# Official Journal C 26/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 26 |
| | |
| English edition | Information and Notices | Volume 6026 January 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 26

English edition

Information and Notices

Volume 6026 January 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 26/01 | Euro exchange rates | 1 |
| 2017/C 26/02 | Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40153 — E-book MFNs and related matters | 2 |
| 2017/C 26/03 | Commission communication concerning the implementation of Article 4 of Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European air traffic management network (Publication of titles and references of Community specifications under the Regulation) (
  1
  ) | 5 |
| | NOTICES FROM MEMBER STATES |
| 2017/C 26/04 | 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 transporting cargo and mail, in accordance with public service obligations (
  1
  ) | 6 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2017/C 26/05 | No State aid within the meaning of Article 61(1) of the EEA Agreement | 7 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 26/01

Euro exchange rates

1

2017/C 26/02

Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40153 — E-book MFNs and related matters

2

2017/C 26/03

Commission communication concerning the implementation of Article 4 of Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European air traffic management network (Publication of titles and references of Community specifications under the Regulation) (
  1
  )

Publication of titles and references of Community specifications under the Regulation

1

5

NOTICES FROM MEMBER STATES

2017/C 26/04

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 transporting cargo and mail, in accordance with public service obligations (
  1
  )

1

6

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2017/C 26/05

No State aid within the meaning of Article 61(1) of the EEA Agreement

7

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| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2017/C 26/06 | Call for Proposals — EACEA/04/2017 under the Erasmus+ Programme — KA 2 — Cooperation for Innovation and Exchange of Good Practices — Sector Skills Alliances | 8 |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2017/C 26/07 | Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 19 February 2016 in the case of Ski Taxi SA, Follo Taxi SA og Ski Follo Taxidrift AS v staten v/Konkurransetilsynet (Case E-3/16) | 16 |
| 2017/C 26/08 | Request for an Advisory Opinion from the EFTA Court by the Norwegian Board of Appeal for Industrial Property Rights dated 22 March 2016 in the case of an appeal from the municipality of Oslo (Case E-5/16) | 17 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 26/09 | Prior notification of a concentration (Case M.8347 — EQT Fund Management/Getec Energie Holding/Getec Target Companies) — Candidate case for simplified procedure (
  1
  ) | 18 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2017/C 26/06

Call for Proposals — EACEA/04/2017 under the Erasmus+ Programme — KA 2 — Cooperation for Innovation and Exchange of Good Practices — Sector Skills Alliances

8

COURT PROCEEDINGS

EFTA Court

2017/C 26/07

Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 19 February 2016 in the case of Ski Taxi SA, Follo Taxi SA og Ski Follo Taxidrift AS v staten v/Konkurransetilsynet (Case E-3/16)

16

2017/C 26/08

Request for an Advisory Opinion from the EFTA Court by the Norwegian Board of Appeal for Industrial Property Rights dated 22 March 2016 in the case of an appeal from the municipality of Oslo (Case E-5/16)

17

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 26/09

Prior notification of a concentration (Case M.8347 — EQT Fund Management/Getec Energie Holding/Getec Target Companies) — Candidate case for simplified procedure (
  1
  )

1

18

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

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(1)   Text with EEA relevance.

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 26.1.2017 | EN | Official Journal of the European Union | C 26/1 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/1

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Euro exchange rates (1)

25 January 2017

(2017/C 26/01)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0743 |
| JPY | Japanese yen | 121,79 |
| DKK | Danish krone | 7,4366 |
| GBP | Pound sterling | 0,85323 |
| SEK | Swedish krona | 9,4833 |
| CHF | Swiss franc | 1,0732 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,9453 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,022 |
| HUF | Hungarian forint | 309,72 |
| PLN | Polish zloty | 4,3641 |
| RON | Romanian leu | 4,4986 |
| TRY | Turkish lira | 4,1082 |
| AUD | Australian dollar | 1,4213 |
| CAD | Canadian dollar | 1,4070 |
| HKD | Hong Kong dollar | 8,3343 |
| NZD | New Zealand dollar | 1,4789 |
| SGD | Singapore dollar | 1,5238 |
| KRW | South Korean won | 1 251,45 |
| ZAR | South African rand | 14,2587 |
| CNY | Chinese yuan renminbi | 7,3935 |
| HRK | Croatian kuna | 7,4978 |
| IDR | Indonesian rupiah | 14 319,89 |
| MYR | Malaysian ringgit | 4,7608 |
| PHP | Philippine peso | 53,326 |
| RUB | Russian rouble | 63,6282 |
| THB | Thai baht | 37,848 |
| BRL | Brazilian real | 3,4057 |
| MXN | Mexican peso | 23,0674 |
| INR | Indian rupee | 73,1385 |

Currency

Exchange rate

USD

US dollar

1,0743

JPY

Japanese yen

121,79

DKK

Danish krone

7,4366

GBP

Pound sterling

0,85323

SEK

Swedish krona

9,4833

CHF

Swiss franc

1,0732

ISK

Iceland króna

NOK

Norwegian krone

8,9453

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,022

HUF

Hungarian forint

309,72

PLN

Polish zloty

4,3641

RON

Romanian leu

4,4986

TRY

Turkish lira

4,1082

AUD

Australian dollar

1,4213

CAD

Canadian dollar

1,4070

HKD

Hong Kong dollar

8,3343

NZD

New Zealand dollar

1,4789

SGD

Singapore dollar

1,5238

KRW

South Korean won

1 251,45

ZAR

South African rand

14,2587

CNY

Chinese yuan renminbi

7,3935

HRK

Croatian kuna

7,4978

IDR

Indonesian rupiah

14 319,89

MYR

Malaysian ringgit

4,7608

PHP

Philippine peso

53,326

RUB

Russian rouble

63,6282

THB

Thai baht

37,848

BRL

Brazilian real

3,4057

MXN

Mexican peso

23,0674

INR

Indian rupee

73,1385

---

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

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| 26.1.2017 | EN | Official Journal of the European Union | C 26/2 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/2

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Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40153 — E-book MFNs and related matters

(2017/C 26/02)

1.   INTRODUCTION

| (1) | According to Article 9 of the 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 (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. |
| --- | --- |

(1)

According to Article 9 of the 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 (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.

| (2) | 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)

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

| (3) | On 9 December 2016 the Commission adopted a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003 concerning alleged infringements of Amazon.com, Inc., and its connected undertakings, including Amazon EU S.à.r.l., Amazon Media EU S.à.r.l. and Amazon Digital Services Inc. (hereinafter collectively ‘Amazon’) in relation to the retail distribution of e-books to consumers in the EEA. |
| --- | --- |

(3)

On 9 December 2016 the Commission adopted a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003 concerning alleged infringements of Amazon.com, Inc., and its connected undertakings, including Amazon EU S.à.r.l., Amazon Media EU S.à.r.l. and Amazon Digital Services Inc. (hereinafter collectively ‘Amazon’) in relation to the retail distribution of e-books to consumers in the EEA.

| (4) | According to the preliminary assessment, Amazon may be dominant in the relevant markets for the retail distribution of English and German language e-books to consumers in the EEA. The preliminary assessment expressed the Commission's concern that Amazon may have abused its potentially dominant position in breach of Article 102 of the Treaty and Article 54 of the EEA Agreement by requiring E-books Suppliers (2) (i) to notify Amazon of more favourable or alternative terms and conditions they offer elsewhere and/or (ii) to make available to Amazon terms and conditions which directly or indirectly depend on the terms and conditions offered to another E-book Retailer (3) (hereinafter, collectively referred to as ‘Parity Clauses’). The Commission's preliminary concerns focus on the following Parity Clauses: |
| --- | --- |

(4)

