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I Acts whose publication is obligatory

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            COUNCIL REGULATION (EC) No 293/2005

of 17 February 2005         

amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards agriculture and facilities for persons crossing the line

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol 10 on Cyprus to the 2003 Act of Accession (1), and in particular Article 2 thereof,

Having regard to Protocol 3 on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus (2) to the said Act of Accession, and in particular Article 6 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 866/2004 is hereby amended as follows:

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 February 2005.

For the Council

The President

J.-C. JUNCKER            

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(1)OJ L 236, 23.9.2003, p. 955.

(2)OJ L 236, 23.9.2003, p. 940.

(3)OJ L 161, 30.4.2004, p. 128.

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            COMMISSION REGULATION (EC) No 294/2005

of 22 February 2005         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 23 February 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 February 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

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(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

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ANNEX

to Commission Regulation of 22 February 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘            999            ’ stands for ‘of other origin’.

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            COMMISSION REGULATION (EC) No 295/2005

of 22 February 2005         

amending, for the third time, Council Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (1), and in particular Article 10(a) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1763/2004 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 February 2005.

For the Commission

Benita FERRERO-WALDNER            

Member of the Commission

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(1)OJ L 315, 14.10.2004, p. 14. Regulation as last amended by Commission Regulation (EC) No 2233/2004 (OJ L 379, 24.12.2004, p. 75).

(2)OJ L 315, 14.10.2004, p. 52.

(3)OJ L 49, 22.2.2005, p. 34.

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ANNEX

The following persons shall be removed from Annex I to Regulation (EC) No 1763/2004:

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II Acts whose publication is not obligatory

Council

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            COUNCIL DECISION         

of 18 January 2005         

concerning the conditions and arrangements governing the submission and processing of applications for appointment as a judge of the European Union Civil Service Tribunal

(2005/150/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to the Protocol on the Statute of the Court of Justice, as amended by Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal (1), and in particular Article 3(2) of Annex I thereto,

Having regard to the recommendation of the Court of Justice of 2 December 2004,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The conditions and arrangements governing the submission and processing of applications for appointment as a judge of the European Union Civil Service Tribunal shall be established as provided for in the Annex to this Decision.

Article 2

The Secretary-General of the Council shall be responsible for publishing and adequately circulating the notices of vacancy for posts as members of the European Union Civil Service Tribunal.

Article 3

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Done at Brussels, 18 January 2005.

For the Council

The President

J.-C. JUNCKER            

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(1)OJ L 333, 9.11.2004, p. 7.

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ANNEX

Public call for applications for the appointment of judges of the European Civil Service Tribunal

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(1)OJ L 333, 9.11.2004, p. 7.

(2)OJ L 33, 5.2.2005, p. 1.

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            COUNCIL DECISION         

of 18 January 2005         

appointing members of the Committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice

(2005/151/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to the Protocol on the Statute of the Court of Justice, as amended by Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal (1), and in particular Article 3(3) of Annex I thereto,

Having regard to Council Decision 2005/49/EC, Euratom of 18 January 2005 concerning the operating rules of the Committee provided for by Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice (2), and in particular point 3 of the Annex thereto,

Having regard to the recommendation of the President of the Court of Justice on 2 December 2004,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

For a period of four years from 10 November 2004, the following shall be appointed members of the committee provided for by Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice:

Article 2

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Done at Brussels, 18 January 2005.

For the Council

The President

J.-C. JUNCKER            

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(1)OJ L 333, 9.11.2004, p. 7.

(2)OJ L 21, 25.1.2005, p. 13.

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Commission

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            COMMISSION DECISION         

of 14 December 1999         

pursuant to Article 14 of Council Regulation (EEC) No 4064/89 imposing fines on an undertaking for supplying incorrect and misleading information in a notification in merger control proceedings

(Case No COMP/M.1608 — KLM/Martinair III)

(notified under document number C(1999) 4496)

(Only the English text is authentic)

(Text with EEA relevance)

(2005/152/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement on the European Economic Area,

Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), and in particular Article 14(1)(b) thereof,

Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission,

Having regard to the opinion of the Advisory Committee on Concentrations,

Whereas:

I.   INTRODUCTION

II.   THE LANGUAGE OF PROCEEDINGS IN THIS CASE

III.   INFRINGEMENT OF THE MERGER REGULATION: RELEVANT FACTS

1.   Information on Transavia charter destinations

(a)   the information given in the notification

(b)   incorrectness of the information on Transavia charter destinations

2.   Information on scheduled services of Transavia to Mediterranean destinations

(a)   information given in the notification

(b)   misleading or incorrect character of the information provided on the scheduled services of Transavia

IV.   RESPONSE TO THE STATEMENT AND THE COMMISSION's EVALUATION THEREOF

1.   Information on Transavia Charter Destinations

2.   Information on Transavia's Scheduled Flights

V.   LEGAL ASSESSMENT

1.   Information on Transavia's Charter Destinations

2.   Information on Transavia's Scheduled Flights

VI.   IMPOSITION OF FINES

1.   Nature of the infringement

2.   Gravity of the infringement

(a)   relevance of the incorrect or misleading information

(b)   mitigating factors invoked by KLM

(i)   Transavia's charter destinations

(ii)   Transavia's scheduled operations

3.   Amount of the fine

HAS ADOPTED THIS DECISION:

Article 1

A fine of EUR 40 000 is hereby imposed on Koninklijke Luchtvaart Maatschappij NV (KLM) pursuant to Article 14(1)(b) of Regulation (EEC) No 4064/89 for having supplied incorrect and misleading information in the notification submitted to the Commission under that Regulation on 1 September 1998.

