# Official Journal C 16/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.016.eng |
| --- | --- |
| Official Journal
  of the European Union | C 16 |
| | |
| English edition | Information and Notices | Volume 5322 January 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.016.eng

Official Journal

of the European Union

C 16

English edition

Information and Notices

Volume 5322 January 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 016/01 | Authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections | 1 |
| 2010/C 016/02 | Non-opposition to a notified concentration (Case COMP/M.5672 — CANON/OCE) (
  1
  ) | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 016/01

Authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections

1

2010/C 016/02

Non-opposition to a notified concentration (Case COMP/M.5672 — CANON/OCE) (
  1
  )

1

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2010/C 016/03 | Council Decision of 18 January 2010 appointing two members of the Management Board of the European Chemicals Agency | 5 |
| | European Commission |
| 2010/C 016/04 | Euro exchange rates | 7 |
| 2010/C 016/05 | Opinion of the Advisory Committee on mergers given at its meeting of 21 August 2009 regarding a draft decision relating to Case COMP/M.5440 — Lufthansa/Austrian Airlines — Rapporteur: United Kingdom | 8 |
| 2010/C 016/06 | Final Report of the Hearing Officer in Case COMP/M.5440 — Lufthansa/Austrian Airlines (Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21) | 10 |
| 2010/C 016/07 | Summary of Commission Decision of 28 August 2009 declaring a concentration compatible with the common market and EEA Agreement (Case COMP/M.5440 — Lufthansa/Austrian Airlines) (notified under document C(2009) 6690 final)
   (
  1
  ) | 11 |
| 2010/C 016/08 | Summary of Commission Decision of 3 August 2009 repealing Commission Decision C(2006) 412 of 15 February 2006(notified under document C(2009) 6055 final)
   (
  1
  ) | 17 |
| 2010/C 016/09 | Commission communication in the framework of the implementation of Commission Regulation (EC) No 643/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances (
  1
  ) | 19 |
| | NOTICES FROM MEMBER STATES |
| 2010/C 016/10 | 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 Treaty (General Block Exemption Regulation) (
  1
  ) | 24 |
| 2010/C 016/11 | 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 Treaty (General Block Exemption Regulation) (
  1
  ) | 29 |
| 2010/C 016/12 | 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 Treaty (General Block Exemption Regulation) (
  1
  ) | 34 |
| 2010/C 016/13 | 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 Treaty (General Block Exemption Regulation) (
  1
  ) | 37 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2010/C 016/03

Council Decision of 18 January 2010 appointing two members of the Management Board of the European Chemicals Agency

5

European Commission

2010/C 016/04

Euro exchange rates

7

2010/C 016/05

Opinion of the Advisory Committee on mergers given at its meeting of 21 August 2009 regarding a draft decision relating to Case COMP/M.5440 — Lufthansa/Austrian Airlines — Rapporteur: United Kingdom

8

2010/C 016/06

Final Report of the Hearing Officer in Case COMP/M.5440 — Lufthansa/Austrian Airlines (Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

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

10

2010/C 016/07

Summary of Commission Decision of 28 August 2009 declaring a concentration compatible with the common market and EEA Agreement (Case COMP/M.5440 — Lufthansa/Austrian Airlines) (notified under document C(2009) 6690 final)
   (
  1
  )

(notified under document C(2009) 6690 final)

1

11

2010/C 016/08

Summary of Commission Decision of 3 August 2009 repealing Commission Decision C(2006) 412 of 15 February 2006(notified under document C(2009) 6055 final)
   (
  1
  )

(notified under document C(2009) 6055 final)

1

17

2010/C 016/09

Commission communication in the framework of the implementation of Commission Regulation (EC) No 643/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances (
  1
  )

1

19

NOTICES FROM MEMBER STATES

2010/C 016/10

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 Treaty (General Block Exemption Regulation) (
  1
  )

1

24

2010/C 016/11

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 Treaty (General Block Exemption Regulation) (
  1
  )

1

29

2010/C 016/12

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 Treaty (General Block Exemption Regulation) (
  1
  )

1

34

2010/C 016/13

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 Treaty (General Block Exemption Regulation) (
  1
  )

1

37

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2010/C 016/14 | Notice of the impending expiry of certain anti-dumping measures | 40 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 016/15 | Prior notification of a concentration (Case COMP/M.5771 — CSN/Cimpor) — Candidate case for simplified procedure (
  1
  ) | 41 |
| 2010/C 016/16 | Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/B-1/39.317 — E.ON gas (
  1
  ) | 42 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2010/C 016/14

Notice of the impending expiry of certain anti-dumping measures

40

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 016/15

Prior notification of a concentration (Case COMP/M.5771 — CSN/Cimpor) — Candidate case for simplified procedure (
  1
  )

1

41

2010/C 016/16

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/B-1/39.317 — E.ON gas (
  1
  )

1

42

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 22.1.2010 | EN | Official Journal of the European Union | C 16/1 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/1

---

Authorisation for State aid pursuant to Articles 107 and 108 TFEU

Cases where the Commission raises no objections

2010/C 16/01

| Date of adoption of the decision | 11.12.2009 |
| --- | --- |
| Reference number of State Aid | N 312/09 |
| Member State | Spain |
| Region | Navarra |
| Title (and/or name of beneficiary) | Ayudas al fomento de medidas agroambientales en el cultivo de la patata de siembra |
| Legal basis | Orden Foral de la Consejera de Desarollo Rural y Medio Ambiente, por la que se aprueban las normas reguladoras para la concesión de ayudas al fomento de medidas agroambientales en el coltivo de la patata de siembra |
| Type of measure | Aid scheme |
| Objective | Aid to the agro-environmental measures |
| Form of aid | Direct grant |
| Budget | Annual expenditure: EUR 200 000
  Overall amount: EUR 1 million |
| Intensity | Max. EUR 600/ha |
| Duration (period) | 2009-2013 |
| Economic sectors | Agricultural sector |
| Name and address of the granting authority | Departamento de Desarollo rural y Medio Ambiente del Gobierno de Navarra |
| C/ Tudela, 20 |
| 31003 Pamplona (Navarra) |
| ESPAÑA |

Date of adoption of the decision

11.12.2009

Reference number of State Aid

N 312/09

Member State

Spain

Region

Navarra

Title (and/or name of beneficiary)

Ayudas al fomento de medidas agroambientales en el cultivo de la patata de siembra

Legal basis

Orden Foral de la Consejera de Desarollo Rural y Medio Ambiente, por la que se aprueban las normas reguladoras para la concesión de ayudas al fomento de medidas agroambientales en el coltivo de la patata de siembra

Type of measure

Aid scheme

Objective

Aid to the agro-environmental measures

Form of aid

Direct grant

Budget

Annual expenditure: EUR 200 000

Overall amount: EUR 1 million

Intensity

Max. EUR 600/ha

Duration (period)

2009-2013

Economic sectors

Agricultural sector

Name and address of the granting authority

Departamento de Desarollo rural y Medio Ambiente del Gobierno de Navarra

C/ Tudela, 20

31003 Pamplona (Navarra)

ESPAÑA

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 | 11.12.2009 |
| --- | --- |
| Reference number of State Aid | N 395/09 |
| Member State | Spain |
| Region | Castilla y León |
| Title (and/or name of beneficiary) | Ayudas a la implantación del cultivo del lúpulo |
| Legal basis | Proyecto de Orden ayg/.../2009, de ... de ..., por la que se establecen las bases reguladoras de la concesión de las ayudas para la implantación del cultivo del lúpulo en la comunidad de Castilla y León |
| Type of measure | Aid scheme |
| Objective | Aid for investments |
| Form of aid | Direct grant |
| Budget | Overall amount: EUR 4,25 million |
| Intensity | — | 50 % of eligible investments in less favoured areas or in areas referred to in Article 36(a)(i), (ii) and (iii) of Regulation (EC) No 1698/2005, as designated by Member States in accordance with Articles 50 and 94 of that Regulation, |

Date of adoption of the decision

11.12.2009

Reference number of State Aid

N 395/09

Member State

Spain

Region

Castilla y León

Title (and/or name of beneficiary)

Ayudas a la implantación del cultivo del lúpulo

Legal basis

Proyecto de Orden ayg/.../2009, de ... de ..., por la que se establecen las bases reguladoras de la concesión de las ayudas para la implantación del cultivo del lúpulo en la comunidad de Castilla y León

Type of measure

Aid scheme

Objective

Aid for investments

Form of aid

Direct grant

Budget

Overall amount: EUR 4,25 million

Intensity

—

50 % of eligible investments in less favoured areas or in areas referred to in Article 36(a)(i), (ii) and (iii) of Regulation (EC) No 1698/2005, as designated by Member States in accordance with Articles 50 and 94 of that Regulation,

| — | 40 % of eligible investments in other regions. |
| --- | --- |

—

40 % of eligible investments in other regions.

Duration (period)

2009-2013

Economic sectors

Agricultural sector

Name and address of the granting authority

| Consejería de Agricultura y Ganadería |
| --- |
| C/ Rigoberto Cortejoso, 14, 6a planta |
| C.P. 47014 Valladolid (Valladolid) Castilla-Leon |
| ESPAÑA |

Consejería de Agricultura y Ganadería

C/ Rigoberto Cortejoso, 14, 6a planta

C.P. 47014 Valladolid (Valladolid) Castilla-Leon

ESPAÑA

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 | 10.12.2009 |
| --- | --- |
| Reference number of State Aid | N 482/09 |
| Member State | Slovak Republic |
| Region | — |
| Title (and/or name of the beneficiary) | Obnova potenciálu lesného hospodárstva a zavedenie preventívnych opatrení |
| Legal basis | Zákon č. 528/2008 Z. z. o pomoci a podpore poskytovanej z fondov Európskeho spoločenstva
  Zákon č. 231/1999 Z. z. o štátnej pomoci v znení neskorších predpisov
  Zákon č. 523/2004 Z. z. o rozpočtových pravidlách verejnej správy a zmene a doplnení niektorých zákonov
  Zákon č. 326/2005 Z. z. o lesoch v znení neskorších predpisov |
| Type of measure | Scheme |
| Objective | Forestry |
| Form of aid | Direct grant |
| Budget | Total budget of EUR 126,60 million
  Annual budget: EUR 23,32 million |
| Intensity | 100 % of eligible expenses |
| Duration (period) | Date of Commission approval until 31 December 2013 |
| Economic sectors | Forestry |
| Name and address of the granting authority | Ministerstvo pôdohospodárstva SR |
| Dobrovičova 12 |
| 812 66 Bratislava |
| SLOVENSKO/SLOVAKIA |

Date of adoption of the decision

10.12.2009

Reference number of State Aid

N 482/09

Member State

Slovak Republic

Region

—

Title (and/or name of the beneficiary)

Obnova potenciálu lesného hospodárstva a zavedenie preventívnych opatrení

Legal basis

Zákon č. 528/2008 Z. z. o pomoci a podpore poskytovanej z fondov Európskeho spoločenstva

Zákon č. 231/1999 Z. z. o štátnej pomoci v znení neskorších predpisov

Zákon č. 523/2004 Z. z. o rozpočtových pravidlách verejnej správy a zmene a doplnení niektorých zákonov

Zákon č. 326/2005 Z. z. o lesoch v znení neskorších predpisov

Type of measure

Scheme

Objective

Forestry

Form of aid

Direct grant

Budget

Total budget of EUR 126,60 million

Annual budget: EUR 23,32 million

Intensity

100 % of eligible expenses

Duration (period)

Date of Commission approval until 31 December 2013

Economic sectors

Forestry

Name and address of the granting authority

Ministerstvo pôdohospodárstva SR

Dobrovičova 12

812 66 Bratislava

SLOVENSKO/SLOVAKIA

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

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/4 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/4

---

Non-opposition to a notified concentration

(Case COMP/M.5672 — CANON/OCE)

(Text with EEA relevance)

2010/C 16/02

On 22 December 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5672. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5672. EUR-Lex is the on-line access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 22.1.2010 | EN | Official Journal of the European Union | C 16/5 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/5

---

COUNCIL DECISION

of 18 January 2010

appointing two members of the Management Board of the European Chemicals Agency

2010/C 16/03

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

| (1) | Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency one representative from each Member State. |
| --- | --- |

(1)

Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency one representative from each Member State.

| (2) | By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency. |
| --- | --- |

(2)

By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency.

| (3) | By Decision of 15 November 2007 (3) the Council, at the request of the Belgian Government, replaced the Belgian representative on the Management Board. |
| --- | --- |

(3)

By Decision of 15 November 2007 (3) the Council, at the request of the Belgian Government, replaced the Belgian representative on the Management Board.

| (4) | The Belgian Government has informed the Council of its intention to replace the Belgian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011. |
| --- | --- |

(4)

The Belgian Government has informed the Council of its intention to replace the Belgian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011.

| (5) | The United Kingdom Government has informed the Council of its intention to replace the United Kingdom representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011, |
| --- | --- |

(5)

The United Kingdom Government has informed the Council of its intention to replace the United Kingdom representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011,

HAS ADOPTED THIS DECISION:

Article 1

Mr Helmut DE VOS of Belgian nationality, born on 25 February 1978, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Marc LEEMANS for the period from 23 January 2010 to 31 May 2011.

Article 2

Mr Arwyn DAVIES of British nationality, born on 17 January 1957, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr John ROBERTS for the period from 23 January 2010 to 31 May 2011.

Article 3

This Decision shall enter into force on the date of its adoption.

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 18 January 2010.

For the Council

The President

E. ESPINOSA

---

(1)  OJ L 396, 30.12.2006, p. 1. Corrected version in OJ L 136, 29.5.2007, p. 3.

1

(2)  OJ C 134, 16.6.2007, p. 6.

2

(3)  OJ C 280, 23.11.2007, p. 2.