According to the preliminary assessment, Amazon may be dominant in the relevant markets for the retail distribution of English and German language e-books to consumers in the EEA. The preliminary assessment expressed the Commission's concern that Amazon may have abused its potentially dominant position in breach of Article 102 of the Treaty and Article 54 of the EEA Agreement by requiring E-books Suppliers (2) (i) to notify Amazon of more favourable or alternative terms and conditions they offer elsewhere and/or (ii) to make available to Amazon terms and conditions which directly or indirectly depend on the terms and conditions offered to another E-book Retailer (3) (hereinafter, collectively referred to as ‘Parity Clauses’). The Commission's preliminary concerns focus on the following Parity Clauses:

| (5) | Clauses requiring an E-book Supplier to notify and offer to Amazon the terms for the distribution of e-books under a given business model as a result of the E-book Supplier's distribution of e-books under that business model through any E-book Retailer other than Amazon (‘Business Model Parity’). |
| --- | --- |

(5)

Clauses requiring an E-book Supplier to notify and offer to Amazon the terms for the distribution of e-books under a given business model as a result of the E-book Supplier's distribution of e-books under that business model through any E-book Retailer other than Amazon (‘Business Model Parity’).

| (6) | Clauses requiring the E-book Supplier to make available to Amazon (i) a given e-book within a particular territory and/or at a particular date and time as a result of the E-book Supplier's distribution of that e-book to any E-book Retailer other than Amazon (‘Selection Parity’) and/or (ii) any feature, functionality, usage rule, element or content for one or more e-books as a result of the E-book Supplier making that feature, functionality, usage rule, element or content available for that e-book through an E-book Retailer other than Amazon (‘Features Parity’). |
| --- | --- |

(6)

Clauses requiring the E-book Supplier to make available to Amazon (i) a given e-book within a particular territory and/or at a particular date and time as a result of the E-book Supplier's distribution of that e-book to any E-book Retailer other than Amazon (‘Selection Parity’) and/or (ii) any feature, functionality, usage rule, element or content for one or more e-books as a result of the E-book Supplier making that feature, functionality, usage rule, element or content available for that e-book through an E-book Retailer other than Amazon (‘Features Parity’).

| (7) | Clauses (i) requiring the E-book Supplier to set an agency price on Amazon that depends in any way on the agency price set by the E-book Supplier (or charged by an E-book Retailer) on any E-book Retailer other than Amazon, or on the reseller prices charged to consumers by E-book Retailers other than Amazon (‘Agency Price Parity’) and/or (ii) requiring the E-book Supplier to offer to Amazon any promotional agency price, promotional wholesale price, or promotional content as a result of the E-book Supplier offering promotional agency prices, promotional wholesale prices, or promotional content through an E-book Retailer other than Amazon (‘Promotion Parity’) and/or (iii) providing for a ‘pool’ of credits that Amazon may use at its discretion to discount agency prices for any e-book supplied by that E-book Supplier on Amazon. The pool is calculated based on the differences between the agency prices set by the E-book Supplier for its e-books on Amazon and the agency prices or reseller prices for those e-books available through other E-book Retailers. The revenues to the E-book Supplier and the commissions to Amazon are computed on the basis of the discounted agency price (‘Discount Pool Provisions’). |
| --- | --- |

(7)

Clauses (i) requiring the E-book Supplier to set an agency price on Amazon that depends in any way on the agency price set by the E-book Supplier (or charged by an E-book Retailer) on any E-book Retailer other than Amazon, or on the reseller prices charged to consumers by E-book Retailers other than Amazon (‘Agency Price Parity’) and/or (ii) requiring the E-book Supplier to offer to Amazon any promotional agency price, promotional wholesale price, or promotional content as a result of the E-book Supplier offering promotional agency prices, promotional wholesale prices, or promotional content through an E-book Retailer other than Amazon (‘Promotion Parity’) and/or (iii) providing for a ‘pool’ of credits that Amazon may use at its discretion to discount agency prices for any e-book supplied by that E-book Supplier on Amazon. The pool is calculated based on the differences between the agency prices set by the E-book Supplier for its e-books on Amazon and the agency prices or reseller prices for those e-books available through other E-book Retailers. The revenues to the E-book Supplier and the commissions to Amazon are computed on the basis of the discounted agency price (‘Discount Pool Provisions’).

| (8) | Clauses requiring the E-book Supplier to provide Amazon a wholesale price that depends in any way on the wholesale/agency price the E-book Supplier provides to any E-book Retailer other than Amazon, or the reseller price charged to consumers by any E-book Retailer other than Amazon (‘Wholesale Price Parity’). |
| --- | --- |

(8)

Clauses requiring the E-book Supplier to provide Amazon a wholesale price that depends in any way on the wholesale/agency price the E-book Supplier provides to any E-book Retailer other than Amazon, or the reseller price charged to consumers by any E-book Retailer other than Amazon (‘Wholesale Price Parity’).

| (9) | Clauses requiring the E-book Supplier to notify Amazon if it makes available different alternative business models, e-books, availability dates, features, promotions or lower wholesale and agency prices to E-book Retailers other than Amazon (‘Notification Provisions’). |
| --- | --- |

(9)

Clauses requiring the E-book Supplier to notify Amazon if it makes available different alternative business models, e-books, availability dates, features, promotions or lower wholesale and agency prices to E-book Retailers other than Amazon (‘Notification Provisions’).

| (10) | In the preliminary assessment, the Commission took the preliminary view that the Business Model Parity and the respective Notification Provisions may be capable of (i) reducing E-book Suppliers' incentives to support and invest in alternative new and innovative business models, (ii) reducing Amazon's competitors' ability and incentives to develop and differentiate their offerings through such business models, (iii) deterring entry and/or expansion by E-book Retailers, thus may be weakening competition at the e-book distribution level and strengthening Amazon's potentially already-dominant position. |
| --- | --- |

(10)

In the preliminary assessment, the Commission took the preliminary view that the Business Model Parity and the respective Notification Provisions may be capable of (i) reducing E-book Suppliers' incentives to support and invest in alternative new and innovative business models, (ii) reducing Amazon's competitors' ability and incentives to develop and differentiate their offerings through such business models, (iii) deterring entry and/or expansion by E-book Retailers, thus may be weakening competition at the e-book distribution level and strengthening Amazon's potentially already-dominant position.

| (11) | Further, the Selection Parity and the Feature Parity may be capable of (i) reducing the incentives of E-book Suppliers and E-book Retailers to develop e-books which are not primarily text and preventing differentiation of E-book Retailers, thus potentially weakening competition at the e-book distribution level, (ii) weakening competition between, and deterring entry and/or expansion by, E-book Retailers by limiting the scope for differentiated e-book offerings by E-book Retailers, which may result in higher prices and less choice for consumers. |
| --- | --- |

(11)

Further, the Selection Parity and the Feature Parity may be capable of (i) reducing the incentives of E-book Suppliers and E-book Retailers to develop e-books which are not primarily text and preventing differentiation of E-book Retailers, thus potentially weakening competition at the e-book distribution level, (ii) weakening competition between, and deterring entry and/or expansion by, E-book Retailers by limiting the scope for differentiated e-book offerings by E-book Retailers, which may result in higher prices and less choice for consumers.

| (12) | Moreover, the Agency Price Parity, Promotion Parity, Discount Pool Provisions and the respective Notification Provisions (in combination with Amazon's conduct aimed at achieving retail price parity) may be capable of (i) deterring the entry or expansion of E-book Retailers, thereby strengthening Amazon's potentially dominant position, (ii) allowing Amazon to reduce competition between E-book Retailers and thereby to obtain higher commissions from E-book Suppliers, which may ultimately lead to higher e-book retail prices. |
| --- | --- |

(12)

Moreover, the Agency Price Parity, Promotion Parity, Discount Pool Provisions and the respective Notification Provisions (in combination with Amazon's conduct aimed at achieving retail price parity) may be capable of (i) deterring the entry or expansion of E-book Retailers, thereby strengthening Amazon's potentially dominant position, (ii) allowing Amazon to reduce competition between E-book Retailers and thereby to obtain higher commissions from E-book Suppliers, which may ultimately lead to higher e-book retail prices.

