# Official Journal C 55/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.055.eng |
| --- | --- |
| Official Journal
  of the European Union | C 55 |
| | |
| English edition | Information and Notices | Volume 535 March 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.055.eng

Official Journal

of the European Union

C 55

English edition

Information and Notices

Volume 535 March 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 055/01 | Authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 055/01

Authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2010/C 055/02 | Council Act of 25 February 2010 determining the grade and step for the appointment of a Deputy Director of the European Police Office (Europol) | 5 |
| | European Commission |
| 2010/C 055/03 | Euro exchange rates | 6 |
| 2010/C 055/04 | Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 March 2010 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1)) | 7 |
| | NOTICES FROM MEMBER STATES |
| 2010/C 055/05 | Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  ) | 8 |
| 2010/C 055/06 | Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  ) | 9 |
| 2010/C 055/07 | Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  ) | 10 |
| 2010/C 055/08 | Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  ) | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2010/C 055/02

Council Act of 25 February 2010 determining the grade and step for the appointment of a Deputy Director of the European Police Office (Europol)

5

European Commission

2010/C 055/03

Euro exchange rates

6

2010/C 055/04

Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 March 2010 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1)

7

NOTICES FROM MEMBER STATES

2010/C 055/05

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  )

1

8

2010/C 055/06

Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  )

1

9

2010/C 055/07

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (
  1
  )

1

10

2010/C 055/08

Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (
  1
  )

1

11

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2010/C 055/09 | Notice of the expiry of certain anti-dumping measures | 12 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 055/10 | Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/B-1/39.315 — ENI (
  1
  ) | 13 |
| 2010/C 055/11 | Prior notification of a concentration (Case COMP/M.5817 — Triton Fund III/Ambea) — Candidate case for simplified procedure (
  1
  ) | 16 |
| 2010/C 055/12 | Prior notification of a concentration (Case COMP/M.5763 — Dassault Systemes/IBM DS PLM Software business) (
  1
  ) | 17 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2010/C 055/09

Notice of the expiry of certain anti-dumping measures

12

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 055/10

Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/B-1/39.315 — ENI (
  1
  )

1

13

2010/C 055/11

Prior notification of a concentration (Case COMP/M.5817 — Triton Fund III/Ambea) — Candidate case for simplified procedure (
  1
  )

1

16

2010/C 055/12

Prior notification of a concentration (Case COMP/M.5763 — Dassault Systemes/IBM DS PLM Software business) (
  1
  )

1

17

| | |
| --- | --- |
| 2010/C 055/13 | Note to the reader (see page 3 of the cover) | s3 |

2010/C 055/13

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

Note to the reader

s3

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

---

(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 5.3.2010 | EN | Official Journal of the European Union | C 55/1 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/1

---

Authorisation for State aid pursuant to Articles 107 and 108 TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2010/C 55/01

| Date of adoption of the decision | 10.12.2009 |
| --- | --- |
| Reference number of State Aid | N 468/09 |
| Member State | Poland |
| Region | Wielkopolskie |
| Title (and/or name of the beneficiary) | Roche Polska Sp. z o.o |
| Legal basis | Projekt umowy ramowej o udzielenie dotacji celowej pomiędzy Ministrem Gospodarki a Roche Polska sp. z o.o.
  Projekt uchwały Rady Ministrów w sprawie ustanowienia programu wieloletniego pod nazwą „Wsparcie finansowe inwestycji realizowanej przez Roche Polska sp. z o.o. we Wrocławiu pod nazwa: Finansowe Centrum Badawczo-Rozwojowe w latach 2009–2010”
  Artykuł 117 Ustawy z dnia 30 czerwca 2005 r. o finansach publicznych |
| Type of measure | Individual aid |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: PLN 1,15 million |
| Intensity | 3,91 % |
| Duration (period) | Until 31.12.2010 |
| Economic sectors | Computer and related activities |
| Name and address of the granting authority | Minister Gospodarki |
| Plac Trzech Krzyży 3/5 |
| 00-507 Warszawa |
| POLSKA/POLAND |

Date of adoption of the decision

10.12.2009

Reference number of State Aid

N 468/09

Member State

Poland

Region

Wielkopolskie

Title (and/or name of the beneficiary)

Roche Polska Sp. z o.o

Legal basis

Projekt umowy ramowej o udzielenie dotacji celowej pomiędzy Ministrem Gospodarki a Roche Polska sp. z o.o.

Projekt uchwały Rady Ministrów w sprawie ustanowienia programu wieloletniego pod nazwą „Wsparcie finansowe inwestycji realizowanej przez Roche Polska sp. z o.o. we Wrocławiu pod nazwa: Finansowe Centrum Badawczo-Rozwojowe w latach 2009–2010”

Artykuł 117 Ustawy z dnia 30 czerwca 2005 r. o finansach publicznych

Type of measure

Individual aid

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: PLN 1,15 million

Intensity

3,91 %

Duration (period)