3

---

European Commission

| 22.1.2010 | EN | Official Journal of the European Union | C 16/7 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/7

---

Euro exchange rates (1)

21 January 2010

2010/C 16/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4064 |
| JPY | Japanese yen | 129,14 |
| DKK | Danish krone | 7,4426 |
| GBP | Pound sterling | 0,87000 |
| SEK | Swedish krona | 10,1375 |
| CHF | Swiss franc | 1,4723 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1455 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,979 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 270,43 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| PLN | Polish zloty | 4,0545 |
| RON | Romanian leu | 4,1275 |
| TRY | Turkish lira | 2,0778 |
| AUD | Australian dollar | 1,5463 |
| CAD | Canadian dollar | 1,4740 |
| HKD | Hong Kong dollar | 10,9265 |
| NZD | New Zealand dollar | 1,9590 |
| SGD | Singapore dollar | 1,9725 |
| KRW | South Korean won | 1 599,54 |
| ZAR | South African rand | 10,5954 |
| CNY | Chinese yuan renminbi | 9,6012 |
| HRK | Croatian kuna | 7,2977 |
| IDR | Indonesian rupiah | 13 127,00 |
| MYR | Malaysian ringgit | 4,7501 |
| PHP | Philippine peso | 64,685 |
| RUB | Russian rouble | 41,8618 |
| THB | Thai baht | 46,418 |
| BRL | Brazilian real | 2,5117 |
| MXN | Mexican peso | 17,8760 |
| INR | Indian rupee | 64,7500 |

Currency

Exchange rate

USD

US dollar

1,4064

JPY

Japanese yen

129,14

DKK

Danish krone

7,4426

GBP

Pound sterling

0,87000

SEK

Swedish krona

10,1375

CHF

Swiss franc

1,4723

ISK

Iceland króna

NOK

Norwegian krone

8,1455

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,979

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

270,43

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

PLN

Polish zloty

4,0545

RON

Romanian leu

4,1275

TRY

Turkish lira

2,0778

AUD

Australian dollar

1,5463

CAD

Canadian dollar

1,4740

HKD

Hong Kong dollar

10,9265

NZD

New Zealand dollar

1,9590

SGD

Singapore dollar

1,9725

KRW

South Korean won

1 599,54

ZAR

South African rand

10,5954

CNY

Chinese yuan renminbi

9,6012

HRK

Croatian kuna

7,2977

IDR

Indonesian rupiah

13 127,00

MYR

Malaysian ringgit

4,7501

PHP

Philippine peso

64,685

RUB

Russian rouble

41,8618

THB

Thai baht

46,418

BRL

Brazilian real

2,5117

MXN

Mexican peso

17,8760

INR

Indian rupee

64,7500

---

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

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/8 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/8

---

Opinion of the Advisory Committee on mergers given at its meeting of 21 August 2009 regarding a draft decision relating to Case COMP/M.5440 — Lufthansa/Austrian Airlines

Rapporteur: United Kingdom

2010/C 16/05

| 1. | The Advisory Committee agrees with the Commission that the notified transaction constitutes a concentration within the meaning of Article 3(1)(b) of the EC Merger Regulation. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the notified transaction constitutes a concentration within the meaning of Article 3(1)(b) of the EC Merger Regulation.

| 2. | The Advisory Committee agrees with the Commission that the notified transaction has a Community dimension pursuant to Article 1(2) of the EC Merger Regulation. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the notified transaction has a Community dimension pursuant to Article 1(2) of the EC Merger Regulation.

| 3. | The Advisory Committee agrees with the Commission that the markets for scheduled passenger air transport services are to be defined on the basis of point of origin/point of destination (O&D) city pairs. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the markets for scheduled passenger air transport services are to be defined on the basis of point of origin/point of destination (O&D) city pairs.

| 4. | The Advisory Committee agrees with the Commission that, for the purpose of making a competition assessment of this proposed transaction, the acquisition of Austrian Airlines by Air France-KLM is the most likely foreseeable alternative counterfactual (if the proposed acquisition by Lufthansa of Austrian Airlines were to fail) to the pre-merger situation. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that, for the purpose of making a competition assessment of this proposed transaction, the acquisition of Austrian Airlines by Air France-KLM is the most likely foreseeable alternative counterfactual (if the proposed acquisition by Lufthansa of Austrian Airlines were to fail) to the pre-merger situation.

| 5. | The Advisory Committee agrees with the Commission’s assessment that the notified transaction, as originally proposed by the notifying party, raises serious doubts as to its compatibility with the common market or a substantial part of it with respect to passenger air transport on the following routes:






  (a) | Vienna-Stuttgart; |
| --- | --- | --- |

5.

The Advisory Committee agrees with the Commission’s assessment that the notified transaction, as originally proposed by the notifying party, raises serious doubts as to its compatibility with the common market or a substantial part of it with respect to passenger air transport on the following routes:

(a)

Vienna-Stuttgart;

| (b) | Vienna-Cologne; |
| --- | --- |

(b)

Vienna-Cologne;

| (c) | Vienna-Munich; |
| --- | --- |

(c)

Vienna-Munich;

| (d) | Vienna-Frankfurt; and |
| --- | --- |

(d)

Vienna-Frankfurt; and

| (e) | Vienna-Brussels. |
| --- | --- |

(e)

Vienna-Brussels.

| 6. | The Advisory Committee agrees with the Commission’s assessment that the implementation of the commitments submitted on 31 July 2009 by the notifying party will lead to timely market entry by one or more airlines into, and thereby sufficiently resolve the competition concerns identified with respect to, the supply of passenger air transport services on the following routes:






  (a) | Vienna-Stuttgart; |
| --- | --- | --- |

6.

The Advisory Committee agrees with the Commission’s assessment that the implementation of the commitments submitted on 31 July 2009 by the notifying party will lead to timely market entry by one or more airlines into, and thereby sufficiently resolve the competition concerns identified with respect to, the supply of passenger air transport services on the following routes:

(a)

Vienna-Stuttgart;

| (b) | Vienna-Cologne; |
| --- | --- |

(b)

Vienna-Cologne;

| (c) | Vienna-Munich; |
| --- | --- |

(c)

Vienna-Munich;

| (d) | Vienna-Frankfurt; and |
| --- | --- |

(d)

Vienna-Frankfurt; and

| (e) | Vienna-Brussels. |
| --- | --- |

(e)

Vienna-Brussels.

| 7. | The Advisory Committee agrees with the Commission’s assessment that the notified transaction would not significantly impede effective competition with respect to the markets for passenger air transport on other routes. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission’s assessment that the notified transaction would not significantly impede effective competition with respect to the markets for passenger air transport on other routes.

| 8. | The Advisory Committee agrees with the Commission’s assessment that the notified transaction would not significantly impede effective competition with respect to the following markets:






  (a) | the markets for air transport of cargo; |
| --- | --- | --- |

8.

The Advisory Committee agrees with the Commission’s assessment that the notified transaction would not significantly impede effective competition with respect to the following markets:

(a)

the markets for air transport of cargo;

| (b) | the markets for wholesale supply of airline seats to tour operators; |
| --- | --- |

(b)

the markets for wholesale supply of airline seats to tour operators;

| (c) | the markets for maintenance, repair and overhaul (MRO) services; |
| --- | --- |

(c)

the markets for maintenance, repair and overhaul (MRO) services;

| (d) | the market for in-flight catering; and |
| --- | --- |

(d)

the market for in-flight catering; and

| (e) | the markets for ground-handling services. |
| --- | --- |

(e)

the markets for ground-handling services.

| 9. | The Advisory Committee agrees with the Commission that the notified transaction should be declared compatible with the common market and with the functioning of the EEA Agreement in accordance with Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement, subject to compliance with the commitments set out in the Annex to the Commission’s Decision. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission that the notified transaction should be declared compatible with the common market and with the functioning of the EEA Agreement in accordance with Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement, subject to compliance with the commitments set out in the Annex to the Commission’s Decision.

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/10 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/10

---

Final Report of the Hearing Officer in Case COMP/M.5440 — Lufthansa/Austrian Airlines

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

2010/C 16/06

On 8 May 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (Merger Regulation) by which the undertaking Deutsche Lufthansa AG (LH) acquires sole control of the undertaking Austrian Airlines (OS) by way of purchase of shares.

After examination of the notification, the Commission concluded on 1 July 2009 that the notified operation fell within the scope of the Merger Regulation and that it raised serious doubts as to its compatibility with the common market and the Agreement on the European Economic Area (EEA Agreement). The Commission therefore initiated proceedings in accordance with Article 6(1)(c) of the Merger Regulation.

LH did not request access to the key documents in the file.

LH submitted remedy proposals on 10 and 17 July 2009 with a view to rendering the concentration compatible with the common market which were considered insufficient by the Commission. On 27 July 2009 LH submitted improved commitments that were market tested by the Commission. The finalised version of the remedy proposal was sent on 31 July 2009.

The Commission has concluded that the commitments are sufficient to remove the serious doubts raised by the concentration. Accordingly, subject to the full compliance with the commitments submitted by the notifying party, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement.

No queries or submissions have been made to me by the parties or any third party. The case does not call for any particular comments as regards the right to be heard.

Brussels, 26 August 2009.

Karen WILLIAMS

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/11 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/11

---

Summary of Commission Decision

of 28 August 2009

declaring a concentration compatible with the common market and EEA Agreement

(Case COMP/M.5440 — Lufthansa/Austrian Airlines)

(notified under document C(2009) 6690 final)

(Only the English text is authentic)

(Text with EEA relevance)

2010/C 16/07

On 28 August 2009 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings
   (1), and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address:

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

I.   INTRODUCTION

| 1. | On 8 May 2009, the Commission received a notification of a proposed concentration by which the undertaking Deutsche Lufthansa AG (‘LH’) acquires sole control of the undertaking Austrian Airlines (‘OS’) by way of purchase of shares. |
| --- | --- |

1.

On 8 May 2009, the Commission received a notification of a proposed concentration by which the undertaking Deutsche Lufthansa AG (‘LH’) acquires sole control of the undertaking Austrian Airlines (‘OS’) by way of purchase of shares.

II.   EXPLANATORY MEMORANDUM

A.   The parties

| 2. | LH is the largest German airline. It provides scheduled passenger and cargo air transport and related services. It has hubs at Frankfurt International Airport and Munich airport and a base at Düsseldorf airport. LH also controls Swiss International Air Lines Ltd (‘LX’), based at Zurich airport, Air Dolomiti, Eurowings, and the low-cost carrier Germanwings. In 2009, the acquisitions by LH of sole control over British Midland (‘BMI’) (without conditions) and over Brussels Airlines (‘SN’) (subject to conditions) were approved by the Commission and implemented by LH. Both LH and LX are members of the Star Alliance. |
| --- | --- |

2.

LH is the largest German airline. It provides scheduled passenger and cargo air transport and related services. It has hubs at Frankfurt International Airport and Munich airport and a base at Düsseldorf airport. LH also controls Swiss International Air Lines Ltd (‘LX’), based at Zurich airport, Air Dolomiti, Eurowings, and the low-cost carrier Germanwings. In 2009, the acquisitions by LH of sole control over British Midland (‘BMI’) (without conditions) and over Brussels Airlines (‘SN’) (subject to conditions) were approved by the Commission and implemented by LH. Both LH and LX are members of the Star Alliance.

| 3. | OS is the largest Austrian airline with a principal hub in Vienna. It provides scheduled passenger and cargo air transport and related services. It is a member of the Star Alliance and its subsidiaries include Lauda Air and Tyrolean Airways. |
| --- | --- |

3.

OS is the largest Austrian airline with a principal hub in Vienna. It provides scheduled passenger and cargo air transport and related services. It is a member of the Star Alliance and its subsidiaries include Lauda Air and Tyrolean Airways.

B.   The transaction

| 4. | LH intends to acquire sole control over OS. On 5 December 2008, in the context of the privatisation process of OS, LH agreed to indirectly acquire a 41,56 % shareholding in OS from the publicly owned Österreichische Industrieholding Aktiengesellschaft (‘ÖIAG’). In addition, on 27 February 2009, LH launched a public offer for all remaining free-floating shares in OS, for which it received more than the required amount of declarations of acceptance. Together with the ÖIAG share LH will be able to acquire at least 85 % of the shares of OS. |
| --- | --- |

4.

LH intends to acquire sole control over OS. On 5 December 2008, in the context of the privatisation process of OS, LH agreed to indirectly acquire a 41,56 % shareholding in OS from the publicly owned Österreichische Industrieholding Aktiengesellschaft (‘ÖIAG’). In addition, on 27 February 2009, LH launched a public offer for all remaining free-floating shares in OS, for which it received more than the required amount of declarations of acceptance. Together with the ÖIAG share LH will be able to acquire at least 85 % of the shares of OS.

C.   Community dimension

| 5. | The notified concentration has a Community dimension within the meaning of Article 1(2) of the Merger Regulation. |
| --- | --- |

5.

The notified concentration has a Community dimension within the meaning of Article 1(2) of the Merger Regulation.

D.   Procedure

| 6. | Based on the results of the first phase market investigation, the Commission concluded that the proposed transaction raised serious doubts as to its compatibility with the common market due to competition concerns identified with respect to passenger air transport on several routes. On 10 June 2009 and 18 June 2009, the parties submitted commitments which, however, proved not sufficient to eliminate the serious doubts identified by the Commission. On 1 July 2009, the Commission adopted a decision to initiate proceedings under Article 6(1)(c) of the Merger Regulation. |
| --- | --- |

6.

Based on the results of the first phase market investigation, the Commission concluded that the proposed transaction raised serious doubts as to its compatibility with the common market due to competition concerns identified with respect to passenger air transport on several routes. On 10 June 2009 and 18 June 2009, the parties submitted commitments which, however, proved not sufficient to eliminate the serious doubts identified by the Commission. On 1 July 2009, the Commission adopted a decision to initiate proceedings under Article 6(1)(c) of the Merger Regulation.

| 7. | On 10 July 2009, 17 July 2009, 27 July 2009 and 31 July 2009 LH submitted further commitments in order to enable the Commission to declare the concentration compatible with the common market under Articles 8(2) and 10(2) of the Merger Regulation. The final set of commitments concerns in particular the release and transfer of a number of slots at the airports in Vienna, Stuttgart, Cologne, Munich, Frankfurt and Brussels. |
| --- | --- |

7.

On 10 July 2009, 17 July 2009, 27 July 2009 and 31 July 2009 LH submitted further commitments in order to enable the Commission to declare the concentration compatible with the common market under Articles 8(2) and 10(2) of the Merger Regulation. The final set of commitments concerns in particular the release and transfer of a number of slots at the airports in Vienna, Stuttgart, Cologne, Munich, Frankfurt and Brussels.

E.   Markets for scheduled air transport of passengers

1.   The relevant product and geographic markets

| 8. | The parties’ passenger air transport activities overlap horizontally on a number of routes which can be grouped as follows: (i) short-haul routes connecting Austria to Germany, Switzerland, Belgium and the UK with direct overlaps; and (ii) routes with direct-indirect or indirect-indirect overlaps. |
| --- | --- |

8.

The parties’ passenger air transport activities overlap horizontally on a number of routes which can be grouped as follows: (i) short-haul routes connecting Austria to Germany, Switzerland, Belgium and the UK with direct overlaps; and (ii) routes with direct-indirect or indirect-indirect overlaps.

| 9. | The market investigation confirmed the Commission’s practice in previous cases where the relevant market for scheduled air transport of passengers was based on the ‘point of origin/point of destination’ (‘O&D’) city-pair approach, whereby all substitutable airports are included in the respective points of origin and points of destination. |
| --- | --- |

9.