| (13) | Finally, the Wholesale Price Parity (i) may be capable of hindering E-book Retailers from entering and expanding in the relevant markets by offering lower e-book retail prices to consumers than Amazon and (ii) may reinforce the potential effects of the Selection Parity by ensuring that Amazon accesses e-books at best wholesale terms in case E-book Suppliers prefer not to offer a given e-book to Amazon. |
| --- | --- |

(13)

Finally, the Wholesale Price Parity (i) may be capable of hindering E-book Retailers from entering and expanding in the relevant markets by offering lower e-book retail prices to consumers than Amazon and (ii) may reinforce the potential effects of the Selection Parity by ensuring that Amazon accesses e-books at best wholesale terms in case E-book Suppliers prefer not to offer a given e-book to Amazon.

| (14) | The preliminary assessment expressed the Commission's concerns that all the Parity Clauses described above represent, in and of themselves, a potential abuse of Amazon's dominant position in the relevant markets in the EEA. In addition, the Commission preliminarily considers that the combination of the different Price-Related Parity Clauses (i.e., Agency Price Parity, Discount Pool Provisions, Promotion Parity, Wholesale Price Parity and Agency Commission Parity (4)), Non-Price-Related Parity Clauses (i.e., Business Model Parity, Selection and Features Parity) and Notification Provisions will likely reinforce the potential anti-competitive effects of the individual Parity Clauses. |
| --- | --- |

(14)

The preliminary assessment expressed the Commission's concerns that all the Parity Clauses described above represent, in and of themselves, a potential abuse of Amazon's dominant position in the relevant markets in the EEA. In addition, the Commission preliminarily considers that the combination of the different Price-Related Parity Clauses (i.e., Agency Price Parity, Discount Pool Provisions, Promotion Parity, Wholesale Price Parity and Agency Commission Parity (4)), Non-Price-Related Parity Clauses (i.e., Business Model Parity, Selection and Features Parity) and Notification Provisions will likely reinforce the potential anti-competitive effects of the individual Parity Clauses.

3.   THE MAIN CONTENT OF THE OFFERED COMMITMENTS

| (15) | Amazon 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 are as follows:






  (a) | Amazon will not enforce or otherwise rely upon any Business Model Parity, Agency Commission Parity, Agency Price Parity, Features Parity, Promotion Parity, Selection Parity, Wholesale Price Parity or Notification Provision contained in agreements between Amazon and E-book Suppliers for the sale of e-books to consumers in the EEA. Amazon will notify each of these E-book Suppliers that it will no longer enforce such provisions. |
| --- | --- | --- |

(15)

Amazon 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 are as follows:

(a)

Amazon will not enforce or otherwise rely upon any Business Model Parity, Agency Commission Parity, Agency Price Parity, Features Parity, Promotion Parity, Selection Parity, Wholesale Price Parity or Notification Provision contained in agreements between Amazon and E-book Suppliers for the sale of e-books to consumers in the EEA. Amazon will notify each of these E-book Suppliers that it will no longer enforce such provisions.

| (b) | Amazon will offer each E-book Supplier whose e-book agreement for the sale of e-books to consumers in the EEA contains a Discount Pool Provision currently in effect the opportunity to terminate the agreement for any reason upon 120 days' advance written notice. |
| --- | --- |

(b)

Amazon will offer each E-book Supplier whose e-book agreement for the sale of e-books to consumers in the EEA contains a Discount Pool Provision currently in effect the opportunity to terminate the agreement for any reason upon 120 days' advance written notice.

| (c) | Amazon will not include in any new e-book agreement with any E-book Supplier any Price-Related Parity Clause, Non-Price-Related Parity Clause, or Notification Provision. |
| --- | --- |

(c)

Amazon will not include in any new e-book agreement with any E-book Supplier any Price-Related Parity Clause, Non-Price-Related Parity Clause, or Notification Provision.

| (d) | The duration of the commitments would be five years from the date on which Amazon receives formal notification of the Commission's decision pursuant to Article 9 of Regulation (EC) No 1/2003. Amazon shall appoint a Monitoring Trustee to monitor Amazon's compliance with the commitments. |
| --- | --- |

(d)

The duration of the commitments would be five years from the date on which Amazon receives formal notification of the Commission's decision pursuant to Article 9 of Regulation (EC) No 1/2003. Amazon shall appoint a Monitoring Trustee to monitor Amazon's compliance with the commitments.

| (16) | The commitments are published in full in English on the website of the Directorate-General for Competition at:
  http://ec.europa.eu/competition/index_en.html |
| --- | --- |

(16)

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

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

4.   INVITATION TO MAKE COMMENTS

| (17) | Subject to market testing, the Commission intends to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring binding the commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition. |
| --- | --- |

(17)

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

| (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. These 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 any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’. |
| --- | --- |

(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. These 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 any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’.

| (19) | Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, the Commission would also invite you to suggest a possible solution. |
| --- | --- |

(19)

Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, the Commission would also invite you to suggest a possible solution.

| (20) | Observations can be sent to the Commission under reference AT.40153 E-book MFNs and related matters either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+322 2950128) or by post, to the following address:





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

(20)

Observations can be sent to the Commission under reference AT.40153 E-book MFNs and related matters either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+322 2950128) 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, Articles 81 and 82 of the EC Treaty have become Articles 101 and, respectively, 102 of the TFEU. The two sets of provisions are in substance identical. For the purposes of this notice, references to Articles 101 and 102 of the TFEU should be understood as references to Articles 81 and 82 of the EC Treaty when applicable.

(2)  The terminology ‘E-book Supplier’ is used in order to encompass all entities that hold the necessary rights to license e-books to e-books retailers or sell e-books directly to consumers. As such, ‘E-book Suppliers’ include e-book publishers and certain intermediaries (for instance, wholesalers or aggregators).

(3)  The terminology ‘E-book Retailer’ for the purposes of this document includes any person or entity that lawfully sells (or seeks to lawfully sell) e-books to consumers in one or more countries in the EEA, or through which an E-book Supplier, under an agency agreement, sells e-books to consumers in one or more countries in the EEA. An E-book Supplier is an E-book Retailer to the extent that the E-book Supplier sells e-books directly to consumers or sells e-books through an agent under an agency agreement.

(4)  Agency Commission Parity is a clause requiring the E-book Supplier to provide Amazon an agency commission that depends in any way on the agency commission the E-book Supplier provides to any E-book Retailer other than Amazon under an agency agreement.

---

| 26.1.2017 | EN | Official Journal of the European Union | C 26/5 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/5

---

Commission communication concerning the implementation of Article 4 of Regulation (EC) No 552/2004 of the European Parliament and of the Council on the interoperability of the European air traffic management network (1)

(Publication of titles and references of Community specifications under the Regulation)

(Text with EEA relevance)

(2017/C 26/03)

| Organisation | Reference and title of the Community specification | Reference of superseded Community specification | Date of cessation of presumption of conformity of superseded Community specification |
| --- | --- | --- | --- |
| ETSI (2) | EN 303 213-1 V1.4.1
  Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 1: Community Specification for application under the Single European Sky Interoperability Regulation EC (No) 552/2004 for A-SMGCS Level 1 including external interfaces | EN 303 213-1 V1.3.1 | 1 September 2017 |
| ETSI | EN 303 213-2 V1.4.1
  Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 2: Community Specification for application under the Single European Sky Interoperability Regulation EC (No) 552/2004 for A-SMGCS Level 2 including external interfaces | EN 303 213-2 V1.3.1 | 1 September 2017 |

Organisation

Reference and title of the Community specification

Reference of superseded Community specification

Date of cessation of presumption of conformity of superseded Community specification

ETSI (2)

EN 303 213-1 V1.4.1

Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 1: Community Specification for application under the Single European Sky Interoperability Regulation EC (No) 552/2004 for A-SMGCS Level 1 including external interfaces

EN 303 213-1 V1.3.1

1 September 2017

ETSI

EN 303 213-2 V1.4.1

Advanced Surface Movement Guidance and Control System (A-SMGCS); Part 2: Community Specification for application under the Single European Sky Interoperability Regulation EC (No) 552/2004 for A-SMGCS Level 2 including external interfaces

EN 303 213-2 V1.3.1

1 September 2017

---

(1)  OJ L 96, 31.3.2004, p. 26.