Until 31.12.2010

Economic sectors

Computer and related activities

Name and address of the granting authority

Minister Gospodarki

Plac Trzech Krzyży 3/5

00-507 Warszawa

POLSKA/POLAND

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

| Date of adoption of the decision | 22.12.2009 |
| --- | --- |
| Reference number of State Aid | N 506/09 |
| Member State | Latvia |
| Region | — |
| Title (and/or name of the beneficiary) | Amendment to the framework scheme ‘Limited amounts of compatible aid in the form of guarantees during the financial and economic crisis’ (N 124/09) |
| Legal basis | Amendment of Regulation of the Cabinet of Ministers of the Republic of Latvia ‘Regulations on Guarantees for Development of Enterprise Competitiveness’ |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Guarantee |
| Budget | Overall budget: LVL 40,6 million |
| Intensity | — |
| Duration (period) | Until 31.12.2010 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Latvian Guarantee Agency 11/13 |
| Tirgonu Str 15 |
| Rīga, LV-1050 |
| LATVIJA |

Date of adoption of the decision

22.12.2009

Reference number of State Aid

N 506/09

Member State

Latvia

Region

—

Title (and/or name of the beneficiary)

Amendment to the framework scheme ‘Limited amounts of compatible aid in the form of guarantees during the financial and economic crisis’ (N 124/09)

Legal basis

Amendment of Regulation of the Cabinet of Ministers of the Republic of Latvia ‘Regulations on Guarantees for Development of Enterprise Competitiveness’

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee

Budget

Overall budget: LVL 40,6 million

Intensity

—

Duration (period)

Until 31.12.2010

Economic sectors

All sectors

Name and address of the granting authority

Latvian Guarantee Agency 11/13

Tirgonu Str 15

Rīga, LV-1050

LATVIJA

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 | 15.12.2009 |
| --- | --- |
| Reference number of State Aid | N 584/09 |
| Member State | Portugal |
| Region | PT200 — Região Autónoma da Madeira |
| Title (and/or name of the beneficiary) | Sistema de Incentivos ao Funcionamento da Região Autónoma da Madeira (SI-Funcionamento) |
| Legal basis | Decreto Legislativo Regional n.o 22/2007/M, de 7 de Dezembro 2007, Jornal Oficial da Região Autónoma da Madeira n.o 236 |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 10 million
  Overall budget: EUR 40 million |
| Intensity | — |
| Duration (period) | Until 31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Instituto de Desenvolvimento Empresarial da Região Autónoma da Madeira |
| Avenida Arriaga |
| Edifício Golden Gate n.o 21-A, 3.o andar |
| 9004-528 Funchal |
| PORTUGAL |

Date of adoption of the decision

15.12.2009

Reference number of State Aid

N 584/09

Member State

Portugal

Region

PT200 — Região Autónoma da Madeira

Title (and/or name of the beneficiary)

Sistema de Incentivos ao Funcionamento da Região Autónoma da Madeira (SI-Funcionamento)

Legal basis

Decreto Legislativo Regional n.o 22/2007/M, de 7 de Dezembro 2007, Jornal Oficial da Região Autónoma da Madeira n.o 236

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Annual budget: EUR 10 million

Overall budget: EUR 40 million

Intensity

—

Duration (period)

Until 31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Instituto de Desenvolvimento Empresarial da Região Autónoma da Madeira

Avenida Arriaga

Edifício Golden Gate n.o 21-A, 3.o andar

9004-528 Funchal

PORTUGAL

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 | 22.12.2009 |
| --- | --- |
| Reference number of State Aid | N 640/09 |
| Member State | Austria |
| Region | — |
| Title (and/or name of the beneficiary) | Capital injection and asset guarantee to BAWAG P.S.K |
| Legal basis | § 2 Abs. 1 Ziffer 2 und Ziffer 3 Finanzmarktstabilitäts- und Interbankstärkungsgesetz für Kreditinstitute und Versicherungsunternehmen in Österreich |
| Type of measure | Individual aid |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Capital injection, guarantee |
| Budget | EUR 550 million Capital injection and EUR 400 million guarantee |
| Intensity | — |
| Duration (period) | Until 21.6.2010 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Bundesministerium für Finanzen |
| Himmelpfortgasse 4 |
| 1010 Wien |
| ÖSTERREICH |

Date of adoption of the decision

22.12.2009

Reference number of State Aid

N 640/09

Member State

Austria

Region

—

Title (and/or name of the beneficiary)

Capital injection and asset guarantee to BAWAG P.S.K

Legal basis

§ 2 Abs. 1 Ziffer 2 und Ziffer 3 Finanzmarktstabilitäts- und Interbankstärkungsgesetz für Kreditinstitute und Versicherungsunternehmen in Österreich

Type of measure

Individual aid

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Capital injection, guarantee

Budget

EUR 550 million Capital injection and EUR 400 million guarantee

Intensity

—

Duration (period)

Until 21.6.2010

Economic sectors

Financial intermediation

Name and address of the granting authority

Bundesministerium für Finanzen

Himmelpfortgasse 4

1010 Wien

ÖSTERREICH

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 | 2.2.2010 |
| --- | --- |
| Reference number of State Aid | N 711/09 |
| Member State | Slovakia |
| Region | — |
| Title (and/or name of the beneficiary) | Dodatok č. 1 k Schéme pre dočasné poskytovanie malej pomoci v Slovenskej republike počas trvania finančnej a hospodárskej krízy |
| Legal basis | Zákon NR SR č. 231/1999 Z. z. o štátnej pomoci v znení neskorších predpisov a príslušné všeobecne záväzné právne predpisy, podľa ktorých príslušný poskytovateľ môže poskytovať pomoc |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Remissions of debt |
| Budget | Overall budget: EUR 400 million |
| Intensity | — |
| Duration (period) | Until 31.12.2010 |
| Economic sectors | — |
| Name and address of the granting authority | Several state authorities |
| Other information | — |