Article 2

The fine referred to in Article 1 shall be paid within three months of the date of notification of this Decision into bank account No 310-0933000-43 of the European Commission, Banque Bruxelles Lambert, Agence Européenne, Rond Point Schuman 5, B-1040 Brussels.

After the expiry of that period, interest shall be automatically payable at the rate applied by the European Central Bank to its repo operations on the first working day of the month in which this Decision is adopted, that is 3 %, plus 3,5 percentage points, making 6,5 %.

Article 3

This Decision is addressed to:

Done at Brussels, 14 December 1999.

For the Commission

Mario MONTI            

Member of the Commission

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(1)OJ L 395, 30.12.1989, p. 1. Regulation as last amended by Regulation (EC) No 1310/97 (OJ L 180, 9.7.1997, p. 1).

(2)  Case No IV/M.1128 — KLM/Martinair (OJ C 281, 10.9.1998, p. 7).

(3)OJ C 298, 26.9.1998, p. 8.

(4)  Case No IV/M.1328 — KLM/Martinair (OJ C 408, 29.12.1998, p. 8).

(5)OJ C 42, 17.2.1999, p. 9.

(6)OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 2003 Act of Accession.

(7)OJ L 61, 2.3.1998, p. 1. Regulation as last amended by the 2003 Act of Accession.

(8)  Page 26 of the notification.

(9)  The timetable ‘Charter flights summer 1998’ was provided as Annex III to a response (9 September 1998) to a request for information (4 September 1998). The timetable also mentions destinations in Malta and Croatia. Annex I to the same response contains a listing of the number of stretches of Transavia non-scheduled flights to Mediterranian destinations from the Netherlands (55 destinations) and the number of stretches out of the rest of Europe to Mediterranian destinations (22 destinations). This listing also contains these and additional destinations but no destinations in Israel, Morocco and Tunisia.

(10)  Page 26 of the notification.

(*1)  Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

(11)  In order to determine its market share in the market for charter flights to the Mediterranean, KLM has used a very wide geographic market definition. KLM states that the planes of the parties and of other charter companies can operate from each airport in the Benelux, the United Kingdom and Germany. On this basis a market share of [...] (*) % is calculated (page 61). If only flights from the Netherlands were taken into account, the market share of the parties would be above [...] (*) % (page 62 of the notification).

(12)  Page 26 of the notification.

(13)  Although this statement seems to imply that KLM is to a small extent active on this market, no further information on KLM is given, with the exception of the statistical information in the appendix of the SH&E study. In Section 3.2.1 of Form CO KLM states: ‘Transavia airlines B.V. (80 %) is active on the European (inclusive tour) charter market, which is in view of the parties to the concentration, not an affected market. Solely for the Commission's information, Transavia is mentioned here.’         

(14)  Page 26 of the notification.

(15)  Page 26 of the notification.

(16)  Footnote 11 on page 45 of the notification.

(17)  KLM's covering letter with the notification of 1 September 1998.

(18)  Page 47 of the notification.

(19)  Page 47 of the notification.

(20)  Commission request of 4 September 1998.

(21)  Notification of 21 December 1998.

(22)  Notification of 21 December 1998, p. 64, footnote 18.

(23)  Notification of 21 December 1998, p. 65, footnote 19.

(24)  Notification of 21 December 1998, p. 66.

(25)  [...] (*) in summer 1997 and [...] (*) in winter 1997/98.

(26)  In addition, KLM also sells non-guaranteed seats on its flights to tour operators.

(27)  Malaga, Alicante, Barcelona, Djerba, Faro, Funchal, Heraklion, Lisbon, Las Palmas, Malta, Nice, Mallorca, Tenerife.

(28)  Page 69 of the notification of 21 December 1998 and Annexes XXIX (summer 1997) and XXX (winter 1997/1998); [...] (*) in summer 1997 and [...] (*) in winter 1997/1998.

(29)  Page 69 of the notification of 21 December 1998 and Annexes XXIX (summer 1997) and XXX (winter 1997/1998); [...] (*) in summer 1997 and [...] (*) in winter 1997/1998.

(30)  E.g. in the summer season 1997, Djerba, Faro, Funchal, Heraklion, Lisbon, Las Palmas, Malta, Mallorca, Tenerife.

(31)  Further references to the SH&E study are made in chapter 7 (Information on affected markets) of the notification.

(32)  Page 34 of the notification.

(33)  Letter from KLM of 18 September 1998.

(34)  Page 47 of the notification.

(35)  Page 39 of the notification.

(36)  Page 32 and page 39 of the notification, page 5 of the letter of 9 September 1998.

(37)  See paragraph 24 of this Decision.

(38)  Such information was given in the notification of 21 December 1998.

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Corrigenda

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Corrigendum to Commission Regulation (EC) No 1937/2004 of 9 November 2004 amending Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

(Official Journal of the European Communities L 334 of 10 November 2004)

The publication of Regulation (EC) No 1937/2004 is considered null and void.

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