The market investigation confirmed the Commission’s practice in previous cases where the relevant market for scheduled air transport of passengers was based on the ‘point of origin/point of destination’ (‘O&D’) city-pair approach, whereby all substitutable airports are included in the respective points of origin and points of destination.

| 10. | The Commission further investigated the issue of airport substitutability between Vienna International Airport Schwechat and Bratislava Airport, Frankfurt International Airport and Frankfurt Hahn Airport, Cologne-Bonn Airport and Düsseldorf International Airport, and Brussels National Airport Zaventem and Brussels South Charleroi Airport. |
| --- | --- |

10.

The Commission further investigated the issue of airport substitutability between Vienna International Airport Schwechat and Bratislava Airport, Frankfurt International Airport and Frankfurt Hahn Airport, Cologne-Bonn Airport and Düsseldorf International Airport, and Brussels National Airport Zaventem and Brussels South Charleroi Airport.

| 11. | With respect to the distinction between time-sensitive and non time-sensitive passengers, the market investigation confirmed the existence of a special demand of time-sensitive passengers. The effects of the present transaction have been assessed for time-sensitive passengers, and for all passengers on a given route. |
| --- | --- |

11.

With respect to the distinction between time-sensitive and non time-sensitive passengers, the market investigation confirmed the existence of a special demand of time-sensitive passengers. The effects of the present transaction have been assessed for time-sensitive passengers, and for all passengers on a given route.

| 12. | The market investigation confirmed the Commission’s practice in previous cases that for short-haul routes (flights up to three hours) indirect flights generally do not constitute a competitive alternative to direct flights. |
| --- | --- |

12.

The market investigation confirmed the Commission’s practice in previous cases that for short-haul routes (flights up to three hours) indirect flights generally do not constitute a competitive alternative to direct flights.

2.   Treatment of alliance partners

| 13. | Both LH and OS are members of the Star Alliance. LH’s and OS’ alliance partners have not been taken into account for the determination of affected markets, since LH’s cooperation agreements will not be automatically extended to OS and vice versa. With respect to the competitive analysis on the affected markets, the relationships between the alliance partners and the impact on their incentive to compete against each other post-transaction have been assessed on a route-by-route basis. |
| --- | --- |

13.

Both LH and OS are members of the Star Alliance. LH’s and OS’ alliance partners have not been taken into account for the determination of affected markets, since LH’s cooperation agreements will not be automatically extended to OS and vice versa. With respect to the competitive analysis on the affected markets, the relationships between the alliance partners and the impact on their incentive to compete against each other post-transaction have been assessed on a route-by-route basis.

3.   Relevant counterfactual for the routes where the parties have been cooperating

| 14. | The relevant counterfactual for the assessment of the effects of the proposed transaction on competition is either (a) the pre-merger cooperation between LH and OS; or (b) the most likely future development if the proposed acquisition of OS by LH were to fail. |
| --- | --- |

14.

The relevant counterfactual for the assessment of the effects of the proposed transaction on competition is either (a) the pre-merger cooperation between LH and OS; or (b) the most likely future development if the proposed acquisition of OS by LH were to fail.

| 15. | As regards the pre-merger cooperation between the parties, in particular the cost and revenue sharing joint venture between the parties on all routes between Germany and Austria has been considered. This joint venture was initially exempted by the Commission under Article 81(3) of the EC Treaty subject to conditions. After the expiry of the exemption decision and under the new procedural rules, notably Regulation (EC) No 1/2003 (2), the parties carried out a self-assessment. The current cooperation is based on contractual agreements that can be amended or terminated at any moment which is different from the structural change that would be created by a merger. With regard to the Austria-Germany routes the present transaction would change the parties’ contractual cooperation into a permanent structural link. |
| --- | --- |

15.

As regards the pre-merger cooperation between the parties, in particular the cost and revenue sharing joint venture between the parties on all routes between Germany and Austria has been considered. This joint venture was initially exempted by the Commission under Article 81(3) of the EC Treaty subject to conditions. After the expiry of the exemption decision and under the new procedural rules, notably Regulation (EC) No 1/2003 (2), the parties carried out a self-assessment. The current cooperation is based on contractual agreements that can be amended or terminated at any moment which is different from the structural change that would be created by a merger. With regard to the Austria-Germany routes the present transaction would change the parties’ contractual cooperation into a permanent structural link.

| 16. | In case the present transaction fails, the most likely future development appears to be, on the basis of the information available to the Commission, the acquisition of OS by another airline, and more specifically by Air France-KLM. OS would then terminate its pre-merger cooperation with LH as well as its Star Alliance membership and would join Sky Team. |
| --- | --- |

16.

In case the present transaction fails, the most likely future development appears to be, on the basis of the information available to the Commission, the acquisition of OS by another airline, and more specifically by Air France-KLM. OS would then terminate its pre-merger cooperation with LH as well as its Star Alliance membership and would join Sky Team.

| 17. | On those routes where the proposed concentration does not raise serious doubts as to its compatibility with the common market this is the case under both counterfactual situations. The Commission found that the proposed concentration raises serious doubts as to its compatibility with the common market with respect to the Vienna-Stuttgart, Vienna-Cologne, Vienna-Frankfurt and Vienna-Brussels routes under both counterfactual situations and, under the Air France counterfactual, also for the Vienna-Munich route. The question of whether the creation of a permanent structural link between LH and OS as such raises serious doubts with respect to the Vienna-Munich route can be left open, as the serious doubts identified for this route under the Air France-KLM counterfactual will be removed by the commitments offered by the parties. Ultimately, for the purpose of the present case, the question of which of these two situations constitutes the relevant counterfactual for the assessment of the present transaction can therefore be left open. |
| --- | --- |

17.

On those routes where the proposed concentration does not raise serious doubts as to its compatibility with the common market this is the case under both counterfactual situations. The Commission found that the proposed concentration raises serious doubts as to its compatibility with the common market with respect to the Vienna-Stuttgart, Vienna-Cologne, Vienna-Frankfurt and Vienna-Brussels routes under both counterfactual situations and, under the Air France counterfactual, also for the Vienna-Munich route. The question of whether the creation of a permanent structural link between LH and OS as such raises serious doubts with respect to the Vienna-Munich route can be left open, as the serious doubts identified for this route under the Air France-KLM counterfactual will be removed by the commitments offered by the parties. Ultimately, for the purpose of the present case, the question of which of these two situations constitutes the relevant counterfactual for the assessment of the present transaction can therefore be left open.

4.   Route-by-route assessment

4.1.   Routes between Austria and Germany

| 18. | On the Vienna-Stuttgart route (approximately [300 000-350 000] passengers per year, out of which around [250 000-300 000] are ‘O&D’ passengers) the Commission found that OS and Germanwings actually compete with each other and that the transaction would lead to a monopoly. Hence, on the Vienna-Stuttgart route the transaction as initially notified raises serious doubts as to its compatibility with the common market.









  Airline | SS 08 figures | WS 08/09 figures |
| --- | --- | --- | --- |
| Time sensitive | All passengers | Time sensitive | All passengers |
| LH | [10-20] % | [10-20] % | [10-20] % | [10-20] % |
| OS | [10-20] % | [10-20] % | [5-10] % | [10-20] % |
| Germanwings | [60-70] % | [60-70] % | [70-80] % | [70-80] % |
| Combined | 100 % | 100 % | 100 % | 100 % |
| Source: Estimates of the notifying party on the basis of MIDT data. Unless indicated otherwise, all market shares mentioned hereinafter are MIDT data provided by the notifying party. |

18.

On the Vienna-Stuttgart route (approximately [300 000-350 000] passengers per year, out of which around [250 000-300 000] are ‘O&D’ passengers) the Commission found that OS and Germanwings actually compete with each other and that the transaction would lead to a monopoly. Hence, on the Vienna-Stuttgart route the transaction as initially notified raises serious doubts as to its compatibility with the common market.

Airline

SS 08 figures

WS 08/09 figures

Time sensitive

All passengers

Time sensitive

All passengers

LH

[10-20] %

[10-20] %

[10-20] %

[10-20] %

OS

[10-20] %

[10-20] %

[5-10] %

[10-20] %

Germanwings

[60-70] %

[60-70] %

[70-80] %

[70-80] %

Combined

100 %

100 %

100 %

100 %

Source: Estimates of the notifying party on the basis of MIDT data. Unless indicated otherwise, all market shares mentioned hereinafter are MIDT data provided by the notifying party.

| 19. | On the Vienna-Cologne route (approximately [250 000-300 000] passengers per year, out of which [250 000-300 000] are O&D passengers), the Commission found that OS and Germanwings actually compete with each other and that the merger would lead to a monopoly. TUIfly plans to start operations on this route, but as TUIfly is in the process of being divested, it is yet unclear whether and to what extent TUIfly will exercise a competitive constraint on the parties. In view of the above, on the Vienna-Cologne route the transaction as initially notified raises serious doubts as to its compatibility with the common market at least for time sensitive passengers.









  Airline | SS 08 figures | WS 08/09 figures |
| --- | --- | --- | --- |
| Time sensitive | All passengers | Time sensitive | All passengers |
| LH | [5-10] % | [0-5] % | [5-10] % | [0-5] % |
| OS | [5-10] % | [5-10] % | [5-10] % | [5-10] % |
| Germanwings | [80-90] % | [80-90] % | [80-90] % | [80-90] % |
| Others | [0-5] % | [0-5] % | 0 % | 0 % |
| Combined | 100 % | 100 % | 100 % | 100 % |

19.

On the Vienna-Cologne route (approximately [250 000-300 000] passengers per year, out of which [250 000-300 000] are O&D passengers), the Commission found that OS and Germanwings actually compete with each other and that the merger would lead to a monopoly. TUIfly plans to start operations on this route, but as TUIfly is in the process of being divested, it is yet unclear whether and to what extent TUIfly will exercise a competitive constraint on the parties. In view of the above, on the Vienna-Cologne route the transaction as initially notified raises serious doubts as to its compatibility with the common market at least for time sensitive passengers.

Airline

SS 08 figures

WS 08/09 figures

Time sensitive

All passengers

Time sensitive

All passengers

LH

[5-10] %

[0-5] %

[5-10] %

[0-5] %

OS

[5-10] %

[5-10] %

[5-10] %

[5-10] %

Germanwings

[80-90] %

[80-90] %

[80-90] %

[80-90] %

Others

[0-5] %

[0-5] %

0 %

0 %

Combined

100 %

100 %

100 %

100 %

| 20. | The Vienna-Munich route ([350 000-400 000] passengers, out of which [200 000-250 000] are O&D passengers), which is a hub-to-hub route, is operated both by LH and OS, and their competitor Niki Luftfahrt GmbH (‘Niki’). The market investigation has by and large confirmed the market share data provided by the parties. The combined market share of the parties is significant, and the constraint exercised by Niki can be considered only as limited, in particular for time-sensitive passengers. Intermodal competition by train cannot be considered a strong constraint, either. On the basis of the Air France-KLM counterfactual, the transaction would eliminate at least potential competition between the parties. Moreover, barriers to entry with respect to slots both in Vienna and in Munich are significant. In view of the above, on the Vienna-Munich route the transaction as initially notified raises serious doubts as to its compatibility with the common market under the Air France-KLM counterfactual.









  Airline | SS 08 figures | WS 08/09 figures |
| --- | --- | --- | --- |
| Time sensitive | All passengers | Time sensitive | All passengers |
| LH | [50-60] % | [30-40] % | [40-50] % | [30-40] % |
| OS | [20-30] % | [20-30] % | [20-30] % | [10-20] % |
| Combined LH+OS | [70-80] % | [50-60] % | [70-80] % | [50-60] % |
| Niki | [20-30] % | [40-50] % | [20-30] % | [30-40] % |
| Air Berlin | 0 % | 0 % | 0 % | [10-20] % |
| Others | [0-5] % | [0-5] % | [0-5] % | [0-5] % |
| Combined all | 100 % | 100 % | 100 % | 100 % |

20.

The Vienna-Munich route ([350 000-400 000] passengers, out of which [200 000-250 000] are O&D passengers), which is a hub-to-hub route, is operated both by LH and OS, and their competitor Niki Luftfahrt GmbH (‘Niki’). The market investigation has by and large confirmed the market share data provided by the parties. The combined market share of the parties is significant, and the constraint exercised by Niki can be considered only as limited, in particular for time-sensitive passengers. Intermodal competition by train cannot be considered a strong constraint, either. On the basis of the Air France-KLM counterfactual, the transaction would eliminate at least potential competition between the parties. Moreover, barriers to entry with respect to slots both in Vienna and in Munich are significant. In view of the above, on the Vienna-Munich route the transaction as initially notified raises serious doubts as to its compatibility with the common market under the Air France-KLM counterfactual.

Airline

SS 08 figures

WS 08/09 figures

Time sensitive

All passengers

Time sensitive

All passengers

LH

[50-60] %

[30-40] %

[40-50] %

[30-40] %

OS

[20-30] %

[20-30] %

[20-30] %

[10-20] %

Combined LH+OS

[70-80] %

[50-60] %

[70-80] %

[50-60] %

Niki

[20-30] %

[40-50] %

[20-30] %

[30-40] %

Air Berlin

0 %

0 %

0 %

[10-20] %

Others

[0-5] %

[0-5] %

[0-5] %

[0-5] %

Combined all

100 %

100 %

100 %

100 %

| 21. | The Vienna-Frankfurt route (with over [600 000-650 000] passengers in 2008 out of which around [400 000-450 000] are O&D passengers) is a hub-to-hub route and is operated by both LH and OS. In addition, LH code-shares on flights operated by Adria Airways, a Star Alliance member. Other competitors are Niki and Air Berlin (who code-shares on Niki’s flights). The market investigation has by and large confirmed the market share data provided by the parties. On the basis of the pre-merger counterfactual, the transaction would eliminate actual competition on the route as it would lead to Niki’s exit (Niki’s slots are leased from LH on the basis of LH’s self-assessment under Article 81 of the EC Treaty of the cost and revenue sharing joint venture, and Niki would have to hand them back in case the joint venture between LH and OS would be terminated, for instance by means of a merger). On the basis of the Air France-KLM counterfactual, the transaction would eliminate potential competition between the parties. |
| --- | --- |

21.

The Vienna-Frankfurt route (with over [600 000-650 000] passengers in 2008 out of which around [400 000-450 000] are O&D passengers) is a hub-to-hub route and is operated by both LH and OS. In addition, LH code-shares on flights operated by Adria Airways, a Star Alliance member. Other competitors are Niki and Air Berlin (who code-shares on Niki’s flights). The market investigation has by and large confirmed the market share data provided by the parties. On the basis of the pre-merger counterfactual, the transaction would eliminate actual competition on the route as it would lead to Niki’s exit (Niki’s slots are leased from LH on the basis of LH’s self-assessment under Article 81 of the EC Treaty of the cost and revenue sharing joint venture, and Niki would have to hand them back in case the joint venture between LH and OS would be terminated, for instance by means of a merger). On the basis of the Air France-KLM counterfactual, the transaction would eliminate potential competition between the parties.

| 22. | The only remaining competitor on the Vienna-Frankfurt route would be Adria Airways who would not exercise a sufficient constraint on LH/OS as also its slots in Frankfurt are leased from LH and it depends on the code-share with LH. Moreover, even if Niki is taken into account, it does not constitute a strong constraint on the parties. On this route neither flights on Bratislava-Frankfurt-Hahn nor intermodal competition by train can be considered as a sufficient constraint. The barriers to entry are particularly high, as the slot capacity in Frankfurt is exhausted during the whole day, and the presence of LH is very significant. In light of the above, it is concluded that on the Vienna-Frankfurt route the transaction as initially notified raises serious doubts as to its compatibility with the common market.