Date of adoption of the decision

2.2.2010

Reference number of State Aid

N 711/09

Member State

Slovakia

Region

—

Title (and/or name of the beneficiary)

Dodatok č. 1 k Schéme pre dočasné poskytovanie malej pomoci v Slovenskej republike počas trvania finančnej a hospodárskej krízy

Legal basis

Zákon NR SR č. 231/1999 Z. z. o štátnej pomoci v znení neskorších predpisov a príslušné všeobecne záväzné právne predpisy, podľa ktorých príslušný poskytovateľ môže poskytovať pomoc

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Remissions of debt

Budget

Overall budget: EUR 400 million

Intensity

—

Duration (period)

Until 31.12.2010

Economic sectors

—

Name and address of the granting authority

Several state authorities

Other information

—

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

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 5.3.2010 | EN | Official Journal of the European Union | C 55/5 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/5

---

COUNCIL ACT

of 25 February 2010

determining the grade and step for the appointment of a Deputy Director of the European Police Office (Europol)

2010/C 55/02

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to its Act of 9 October 2009 re-appointing a Deputy Director of Europol and in particular recital 7 thereof,

Having regard to the Europol Staff Establishment Plan for 2010-2012 and in particular point 1.1(C) thereof,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Michel QUILLÉ, born on 6 April 1949, whose term of office as a Deputy Director of Europol has been renewed for the period from 31 August 2010 to 30 April 2014, shall be appointed at grade AD 13, step 2.

Done at Brussels, 25 February 2010.

For the Council

The President

A. PÉREZ RUBALCABA

---

European Commission

| 5.3.2010 | EN | Official Journal of the European Union | C 55/6 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/6

---

Euro exchange rates (1)

4 March 2010

2010/C 55/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3668 |
| JPY | Japanese yen | 120,86 |
| DKK | Danish krone | 7,4423 |
| GBP | Pound sterling | 0,90500 |
| SEK | Swedish krona | 9,7430 |
| CHF | Swiss franc | 1,4632 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0505 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,818 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 266,02 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7091 |
| PLN | Polish zloty | 3,9010 |
| RON | Romanian leu | 4,0885 |
| TRY | Turkish lira | 2,1120 |
| AUD | Australian dollar | 1,5149 |
| CAD | Canadian dollar | 1,4071 |
| HKD | Hong Kong dollar | 10,6105 |
| NZD | New Zealand dollar | 1,9826 |
| SGD | Singapore dollar | 1,9109 |
| KRW | South Korean won | 1 565,19 |
| ZAR | South African rand | 10,1925 |
| CNY | Chinese yuan renminbi | 9,3303 |
| HRK | Croatian kuna | 7,2653 |
| IDR | Indonesian rupiah | 12 667,29 |
| MYR | Malaysian ringgit | 4,6075 |
| PHP | Philippine peso | 63,002 |
| RUB | Russian rouble | 40,7000 |
| THB | Thai baht | 44,606 |
| BRL | Brazilian real | 2,4435 |
| MXN | Mexican peso | 17,3595 |
| INR | Indian rupee | 62,6200 |

Currency

Exchange rate

USD

US dollar

1,3668

JPY

Japanese yen

120,86

DKK

Danish krone

7,4423

GBP

Pound sterling

0,90500

SEK

Swedish krona

9,7430

CHF

Swiss franc

1,4632

ISK

Iceland króna

NOK

Norwegian krone

8,0505

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,818

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

266,02

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7091

PLN

Polish zloty

3,9010

RON

Romanian leu

4,0885

TRY

Turkish lira

2,1120

AUD

Australian dollar

1,5149

CAD

Canadian dollar

1,4071

HKD

Hong Kong dollar

10,6105

NZD

New Zealand dollar

1,9826

SGD

Singapore dollar

1,9109

KRW

South Korean won

1 565,19

ZAR

South African rand

10,1925

CNY

Chinese yuan renminbi

9,3303

HRK

Croatian kuna

7,2653

IDR

Indonesian rupiah

12 667,29

MYR

Malaysian ringgit

4,6075

PHP

Philippine peso

63,002

RUB

Russian rouble

40,7000

THB

Thai baht

44,606

BRL

Brazilian real

2,4435

MXN

Mexican peso

17,3595

INR

Indian rupee

62,6200

---

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

---

| 5.3.2010 | EN | Official Journal of the European Union | C 55/7 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/7

---

Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 March 2010

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

2010/C 55/04

Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basispoints has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basispoints to the base rate.

Modified rates are indicated in bold.

Previous table published in OJ C 323, 31.12.2009, p. 25.

| From | To | AT | BE | BG | CY | CZ | DE | DK | EE | EL | ES | FI | FR | HU | IE | IT | LT | LU | LV | MT | NL | PL | PT | RO | SE | SI | SK | UK |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1.3.2010 | ... | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 4,73 | 1,24 | 1,24 | 1,24 | 1,24 | 7,03 | 1,24 | 1,24 | 7,17 | 1,24 | 11,76 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |
| 1.1.2010 | 28.2.2010 | 1,24 | 1,24 | 4,92 | 1,24 | 2,39 | 1,24 | 1,88 | 6,94 | 1,24 | 1,24 | 1,24 | 1,24 | 7,03 | 1,24 | 1,24 | 8,70 | 1,24 | 15,11 | 1,24 | 1,24 | 4,49 | 1,24 | 9,92 | 1,02 | 1,24 | 1,24 | 1,16 |

From

To

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK

1.3.2010

...