(2)  European Telecommunications Standards Institute: 650 route des Lucioles, 06921 Sophia Antipolis Cedex, France, tel. +33 492944200, fax +33 493654716, http://www.etsi.org

---

NOTICES FROM MEMBER STATES

| 26.1.2017 | EN | Official Journal of the European Union | C 26/6 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/6

---

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 transporting cargo and mail, in accordance with public service obligations

(Text with EEA relevance)

(2017/C 26/04)

| Member State | Portugal |
| --- | --- |
| Route | Lisbon-Terceira-Ponta Delgada-Lisbon
  or
  Lisbon-Ponta Delgada-Terceira-Lisbon |
| Period of validity of the contract | 3 years following the start of the operation |
| Deadline for submitting applications | 63 days after the day of publication of the present invitation |
| 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 obligations can be obtained | All documents are available from:
  http://www.saphety.com
  and
  the National Civil Aviation Authority
  concurso.osp@anac.pt
  For more information, please contact:





  Ministry of Planning and Infrastructure |
| Office of the Secretary of State for Infrastructure |
| Av. Barbosa do Bocage 5, 2nd floor |
| 1049-039 Lisbon |
| PORTUGAL |
| Email gab.infraestruturas@mpi.gov.pt |

Member State

Portugal

Route

Lisbon-Terceira-Ponta Delgada-Lisbon

or

Lisbon-Ponta Delgada-Terceira-Lisbon

Period of validity of the contract

3 years following the start of the operation

Deadline for submitting applications

63 days after the day of publication of the present invitation

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 obligations can be obtained

All documents are available from:

http://www.saphety.com

and

the National Civil Aviation Authority

concurso.osp@anac.pt

For more information, please contact:

Ministry of Planning and Infrastructure

Office of the Secretary of State for Infrastructure

Av. Barbosa do Bocage 5, 2nd floor

1049-039 Lisbon

PORTUGAL

Email gab.infraestruturas@mpi.gov.pt

---

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 26.1.2017 | EN | Official Journal of the European Union | C 26/7 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/7

---

No State aid within the meaning of Article 61(1) of the EEA Agreement

(2017/C 26/05)

The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:

| Date of adoption of the decision | : | 24 October 2016 |
| --- | --- | --- |
| Case No | : | 79525 |
| Decision No | : | 193/16/COL |
| EFTA State | : | Iceland |
| Title (and/or name of the beneficiary) | : | Sale of electricity to Norðurál |
| Legal basis | : | The Third Amendment to the power contract concluded in 1997 between Landsvirkjun and Norðurál Grundartangi ehf. |
| Type of measure | : | No State aid |

Date of adoption of the decision

:

24 October 2016

Case No

:

79525

Decision No

:

193/16/COL

EFTA State

:

Iceland

Title (and/or name of the beneficiary)

:

Sale of electricity to Norðurál

Legal basis

:

The Third Amendment to the power contract concluded in 1997 between Landsvirkjun and Norðurál Grundartangi ehf.

Type of measure

:

No State aid

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 26.1.2017 | EN | Official Journal of the European Union | C 26/8 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/8

---

CALL FOR PROPOSALS — EACEA/04/2017

under the Erasmus+ Programme

KA 2 — Cooperation for Innovation and Exchange of Good Practices

Sector Skills Alliances

(2017/C 26/06)

1.   Objectives and description

Sector Skills Alliances aim at tackling skills gaps with regard to one or more occupational profiles in a specific sector. They do so by identifying existing or emerging sector specific labour market needs (demand side), and by enhancing the responsiveness of initial and continuing VET systems, at all levels, to the labour market needs (supply side). Drawing on evidence regarding skills needs, Sector Skills Alliances support the design and delivery of transnational vocational training content, as well as teaching and training methodologies for European professional core profiles.

Sector Skills Alliances for strategic sectoral cooperation on skills identify and develop concrete actions to match demand and supply of skills to support the overall sector specific growth strategy.

Projects can achieve these objectives by applying to one of the following ‘Lots’:

Lot 1 — Sector Skills Alliances for skills needs identification

Aimed at identifying and providing detailed evidence on skills needs, and gaps in a given specific economic sector. This would make it possible to address such gaps through training provision, whether it be VET-based or any other education and training sector.

The identification and definition of future skills needs should be supported by research on labour market needs in the sector. The skills needs should be identified for the relevant occupation profiles of the sector, drawing on, where available, the classification of European Skills, Competences, Qualifications and Occupations (ESCO). Where appropriate, they should make use on skills intelligence gathered by ‘European Sector Skills Councils’ and already existing sector skills studies, including results of previous Sector Skills Alliances. The EU Skills Panorama provides a wealth of skills intelligence, analyses and studies on professions (occupations) and sectors: http://skillspanorama.cedefop.europa.eu/en

Collaboration between public and private actors on the labour market (such as labour ministries, social partners, training and education providers, labour market intelligence entities, companies including SME’s, chambers of commerce, public and private employment services and national statistics offices) should be organised to identify and anticipate persistent skills shortages and mismatches at sectoral level for a set of occupational profiles. It is important to maximise synergies with other sectoral initiatives.

Lot 2 — Sector Skills Alliances for design and delivery of VET

Aimed at responding to identified skills gaps and needs in a specific economic sector, by developing curricula, as well as teaching and training delivery methodologies. The curricula and training methodologies and should include a strong work-based learning component, and support trans-national learner mobility.

Partners will have to interpret existing research evidence on profession-specific skills needs when implementing vocational education and training or designing qualification standards based on occupational profiles, drawing, where available on ESCO. Where appropriate, they should base themselves on skills intelligence gathered by ‘European Sector Skills Councils’ and already existing sector skills studies, including results of previous Sector Skills Alliances. The EU Skills Panorama provides a wealth of skills intelligence, analyses and studies on professions (occupations) and sectors: http://skillspanorama.cedefop.europa.eu/en

The design and delivery of vocational curricula should follow the following key principles: i) quality assurance, including effective learner tracking systems and feedback loops, ii) curricula and qualifications that are learning outcome oriented, iii) provision which is modular in all its phases, iv) include significant work-based learning periods, v) embeds international experience (learner as well as teacher and trainer mobility).

The Alliance partners should demonstrate in the proposal what measures they will take in the countries and in the sector covered for the formal recognition of the new or adapted vocational curricula and qualifications and how they will pursue the project deliverables after EU funding has ended. Sector Skills Alliances are expected to carry out the proposed activities in a way that maximises the impact on one, or several related, occupations in a given sector.

Lot 3 — Sector Skills Alliances for implementing a new strategic approach (‘Blueprint’) to sectoral cooperation on skills

The Blueprint for Sectoral Cooperation on Skills is one of the ten actions in the New Skills Agenda for Europe (1). It aims to improve skills intelligence and to provide a clear strategy and instruments to address skills shortages in specific economic sectors. It will be piloted in six sectors: automotive, defence, maritime technology, space geo information, textile-clothing-leather-footwear and tourism.

The Alliances under Lot 3 will support its implementation by developing sectoral skills strategies. A sectoral strategy has to lead to systemic and structural impact on reducing skills shortages as well as ensuring appropriate quality and levels of skills to support growth, innovation and competitiveness in the sector. It must include a clear set of activities, milestones and well-defined outputs with the goal to match demand and supply of skills to support the overall sector specific growth strategy.

The sectoral skills strategy will contribute to increase the talent pool and support the adaptation of the workforce to the requirements of industrial and market developments in the sector, thus contributing to its long-term competitiveness. Particular attention will be paid to new technological developments (e.g. digital and key enabling technologies).

