# C_2018258EN.01000401.xml

| 23.7.2018 | EN | Official Journal of the European Union | C 258/4 |
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23.7.2018

EN

Official Journal of the European Union

C 258/4

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Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 2 May 2018 concerning a draft decision in Case AT.39816 — Upstream gas supplies in Central and Eastern Europe

Rapporteur: Portugal

(2018/C 258/05)

| 1. | The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 18 April 2018 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement. A majority of Member States agree. A minority of Member States disagree. |
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1.

The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 18 April 2018 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement. A majority of Member States agree. A minority of Member States disagree.

| 2. | The Advisory Committee agrees with the Commission that the proceedings concerning PJSC Gazprom and Gazprom export LLC (together ‘Gazprom’) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. A majority of Member States agree. A minority of Member States disagree. |
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2.

The Advisory Committee agrees with the Commission that the proceedings concerning PJSC Gazprom and Gazprom export LLC (together ‘Gazprom’) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. A majority of Member States agree. A minority of Member States disagree.

| 3. | The Advisory Committee agrees with the Commission that the commitments offered by Gazprom are suitable, necessary and proportionate and should be made legally binding on Gazprom. A majority of Member States agree. A minority of Member States disagree. |
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3.

The Advisory Committee agrees with the Commission that the commitments offered by Gazprom are suitable, necessary and proportionate and should be made legally binding on Gazprom. A majority of Member States agree. A minority of Member States disagree.

| 4. | The Advisory Committee agrees with the Commission that, in light of the commitments offered by Gazprom, there are no longer grounds for action by the Commission against Gazprom, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. A majority of Member States agree. A minority of Member States disagree. |
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4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by Gazprom, there are no longer grounds for action by the Commission against Gazprom, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. A majority of Member States agree. A minority of Member States disagree.

| 5. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. A majority of Member States agree. A minority of Member States disagree. |
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5.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion. A majority of Member States agree. A minority of Member States disagree.

| 6. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. A majority of Member States agree. A minority of Member States disagree. |
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6.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. A majority of Member States agree. A minority of Member States disagree.

Official Journal of the European Union

I hereby confirm that Finland, Latvia, The Netherlands, and Sweden participated in this Advisory Committee meeting via videoconferencing link and asked me to sign the Opinion of the Advisory Committee on their behalf.

Marieke SCHOLZ

Chair of the Advisory Committee meeting

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