1,24

1,24

4,92

1,24

2,39

1,24

1,88

4,73

1,24

1,24

1,24

1,24

7,03

1,24

1,24

7,17

1,24

11,76

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

1.1.2010

28.2.2010

1,24

1,24

4,92

1,24

2,39

1,24

1,88

6,94

1,24

1,24

1,24

1,24

7,03

1,24

1,24

8,70

1,24

15,11

1,24

1,24

4,49

1,24

9,92

1,02

1,24

1,24

1,16

---

NOTICES FROM MEMBER STATES

| 5.3.2010 | EN | Official Journal of the European Union | C 55/8 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/8

---

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(Text with EEA relevance)

2010/C 55/05

| Member State | France |
| --- | --- |
| Routes concerned | Strasbourg–Milan
  Strasbourg–Rome
  Strasbourg–Warsaw
  Strasbourg–Vienna |
| Date of entry into force of the public service obligations | Repeal |
| Address from which the text and any relevant information and/or documentation related to the public service obligation can be obtained | Decree of 8 February 2010 repealing the public service obligations imposed on scheduled air services between Strasbourg and Milan, Rome, Warsaw and Vienna
  NOR: DEVA1002764A
  http://www.legifrance.gouv.fr/initRechTexte.do
  For further details:





  Direction générale de l'aviation civile |
| DTA/SDT/T2 |
| 50 rue Henry Farman |
| 75720 Paris cedex 15 |
| FRANCE |
| Tel. +33 158094321 |
| E-mail: osp-compagnies.dta@aviation-civile.gouv.fr |

Member State

France

Routes concerned

Strasbourg–Milan

Strasbourg–Rome

Strasbourg–Warsaw

Strasbourg–Vienna

Date of entry into force of the public service obligations

Repeal

Address from which the text and any relevant information and/or documentation related to the public service obligation can be obtained

Decree of 8 February 2010 repealing the public service obligations imposed on scheduled air services between Strasbourg and Milan, Rome, Warsaw and Vienna

NOR: DEVA1002764A

http://www.legifrance.gouv.fr/initRechTexte.do

For further details:

Direction générale de l'aviation civile

DTA/SDT/T2

50 rue Henry Farman

75720 Paris cedex 15

FRANCE

Tel. +33 158094321

E-mail: osp-compagnies.dta@aviation-civile.gouv.fr

---

| 5.3.2010 | EN | Official Journal of the European Union | C 55/9 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/9

---

Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

2010/C 55/06

| Member State | France |
| --- | --- |
| Concerned route | Annecy (Meythet)–Paris (Orly) |
| Period of validity of the contract | Two years from 1 July 2010 at the earliest |
| Deadline for submission of applications and tenders | — | for applications (1st step): 19.4.2010 (12:00, local time) |

Member State

France

Concerned route

Annecy (Meythet)–Paris (Orly)

Period of validity of the contract

Two years from 1 July 2010 at the earliest

Deadline for submission of applications and tenders

—

for applications (1st step): 19.4.2010 (12:00, local time)

| — | for tenders (2nd step): 21.5.2010 (12:00, local time) |
| --- | --- |

—

for tenders (2nd step): 21.5.2010 (12:00, local time)

Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained

| Chambre de Commerce et d’Industrie de la Haute-Savoie |
| --- |
| 5 rue du 27ème BCA |
| B.P. 2072 |
| 74011 Annecy Cedex |
| FRANCE |
| Mr Roland DAVIET |
| Finance Director of the Chamber of Commerce and Industry (CCI) of Haute-Savoie |
| Tel. +33 450337220 |
| Fax +33 450337117 |
| E-mail: rdaviet@haute-savoie.cci.fr |

Chambre de Commerce et d’Industrie de la Haute-Savoie

5 rue du 27ème BCA

B.P. 2072

74011 Annecy Cedex

FRANCE

Mr Roland DAVIET

Finance Director of the Chamber of Commerce and Industry (CCI) of Haute-Savoie

Tel. +33 450337220

Fax +33 450337117

E-mail: rdaviet@haute-savoie.cci.fr

---

| 5.3.2010 | EN | Official Journal of the European Union | C 55/10 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/10

---

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(Text with EEA relevance)

2010/C 55/07

| Member State | Greece |
| --- | --- |
| Concerned route | Athens–Kozani–Kastoria |
| Date of entry into force of the public service obligations | From 1 June 2010 |
| Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained free of charge | Hellenic Civil Aviation Authority |
| Directorate General for Air Transport |
| Air Transport Division |
| Section II |
| Vas. Georgiou 1 |
| 166 04 Athens |
| GREECE |
| Tel. +30 2108916149 / 2108916121 |
| Fax +30 2108947132 |
| Internet: http://www.hcaa.gr |

Member State

Greece

Concerned route

Athens–Kozani–Kastoria

Date of entry into force of the public service obligations

From 1 June 2010

Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained free of charge

Hellenic Civil Aviation Authority

Directorate General for Air Transport

Air Transport Division

Section II

Vas. Georgiou 1

166 04 Athens

GREECE

Tel. +30 2108916149 / 2108916121

Fax +30 2108947132

Internet: http://www.hcaa.gr

---

| 5.3.2010 | EN | Official Journal of the European Union | C 55/11 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/11