The objectives of Lot 1 (forecasting skills demand) and Lot 2 (responding to identified skills needs through design and delivery of VET) have to be included in the sectoral skills strategy.

The partners are required to set up an EU level Alliance for a sector for cooperation on skills and the implementation of concrete demand-driven actions. The Alliance will be industry-led and include other relevant stakeholders, such as education and training providers, social partners, clusters and networks, research institutes, statistical bodies, employment services, and qualification authorities (whenever possible).

2.   Eligibility criteria

Lot 1:

The Sector Skills Alliance must cover at least 12 Programme Countries and include at least 2 organisations, out of which at least 1 represents the industry and at least 1 represents education and training providers.

Eligible participating organisations are:

| — | European and/or national social partners; |
| --- | --- |

—

European and/or national social partners;

| — | labour ministries or associated bodies (agencies or councils); |
| --- | --- |

—

labour ministries or associated bodies (agencies or councils);

| — | public or private employment services; |
| --- | --- |

—

public or private employment services;

| — | labour market research institutes, national statistics offices; |
| --- | --- |

—

labour market research institutes, national statistics offices;

| — | public or private, small, medium or large enterprises (including social enterprises); |
| --- | --- |

—

public or private, small, medium or large enterprises (including social enterprises);

| — | economic development agencies; |
| --- | --- |

—

economic development agencies;

| — | chambers of commerce, of industry or of labour; |
| --- | --- |

—

chambers of commerce, of industry or of labour;

| — | sectoral or professional associations of employers or employees; chambers of skilled crafts; |
| --- | --- |

—

sectoral or professional associations of employers or employees; chambers of skilled crafts;

| — | European or national sectoral umbrella organisations; |
| --- | --- |

—

European or national sectoral umbrella organisations;

| — | training or education providers at local, regional or national level; |
| --- | --- |

—

training or education providers at local, regional or national level;

| — | sector-based research institutes; |
| --- | --- |

—

sector-based research institutes;

| — | bodies providing career guidance, professional counselling and information services; |
| --- | --- |

—

bodies providing career guidance, professional counselling and information services;

| — | public authorities responsible for education and training at regional or national level. |
| --- | --- |

—

public authorities responsible for education and training at regional or national level.

Lot 2:

The Sector Skills Alliance must cover at least 4 Programme Countries and include at least 8 organisations, out of which at least 3 are enterprises, industry or sector representatives (e.g. chambers or trade associations), and at least 3 are education and training providers.

Eligible participating organisations are:

| — | public or private enterprises (including social enterprises) in particular those with an own training department, those providing apprenticeships, and those providing shared training (collaborative training); |
| --- | --- |

—

public or private enterprises (including social enterprises) in particular those with an own training department, those providing apprenticeships, and those providing shared training (collaborative training);

| — | EU or national organisations representing industry, small and medium-sized enterprises, relevant sectoral organisations; |
| --- | --- |

—

EU or national organisations representing industry, small and medium-sized enterprises, relevant sectoral organisations;

| — | public or private VET providers, including inter-company training centres and higher education institutions providing VET; |
| --- | --- |

—

public or private VET providers, including inter-company training centres and higher education institutions providing VET;

| — | networks of VET providers and European or national organisations representing them; |
| --- | --- |

—

networks of VET providers and European or national organisations representing them;

| — | Education and Training authorities at regional or national level, and Ministries; |
| --- | --- |

—

Education and Training authorities at regional or national level, and Ministries;

| — | organisations or networks – at EU or national level – representing social partners, industry, sectoral organisations, professions and education and training stakeholders, including youth organisations; |
| --- | --- |

—

organisations or networks – at EU or national level – representing social partners, industry, sectoral organisations, professions and education and training stakeholders, including youth organisations;

| — | chambers of commerce, of industry, of skilled crafts or of labour, and other intermediary bodies; |
| --- | --- |

—

chambers of commerce, of industry, of skilled crafts or of labour, and other intermediary bodies;

| — | sector skills councils; |
| --- | --- |

—

sector skills councils;

| — | economic development agencies, statistical bodies and research institutes; |
| --- | --- |

—

economic development agencies, statistical bodies and research institutes;

| — | cultural and/or creative bodies; |
| --- | --- |

—

cultural and/or creative bodies;

| — | bodies providing career guidance, professional counselling, information services and employment services; |
| --- | --- |

—

bodies providing career guidance, professional counselling, information services and employment services;

| — | accreditation, certification, recognition or qualification bodies (bodies with ‘regulatory function’). |
| --- | --- |

—

accreditation, certification, recognition or qualification bodies (bodies with ‘regulatory function’).

Lot 3:

The Sector Skills Alliance must cover at least 6 Programme Countries and include at least 12 organisations, out of which at least 5 are enterprises, industry or sector representatives (e.g. chambers or trade associations), and at least 5 are education and training providers.

Eligible participating organisations are:

| — | public or private enterprises active in the selected pilot sectors especially those with an own training department, those providing apprenticeships, and those providing shared training (collaborative training); |
| --- | --- |

—

public or private enterprises active in the selected pilot sectors especially those with an own training department, those providing apprenticeships, and those providing shared training (collaborative training);

| — | EU or national organisations representing industry, small and medium-sized enterprises, relevant sectoral organisations; |
| --- | --- |

—

EU or national organisations representing industry, small and medium-sized enterprises, relevant sectoral organisations;

| — | public or private education or training providers, including training centres and higher education institutions (and military academies of the defence sector); |
| --- | --- |

—

public or private education or training providers, including training centres and higher education institutions (and military academies of the defence sector);

| — | networks of education or training providers and European or national organisations representing them; |
| --- | --- |

—

networks of education or training providers and European or national organisations representing them;

| — | authorities responsible for education and training or employment, at regional or national level, and related Ministries; |
| --- | --- |

—

authorities responsible for education and training or employment, at regional or national level, and related Ministries;

| — | organisations or networks – at EU or national level – representing social partners, industry, sectoral organisations, professions and education and training stakeholders, including youth organisations; |
| --- | --- |

—

organisations or networks – at EU or national level – representing social partners, industry, sectoral organisations, professions and education and training stakeholders, including youth organisations;

| — | chambers of commerce, of industry, of labour and other relevant sectoral intermediary bodies; |
| --- | --- |

—

chambers of commerce, of industry, of labour and other relevant sectoral intermediary bodies;

| — | sector skills councils; |
| --- | --- |

—

sector skills councils;

| — | economic development agencies, statistical bodies and research institutes; |
| --- | --- |

—

economic development agencies, statistical bodies and research institutes;

| — | bodies providing career guidance, professional counselling, information services and employment services; |
| --- | --- |

—

bodies providing career guidance, professional counselling, information services and employment services;

| — | accreditation, certification, recognition or qualification bodies (bodies with ‘regulatory function’); |
| --- | --- |

—

accreditation, certification, recognition or qualification bodies (bodies with ‘regulatory function’);

| — | bodies representing relevant authorities at regional and national level. |
| --- | --- |

—

bodies representing relevant authorities at regional and national level.

Eligible countries are:

The Erasmus+ Programme Countries:

| — | the 28 Member States of the European Union, |
| --- | --- |

—

the 28 Member States of the European Union,

| — | Non EU Programme countries: Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway, Turkey. |
| --- | --- |

—

Non EU Programme countries: Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway, Turkey.

3.   Eligible activities

The proposal shall cover a coherent and comprehensive set of activities and outputs as set out below for each Lot and as relevant for the sector concerned.

For all three Lots, a particular focus must be given to digital skills as they are increasingly important in all job profiles across the entire labour market. This should be done in synergy with the new Digital Skills and Jobs Coalition and efforts to promote skills for key enabling technologies (KETs). In addition, the transition to a circular economy needs to be supported by changes to qualifications and national curricula to meet emerging professional needs for ‘green skills’.