  Airline | SS 08 figures | WS 08/09 figures |
| --- | --- | --- | --- |
| Time sensitive | All passengers | Time sensitive | All passengers |
| LH | [50-60] % | [30-40] % | [50-60] % | [40-50] % |
| OS | [20-30] % | [20-30] % | [20-30] % | [20-30] % |
| Combined LH+OS | [70-80] % | [60-70] % | [70-80] % | [60-70] % |
| Adria Airways | [0-5] % | [0-5] % | [0-5] % | [0-5] % |
| Niki | [20-30] % | [20-30] % | [20-30] % | [20-30] % |
| Air Berlin | 0 % | [5-10] % | 0 % | [5-10] % |
| Others | [0-5] % | [0-5] % | [0-5] % | [0-5] % |
| Combined all | 100 % | 100 % | 100 % | 100 % |

22.

The only remaining competitor on the Vienna-Frankfurt route would be Adria Airways who would not exercise a sufficient constraint on LH/OS as also its slots in Frankfurt are leased from LH and it depends on the code-share with LH. Moreover, even if Niki is taken into account, it does not constitute a strong constraint on the parties. On this route neither flights on Bratislava-Frankfurt-Hahn nor intermodal competition by train can be considered as a sufficient constraint. The barriers to entry are particularly high, as the slot capacity in Frankfurt is exhausted during the whole day, and the presence of LH is very significant. In light of the above, it is concluded that on the Vienna-Frankfurt route the transaction as initially notified raises serious doubts as to its compatibility with the common market.

Airline

SS 08 figures

WS 08/09 figures

Time sensitive

All passengers

Time sensitive

All passengers

LH

[50-60] %

[30-40] %

[50-60] %

[40-50] %

OS

[20-30] %

[20-30] %

[20-30] %

[20-30] %

Combined LH+OS

[70-80] %

[60-70] %

[70-80] %

[60-70] %

Adria Airways

[0-5] %

[0-5] %

[0-5] %

[0-5] %

Niki

[20-30] %

[20-30] %

[20-30] %

[20-30] %

Air Berlin

0 %

[5-10] %

0 %

[5-10] %

Others

[0-5] %

[0-5] %

[0-5] %

[0-5] %

Combined all

100 %

100 %

100 %

100 %

| 23. | On other investigated routes between Austria and Germany (Vienna-Berlin, Vienna-Düsseldorf, Vienna-Hamburg, Vienna-Hanover, Vienna-Nurnberg, Munich-Linz, Vienna-Dresden, Vienna-Leipzig, Salzburg-Düsseldorf, Graz-Düsseldorf, Linz-Düsseldorf, Innsbruck-Frankfurt, Salzburg-Frankfurt, Innsbruck-Hamburg, Klagenfurt-Munich, Graz-Frankfurt, Graz-Munich, Graz-Stuttgart and Linz-Frankfurt) the transaction does not give rise to competition concerns, regardless of the counterfactual situation, as it would not significantly impede effective competition on these routes. |
| --- | --- |

23.

On other investigated routes between Austria and Germany (Vienna-Berlin, Vienna-Düsseldorf, Vienna-Hamburg, Vienna-Hanover, Vienna-Nurnberg, Munich-Linz, Vienna-Dresden, Vienna-Leipzig, Salzburg-Düsseldorf, Graz-Düsseldorf, Linz-Düsseldorf, Innsbruck-Frankfurt, Salzburg-Frankfurt, Innsbruck-Hamburg, Klagenfurt-Munich, Graz-Frankfurt, Graz-Munich, Graz-Stuttgart and Linz-Frankfurt) the transaction does not give rise to competition concerns, regardless of the counterfactual situation, as it would not significantly impede effective competition on these routes.

4.2.   Routes between Austria and Switzerland

| 24. | The transaction does not raise serious doubts as to its compatibility with the common market as it would not significantly impede effective competition on the routes between Austria and Switzerland, namely Vienna-Basel, Vienna-Geneva and Vienna-Zurich. |
| --- | --- |

24.

The transaction does not raise serious doubts as to its compatibility with the common market as it would not significantly impede effective competition on the routes between Austria and Switzerland, namely Vienna-Basel, Vienna-Geneva and Vienna-Zurich.

4.3.   Vienna-Brussels

| 25. | On the Vienna-Brussels route, some [250 000-300 000] O&D and [350 000-400 000] total passengers travelled in 2008. Besides OS and SN, SkyEurope, a low-cost carrier, operates one daily frequency on this route. SkyEurope does not constitute a strong competitive constraint on the parties. Ryanair’s flights on the Bratislava-Charleroi route cannot be considered as a sufficient competitive constraint on the merged entity. Accordingly, on the Brussels-Vienna route the transaction as initially notified raises serious doubts as to its compatibility with the common market.









  Airline | SS 08 figures | WS 08/09 figures |
| --- | --- | --- | --- |
| Time sensitive | All passengers | Time sensitive | All passengers |
| SN | [0-5] % | [20-30] % | [0-5] % | [20-30] % |
| OS | [50-60] % | [30-40] % | [60-70] % | [40-50] % |
| BMI | [0-5] % | 0 % | [0-5] % | [0-5] % |
| Combined | [50-60] % | [50-60] % | [60-70] % | [60-70] % |
| SkyEurope | [40-50] % | [40-50] % | [30-40] % | [30-40] % |
| Source: Estimates of the parties on the basis of MIDT data. The market share of the parties for SN’s time-sensitive passengers appears considerably underestimated as SN did not offer any business class tickets and SN’s flexible ‘b.flex economy+’ ticket sales are not taken into account in the parties’ estimate, while at the same time the market share of SkyEurope appears highly overestimated given that is has only one daily frequency. |

25.

On the Vienna-Brussels route, some [250 000-300 000] O&D and [350 000-400 000] total passengers travelled in 2008. Besides OS and SN, SkyEurope, a low-cost carrier, operates one daily frequency on this route. SkyEurope does not constitute a strong competitive constraint on the parties. Ryanair’s flights on the Bratislava-Charleroi route cannot be considered as a sufficient competitive constraint on the merged entity. Accordingly, on the Brussels-Vienna route the transaction as initially notified raises serious doubts as to its compatibility with the common market.

Airline

SS 08 figures

WS 08/09 figures

Time sensitive

All passengers

Time sensitive

All passengers

SN

[0-5] %

[20-30] %

[0-5] %

[20-30] %

OS

[50-60] %

[30-40] %

[60-70] %

[40-50] %

BMI

[0-5] %

0 %

[0-5] %

[0-5] %

Combined

[50-60] %

[50-60] %

[60-70] %

[60-70] %

SkyEurope

[40-50] %

[40-50] %

[30-40] %

[30-40] %

Source: Estimates of the parties on the basis of MIDT data. The market share of the parties for SN’s time-sensitive passengers appears considerably underestimated as SN did not offer any business class tickets and SN’s flexible ‘b.flex economy+’ ticket sales are not taken into account in the parties’ estimate, while at the same time the market share of SkyEurope appears highly overestimated given that is has only one daily frequency.

4.4.   Vienna-London

| 26. | The transaction does not raise serious doubts as to its compatibility with the common market as it would not significantly impede effective competition on the Vienna-London route. |
| --- | --- |

26.

The transaction does not raise serious doubts as to its compatibility with the common market as it would not significantly impede effective competition on the Vienna-London route.

4.5.   Direct-indirect and indirect-indirect overlaps

| 27. | The transaction does not raise serious doubts as to its compatibility with the common market as it would not significantly impede effective competition on any routes with direct-indirect or indirect-indirect overlaps between the parties. |
| --- | --- |

27.

The transaction does not raise serious doubts as to its compatibility with the common market as it would not significantly impede effective competition on any routes with direct-indirect or indirect-indirect overlaps between the parties.

5.   Conclusion

| 28. | In view of all these circumstances, the Commission concluded that the concentration, as originally notified raises serious doubts as to its compatibility with the common market because it would likely lead to a significant impediment to effective competition on the Vienna-Stuttgart, Vienna-Cologne, Vienna-Munich, Vienna-Frankfurt and Vienna-Brussels routes. The transaction does not raise competition concerns on the other affected routes. |
| --- | --- |

28.

In view of all these circumstances, the Commission concluded that the concentration, as originally notified raises serious doubts as to its compatibility with the common market because it would likely lead to a significant impediment to effective competition on the Vienna-Stuttgart, Vienna-Cologne, Vienna-Munich, Vienna-Frankfurt and Vienna-Brussels routes. The transaction does not raise competition concerns on the other affected routes.

F.   Other affected markets

| 29. | With respect to horizontally affected markets for the air transport of cargo and for the sale of airline seats to tour operators, the Commission concluded that the proposed transaction does not significantly impede effective competition on any of these markets. |
| --- | --- |

29.

With respect to horizontally affected markets for the air transport of cargo and for the sale of airline seats to tour operators, the Commission concluded that the proposed transaction does not significantly impede effective competition on any of these markets.

| 30. | With respect to vertically affected markets for maintenance, repair and overhaul (MRO) services, in-flight catering, and ground handling services, the Commission concluded that the proposed transaction does not significantly impede effective competition on any of these markets. |
| --- | --- |

30.

With respect to vertically affected markets for maintenance, repair and overhaul (MRO) services, in-flight catering, and ground handling services, the Commission concluded that the proposed transaction does not significantly impede effective competition on any of these markets.

G.   Impact of State aid granted to OS on effective competition

| 31. | OS is currently encountering financial difficulties. On 19 January 2009, the Commission approved rescue aid in the form of a 100 % guarantee on a loan amounting to EUR 200 million for OS. Parallel to the assessment of the transaction under the Merger Regulation, the Commission has assessed the conditions of LH’s intended acquisition of Austria’s shareholding in OS and a EUR 500 million capital increase, which ÖIAG intends to provide to OS, under the State aid rules of the Treaty. |
| --- | --- |

31.

OS is currently encountering financial difficulties. On 19 January 2009, the Commission approved rescue aid in the form of a 100 % guarantee on a loan amounting to EUR 200 million for OS. Parallel to the assessment of the transaction under the Merger Regulation, the Commission has assessed the conditions of LH’s intended acquisition of Austria’s shareholding in OS and a EUR 500 million capital increase, which ÖIAG intends to provide to OS, under the State aid rules of the Treaty.

H.   Proposed commitments

| 32. | LH submitted commitments to offer slots, free of charge, within 20 minutes of the requested time, at the airports in Vienna, Stuttgart, Cologne, Munich, Frankfurt and Brussels on each of the five routes on which the Commission identified serious doubts (Identified City Pairs): up to three frequencies per day on the Vienna-Stuttgart route, up to three frequencies per day on the Vienna-Cologne route (but not more than 18 frequencies per week), up to four frequencies per day on the Vienna-Munich route, up to five frequencies per day on the Vienna-Frankfurt route, and up to four frequencies per day on the Vienna-Brussels route (but not more than 24 frequencies per week). Existing slots of competitors may be counted against the number of slots to be made available. |
| --- | --- |

32.

LH submitted commitments to offer slots, free of charge, within 20 minutes of the requested time, at the airports in Vienna, Stuttgart, Cologne, Munich, Frankfurt and Brussels on each of the five routes on which the Commission identified serious doubts (Identified City Pairs): up to three frequencies per day on the Vienna-Stuttgart route, up to three frequencies per day on the Vienna-Cologne route (but not more than 18 frequencies per week), up to four frequencies per day on the Vienna-Munich route, up to five frequencies per day on the Vienna-Frankfurt route, and up to four frequencies per day on the Vienna-Brussels route (but not more than 24 frequencies per week). Existing slots of competitors may be counted against the number of slots to be made available.

| 33. | On the Vienna-Frankfurt and Vienna-Munich routes, Niki shall be able to exchange its current slots for slots at different times, and on the Vienna-Frankfurt route, it shall be entitled to acquire grandfathering rights for the slots it currently leases from LH. The proposed commitments provide also for a slot allocation procedure that facilitates the schedule planning of new entrants. The new entrant (except for Star Alliance members as new entrants) will obtain grandfather rights over the slots once it has operated on the relevant Identified City Pair(s) during two full consecutive IATA Seasons except for the Vienna-Frankfurt route, on which the operation during eight consecutive IATA seasons is required. The commitments further offer a new entrant the possibility to enter into a special prorate and code-share agreement allowing it to place its codes on flights with a true origin and destination in either Austria, Germany and/or Belgium, provided that part of the journey involves the Identified City Pairs; and the possibility to conclude interlining and intermodal agreements, as well as frequent flyer programme access agreements. |
| --- | --- |

33.

On the Vienna-Frankfurt and Vienna-Munich routes, Niki shall be able to exchange its current slots for slots at different times, and on the Vienna-Frankfurt route, it shall be entitled to acquire grandfathering rights for the slots it currently leases from LH. The proposed commitments provide also for a slot allocation procedure that facilitates the schedule planning of new entrants. The new entrant (except for Star Alliance members as new entrants) will obtain grandfather rights over the slots once it has operated on the relevant Identified City Pair(s) during two full consecutive IATA Seasons except for the Vienna-Frankfurt route, on which the operation during eight consecutive IATA seasons is required. The commitments further offer a new entrant the possibility to enter into a special prorate and code-share agreement allowing it to place its codes on flights with a true origin and destination in either Austria, Germany and/or Belgium, provided that part of the journey involves the Identified City Pairs; and the possibility to conclude interlining and intermodal agreements, as well as frequent flyer programme access agreements.

I.   Assessment of the proposed commitments

| 34. | The commitments submitted by the Parties constitute a comprehensive package which takes into consideration past experience with remedies in merger cases in the aviation sector. The commitments take account of the fact that slot congestion is an important entry barrier on the problematic routes in this case. In light of this, they are designed to remove this barrier and foster entry on the routes where competition concerns have been identified. |
| --- | --- |

34.