---

Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

2010/C 55/08

| Member State | Greece |
| --- | --- |
| Concerned route | Athens–Kozani–Kastoria |
| Period of validity of the contract | 1 June 2010-31 May 2014 |
| Deadline for submission of tenders | 61 days after the day of publication of the notice of PSOs |
| Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained free of charge | Hellenic Civil Aviation Authority |
| Directorate General for Air Transport |
| Air Transport and International Affairs Division |
| Section II |
| Vas. Georgiou 1 |
| 166 04 Athens |
| GREECE |
| Tel. +30 2108916149 / 2108916121 |
| Fax +30 2108947132 |
| Internet: http://www.hcaa.gr |

Member State

Greece

Concerned route

Athens–Kozani–Kastoria

Period of validity of the contract

1 June 2010-31 May 2014

Deadline for submission of tenders

61 days after the day of publication of the notice of PSOs

Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained free of charge

Hellenic Civil Aviation Authority

Directorate General for Air Transport

Air Transport and International Affairs Division

Section II

Vas. Georgiou 1

166 04 Athens

GREECE

Tel. +30 2108916149 / 2108916121

Fax +30 2108947132

Internet: http://www.hcaa.gr

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 5.3.2010 | EN | Official Journal of the European Union | C 55/12 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/12

---

Notice of the expiry of certain anti-dumping measures

2010/C 55/09

Further to the publication of a notice of impending expiry (1) following which no request for a review was lodged, the European Commission gives notice that the anti-dumping measure mentioned below will shortly expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (2) on protection against dumped imports from countries not members of the European Community.

The partial interim reviews which were initiated pursuant to Article 11(3) of Regulation (EC) No 1225/2009 in order to examine the level of dumping are terminated accordingly (3)
   (4).

| Product | Country of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Polyester staple fibres | Republic of Korea | Anti-dumping duty | Council Regulation (EC) No 2852/2000 (OJ L 332, 28.12.2000, p. 17) as last amended by Council Regulation (EC) No 412/2009 (OJ L 125, 21.5.2009, p. 1) | 18.3.2010 |

Product

Country of origin or exportation

Measures

Reference

Date of expiry

Polyester staple fibres

Republic of Korea

Anti-dumping duty

Council Regulation (EC) No 2852/2000 (OJ L 332, 28.12.2000, p. 17) as last amended by Council Regulation (EC) No 412/2009 (OJ L 125, 21.5.2009, p. 1)

18.3.2010

---

(1)  OJ C 249, 17.10.2009, p. 18.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  OJ C 284, 25.11.2009, p. 30.

(4)  OJ C 142, 23.6.2009, p. 4.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 5.3.2010 | EN | Official Journal of the European Union | C 55/13 |
| --- | --- | --- | --- |

5.3.2010

EN

Official Journal of the European Union

C 55/13

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Notice published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/B-1/39.315 — ENI

(Text with EEA relevance)

2010/C 55/10

1.   INTRODUCTION

| (1) | According to Article 9 of 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 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 6 March 2009, the Commission adopted a statement of objections pursuant to Article 27(1) of Regulation (EC) No 1/2003 read in conjunction with Article 10(1) of Commission Regulation (EC) No 773/2004 (2) concerning alleged infringements of Article 102 TFEU by ENI Spa (hereafter ENI). ENI replied to the statement of objections on 1 October 2009. A hearing took place 27 November 2009. The statement of objections also constitutes a preliminary assessment within the meaning of Article 9 of Regulation (EC) No 1/2003. |
| --- | --- |

(2)

On 6 March 2009, the Commission adopted a statement of objections pursuant to Article 27(1) of Regulation (EC) No 1/2003 read in conjunction with Article 10(1) of Commission Regulation (EC) No 773/2004 (2) concerning alleged infringements of Article 102 TFEU by ENI Spa (hereafter ENI). ENI replied to the statement of objections on 1 October 2009. A hearing took place 27 November 2009. The statement of objections also constitutes a preliminary assessment within the meaning of Article 9 of Regulation (EC) No 1/2003.

| (3) | According to the statement of objections, ENI is a dominant player on the market(s) for the transport of natural gas to and into Italy as well as on the downstream gas markets for the supply of gas. |
| --- | --- |

(3)

According to the statement of objections, ENI is a dominant player on the market(s) for the transport of natural gas to and into Italy as well as on the downstream gas markets for the supply of gas.

| (4) | The statement of objections expressed the concern that ENI may have abused its dominant position according to Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) by refusing to supply transportation capacity on its natural gas pipelines. Notably, ENI’s management and operation of its natural gas transmission pipelines may have allegedly entailed (i) a refusal to grant access to capacity available on the transport network (‘capacity hoarding’), (ii) an offer of capacity in a less useful manner (‘capacity degradation’) and (iii) a strategic limitation of investment (‘strategic underinvestment’) in its international transmission pipeline system. |
| --- | --- |

(4)

The statement of objections expressed the concern that ENI may have abused its dominant position according to Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) by refusing to supply transportation capacity on its natural gas pipelines. Notably, ENI’s management and operation of its natural gas transmission pipelines may have allegedly entailed (i) a refusal to grant access to capacity available on the transport network (‘capacity hoarding’), (ii) an offer of capacity in a less useful manner (‘capacity degradation’) and (iii) a strategic limitation of investment (‘strategic underinvestment’) in its international transmission pipeline system.