Lot 1 — Sector skills alliances for skills needs identification

Defining skills and training provision needs in a given specific economic sector:

| — | gathering and interpreting evidence of skills needs on the labour market in a given economic sector, including by drawing on the Skills Panorama (e.g. Cedefop skills forecasts, various survey data, analytical highlights) and, where relevant, on the work of European Sector Skills Councils or previous Sector Skills Alliances; |
| --- | --- |

—

gathering and interpreting evidence of skills needs on the labour market in a given economic sector, including by drawing on the Skills Panorama (e.g. Cedefop skills forecasts, various survey data, analytical highlights) and, where relevant, on the work of European Sector Skills Councils or previous Sector Skills Alliances;

| — | analysing the trends and challenges that shape the sector and its labour market with focus on drivers of change that may influence skills demand and supply in the sector (e.g. automation, demography); |
| --- | --- |

—

analysing the trends and challenges that shape the sector and its labour market with focus on drivers of change that may influence skills demand and supply in the sector (e.g. automation, demography);

| — | based on the above activities, providing a detailed assessment of the current and anticipated skills shortages, gaps and mismatches in the sector (both job specific and soft skills), as well as the need for the review of occupational profiles, indicating the priority in which they should be addressed, on the basis inter alia of their impact on growth and competiveness potential in the sector and on employment (e.g. likely job loss, hard-to-fill vacancies); |
| --- | --- |

—

based on the above activities, providing a detailed assessment of the current and anticipated skills shortages, gaps and mismatches in the sector (both job specific and soft skills), as well as the need for the review of occupational profiles, indicating the priority in which they should be addressed, on the basis inter alia of their impact on growth and competiveness potential in the sector and on employment (e.g. likely job loss, hard-to-fill vacancies);

| — | analysing the potential impact of such skills needs on growth and employment in the sector; |
| --- | --- |

—

analysing the potential impact of such skills needs on growth and employment in the sector;

| — | analysing major trends affecting closely interrelated sectors, to capture potential spill-over effects; |
| --- | --- |

—

analysing major trends affecting closely interrelated sectors, to capture potential spill-over effects;

| — | identifying needs in terms of training provision, drawing on, where available, the occupational profiles of the classification of ESCO; |
| --- | --- |

—

identifying needs in terms of training provision, drawing on, where available, the occupational profiles of the classification of ESCO;

| — | delivering all relevant EU and/or country level qualitative evidence and quantitative data on skills, employment and economic performance of the sector in an electronic form, in linked open data format, so that it can feed into the Skills Panorama (http://skillspanorama.cedefop.europa.eu/en). |
| --- | --- |

—

delivering all relevant EU and/or country level qualitative evidence and quantitative data on skills, employment and economic performance of the sector in an electronic form, in linked open data format, so that it can feed into the Skills Panorama (http://skillspanorama.cedefop.europa.eu/en).

Lot 2 — Sector skills alliances for design and delivery of VET

Designing trans-national sector-wide vocational curricula:

| — | on the basis of identified skills needs for specific occupation profiles in a given economic sector, identify and design VET curricula or qualification standards (in line with EQF and informed by ESCO), to respond to those needs; |
| --- | --- |

—

on the basis of identified skills needs for specific occupation profiles in a given economic sector, identify and design VET curricula or qualification standards (in line with EQF and informed by ESCO), to respond to those needs;

| — | translating skill needs into innovative, learning outcome-oriented modular VET programmes and/or qualifications (applying ECVET for designing qualifications composed of units of learning outcomes), to allow for transparency and comparability, taking also into account needs of validation of prior learning (e.g. non-formal or informal); |
| --- | --- |

—

translating skill needs into innovative, learning outcome-oriented modular VET programmes and/or qualifications (applying ECVET for designing qualifications composed of units of learning outcomes), to allow for transparency and comparability, taking also into account needs of validation of prior learning (e.g. non-formal or informal);

| — | applying quality management to the new training content either by applying the quality assurance principles of EQAVET or by using already existing quality assurance systems which, however, should be in line with EQAVET; |
| --- | --- |

—

applying quality management to the new training content either by applying the quality assurance principles of EQAVET or by using already existing quality assurance systems which, however, should be in line with EQAVET;

| — | integrating periods of work-based learning into the new training content, including opportunities to apply knowledge in practical ‘real life’ workplace situations, and embedding trans-national learning experience whenever possible; |
| --- | --- |

—

integrating periods of work-based learning into the new training content, including opportunities to apply knowledge in practical ‘real life’ workplace situations, and embedding trans-national learning experience whenever possible;

| — | designing VET provision focusing both on job specific skills as well as on key competences, soft skills, and STEM disciplines (science, technology, engineering, and mathematics), while providing effective opportunities to acquire or develop those competences, particularly in work-related training contexts; |
| --- | --- |

—

designing VET provision focusing both on job specific skills as well as on key competences, soft skills, and STEM disciplines (science, technology, engineering, and mathematics), while providing effective opportunities to acquire or develop those competences, particularly in work-related training contexts;

| — | promoting relevant VET sectoral qualifications (including trans-national joint programmes awarded by more than one VET provider), and support agreement for their recognition by implementing ECVET principles, and referencing qualifications to NQFs and the EQF as well as other relevant European tools and instruments in the sector concerned; |
| --- | --- |

—

promoting relevant VET sectoral qualifications (including trans-national joint programmes awarded by more than one VET provider), and support agreement for their recognition by implementing ECVET principles, and referencing qualifications to NQFs and the EQF as well as other relevant European tools and instruments in the sector concerned;

| — | increasing recognition of qualifications at European and national level within a sector, by promoting and agreeing on sectoral qualifications, facilitating cross-border certification, and building mutual trust, contributing to increased learner and professional mobility in the sector; |
| --- | --- |

—

increasing recognition of qualifications at European and national level within a sector, by promoting and agreeing on sectoral qualifications, facilitating cross-border certification, and building mutual trust, contributing to increased learner and professional mobility in the sector;

| — | identifying, documenting and promoting successful skills or qualifications related projects and good practices, as well as those fostering multi-stakeholder partnerships, including from other sectors or from outside Europe and make detailed proposals to replicate or scale them up, where relevant; |
| --- | --- |

—

identifying, documenting and promoting successful skills or qualifications related projects and good practices, as well as those fostering multi-stakeholder partnerships, including from other sectors or from outside Europe and make detailed proposals to replicate or scale them up, where relevant;

| — | where relevant, ensure that results of the project are available in open data format so that they could feed into the Skills Panorama and ESCO. |
| --- | --- |

—

where relevant, ensure that results of the project are available in open data format so that they could feed into the Skills Panorama and ESCO.

Delivering vocational curricula:

| — | identifying the most appropriate delivery methodologies for the curricula, using innovative approaches to teaching and learning, as well as a strategic and integrated use of ICTs (e.g. blended learning, simulators, etc.), and open educational resources (e.g. MOOC’s, and VOOC’s); |
| --- | --- |

—

identifying the most appropriate delivery methodologies for the curricula, using innovative approaches to teaching and learning, as well as a strategic and integrated use of ICTs (e.g. blended learning, simulators, etc.), and open educational resources (e.g. MOOC’s, and VOOC’s);

| — | identifying ways to implement innovative VET teaching and learning methods to respond to the needs of specific target groups of learners; and through the provision of work-based learning; |
| --- | --- |

—

identifying ways to implement innovative VET teaching and learning methods to respond to the needs of specific target groups of learners; and through the provision of work-based learning;

| — | developing actions to facilitate inter-generational transfer of knowledge within VET; |
| --- | --- |

—

developing actions to facilitate inter-generational transfer of knowledge within VET;

| — | describing the ways on how assessment methodologies and procedures can embed all forms of learning, including work-based learning and facilitate the validation of skills and competences acquired prior to training; |
| --- | --- |

—

describing the ways on how assessment methodologies and procedures can embed all forms of learning, including work-based learning and facilitate the validation of skills and competences acquired prior to training;

| — | identifying adequate measures to track learners after completing their training in order to provide ‘feedback loops’. These tracking and feedback systems can build on information from companies, learners/employees, as well as public information resources and labour market stakeholders; |
| --- | --- |

—

identifying adequate measures to track learners after completing their training in order to provide ‘feedback loops’. These tracking and feedback systems can build on information from companies, learners/employees, as well as public information resources and labour market stakeholders;

| — | proposing the appropriate measures for the formal recognition of the new or adapted vocational curricula and qualifications in participating countries and in the sector(s) covered; |
| --- | --- |

—

proposing the appropriate measures for the formal recognition of the new or adapted vocational curricula and qualifications in participating countries and in the sector(s) covered;

| — | planning the progressive roll-out of project deliverables leading to systemic impact. |
| --- | --- |

—

planning the progressive roll-out of project deliverables leading to systemic impact.