The commitments submitted by the Parties constitute a comprehensive package which takes into consideration past experience with remedies in merger cases in the aviation sector. The commitments take account of the fact that slot congestion is an important entry barrier on the problematic routes in this case. In light of this, they are designed to remove this barrier and foster entry on the routes where competition concerns have been identified.

| 35. | The commitments were market tested with customers and competitors of the parties and other market participants. The large majority of respondents to the market test confirmed that the proposed commitments would overall sufficiently facilitate entry or expansion on the Identified City Pairs and would solve the competition concerns raised by the proposed concentration. Three respondents to the market test replied that they would consider entry into the Identified City Pairs. The Commission concluded that the commitments are likely to lead to entry or expansion by one or several airlines on the Identified City Pairs in a timely manner, and thereby constrain the merged entity and remove the serious doubts identified. |
| --- | --- |

35.

The commitments were market tested with customers and competitors of the parties and other market participants. The large majority of respondents to the market test confirmed that the proposed commitments would overall sufficiently facilitate entry or expansion on the Identified City Pairs and would solve the competition concerns raised by the proposed concentration. Three respondents to the market test replied that they would consider entry into the Identified City Pairs. The Commission concluded that the commitments are likely to lead to entry or expansion by one or several airlines on the Identified City Pairs in a timely manner, and thereby constrain the merged entity and remove the serious doubts identified.

J.   Conclusion

| 36. | The concentration as originally notified would significantly impede effective competition in the common market or in a substantial part of the common market. The notifying party, however, submitted a set of remedies to remove the competition concerns identified. The Commission therefore concluded that the concentration as modified by the commitments would not lead to a significant impediment to effective competition, subject to the implementation of the commitments submitted by the notifying party. |
| --- | --- |

36.

The concentration as originally notified would significantly impede effective competition in the common market or in a substantial part of the common market. The notifying party, however, submitted a set of remedies to remove the competition concerns identified. The Commission therefore concluded that the concentration as modified by the commitments would not lead to a significant impediment to effective competition, subject to the implementation of the commitments submitted by the notifying party.

| 37. | Consequently, the concentration is compatible with the common market and the functioning of the EEA Agreement pursuant to Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement, subject to compliance with the commitments set out in the Annex to the Commission’s Decision. |
| --- | --- |

37.

Consequently, the concentration is compatible with the common market and the functioning of the EEA Agreement pursuant to Article 8(2) of the Merger Regulation and Article 57 of the EEA Agreement, subject to compliance with the commitments set out in the Annex to the Commission’s Decision.

---

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

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/17 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/17

---

Summary of Commission Decision

of 3 August 2009

repealing Commission Decision C(2006) 412 of 15 February 2006

(notified under document C(2009) 6055 final)

(Only the English text is authentic)

(Text with EEA relevance)

2010/C 16/08

On 15 February 2006, the Commission adopted a decision relating to a sanction imposed on Sellafield Limited (then called British Nuclear Group Sellafield Limited) pursuant to Article 83(1)(a) of the Euratom Treaty (‘the 2006 Decision’). The Commission herewith publishes the main content of the decision of 3 August 2009, without prejudice to the full effect of the decision itself.

| (1) | In accordance with Chapter VII of the Euratom Treaty, the Commission controls the accounting of nuclear materials in the Community. The 2006 Decision was limited to issues of the adequacy of the accounting and reporting procedures in place at the Sellafield site. |
| --- | --- |

(1)

In accordance with Chapter VII of the Euratom Treaty, the Commission controls the accounting of nuclear materials in the Community. The 2006 Decision was limited to issues of the adequacy of the accounting and reporting procedures in place at the Sellafield site.

| (2) | The sanction, a warning, was imposed with the understanding that Sellafield Limited demonstrate within a specified period, following the publication of the 2006 Decision, that it had implemented adequate and robust remedies against the failures and the sources of infringements identified and that it had put in place appropriate measures to continuously improve the quality and the performance of its system of accounting for and control of nuclear materials. |
| --- | --- |

(2)

The sanction, a warning, was imposed with the understanding that Sellafield Limited demonstrate within a specified period, following the publication of the 2006 Decision, that it had implemented adequate and robust remedies against the failures and the sources of infringements identified and that it had put in place appropriate measures to continuously improve the quality and the performance of its system of accounting for and control of nuclear materials.

| (3) | The warning was imposed with the understanding that Sellafield Limited demonstrates within a further specified period that the implemented remedies had achieved the envisaged effects. |
| --- | --- |

(3)

The warning was imposed with the understanding that Sellafield Limited demonstrates within a further specified period that the implemented remedies had achieved the envisaged effects.

| (4) | At the end of a specified period, starting on the date of publication of the 2006 Decision, Sellafield Limited was asked to provide the Commission with a report including detail of the remedies implemented. |
| --- | --- |

(4)

At the end of a specified period, starting on the date of publication of the 2006 Decision, Sellafield Limited was asked to provide the Commission with a report including detail of the remedies implemented.

| (5) | At the end of a further specified period Sellafield Limited was asked to provide the Commission with a report including detail of specific outcomes achieved by the remedies implemented. |
| --- | --- |

(5)

At the end of a further specified period Sellafield Limited was asked to provide the Commission with a report including detail of specific outcomes achieved by the remedies implemented.

| (6) | On 27 April 2006, Sellafield Limited lodged an application with the Court of First Instance of the European Communities (CFI) requesting the annulment of the Commission Decision of 15 February 2006. Pursuant to Article 83(2), second subparagraph of the Euratom Treaty, the legal effects of the Commission Decision of 15 February 2006 were accordingly suspended upon the lodging of the application with the CFI. |
| --- | --- |

(6)

On 27 April 2006, Sellafield Limited lodged an application with the Court of First Instance of the European Communities (CFI) requesting the annulment of the Commission Decision of 15 February 2006. Pursuant to Article 83(2), second subparagraph of the Euratom Treaty, the legal effects of the Commission Decision of 15 February 2006 were accordingly suspended upon the lodging of the application with the CFI.

| (7) | The Commission services and Sellafield Limited agreed to stay the proceedings before the CFI in order to explore an agreed solution to the Commission’s concerns as an alternative to litigation. |
| --- | --- |

(7)

The Commission services and Sellafield Limited agreed to stay the proceedings before the CFI in order to explore an agreed solution to the Commission’s concerns as an alternative to litigation.

| (8) | Sellafield Limited and the Commission services held regular meetings in order to establish the required improvements of nuclear safeguards procedures on the Sellafield site and agreed a Target Achievements programme, highlighting tangible improvements to be implemented by Sellafield Limited in relation to nuclear safeguards requirements on the Sellafield site. |
| --- | --- |

(8)

Sellafield Limited and the Commission services held regular meetings in order to establish the required improvements of nuclear safeguards procedures on the Sellafield site and agreed a Target Achievements programme, highlighting tangible improvements to be implemented by Sellafield Limited in relation to nuclear safeguards requirements on the Sellafield site.

| (9) | Sellafield Limited also submitted an amended version of a document known as the ‘Sellafield Safeguards Improvement Programme’ (SSIP). The SSIP is the existing programme established on the Sellafield site that also serves as a vehicle, inter alia, for the execution and the technical follow up of the activities defined in the Target Achievements programme. |
| --- | --- |

(9)

Sellafield Limited also submitted an amended version of a document known as the ‘Sellafield Safeguards Improvement Programme’ (SSIP). The SSIP is the existing programme established on the Sellafield site that also serves as a vehicle, inter alia, for the execution and the technical follow up of the activities defined in the Target Achievements programme.

| (10) | Meetings have taken place on a regular basis between the Commission services and Sellafield Limited to review progress in relation to the Target Achievements programme and the SSIP respectively. |
| --- | --- |

(10)

Meetings have taken place on a regular basis between the Commission services and Sellafield Limited to review progress in relation to the Target Achievements programme and the SSIP respectively.

| (11) | The analysis and on-site verification by the Commission services of the final management report on the completion of the Target Achievements programme have shown that the necessary steps have been taken by Sellafield Limited to redress the concerns which led the Commission to take the 2006 Decision. |
| --- | --- |

(11)

The analysis and on-site verification by the Commission services of the final management report on the completion of the Target Achievements programme have shown that the necessary steps have been taken by Sellafield Limited to redress the concerns which led the Commission to take the 2006 Decision.

| (12) | Consequently, the Commission considered it appropriate in the given circumstances to repeal the 2006 Decision containing the warning to Sellafield Limited. It also took note that Sellafield Limited would continue to implement the SSIP. The Commission also intended to follow-up the implementation of the targets also after the adoption of this Decision, through the routine activities foreseen in Chapter 7 of the Euratom Treaty. |
| --- | --- |

(12)

Consequently, the Commission considered it appropriate in the given circumstances to repeal the 2006 Decision containing the warning to Sellafield Limited. It also took note that Sellafield Limited would continue to implement the SSIP. The Commission also intended to follow-up the implementation of the targets also after the adoption of this Decision, through the routine activities foreseen in Chapter 7 of the Euratom Treaty.

| (13) | Commission Decision C(2006) 412 of 15 February 2006 was repealed and the repealing decision was communicated to the addressee, Sellafield Limited, and to the United Kingdom. |
| --- | --- |

(13)

Commission Decision C(2006) 412 of 15 February 2006 was repealed and the repealing decision was communicated to the addressee, Sellafield Limited, and to the United Kingdom.

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/19 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/19

---

Commission communication in the framework of the implementation of Commission Regulation (EC) No 643/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances

(Text with EEA relevance)

2010/C 16/09

1.   Publication of titles and references of transitional methods of measurement (1) for the implementation of Regulation (EC) No 643/2009 and, in particular, Annex III thereof.

| Measured parameter | Organisation | Reference | Title |
| --- | --- | --- | --- |
| Terms, definitions, symbols and classification | CEN | Clauses 3 and 4 of EN 153. Where Clauses 3 and 4 of EN 153 conflict with the definitions set out in Article 2 and Annex I of Regulation (EC) No 643/2009, then that Regulation shall prevail. | Methods of measuring the energy consumption of electric mains operated household refrigerators, frozen food storage cabinets, food freezers and their combinations, together with associated characteristics |
| General test conditions | CEN | Clause 8 of EN 153. Where Clause 8 of EN 153 conflicts with the conditions set out in Annex III, Part 1 to Regulation (EC) No 643/2009, then that Regulation shall prevail. |
| Collection and disposal of defrost water | CEN | Clause 5 of EN 153 |
| Storage temperatures | CEN | Clauses 6 and 13 of EN 153. Where Clauses 6 and 13 of EN 153 conflict with Table 4 in Annex IV to Regulation (EC) No 643/2009, then that Regulation shall prevail. |
| Determination of linear dimensions, volumes and areas | CEN | Clause 7 of EN 153 |
| Energy consumption | CEN | Clause 15 of EN 153 |
| Temperature rise time | CEN | Clause 16 of EN 153 |
| Freezing capacity | CEN | Clause 17 of EN 153 |
| Built-in refrigerating appliances | CEN | Annex D to EN 153 |
| Rated characteristics and control procedure | CEN | Annex E to EN 153. Where Annex E to EN 153 conflicts with Table 1 of Annex V to Regulation (EC) No 643/2009, then that Regulation shall prevail. |
| Elements for the test report, marking | CEN | Clauses 20 and 21 of EN 153 |
| Noise | International Electro-technical Commission | IEC 60704-2-14 | Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 2-14: Particular requirements for refrigerators, frozen-food storage cabinets and food freezers |
| Power consumption | European Commission | Regulation (EC) No 1275/2008 | Commission Regulation (EC) No 1275/2008 of 17 December 2008 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for standby and off mode electric power consumption of electrical and electronic household and office equipment |
| Wine storage compartment humidity | European Commission | Part 2(d) of this communication | Measurement method for wine storage appliances |

Measured parameter

Organisation

Reference

Title

Terms, definitions, symbols and classification

CEN

Clauses 3 and 4 of EN 153. Where Clauses 3 and 4 of EN 153 conflict with the definitions set out in Article 2 and Annex I of Regulation (EC) No 643/2009, then that Regulation shall prevail.

Methods of measuring the energy consumption of electric mains operated household refrigerators, frozen food storage cabinets, food freezers and their combinations, together with associated characteristics

General test conditions

CEN

Clause 8 of EN 153. Where Clause 8 of EN 153 conflicts with the conditions set out in Annex III, Part 1 to Regulation (EC) No 643/2009, then that Regulation shall prevail.

Collection and disposal of defrost water

CEN

Clause 5 of EN 153

Storage temperatures

CEN

Clauses 6 and 13 of EN 153. Where Clauses 6 and 13 of EN 153 conflict with Table 4 in Annex IV to Regulation (EC) No 643/2009, then that Regulation shall prevail.

Determination of linear dimensions, volumes and areas

CEN

Clause 7 of EN 153

Energy consumption

CEN

Clause 15 of EN 153

Temperature rise time

CEN

Clause 16 of EN 153

Freezing capacity

CEN

Clause 17 of EN 153

Built-in refrigerating appliances

CEN

Annex D to EN 153

Rated characteristics and control procedure

CEN

Annex E to EN 153. Where Annex E to EN 153 conflicts with Table 1 of Annex V to Regulation (EC) No 643/2009, then that Regulation shall prevail.

Elements for the test report, marking

CEN

Clauses 20 and 21 of EN 153

Noise

International Electro-technical Commission

IEC 60704-2-14

Household and similar electrical appliances — Test code for the determination of airborne acoustical noise — Part 2-14: Particular requirements for refrigerators, frozen-food storage cabinets and food freezers

Power consumption

European Commission

Regulation (EC) No 1275/2008

Commission Regulation (EC) No 1275/2008 of 17 December 2008 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for standby and off mode electric power consumption of electrical and electronic household and office equipment

Wine storage compartment humidity

European Commission

Part 2(d) of this communication

Measurement method for wine storage appliances

2.   Measurement method for wine storage appliances

(a)   General test conditions:

| — | the duration of the test period is defined in accordance with clause 8 of EN 153, |
| --- | --- |

—

the duration of the test period is defined in accordance with clause 8 of EN 153,

| — | the variation over time of the storage temperature is measured three times as follows: the first measurement is performed at the lowest prescribed ambient temperature of the climate class(es) of the wine storage appliance, the second measurement is performed at an ambient temperature of + 25 °C and the third at the highest prescribed ambient temperature of the climate class(es) of the wine storage appliance, |
| --- | --- |

—

the variation over time of the storage temperature is measured three times as follows: the first measurement is performed at the lowest prescribed ambient temperature of the climate class(es) of the wine storage appliance, the second measurement is performed at an ambient temperature of + 25 °C and the third at the highest prescribed ambient temperature of the climate class(es) of the wine storage appliance,

| — | the measurement of the active or passive control of the compartment humidity is performed with an ambient humidity between 50 % and 75 % at an ambient temperature of + 25 °C, |
| --- | --- |

—

the measurement of the active or passive control of the compartment humidity is performed with an ambient humidity between 50 % and 75 % at an ambient temperature of + 25 °C,

| — | the measurements of the active or passive control of the compartment humidity and of the variation over time of the storage temperature at an ambient temperature of + 25 °C may be done simultaneously, |
| --- | --- |

—

the measurements of the active or passive control of the compartment humidity and of the variation over time of the storage temperature at an ambient temperature of + 25 °C may be done simultaneously,

| — | the average storage temperature of each compartment (twma
  ) is set at + 12 °C or the nearest colder temperature. |
| --- | --- |

—

the average storage temperature of each compartment (twma
  ) is set at + 12 °C or the nearest colder temperature.