| (5) | According to the statement of objections, these practices may have taken place despite very significant short- and long-term demand from third party shippers, which may have led to a foreclosure of competitors trying to transport and sell gas to Italian customers and therefore may have restricted competition on the downstream gas supply markets. |
| --- | --- |

(5)

According to the statement of objections, these practices may have taken place despite very significant short- and long-term demand from third party shippers, which may have led to a foreclosure of competitors trying to transport and sell gas to Italian customers and therefore may have restricted competition on the downstream gas supply markets.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

| (6) | ENI does not agree with the conclusions of the Commission’s statement of objections. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to address the Commission’s competition concerns. The key elements of the commitments can be summarised as follows: |
| --- | --- |

(6)

ENI does not agree with the conclusions of the Commission’s statement of objections. It has nevertheless offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to address the Commission’s competition concerns. The key elements of the commitments can be summarised as follows:

| (7) | ENI will divest its current gas transmission system businesses in Germany (TENP) to a suitable purchaser that must not raise prima facie competition concerns. ENI will divest its current gas transmission system businesses in Switzerland (Transitgas) to a suitable purchaser that must not raise prima facie competition concerns. ENI will divest its gas transmission system businesses in Austria either to Cassa Depositi e Prestiti SpA (hereafter CDP), a publicly controlled joint stock company, or, alternatively, to another public entity controlled by the Italian Government fulfilling the requirements set in the commitments. |
| --- | --- |

(7)

ENI will divest its current gas transmission system businesses in Germany (TENP) to a suitable purchaser that must not raise prima facie competition concerns. ENI will divest its current gas transmission system businesses in Switzerland (Transitgas) to a suitable purchaser that must not raise prima facie competition concerns. ENI will divest its gas transmission system businesses in Austria either to Cassa Depositi e Prestiti SpA (hereafter CDP), a publicly controlled joint stock company, or, alternatively, to another public entity controlled by the Italian Government fulfilling the requirements set in the commitments.

| (8) | Should no binding sale and purchase agreements be signed within the divestiture period subparagraph (7) above with suitable purchasers or, in the case of the gas transmission system business in Austria, with CDP or another public entity, controlled by the Italian Government, ENI will grant the divestiture trustee an exclusive mandate to sell the divestment businesses to a suitable purchaser at no minimum price. |
| --- | --- |

(8)

Should no binding sale and purchase agreements be signed within the divestiture period subparagraph (7) above with suitable purchasers or, in the case of the gas transmission system business in Austria, with CDP or another public entity, controlled by the Italian Government, ENI will grant the divestiture trustee an exclusive mandate to sell the divestment businesses to a suitable purchaser at no minimum price.

| (9) | Concerning the gas transmission system businesses in Germany, ENI notably committed to divest:






  — | its entire shareholding in Eni Gas Transport GmbH, which in turn correspond to a controlling participation of 49 % in Trans Europa Naturgas Pipeline GmbH & Co. KG, the company owning and operating the TENP pipeline system with a total length of approx. 500 km (from the border where TENP pipeline system is connected to the Dutch network to the Swiss border where TENP is interconnected with the Transitgas pipeline system), |
| --- | --- | --- |

(9)

Concerning the gas transmission system businesses in Germany, ENI notably committed to divest:

—

its entire shareholding in Eni Gas Transport GmbH, which in turn correspond to a controlling participation of 49 % in Trans Europa Naturgas Pipeline GmbH & Co. KG, the company owning and operating the TENP pipeline system with a total length of approx. 500 km (from the border where TENP pipeline system is connected to the Dutch network to the Swiss border where TENP is interconnected with the Transitgas pipeline system),

| — | its entire shareholding in Eni Gas Transport Deutschland S.p.A., which provides natural gas transportation services (as transmission system operator/TSO) through its ca. 60-70 % of the capacity rights of TENP, with the remaining (ca. 30-40 %) capacity managed by the other carrier E.On Gastransport GmbH, |
| --- | --- |

—

its entire shareholding in Eni Gas Transport Deutschland S.p.A., which provides natural gas transportation services (as transmission system operator/TSO) through its ca. 60-70 % of the capacity rights of TENP, with the remaining (ca. 30-40 %) capacity managed by the other carrier E.On Gastransport GmbH,

| — | auxiliary equipment necessary for the operation of the transmission network, |
| --- | --- |

—

auxiliary equipment necessary for the operation of the transmission network,

| — | intangible assets necessary for the operation of the transmission network (such as contracts and licenses and the beneficial use agreements). |
| --- | --- |

—

intangible assets necessary for the operation of the transmission network (such as contracts and licenses and the beneficial use agreements).

| (10) | Concerning the gas transmission system businesses in Switzerland, ENI notably committed to divest:






  — | its share of 46 % in Transitgas AG, which owns and operates the Transitgas pipeline system consisting of approx. 292 km of natural gas pipelines, |
| --- | --- | --- |

(10)

Concerning the gas transmission system businesses in Switzerland, ENI notably committed to divest:

—

its share of 46 % in Transitgas AG, which owns and operates the Transitgas pipeline system consisting of approx. 292 km of natural gas pipelines,

| — | its entire shareholding in Eni Gas Transport International SA (ENI GTI) providing natural gas transportation services including marketing of transport capacity of approx. 85-95 % of the capacity of the Transitgas pipeline system (as TSO), |
| --- | --- |