Lot 3 — Sector Skills Alliances for implementing a new strategic approach (‘Blueprint’) to sectoral cooperation on skills

Sector Skills Alliances under this Lot shall set up sustainable cooperation on skills development between key industry stakeholders in a given sector, education and training providers, and public authorities.

The alliances shall develop a sectoral skills strategy to support the objectives of the established growth strategy for the sector. This strategy should be the first key deliverable of the project, identifying concrete actions and indicating clear set of activities, milestones and well-defined outputs, to suggest how to match demand and supply of skills.

The strategy should detail how major trends, such as global, societal, and technological developments in the sector, are likely to affect jobs and skills needs. It should describe the expected timeline and give particular attention to the impact of digital and key enabling technologies.

Alliances in this Lot cover activities of Lot 1 (as appropriate for the sector) and Lot 2. In particular, they have to cover the following activities:

| — | providing a detailed assessment of the current and anticipated skills shortages, gaps and mismatches in the sector, as well as the need for the review of occupational profiles, indicating the priority in which they should be addressed, on the basis inter alia of their impact on growth and competiveness potential in the sector and on employment (e.g. likely job loss, hard-to-fill vacancies); |
| --- | --- |

—

providing a detailed assessment of the current and anticipated skills shortages, gaps and mismatches in the sector, as well as the need for the review of occupational profiles, indicating the priority in which they should be addressed, on the basis inter alia of their impact on growth and competiveness potential in the sector and on employment (e.g. likely job loss, hard-to-fill vacancies);

| — | developing a common methodology for assessing the current situation and anticipating future needs as well as monitoring (on a yearly basis) progress and the evolution of the demand and supply of skills based on credible foresight scenarios; |
| --- | --- |

—

developing a common methodology for assessing the current situation and anticipating future needs as well as monitoring (on a yearly basis) progress and the evolution of the demand and supply of skills based on credible foresight scenarios;

| — | identifying occupational profiles that need to be revised or created and their corresponding skill needs as well as the required proficiency level, drawing on, where available, the occupational profiles in ESCO and existing competence frameworks; where relevant, the development of sectoral competence frameworks may be considered; |
| --- | --- |

—

identifying occupational profiles that need to be revised or created and their corresponding skill needs as well as the required proficiency level, drawing on, where available, the occupational profiles in ESCO and existing competence frameworks; where relevant, the development of sectoral competence frameworks may be considered;

| — | identifying, describing and indicating priorities for the review or the establishment of new qualifications on the basis of the relevant occupational profiles; |
| --- | --- |

—

identifying, describing and indicating priorities for the review or the establishment of new qualifications on the basis of the relevant occupational profiles;

| — | fostering the development of concrete solutions in VET provision (including higher VET) as well as business-education-research partnerships; |
| --- | --- |

—

fostering the development of concrete solutions in VET provision (including higher VET) as well as business-education-research partnerships;

| — | developing concrete solutions to promote mobility of vocational students, jobseekers and trainees across Europe in the sector, capitalising on the use of existing EU tools (e.g. Erasmus+, EURES, Drop'Pin, European Alliance for Apprenticeships); |
| --- | --- |

—

developing concrete solutions to promote mobility of vocational students, jobseekers and trainees across Europe in the sector, capitalising on the use of existing EU tools (e.g. Erasmus+, EURES, Drop'Pin, European Alliance for Apprenticeships);

| — | developing actions to promote the attractiveness of the sector as a career choice, in particular among the young, while also aiming for a gender balance in the sector; |
| --- | --- |

—

developing actions to promote the attractiveness of the sector as a career choice, in particular among the young, while also aiming for a gender balance in the sector;

| — | designing an industry-led long term action plan for the progressive roll-out of project deliverables after the project has finished. This plan shall be based on sustained partnerships between education and training providers and key industry stakeholders at the appropriate level. It should include the identification of appropriate governance structures, as well as plans for scalability and financial sustainability. It should also ensure the appropriate visibility and wide dissemination of the work of the Alliance, including at EU and national political level and include details on how the roll-out will be implemented at national and/or regional levels with relevant governmental and sectoral authorities;
  The action plan shall also indicate how EU funding opportunities (e.g. European Structural Funds, European Fund for Strategic Investment, Erasmus+, COSME, sectoral programmes), as well as national and regional funding can support skills strategies., This should take into account national and regional smart specialisation strategies. Models could be developed based on good examples to promote focussed use of such funding, including up-skilling employees; |
| --- | --- |

—

designing an industry-led long term action plan for the progressive roll-out of project deliverables after the project has finished. This plan shall be based on sustained partnerships between education and training providers and key industry stakeholders at the appropriate level. It should include the identification of appropriate governance structures, as well as plans for scalability and financial sustainability. It should also ensure the appropriate visibility and wide dissemination of the work of the Alliance, including at EU and national political level and include details on how the roll-out will be implemented at national and/or regional levels with relevant governmental and sectoral authorities;

The action plan shall also indicate how EU funding opportunities (e.g. European Structural Funds, European Fund for Strategic Investment, Erasmus+, COSME, sectoral programmes), as well as national and regional funding can support skills strategies., This should take into account national and regional smart specialisation strategies. Models could be developed based on good examples to promote focussed use of such funding, including up-skilling employees;

| — | delivering all relevant EU and/or country level qualitative evidence and quantitative data according to linked open data format. |
| --- | --- |

—

delivering all relevant EU and/or country level qualitative evidence and quantitative data according to linked open data format.

4.   Award criteria

Eligible applications will be assessed on the basis of the following criteria:

| 1. | Relevance of the project (maximum 25 points - threshold minimum 13 points) |
| --- | --- |

1.

Relevance of the project (maximum 25 points - threshold minimum 13 points)

| 2. | Quality of the project design and implementation (maximum 30 points - threshold minimum 16 points) |
| --- | --- |

2.

Quality of the project design and implementation (maximum 30 points - threshold minimum 16 points)

| 3. | Quality of the project team and the cooperation arrangements (maximum 25 points - threshold minimum 13 points) |
| --- | --- |

3.

Quality of the project team and the cooperation arrangements (maximum 25 points - threshold minimum 13 points)

| 4. | Impact and dissemination (maximum 20 points - threshold minimum 11 points) |
| --- | --- |

4.

Impact and dissemination (maximum 20 points - threshold minimum 11 points)

The threshold for proposals to be put forward to the evaluation committee shall be minimum 70 points (out of 100 points in total).

5.   Budget

The total budget earmarked for the co-financing of projects is estimated at 28 million euros (1 million euros for Lot 1, 3 million euros for Lot 2 and 24 million euros for Lot 3).

For Lot 1 each grant will amount to between 330 000 euros and 500 000 euros. The Agency expects to fund around 3 proposals.

For Lot 2 each grant will amount to between 700 000 euros and 1 000 000 euros. The Agency expects to fund around 4 proposals.

For Lot 3 each grant will amount to maximum 4 000 000 euros. The Agency expects to fund around 6 proposals. Only 1 proposal per pilot sector can be selected.

The Agency reserves the right not to distribute all the funds available.