(b)   The average storage temperature (twma
  ) of each compartment is calculated as follows:

Formula

where:

—   twim= integrated time average of the instantaneous temperature value of one package of 500 g of food simulant (M-package) placed at the measurement point(s) (Twi
  ) in compliance with Figure 1

—   n= number of food simulant (M-packages) placed at the measurement point(s) (Twi
  ), 1 ≤ n ≤ 3

(c)   The variation over time of the storage temperature(s), hereafter referred to as the ‘temperature amplitude’, is measured at each measurement point (Twi
  ) in compliance with Figure 1. It is calculated as the average of the differences between the warmest and coldest instantaneous temperature values (twi
  ) measured between two successive stops of the refrigerating system over the duration of the test period. If no successive stops of the refrigerating system can be identified then sequential periods of 4 hours must be considered.

The variation over time of the storage temperature(s) is considered to meet the 0,5 K feature listed in Annex I, point (n)(ii) to Regulation (EC) No 643/2009 where the average(s) of all temperature amplitudes at each measurement point (Twi
  ) is less than 0,5 K in the three tested ambient temperatures.

(d)   The relative humidity of each compartment (Hwm
  ) is measured in percentage and rounded to the nearest integer, as follows:

| — | H
  wm

  is measured by using a humidity sensor located at the measurement point (Tw2
  ) in compliance with Figure 1, |
| --- | --- |

—

H
  wm

  is measured by using a humidity sensor located at the measurement point (Tw2
  ) in compliance with Figure 1,

| — | for wine storage appliances with a single door but split by fixed or adjustable dividers into separate compartments each with independent temperature control, Hwm
  is measured for each compartment in compliance with Figure 1, |
| --- | --- |

—

for wine storage appliances with a single door but split by fixed or adjustable dividers into separate compartments each with independent temperature control, Hwm
  is measured for each compartment in compliance with Figure 1,

| — | the active or passive control of the compartment humidity is considered to meet the range from 50 % to 80 % as listed in Annex I, point (n)(iii) to Regulation (EC) No 643/2009 where the measured relative humidity (Hwm
  ) remains between 50 % and 80 % over the duration of the test period, |
| --- | --- |

—

the active or passive control of the compartment humidity is considered to meet the range from 50 % to 80 % as listed in Annex I, point (n)(iii) to Regulation (EC) No 643/2009 where the measured relative humidity (Hwm
  ) remains between 50 % and 80 % over the duration of the test period,

| — | if the height of the compartment or sub-compartment (hw
  ) is less than 400 mm (Figure 1), Hwm
  is not measured for that compartment or sub-compartment. |
| --- | --- |

—

if the height of the compartment or sub-compartment (hw
  ) is less than 400 mm (Figure 1), Hwm
  is not measured for that compartment or sub-compartment.

Figure 1: Measurements points (T
  wi

  ) in wine storage compartment(s)

(dimensions in millimetres)

| Front view | Side view |
| --- | --- |
| |

Front view

Side view

Image

Where:

—   hw= height in millimetres of the wine storage compartment

—   D1 and D2= distance between the reference lines used for determining the net volume

| — | If there is a drawer, the shelf above that drawer is placed at the lowest possible position as illustrated in point 1 of Figure 1. |
| --- | --- |

—

If there is a drawer, the shelf above that drawer is placed at the lowest possible position as illustrated in point 1 of Figure 1.

| — | The temperature measurement point(s) (Twi
  ) must be placed equidistant of the sides of the compartment at D1/2 or D2/2 as illustrated in Figure 1. |
| --- | --- |

—

The temperature measurement point(s) (Twi
  ) must be placed equidistant of the sides of the compartment at D1/2 or D2/2 as illustrated in Figure 1.

| — | The humidity measurement point must be placed near Tw2
  with an accuracy of 100 mm as illustrated in point 2 of Figure 1. |
| --- | --- |

—

The humidity measurement point must be placed near Tw2
  with an accuracy of 100 mm as illustrated in point 2 of Figure 1.

| — | If hw > 400, three temperature measurement points (Tw1
  , Tw2
  and Tw3
  ) are used. |
| --- | --- |

—

If hw > 400, three temperature measurement points (Tw1
  , Tw2
  and Tw3
  ) are used.

| — | If 300 < hw ≤ 400, two temperature measurement points (Tw1
  and Tw3
  ) are used. |
| --- | --- |

—

If 300 < hw ≤ 400, two temperature measurement points (Tw1
  and Tw3
  ) are used.

| — | If hw ≤ 300 mm, only one temperature measurement point (Tw2
  ) is used. |
| --- | --- |

—

If hw ≤ 300 mm, only one temperature measurement point (Tw2
  ) is used.

---

(1)  It is intended that these transitional methods will ultimately be replaced by harmonised standard(s). When available, reference(s) to the harmonised standard(s) will be published in the Official Journal of the European Union in accordance with Articles 9 and 10 of Directive 2009/125/EC.

---

NOTICES FROM MEMBER STATES

| 22.1.2010 | EN | Official Journal of the European Union | C 16/24 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/24

---

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 Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 16/10

| Reference number of State Aid | X 798/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | 421-40306-BY/0009 |
| Name of the Region (NUTS) | Bayern
  Article 87(3)(c) |
| Granting authority | Technologie- und Förderzentrum im Kompetenzzentrum für Nachwachsende Rohstoffe (TFZ) |
| Schulgasse 18 |
| 94315 Straubing |
| DEUTSCHLAND |
| http://www.tfz.bayern.de/ |

Reference number of State Aid

X 798/09

Member State

Germany

Member State reference number

421-40306-BY/0009

Name of the Region (NUTS)

Bayern

Article 87(3)(c)

Granting authority

Technologie- und Förderzentrum im Kompetenzzentrum für Nachwachsende Rohstoffe (TFZ)

Schulgasse 18

94315 Straubing

DEUTSCHLAND

http://www.tfz.bayern.de/

Title of the aid measure

Bayern: Förderung von Forschungsvorhaben der energetischen und stofflichen Nutzung von Biomasse im Rahmen des „Gesamtkonzeptes Nachwachsende Rohstoffe“ in Bayern

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

| — | Artikel 23 und 44 der Bayer. Haushaltsordnung und die Verwaltungsvorschriften hierzu |
| --- | --- |

—

Artikel 23 und 44 der Bayer. Haushaltsordnung und die Verwaltungsvorschriften hierzu

| — | Grundsätze zur Förderung von Forschungsvorhaben der energetischen und stofflichen Nutzung von Biomasse im Rahmen des „Gesamtkonzeptes Nachwachsende Rohstoffe“ in Bayern auf der Grundlage der Verordnung (EG) Nr. 800/2008 der Kommission vom 6. August 2008 zur Erklärung der Vereinbarkeit bestimmter Gruppen von Beihilfen mit dem Gemeinsamen Markt in Anwendung der Artikel 87 und 88 des EG-Vertrags |
| --- | --- |

—

Grundsätze zur Förderung von Forschungsvorhaben der energetischen und stofflichen Nutzung von Biomasse im Rahmen des „Gesamtkonzeptes Nachwachsende Rohstoffe“ in Bayern auf der Grundlage der Verordnung (EG) Nr. 800/2008 der Kommission vom 6. August 2008 zur Erklärung der Vereinbarkeit bestimmter Gruppen von Beihilfen mit dem Gemeinsamen Markt in Anwendung der Artikel 87 und 88 des EG-Vertrags

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.10.2009-31.12.2013

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

EUR 4,00 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 %

Fundamental research (Article 31(2)(a))

100 %

—

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

50 %

10 %

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

25 %

10 %

Aid for technical feasibility studies (Article 32)

65 %

—

Web link to the full text of the aid measure:

http://www.stmelf.bayern.de/agrarpolitik/programme/26373/grunds_fue.pdf

| Reference number of State Aid | X 967/09 |
| --- | --- |
| Member State | Lithuania |
| Member State reference number | LT |
| Name of the Region (NUTS) | Lithuania
  Article 87(3)(a) |
| Granting authority | Lietuvos Respublikos ūkio ministerija |
| Gedimino pr. 38/2 |
| LT-01104 Vilnius |
| LIETUVA/LITHUANIA |
| http://www.ukmin.lt |

Reference number of State Aid

X 967/09

Member State

Lithuania

Member State reference number

LT

Name of the Region (NUTS)

Lithuania

Article 87(3)(a)

Granting authority

Lietuvos Respublikos ūkio ministerija

Gedimino pr. 38/2

LT-01104 Vilnius

LIETUVA/LITHUANIA

http://www.ukmin.lt

Title of the aid measure

Ekonomikos augimo veiksmų programos II prioriteto „Verslo produktyvumo didinimas ir aplinkos verslui gerinimas“ VP2-2.2-ŪM-02-V priemonė „Asistentas-2“

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

Lietuvos Respublikos ūkio ministro 2009 m. spalio 8 d. įsakymas Nr. 4-485 „Dėl VP2-2.2-ŪM-02-V priemonės „Asistentas-2“ projektų finansavimo sąlygų aprašo patvirtinimo“ (Žin., 2009, Nr. 123-5292)

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

8.10.2009-31.12.2013

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

LTL 15,00 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission Decision

—

If co-financed by Community funds

Lietuvos Respublikos Vyriausybės 2008 m. liepos 23 d. nutarimas Nr. 788 Dėl Ekonomikos augimo veiksmų programos patvirtinimo – 60,00 LTL (mln.)

Objectives

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

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

50 %

20 %

Web link to the full text of the aid measure:

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=355020&p_query=&p_tr2=

| Reference number of State Aid | X 969/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Oldenburg (Old.), Landkr
  Article 87(3)(a) |
| Granting authority | NBank |
| Günther-Wagner-Allee 12—16 |
| 30177 Hannover |
| DEUTSCHLAND |
| http://www.nbank.de |

Reference number of State Aid

X 969/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Oldenburg (Old.), Landkr

Article 87(3)(a)

Granting authority

NBank

Günther-Wagner-Allee 12—16

30177 Hannover

DEUTSCHLAND

http://www.nbank.de

Title of the aid measure

Zuwendung zur Förderung der Integration von Frauen in den Arbeitsmarkt (FIFA) — für Stadt Oldenburg, Stau 73, 26105 Oldenburg

Projekt: EFA

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

Richtlinie über die Gewährung von Zuwendungen zur Förderung der Integration von Frauen in den Arbeitsmarkt (FIFA) — MBl. 2007, Nr. 49, Seite 1399

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2010-31.12.2011

Economic sector(s) concerned

All economic sectors eligible to receive aid

Type of beneficiary

Large enterprise

Annual overall amount of the budget planned under the scheme

EUR 0,04 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 %

General training (Article 38(2))

60 %

10 %

Web link to the full text of the aid measure:

http://www.ms.niedersachsen.de

| Reference number of State Aid | X 970/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Osnabrueck, Landkr
  Article 87(3)(a) |
| Granting authority | NBank |
| Günther-Wagner-Allee 12—16 |
| 30177 Hannover |
| DEUTSCHLAND |
| http://www.nbank.de |

Reference number of State Aid

X 970/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Osnabrueck, Landkr

Article 87(3)(a)

Granting authority

NBank

Günther-Wagner-Allee 12—16

30177 Hannover

DEUTSCHLAND

http://www.nbank.de

Title of the aid measure

Zuwendung zur Förderung der Integration von Frauen in den Arbeitsmarkt (FIFA) — für Unternehmerverband Einzelhandel Osnabrück-Emsland e.V., Herrenteichstr. 5, 49074 Osnabrück

Projekt: PRIMA

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

Richtlinie über die Gewährung von Zuwendungen zur Förderung der Integration von Frauen in den Arbeitsmarkt (FIFA) — MBl. 2007, Nr. 49, Seite 1399

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2010-30.6.2011

Economic sector(s) concerned

Whole sale and retail trade; repair of motor vehicles and motorcycles

Type of beneficiary

Large enterprise

Annual overall amount of the budget planned under the scheme

EUR 0,11 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 %

General training (Article 38(2))

60 %

10 %

Web link to the full text of the aid measure:

http://www.ms.niedersachsen.de

| Reference number of State Aid | X 971/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Braunschweig, Krfr.St.
  Article 87(3)(a) |
| Granting authority | NBank |
| Günther-Wagner-Allee 12—16 |
| 30177 Hannover |
| DEUTSCHLAND |
| http://www.nbank.de |

Reference number of State Aid

X 971/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Braunschweig, Krfr.St.