—

its entire shareholding in Eni Gas Transport International SA (ENI GTI) providing natural gas transportation services including marketing of transport capacity of approx. 85-95 % of the capacity of the Transitgas pipeline system (as TSO),

| — | auxiliary equipment necessary for the operation of the transmission network, |
| --- | --- |

—

auxiliary equipment necessary for the operation of the transmission network,

| — | intangible assets necessary for the operation of the transmission network (such as contracts and licenses, the lease agreement under which capacity rights are assigned), |
| --- | --- |

—

intangible assets necessary for the operation of the transmission network (such as contracts and licenses, the lease agreement under which capacity rights are assigned),

| — | in this respect it has to be pointed out that some functions carried out by ENI GTI, auxiliary to the operation of the transmission network, are provided jointly to all of ENI’s transmission networks within and outside the EU and to other carriers’ business. Those shared functions (consisting among others in assistance and support for engineering, hydraulics, metering, operation and maintenance and materials) and the relevant personnel are not part of the divestiture businesses (3). However, ENI committed to transfer all the shared functions to a New Service Company that may provide those services also to the Purchaser(s) upon request. |
| --- | --- |

—

in this respect it has to be pointed out that some functions carried out by ENI GTI, auxiliary to the operation of the transmission network, are provided jointly to all of ENI’s transmission networks within and outside the EU and to other carriers’ business. Those shared functions (consisting among others in assistance and support for engineering, hydraulics, metering, operation and maintenance and materials) and the relevant personnel are not part of the divestiture businesses (3). However, ENI committed to transfer all the shared functions to a New Service Company that may provide those services also to the Purchaser(s) upon request.

| (11) | Concerning the gas transmission system businesses in Austria, ENI notably committed to divest:






  — | its share of 89 % in participation in Trans Austria Gasleitung GmbH that holds 100 % of the capacity rights for the transport of natural gas on the TAG pipeline pursuant to a lease agreement and that provides natural gas transportation services (as TSO), |
| --- | --- | --- |

(11)

Concerning the gas transmission system businesses in Austria, ENI notably committed to divest:

—

its share of 89 % in participation in Trans Austria Gasleitung GmbH that holds 100 % of the capacity rights for the transport of natural gas on the TAG pipeline pursuant to a lease agreement and that provides natural gas transportation services (as TSO),

| — | intangible assets necessary for the operation of the transmission network (such as contracts and licenses, lease agreement). |
| --- | --- |

—

intangible assets necessary for the operation of the transmission network (such as contracts and licenses, lease agreement).

| (12) | ENI also commits for a limited period following the closing of the divestiture to supply the purchaser(s) with auxiliary services necessary for the operation of the transmission networks (such as for example fuel gas and gas supply contract for balancing services) as well as other services currently provided by Eni GTI as Shared Functions. |
| --- | --- |

(12)

ENI also commits for a limited period following the closing of the divestiture to supply the purchaser(s) with auxiliary services necessary for the operation of the transmission networks (such as for example fuel gas and gas supply contract for balancing services) as well as other services currently provided by Eni GTI as Shared Functions.

| (13) | The businesses will be endowed with the personnel necessary for the operation of the transmission network. |
| --- | --- |

(13)

The businesses will be endowed with the personnel necessary for the operation of the transmission network.

| (14) | As from 22 December 2009 and until the time of closing, ENI commits not to prolong or renew any transport contract or enter into any new transport contract for its benefit as shipper on the TAG, TENP and Transitgas pipelines, except for possible future auctions and other public allocation procedures for reverse flow transportation capacity towards markets other than the Italian one (4). |
| --- | --- |

(14)

As from 22 December 2009 and until the time of closing, ENI commits not to prolong or renew any transport contract or enter into any new transport contract for its benefit as shipper on the TAG, TENP and Transitgas pipelines, except for possible future auctions and other public allocation procedures for reverse flow transportation capacity towards markets other than the Italian one (4).

| (15) | An independent monitoring trustee will be appointed to supervise the fulfilment of these commitments by ENI. |
| --- | --- |

(15)

An independent monitoring trustee will be appointed to supervise the fulfilment of these commitments by ENI.

| (16) | The non-confidential version of the commitments is published in full in the authentic English text and available on the website of the Directorate-General for Competition at: http://ec.europa.eu/comm/competition/index_en.html |
| --- | --- |

(16)

The non-confidential version of the commitments is published in full in the authentic English text and available on the website of the Directorate-General for Competition at: http://ec.europa.eu/comm/competition/index_en.html

4.   INVITATION TO MAKE COMMENTS

| (17) | The Commission envisages, 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 website of the Directorate-General for Competition to be binding. |
| --- | --- |

(17)

The Commission envisages, 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 website of the Directorate-General for Competition to be binding.

| (18) | 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 comments are based and, if a problem is identified, a proposal for a solution of the identified problem:






  (a) | The divestiture of ENI's carrier and TSO companies managing and operating TENP, Transitgas and TAG is meant to address the identified problems of refusal to supply transportation capacity. In this respect, ENI notably committed to divest its entire share in ENI GTI. However, some of the functions carried out by this company will not be part of the divestiture. Among those are, for example, the assistance and support for technical operations, metering and operation and maintenance functions. Do you have comments regarding the non-inclusion among the transferred assets of such auxiliary services in terms of impact on the management and operation of the divested businesses? In particular, are those auxiliary services easily duplicable or available in outsourcing on the market for the purchaser(s)? Does the proposal of acquiring those functions from a New Service Company (controlled by ENI) raise concerns regarding the possibility that the purchaser(s) would effectively and independently run the transmission businesses? |
| --- | --- | --- |

