial research (Article 31(2)(b))

65 %

10 %

Experimental development (Article 31(2)(c))

40 %

10 %

Aid for technical feasibility studies (Article 32)

75 %

—

Aid for industrial property rights costs for SMEs (Article 33)

50 %

—

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6.11.2009

| 6.11.2009 | EN | Official Journal of the European Union | C 264/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 264/s3

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NOTICE

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