Article 87(3)(a)

Granting authority

NBank

Günther-Wagner-Allee 12—16

30177 Hannover

DEUTSCHLAND

http://www.nbank.de

Title of the aid measure

Zuwendung zur Förderung der Integration von Frauen in den Arbeitsmarkt (FIFA) — für Bildungswerk ver.di, Julius-Konegen-Str. 24 b, 38114 Braunschweig

Projekt: „AFA — Aufstieg für Frauen in der Altenpflege“

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

Richtlinie über die Gewährung von Zuwendungen zur Förderung der Integration von Frauen in den Arbeitsmarkt (FIFA) — MBl. 2007, Nr. 49, Seite 1399

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.1.2010-31.12.2010

Economic sector(s) concerned

Human health and social work activities

Type of beneficiary

Large enterprise

Annual overall amount of the budget planned under the scheme

EUR 0,09 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 %

General training (Article 38(2))

60 %

10 %

Web link to the full text of the aid measure:

http://www.ms.niedersachsen.de

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/29 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/29

---

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 Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 16/11

| Reference number of State Aid | X 667/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Hamburg
  Non-assisted areas |
| Granting authority | Behörde für Stadtentwicklung und Umwelt |
| Stadthausbrücke 8 |
| 20355 Hamburg |
| DEUTSCHLAND |
| http://www.hamburg.de/umwelt |

Reference number of State Aid

X 667/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Hamburg

Non-assisted areas

Granting authority

Behörde für Stadtentwicklung und Umwelt

Stadthausbrücke 8

20355 Hamburg

DEUTSCHLAND

http://www.hamburg.de/umwelt

Title of the aid measure

Erstellung einer KWK-Anlage im Gebäude 118 für das Werk 1

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

§ 44 LHO (Hamburg)

http://hh.juris.de/hh/gesamt/HO_HA.htm#HO_HA_P15

Type of measure

Ad hoc aid

Beiersdorf AG

Amendment of an existing aid measure

—

Date of granting

7.7.2009

Economic sector(s) concerned

Manufacture of soap and detergents, cleaning and polishing preparations, perfumes and toilet preparations

Type of beneficiary

large enterprise

Overall amount of the ad hoc aid awarded to the undertaking

EUR 0,09 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 %

Environmental investment aid for high efficiency cogeneration (Article 22)

15 %

—

Web link to the full text of the aid measure:

http://www.hamburg.de/start-teilnehmer/1281752/eg-gruppenfreistellungsverordnung.html

| Reference number of State Aid | X 757/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Hamburg
  Non-assisted areas |
| Granting authority | Behörde für Stadtentwicklung und Umwelt |
| Stadthausbrücke 8 |
| 20355 Hamburg |
| DEUTSCHLAND |
| http://www.hamburg.de/umwelt |

Reference number of State Aid

X 757/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Hamburg

Non-assisted areas

Granting authority

Behörde für Stadtentwicklung und Umwelt

Stadthausbrücke 8

20355 Hamburg

DEUTSCHLAND

http://www.hamburg.de/umwelt

Title of the aid measure

Primärenergieeinsparung und CO2-Vermeidung bei der Herstellung von Malz durch den Einsatz einer Wärmepumpe in Verbindung mit einem Blockheizkraftwerk

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

§ 44 LHO (Hamburg)

http://hh.juris.de/hh/gesamt/HO_HA.htm#HO_HA_P15

Type of measure

Ad hoc aid

Tivoli Malz GmbH

Amendment of an existing aid measure

—

Date of granting

4.6.2009

Economic sector(s) concerned

Manufacture of malt

Type of beneficiary

SME

Overall amount of the ad hoc aid awarded to the undertaking

EUR 0,33 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 %

Environmental investment aid for high efficiency cogeneration (Article 22)

17 %

—

Web link to the full text of the aid measure:

http://www.hamburg.de/start-teilnehmer/1281752/eg-gruppenfreistellungsverordnung.html

| Reference number of State Aid | X 771/09 |
| --- | --- |
| Member State | Estonia |
| Member State reference number | — |
| Name of the Region (NUTS) | Estonia
  Article 87(3)(a) |
| Granting authority | Ettevõtluse Arendamise Sihtasutus |
| Eesti Vabariik |
| Lasnamäe 2 |
| 11412 Tallinn |
| EESTI/ESTONIA |
| http://www.eas.ee |

Reference number of State Aid

X 771/09

Member State

Estonia

Member State reference number

—

Name of the Region (NUTS)

Estonia

Article 87(3)(a)

Granting authority

Ettevõtluse Arendamise Sihtasutus

Eesti Vabariik

Lasnamäe 2

11412 Tallinn

EESTI/ESTONIA

http://www.eas.ee

Title of the aid measure

Loomemajanduse tugistruktuuride toetamise tingimused ja kord

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

„Loomemajanduse tugistruktuuride toetamise tingimused ja kord” (RTL, 21.8.2009, 67, 992).

„Perioodi 2007–2013 struktuuritoetuse seadus” (RT I 2006, 59, 440).

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

24.8.2009-31.12.2013

Economic sector(s) concerned

Administrative and support service activities

Type of beneficiary

SME

large enterprise

Annual overall amount of the budget planned under the scheme

EEK 19,60 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission Decision

—

If co-financed by Community funds

Euroopa Regionaalarengufond (ERDF) – 19,60 EEK (miljonites)

Objectives

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

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

50 %

20 %

Web link to the full text of the aid measure:

http://www.riigiteataja.ee/ert/act.jsp?id=13213266

| Reference number of State Aid | X 953/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | 421-40306-BY/0010 |
| Name of the Region (NUTS) | Bayern
  Article 87(3)(c) |
| Granting authority | Staatliche Führungsakademie für Ernährung, Landwirtschaft und Forsten (FÜAK) |
| Am Lurzenhof 3c |
| 84036 Landshut |
| DEUTSCHLAND |
| http://www.fueak.bayern.de/ |

Reference number of State Aid

X 953/09

Member State

Germany

Member State reference number

421-40306-BY/0010

Name of the Region (NUTS)

Bayern

Article 87(3)(c)

Granting authority

Staatliche Führungsakademie für Ernährung, Landwirtschaft und Forsten (FÜAK)

Am Lurzenhof 3c

84036 Landshut

DEUTSCHLAND

http://www.fueak.bayern.de/

Title of the aid measure

Bayern: Qualifizierung von landwirtschaftlichen Unternehmerinnen und Unternehmern sowie deren Kooperationspartnern; Vollzugsanweisung zur Durchführung von Qualifizierungsmaßnahmen

421-40306-BY/0010

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

| — | Bayerisches Gesetz zur nachhaltigen Entwicklung der Agrarwirtschaft und des ländlichen Raumes — Bayerisches Agrarwirtschaftsgesetz BayAgrarWiG (Art. 7 Abs. 1 Nr. 1, 5, 7 und Art. 15 BayAgrarWiG) |
| --- | --- |

—

Bayerisches Gesetz zur nachhaltigen Entwicklung der Agrarwirtschaft und des ländlichen Raumes — Bayerisches Agrarwirtschaftsgesetz BayAgrarWiG (Art. 7 Abs. 1 Nr. 1, 5, 7 und Art. 15 BayAgrarWiG)

| — | Bayerische Haushaltsordnung (BayHO) |
| --- | --- |

—

Bayerische Haushaltsordnung (BayHO)

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

8.12.2009-31.12.2013

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 0,10 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 %

Aid for consultancy in favour of SMEs (Article 26)

50 %

—

Web link to the full text of the aid measure:

http://www.stmelf.bayern.de/agrarpolitik/programme/26373/qualifizierung.pdf

| Reference number of State Aid | X 954/09 |
| --- | --- |
| Member State | Italy |
| Member State reference number | — |
| Name of the Region (NUTS) | Emilia-Romagna
  Mixed |
| Granting authority | Regione Emilia-Romagna — DG Cultura Formazione Lavoro |
| Viale Aldo Moro 38 |
| 40127 Bologna BO |
| ITALIA |
| http:/www.regione.emilia-romagna.it |

Reference number of State Aid

X 954/09

Member State

Italy

Member State reference number

—

Name of the Region (NUTS)

Emilia-Romagna

Mixed

Granting authority

Regione Emilia-Romagna — DG Cultura Formazione Lavoro

Viale Aldo Moro 38

40127 Bologna BO

ITALIA

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

Title of the aid measure

Aiuti destinati alle imprese operanti nel territorio della Regione Emilia-Romagna appartenenti ai settori esposti alla concorrenza internazionale, rivolti a favorire l'occupazione

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

Delibera della Giunta Regionale n. 1916 del 30 novembre 2009 — Pubblicata sul BURER n. 214 del 16.12.2009 — Parte II

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

30.11.2009-30.6.2014

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 3,75 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission Decision

—

If co-financed by Community funds

«Programma Operativo della Regione Emilia-Romagna FSE Obiettivo 2 “Competitività regionale e occupazione” 2007-2013», approvato dalla Commissione Europea con decisione C(2007) 5327 del 26.10.2007 — 5,50 milioni di EUR

Objectives

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

SME-bonuses in %

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)

100 %

—

Web link to the full text of the aid measure:

http://www.emiliaromagnasapere.it/operatori/atti-amministrativi/delibere_aiuti

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/34 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/34

---

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 Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 16/12

| Reference number of State Aid | X 626/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Berlin
  Article 87(3)(a)
  Article 87(3)(c) |
| Granting authority | Senatsverwaltung für Integration, Arbeit und Soziales |
| Oranienstraße 106 |
| 10969 Berlin |
| DEUTSCHLAND |
| http://www.berlin.de/sen/ias/index.html |

Reference number of State Aid

X 626/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Berlin

Article 87(3)(a)

Article 87(3)(c)

Granting authority

Senatsverwaltung für Integration, Arbeit und Soziales

Oranienstraße 106

10969 Berlin

DEUTSCHLAND

http://www.berlin.de/sen/ias/index.html

Title of the aid measure

Förderung der Berufsausbildung im Land Berlin

(Förderung des Besuchs einer Berufsschule außerhalb Berlins bei Splitterberufen)

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

§§ 23, 44 Landeshaushaltsordnung Berlin Verwaltungsvorschriften über die Gewährung von Zuschüssen zur Förderung der Berufsausbildung im Land Berlin vom 8.5.2007 (ABl. Nr. 22, S. 1366-1368 vom 25.5.2007)

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

1.4.2007-31.3.2010

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 0,12 million

For guarantees

—

Aid Instrument (Article 5)

Other, Grant, betroffene Wirtschaftszweige: Wirtschaftszweige, in denen in Berufen ausgebildet wird und für die in Berlin wegen der geringen Anzahl von Auszubildenden kein Berufsschulunterricht angeboten wird.

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 %

General training (Article 38(2))

70 %

80 %

Web link to the full text of the aid measure:

http://www.berlin.de/sen/arbeit/besch-impulse/ausbildung

http://www.hwk-berlin.de/fbb

| Reference number of State Aid | X 627/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | — |
| Name of the Region (NUTS) | Hamburg
  Non-assisted areas |
| Granting authority | Behörde für Umwelt und Stadtentwicklung |
| Stadthausbrücke 8 |
| 20355 Hamburg |
| DEUTSCHLAND |
| http://www.hamburg.de/umwelt |

Reference number of State Aid

X 627/09

Member State

Germany

Member State reference number

—

Name of the Region (NUTS)

Hamburg

Non-assisted areas

Granting authority

Behörde für Umwelt und Stadtentwicklung

Stadthausbrücke 8

20355 Hamburg

DEUTSCHLAND

http://www.hamburg.de/umwelt

Title of the aid measure

Deckung von Forschungsausgaben im Rahmen des Projekts TERM (Erschließung der Ressource Mikroalgen)

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

§ 44 der Landeshaushaltsordnung, Hamburgisches Gesetz- und Verordnungsblatt (hmbGVBl.) 1972, S. 10, zuletzt geändert durch das Gesetz vom 20. November 2007 (HmbGVBl. S. 402)

Type of measure

Ad hoc aid

Strategic Science Consult GmbH

Amendment of an existing aid measure

—

Date of granting

11.6.2009

Economic sector(s) concerned

Research and experimental development on biotechnology

Type of beneficiary

SME

Overall amount of the ad hoc aid awarded to the undertaking

EUR 0,15 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 %

Fundamental research (Article 31(2)(a))

100 %

—

Web link to the full text of the aid measure:

http://www.hamburg.de/erneuerbare/nofl/350474/start-bioenergie.html

| Reference number of State Aid | X 637/09 |
| --- | --- |
| Member State | Germany |
| Member State reference number | 421-40306-SN/0001 |
| Name of the Region (NUTS) | Chemnitz, Dresden, Leipzig
  Article 87(3)(a) |
| Granting authority | Sächsisches Landesamt für Umwelt, Landwirtschaft und Geologie |
| Postfach 54 01 37 |
| 01311 Dresden |
| DEUTSCHLAND |
| http://www.smul.sachsen.de/lfulg |

Reference number of State Aid

X 637/09

Member State

Germany

Member State reference number

421-40306-SN/0001

Name of the Region (NUTS)

Chemnitz, Dresden, Leipzig

Article 87(3)(a)

Granting authority

Sächsisches Landesamt für Umwelt, Landwirtschaft und Geologie

Postfach 54 01 37

01311 Dresden

DEUTSCHLAND

http://www.smul.sachsen.de/lfulg

Title of the aid measure

Sachsen: Förderrichtlinie des Freistaates Sachsen zur Absatzförderung der Land- und Ernährungswirtschaft (RL AbsLE)

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

Haushaltsordnung des Freistaates Sachsen (Sächsische Haushaltsordnung — SäHO) in der Fassung der Bekanntmachung vom 10. April 2001 (SächsGVBl. S. 153), geändert durch Artikel 10 des Gesetzes vom 13. Dezember 2002 (SächsGVBl. S. 333, 352), insbesondere §§ 23 und 44

Type of measure

Scheme

Amendment of an existing aid measure

Modification XA 7008/08

Duration

1.1.2009-31.12.2013

Economic sector(s) concerned

Agriculture, forestry and fishing

Type of beneficiary

SME

Annual overall amount of the budget planned under the scheme

EUR 4,20 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 %

Aid for consultancy in favour of SMEs (Article 26)

50 %

—

Aid for SME participation in fairs (Article 27)

50 %

—

Web link to the full text of the aid measure:

http://www.revosax.sachsen.de/Details.do?sid=9571212965114

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| 22.1.2010 | EN | Official Journal of the European Union | C 16/37 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/37

---

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 Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2010/C 16/13

| Reference number of State Aid | X 3/10 |
| --- | --- |
| Member State | Hungary |
| Member State reference number | — |
| Name of the Region (NUTS) | Hungary
  Article 87(3)(a)
  Article 87(3)(c) |
| Granting authority | Nemzeti Kutatási és Technológiai Hivatal |
| Budapest |
| Neumann János u. 1/c. |
| 1117 |
| MAGYARORSZÁG/HUNGARY |
| http://www.nkth.gov.hu |

Reference number of State Aid

X 3/10

Member State

Hungary

Member State reference number

—

Name of the Region (NUTS)

Hungary

Article 87(3)(a)

Article 87(3)(c)

Granting authority

Nemzeti Kutatási és Technológiai Hivatal

Budapest

Neumann János u. 1/c.

1117

MAGYARORSZÁG/HUNGARY

http://www.nkth.gov.hu

Title of the aid measure

Innovációs Alapból nyújtott regionális beruházási és foglalkoztatási támogatás, képzési támogatás, kis- és középvállalkozások részére tanácsadáshoz nyújtott támogatás, kis- és középvállalkozások vásárokon való részvételéhez nyújtott támogatás

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

A Nemzeti Kutatási és Technológiai Alapról szóló 2003. évi XC. törvény 8. §;

a Kutatási és Technológiai Innovációs Alapból nyújtott állami támogatások szabályairól szóló 146/2007. (VI. 26.) Korm. rendelet módosításának, és a pénzügyi válság kapcsán nyújtott átmeneti támogatás – támogatási program bejelentése

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

24.10.2009-31.12.2013

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

HUF 13 200,00 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 %

Regional investment and employment aid (Article 13) Scheme

50 %

20 %

Aid for consultancy in favour of SMEs (Article 26)

50 %

—

Aid for SME participation in fairs (Article 27)

50 %

—

Specific training (Article 38(1))

25 %

20 %

General training (Article 38(2))

60 %

20 %

Web link to the full text of the aid measure:

http://www.complex.hu/jr/gen/hjegy_doc.cgi?docid=A0700146.KOR

146/2007. (VI. 26.) Korm. rendelet a Kutatási és Technológiai Innovációs Alapból nyújtott állami támogatások szabályairól

| Reference number of State Aid | X 4/10 |
| --- | --- |
| Member State | Hungary |
| Member State reference number | — |
| Name of the Region (NUTS) | Hungary
  Article 87(3)(a)
  Article 87(3)(c) |
| Granting authority | Nemzeti Fejlesztési Ügynökség Regionális Fejlesztési Programok Irányító Hatóság |
| Budapest |
| Wesselényi u. 20–22. |
| 1077 |
| MAGYARORSZÁG/HUNGARY |
| http://www.nfu.hu |

Reference number of State Aid

X 4/10

Member State

Hungary

Member State reference number

—

Name of the Region (NUTS)

Hungary

Article 87(3)(a)

Article 87(3)(c)

Granting authority

Nemzeti Fejlesztési Ügynökség Regionális Fejlesztési Programok Irányító Hatóság

Budapest

Wesselényi u. 20–22.