(18)

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 comments are based and, if a problem is identified, a proposal for a solution of the identified problem:

(a)

The divestiture of ENI's carrier and TSO companies managing and operating TENP, Transitgas and TAG is meant to address the identified problems of refusal to supply transportation capacity. In this respect, ENI notably committed to divest its entire share in ENI GTI. However, some of the functions carried out by this company will not be part of the divestiture. Among those are, for example, the assistance and support for technical operations, metering and operation and maintenance functions. Do you have comments regarding the non-inclusion among the transferred assets of such auxiliary services in terms of impact on the management and operation of the divested businesses? In particular, are those auxiliary services easily duplicable or available in outsourcing on the market for the purchaser(s)? Does the proposal of acquiring those functions from a New Service Company (controlled by ENI) raise concerns regarding the possibility that the purchaser(s) would effectively and independently run the transmission businesses?

| (b) | ENI is not prevented from booking reverse flow capacity on the transmission networks. Do you have comments regarding the impact that such bookings might have on the capacity available in imports toward Italy? |
| --- | --- |

(b)

ENI is not prevented from booking reverse flow capacity on the transmission networks. Do you have comments regarding the impact that such bookings might have on the capacity available in imports toward Italy?

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

| (19) | Third parties’ observations must reach the Commission no 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 business secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’. If your request for the protection of confidential information is justified, the Commission will ensure the protection of this information. |
| --- | --- |

(19)

Third parties’ observations must reach the Commission no 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 business secrets and other confidential passages are deleted and are replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’. If your request for the protection of confidential information is justified, the Commission will ensure the protection of this information.

| (20) | Observations may be sent to the Commission under reference number COMP/B-1/39.315 — ENI, either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by mail, to the following address:





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

(20)

Observations may be sent to the Commission under reference number COMP/B-1/39.315 — ENI, either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by mail, to the following address:

European Commission

Directorate-General for Competition

Antitrust Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102, respectively, of the Treaty on the Functioning of the European Union (‘TFEU’). The two sets of provisions are, in substance, identical. For the purposes of this notice, references to Article 102 TFEU should be understood as references to Article 82 of the EC Treaty where appropriate.

(2)  OJ L 123, 27.4.2004, p. 18.

(3)  See paragraph 3 of Schedule 1C.

(4)  See paragraph 2(e) of the Schedules.

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| 5.3.2010 | EN | Official Journal of the European Union | C 55/16 |
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5.3.2010

EN

Official Journal of the European Union

C 55/16

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Prior notification of a concentration

(Case COMP/M.5817 — Triton Fund III/Ambea)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 55/11

| 1. | On 26 February 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 undertakings Triton Managers III Limited and TFF III Limited (collectively, ‘Triton Fund III’, Channel Islands), belonging to the Triton investment funds group, acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of the undertaking Ambea AB (‘Ambea’, Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 26 February 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 undertakings Triton Managers III Limited and TFF III Limited (collectively, ‘Triton Fund III’, Channel Islands), belonging to the Triton investment funds group, acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of the undertaking Ambea AB (‘Ambea’, Sweden) by way of purchase of shares.

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






  — | for Triton Fund III: private equity investment fund, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Triton Fund III: private equity investment fund,

| — | for Ambea: provision of healthcare services and care services in Sweden, Finland and Norway. |
| --- | --- |

—

for Ambea: provision of healthcare services and care services in Sweden, Finland and Norway.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5817 — Triton Fund III/Ambea, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5817 — Triton Fund III/Ambea, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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| 5.3.2010 | EN | Official Journal of the European Union | C 55/17 |
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5.3.2010

EN

Official Journal of the European Union

C 55/17

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Prior notification of a concentration

(Case COMP/M.5763 — Dassault Systemes/IBM DS PLM Software business)

(Text with EEA relevance)

2010/C 55/12

| 1. | On 24 February 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 Dassault Systèmes (France) belonging to Group Industriel Marcel Dassault (France) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of part of IBM Corporation's (‘IBM’) Dassault Systèmes product life management (‘PLM’) software business (‘IBM's DS PLM software business’, United States of America) by way of purchase of assets. |
| --- | --- |

1.

On 24 February 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 Dassault Systèmes (France) belonging to Group Industriel Marcel Dassault (France) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of part of IBM Corporation's (‘IBM’) Dassault Systèmes product life management (‘PLM’) software business (‘IBM's DS PLM software business’, United States of America) by way of purchase of assets.

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






  — | for Dassault Systèmes: development and sale of PLM software solutions, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Dassault Systèmes: development and sale of PLM software solutions,

| — | for IBM's DS PLM software business: distribution of Dassault Systèmes software products. |
| --- | --- |

—

for IBM's DS PLM software business: distribution of Dassault Systèmes software products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5763 — Dassault Systemes/IBM DS PLM Software business, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5763 — Dassault Systemes/IBM DS PLM Software business, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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5.3.2010

| 5.3.2010 | EN | Official Journal of the European Union | C 55/s3 |
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EN

Official Journal of the European Union

C 55/s3

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NOTICE

On 5 March 2010, in Official Journal of the European Union C 55 A, the ‘Common catalogue of varieties of agricultural plant species — Second supplement to the 28th complete edition’ will be published.

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