1077

MAGYARORSZÁG/HUNGARY

http://www.nfu.hu

Title of the aid measure

Regionális Operatív Programból nyújtott: regionális beruházási és foglalkoztatási támogatás; kkv vásárokon való részvételéhez, kkv-k részére tanácsadáshoz nyújtott támogatás; képzési célú támogatás; újonnan létrehozott kisvállalkozások részére nyújtható támogatás; NFGM-megtakarítási intézkedésekhez környezetvédelmi beruházási támogatás

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

19/2007. (VII. 30.) MeHVM rendelet az Új Magyarország Fejlesztési Tervben szereplő Regionális Fejlesztés Operatív Programokra meghatározott előirányzatok felhasználásának állami támogatási szempontú szabályairól

Type of measure

Scheme

Amendment of an existing aid measure

—

Duration

25.7.2009-31.12.2013

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

HUF 110 000,00 million

For guarantees

—

Aid Instrument (Article 5)

Grant

Reference to the Commission Decision

—

If co-financed by Community funds

ROP – 93 500 HUF (millió)

Objectives

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

SME-bonuses in %

Regional investment and employment aid (Article 13) Scheme

50 %

—

Aid for newly created small enterprises (Article 14)

35 %

—

Environmental investment aid for energy saving measures (Article 21)

60 %

—

Aid for consultancy in favour of SMEs (Article 26)

50 %

—

Aid for SME participation in fairs (Article 27)

50 %

—

Specific training (Article 38(1))

25 %

—

General training (Article 38(2))

60 %

—

Web link to the full text of the aid measure:

http://www.nfu.hu/download/24823/19-2007.%20%28VII.%2030.%29%20MeHVM%20rendelet.doc

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 22.1.2010 | EN | Official Journal of the European Union | C 16/40 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/40

---

Notice of the impending expiry of certain anti-dumping measures

2010/C 16/14

1.   As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË (2), at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 384/96.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Furfuraldehyde | People's Republic of China | Anti-dumping duty | Council Regulation (EC) No 639/2005 (OJ L 107, 28.4.2005, p. 1) | 29.4.2010 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Furfuraldehyde

People's Republic of China

Anti-dumping duty

Council Regulation (EC) No 639/2005 (OJ L 107, 28.4.2005, p. 1)

29.4.2010

---

(1)  OJ L 56, 6.3.1996, p. 1.

(2)  Fax +32 22956505.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 22.1.2010 | EN | Official Journal of the European Union | C 16/41 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/41

---

Prior notification of a concentration

(Case COMP/M.5771 — CSN/Cimpor)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 16/15

| 1. | On 14 January 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Companhia Siderúrgica Nacional (‘CSN’, Brazil) intends to acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of Cimpor — Cimentos de Portugal, SGPS, S.A (‘Cimpor’, Portugal) by way of public bid. |
| --- | --- |

1.

On 14 January 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Companhia Siderúrgica Nacional (‘CSN’, Brazil) intends to acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of Cimpor — Cimentos de Portugal, SGPS, S.A (‘Cimpor’, Portugal) by way of public bid.

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






  — | for CSN: steel production, mining, logistics, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for CSN: steel production, mining, logistics,

| — | for Cimpor: cement production. |
| --- | --- |

—

for Cimpor: cement production.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5771 — CSN/Cimpor, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5771 — CSN/Cimpor, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 22.1.2010 | EN | Official Journal of the European Union | C 16/42 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/42

---

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/B-1/39.317 — E.ON gas

(Text with EEA relevance)

2010/C 16/16

1.   INTRODUCTION

| (1) | According to Article 9 of the Council Regulation (EC) No 1/2003 (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission. |
| --- | --- |

(1)

According to Article 9 of the Council Regulation (EC) No 1/2003 (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

| (2) | On 22 December 2009, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 concerning alleged infringements of E.ON AG, Düsseldorf and its subsidiaries on the German gas markets (‘E.ON’). |
| --- | --- |

(2)

On 22 December 2009, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 concerning alleged infringements of E.ON AG, Düsseldorf and its subsidiaries on the German gas markets (‘E.ON’).

| (3) | According to the preliminary assessment E.ON is a dominant player on the gas transmission market(s) within its L-gas network and the NetConnect Germany network. E.ON is according to the preliminary assessment also a dominant player on the downstream gas markets for the supply of regional and local wholesalers as well as for the supply of large industrial customers. |
| --- | --- |

(3)

According to the preliminary assessment E.ON is a dominant player on the gas transmission market(s) within its L-gas network and the NetConnect Germany network. E.ON is according to the preliminary assessment also a dominant player on the downstream gas markets for the supply of regional and local wholesalers as well as for the supply of large industrial customers.

| (4) | The preliminary assessment expressed the concern that E.ON may have abused its dominant position according to Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) in the form of a refusal to supply by way of long-term bookings on E.ON's gas transmission system. E.ON has booked large parts of the available firm and freely allocable entry capacities on its gas transmission grid, which may lead according to the preliminary assessment to a foreclosure of competitors trying to transport and sell gas to customers connected to the E.ON grid and therefore may restrict competition on the downstream gas supply markets. |
| --- | --- |

(4)

The preliminary assessment expressed the concern that E.ON may have abused its dominant position according to Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) in the form of a refusal to supply by way of long-term bookings on E.ON's gas transmission system. E.ON has booked large parts of the available firm and freely allocable entry capacities on its gas transmission grid, which may lead according to the preliminary assessment to a foreclosure of competitors trying to transport and sell gas to customers connected to the E.ON grid and therefore may restrict competition on the downstream gas supply markets.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

| (5) | E.ON does not agree with the Commission’s preliminary assessment. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission’s competition concerns. The key elements of the commitments can be summarised as follows: |
| --- | --- |

(5)

E.ON does not agree with the Commission’s preliminary assessment. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission’s competition concerns. The key elements of the commitments can be summarised as follows:

| (6) | In a first step, E.ON proposes to release firm freely allocable entry capacities into its gas transmission grid by October 2010 (‘Immediate Capacity Release’) covering a capacity volume of 17,8 GWh/h. 10 GWh/h of the total released capacities are offered for H-gas capacities, 7,8 GWh/h for L-gas capacities. The relevant entry points for H-gas are (released capacity volumes in brackets):






  — | Waidhaus (3,469 MWh/h), |
| --- | --- | --- |

(6)

In a first step, E.ON proposes to release firm freely allocable entry capacities into its gas transmission grid by October 2010 (‘Immediate Capacity Release’) covering a capacity volume of 17,8 GWh/h. 10 GWh/h of the total released capacities are offered for H-gas capacities, 7,8 GWh/h for L-gas capacities. The relevant entry points for H-gas are (released capacity volumes in brackets):

—

Waidhaus (3,469 MWh/h),

| — | Emden NPT (1,250 MWh/h), |
| --- | --- |

—

Emden NPT (1,250 MWh/h),

| — | Dornum (500 MWh/h), |
| --- | --- |

—

Dornum (500 MWh/h),

| — | Emden EPT (250 MWh/h), |
| --- | --- |

—

Emden EPT (250 MWh/h),

| — | Eynatten/Raeren (2,250 MWh/h), |
| --- | --- |

—

Eynatten/Raeren (2,250 MWh/h),

| — | Oude Statenzijl (500 MWh/h), |
| --- | --- |

—

Oude Statenzijl (500 MWh/h),

| — | Achim (171 MWh/h), |
| --- | --- |

—

Achim (171 MWh/h),

| — | Bocholtz (44 MWh/h), |
| --- | --- |

—

Bocholtz (44 MWh/h),

| — | Oberkappel (364 MWh/h) and |
| --- | --- |

—

Oberkappel (364 MWh/h) and

| — | Lampertheim (1,200 MWh/h). |
| --- | --- |

—

Lampertheim (1,200 MWh/h).

For L-gas, E.ON's commitment relates to the entry points:

| — | Emsbüren (2,193 MWh/h), |
| --- | --- |

—

Emsbüren (2,193 MWh/h),

| — | Drohne (1,413 MWh/h), |
| --- | --- |

—

Drohne (1,413 MWh/h),

| — | Steinbrink (187 MWh/h), |
| --- | --- |

—

Steinbrink (187 MWh/h),

| — | Vreden (1,400 MWh/h) and |
| --- | --- |

—

Vreden (1,400 MWh/h) and

| — | Elten (2,565 MWh/h). |
| --- | --- |

—

Elten (2,565 MWh/h).

| (7) | In a second step, E.ON proposed to further reduce its overall share in the bookings of firm freely allocable entry capacity (‘Long-term Reduction’) in the relevant H-gas market area NetConnect Germany to 50 % by October 2015. For the L-gas network, E.ON proposes a further overall reduction of its booking share to 64 % by October 2015. E.ON may reach these thresholds by returning capacities to the TSO, by measures to increase the capacity in the grid or by entering into market area co-operations which increase the total volume of capacities into E.ON's grid. E.ON commits not to exceed these thresholds until 2025 (2). |
| --- | --- |

(7)

In a second step, E.ON proposed to further reduce its overall share in the bookings of firm freely allocable entry capacity (‘Long-term Reduction’) in the relevant H-gas market area NetConnect Germany to 50 % by October 2015. For the L-gas network, E.ON proposes a further overall reduction of its booking share to 64 % by October 2015. E.ON may reach these thresholds by returning capacities to the TSO, by measures to increase the capacity in the grid or by entering into market area co-operations which increase the total volume of capacities into E.ON's grid. E.ON commits not to exceed these thresholds until 2025 (2).

| (8) | E.ON is not prevented from booking interruptible capacities which are not part of the commitments. E.ON is, moreover, not restricted with regards to short-term bookings (bookings with a duration of up to one year) under the conditions laid out in the commitments (3). E.ON may, moreover, as of October 2011 also book long-term capacities under the condition that E.ON's overall booking share decreases over time until reaching the thresholds of 50 % for H-gas and 64 % for L-gas by October 2015. |
| --- | --- |

(8)

E.ON is not prevented from booking interruptible capacities which are not part of the commitments. E.ON is, moreover, not restricted with regards to short-term bookings (bookings with a duration of up to one year) under the conditions laid out in the commitments (3). E.ON may, moreover, as of October 2011 also book long-term capacities under the condition that E.ON's overall booking share decreases over time until reaching the thresholds of 50 % for H-gas and 64 % for L-gas by October 2015.

| (9) | An independent trustee will be asked to supervise the fulfilment of these commitments by E.ON. |
| --- | --- |

(9)

An independent trustee will be asked to supervise the fulfilment of these commitments by E.ON.

| (10) | The commitments are published in full in German on the website of the Directorate-General for Competition at:
  http://ec.europa.eu/comm/competition/index_en.html |
| --- | --- |

(10)

The commitments are published in full in German on the website of the Directorate-General for Competition at:

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

4.   INVITATION TO MAKE COMMENTS

| (11) | The Commission intends, subject to the outcome of the market test, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition, to be binding. |
| --- | --- |

(11)

The Commission intends, subject to the outcome of the market test, to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring the commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition, to be binding.

| (12) | In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. In this context, the Commission asks interested parties to comment in particular on the following questions. Comments should, as far as possible, be substantiated with a detailed reasoning, containing the necessary facts on which the comment is based and, if a problem is identified, a proposal for a solution of the identified problem:






  (a) | The Immediate Capacity Releases are supposed to alleviate at least parts of the identified access problems to E.ON's transmission grid quickly. Does the proposed schedule for a release (as of October 2010), allow for a successful marketing of the entire capacities offered in the ‘Immediate Release’ in particular with a view of the short marketing period for these capacities of probably less than 6 months? |
| --- | --- | --- |

(12)

In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. In this context, the Commission asks interested parties to comment in particular on the following questions. Comments should, as far as possible, be substantiated with a detailed reasoning, containing the necessary facts on which the comment is based and, if a problem is identified, a proposal for a solution of the identified problem:

(a)

The Immediate Capacity Releases are supposed to alleviate at least parts of the identified access problems to E.ON's transmission grid quickly. Does the proposed schedule for a release (as of October 2010), allow for a successful marketing of the entire capacities offered in the ‘Immediate Release’ in particular with a view of the short marketing period for these capacities of probably less than 6 months?

| (b) | Do you have comments regarding the selection of the entry points at which E.ON offers to immediately release capacities and the released volumes at these points? In particular, are any of these entry points not eligible to allow (potential) competitors to effectively access E.ON's transmission grid? |
| --- | --- |

(b)

Do you have comments regarding the selection of the entry points at which E.ON offers to immediately release capacities and the released volumes at these points? In particular, are any of these entry points not eligible to allow (potential) competitors to effectively access E.ON's transmission grid?

Third parties are invited to make comments also on all other aspects of the commitments.

| (13) | Third parties' observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which commercial secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words 'commercial secrets' or ‘confidential’. If your request for the protection of confidential information is legitimate, the Commission will ensure the protection of this information. |
| --- | --- |

(13)

Third parties' observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which commercial secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words 'commercial secrets' or ‘confidential’. If your request for the protection of confidential information is legitimate, the Commission will ensure the protection of this information.

| (14) | Observations can be sent to the Commission under reference number COMP/B-1/39.317 — E.ON gas either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Antitrust Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

(14)

Observations can be sent to the Commission under reference number COMP/B-1/39.317 — E.ON gas either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:

European Commission

Directorate-General for Competition

Antitrust Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Article 82 of the EC Treaty has become Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’). For the purposes of the Commission's preliminary assessment in this case and a potential decision according to Article 9(1), references to Article 102 TFEU should be understood as reference to Article 82 of the EC Treaty when appropriate.

(2)  After 1 October 2025, E.ON may book such capacities without limitation except if the bookings are made very early in advance: Between 1 October 2015 and 1 October 2020, E.ON undertakes, with respect to the period from 1 October 2025 to 1 October 2030, to exceed the mentioned thresholds only by at maximum 5 %. Between 1 October 2020 and 1 October 2025, E.ON commits, with respect to the same period (from 1 October 2025 to 1 October 2030), to exceed the mentioned thresholds only by at maximum 10 %.

(3)  See paragraphs 5, 6 and 10 of the commitments text.

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