6.   Deadline for submission of applications

Applications must be submitted no later than the 2 May 2017 12:00 noon (Brussels time).

7.   Full details

The guidelines together with the application eform can be found at the following Internet address:

https://eacea.ec.europa.eu/erasmus-plus/funding/sector-skills-alliances-2017_en

Applications must comply with all the terms of the guidelines.

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(1)  http://ec.europa.eu/growth/tools-databases/newsroom/cf/itemdetail.cfm?item_id=8848

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COURT PROCEEDINGS

EFTA Court

| 26.1.2017 | EN | Official Journal of the European Union | C 26/16 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/16

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Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 19 February 2016 in the case of Ski Taxi SA, Follo Taxi SA og Ski Follo Taxidrift AS v staten v/Konkurransetilsynet

(Case E-3/16)

(2017/C 26/07)

A request has been made to the EFTA Court dated 19 February 2016 from Norges Høyesterett (the Supreme Court of Norway), which was received at the Court Registry on 24 February 2016, for an Advisory Opinion in the case of Ski Taxi SA, Follo Taxi SA og Ski Follo Taxidrift AS v staten v/Konkurransetilsynet on the following questions:

| 1. | What is the legal test when determining whether an agreement between undertakings has a competition-restricting object within the meaning of Article 53 EEA?






  a) | In this context, is it sufficient in order to be able to categorise a form of conduct as an infringement by object pursuant to Article 53 EEA, that the cooperation is capable of restricting competition? |
| --- | --- | --- |

1.

What is the legal test when determining whether an agreement between undertakings has a competition-restricting object within the meaning of Article 53 EEA?

a)

In this context, is it sufficient in order to be able to categorise a form of conduct as an infringement by object pursuant to Article 53 EEA, that the cooperation is capable of restricting competition?

| 2. | What is the legal significance for the consideration of whether a form of conduct constitutes an infringement by object, that such cooperation took place openly vis-à-vis the procuring authority? |
| --- | --- |

2.

What is the legal significance for the consideration of whether a form of conduct constitutes an infringement by object, that such cooperation took place openly vis-à-vis the procuring authority?

| 3. | What legal criteria must in particular be emphasised when considering whether cooperation that takes the form of two competing companies submitting a joint tender through a joint venture, and where the two undertakings are to be subcontractors to the joint venture, should be deemed to constitute an infringement by object? |
| --- | --- |

3.

What legal criteria must in particular be emphasised when considering whether cooperation that takes the form of two competing companies submitting a joint tender through a joint venture, and where the two undertakings are to be subcontractors to the joint venture, should be deemed to constitute an infringement by object?

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| 26.1.2017 | EN | Official Journal of the European Union | C 26/17 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/17

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Request for an Advisory Opinion from the EFTA Court by the Norwegian Board of Appeal for Industrial Property Rights dated 22 March 2016 in the case of an appeal from the municipality of Oslo

(Case E-5/16)

(2017/C 26/08)

A request has been made to the EFTA Court dated 22 March 2016 from the Norwegian Board of Appeal for Industrial Property Rights (Klagenemnda for industrielle rettigheter), which was received at the Court Registry on 31 March 2016, for an Advisory Opinion in the case of an appeal from the municipality of Oslo on the following questions:

| 1. | May trademark registration of copyright works, for which the protection period has expired, under certain circumstances, conflict with the prohibition in Article 3(1)(f) of the Trade Marks Directive on registering trademarks that are contrary to ‘public policy or ... accepted principles of morality’? |
| --- | --- |

1.

May trademark registration of copyright works, for which the protection period has expired, under certain circumstances, conflict with the prohibition in Article 3(1)(f) of the Trade Marks Directive on registering trademarks that are contrary to ‘public policy or ... accepted principles of morality’?

| 2. | If question 1 is answered in the affirmative, will it have an impact on the assessment that the copyright work is well-known and of great cultural value? |
| --- | --- |

2.

If question 1 is answered in the affirmative, will it have an impact on the assessment that the copyright work is well-known and of great cultural value?

| 3. | If question 1 is answered in the affirmative, may factors or criteria other than those mentioned in question 2 have a bearing on the assessment, and, if so, which ones? |
| --- | --- |

3.

If question 1 is answered in the affirmative, may factors or criteria other than those mentioned in question 2 have a bearing on the assessment, and, if so, which ones?

| 4. | Is Article 3(1)(e)(iii) of Directive 2008/95/EC applicable to two-dimensional representations of sculptures? |
| --- | --- |

4.

Is Article 3(1)(e)(iii) of Directive 2008/95/EC applicable to two-dimensional representations of sculptures?

| 5. | Is Article 3(1)(c) of Directive 2008/95/EC applicable as legal authority for refusing trademarks that are two or three-dimensional representations of the shape or appearance of the goods? |
| --- | --- |

5.

Is Article 3(1)(c) of Directive 2008/95/EC applicable as legal authority for refusing trademarks that are two or three-dimensional representations of the shape or appearance of the goods?

| 6. | If question 5 is answered in the affirmative, is Article 3(1)(b) and (c) of Directive 2008/95/EC to be understood to mean that the national registration authority, in assessing trademarks that consist of two or three-dimensional representations of the shape or appearance of the goods, must apply the assessment criterion of whether the design in question departs significantly from the norm or customs of the business sector, or may the grounds for refusal be that such a mark is descriptive of the shape or appearance of the goods? |
| --- | --- |

6.

If question 5 is answered in the affirmative, is Article 3(1)(b) and (c) of Directive 2008/95/EC to be understood to mean that the national registration authority, in assessing trademarks that consist of two or three-dimensional representations of the shape or appearance of the goods, must apply the assessment criterion of whether the design in question departs significantly from the norm or customs of the business sector, or may the grounds for refusal be that such a mark is descriptive of the shape or appearance of the goods?

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 26.1.2017 | EN | Official Journal of the European Union | C 26/18 |
| --- | --- | --- | --- |

26.1.2017

EN

Official Journal of the European Union

C 26/18

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Prior notification of a concentration

(Case M.8347 — EQT Fund Management/Getec Energie Holding/Getec Target Companies)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 26/09)

| 1. | On 18 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EQT Fund Management Sàrl (‘EQT’, Luxembourg) will acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control with Getec Energie Holding GmBH (‘GEH GmbH’, Germany) over (i) Getec Heat & Power AG; (ii) Getec Wärme & Effizienz AG; (iii) Getec Media AG; (iv) Getec shared services GmbH; (v) Getec Contracting GmbH (together ‘Getec Targets’, Germany), by way of sale and purchase of shares. |
| --- | --- |

1.

On 18 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EQT Fund Management Sàrl (‘EQT’, Luxembourg) will acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control with Getec Energie Holding GmBH (‘GEH GmbH’, Germany) over (i) Getec Heat & Power AG; (ii) Getec Wärme & Effizienz AG; (iii) Getec Media AG; (iv) Getec shared services GmbH; (v) Getec Contracting GmbH (together ‘Getec Targets’, Germany), by way of sale and purchase of shares.

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






  — | EQT is an investment fund that seeks to make investments in infrastructure and infrastructure-related assets and businesses in Northern Europe, Continental Europe and North America, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

EQT is an investment fund that seeks to make investments in infrastructure and infrastructure-related assets and businesses in Northern Europe, Continental Europe and North America,

| — | GEH GmbH is active within energy services in connection with energy production and distribution, optimising customers’ energy supply in the form of heat, steam, cooling and electricity, |
| --- | --- |

—

GEH GmbH is active within energy services in connection with energy production and distribution, optimising customers’ energy supply in the form of heat, steam, cooling and electricity,

| — | Getec Targets are specialised in energy contracting in Germany. |
| --- | --- |

—

Getec Targets are specialised in energy contracting in Germany.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 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 this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 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 this 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 M.8347 — EQT Fund Management/Getec Energie Holding/Getec Target Companies, 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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8347 — EQT Fund Management/Getec Energie Holding/Getec Target Companies, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

(2)  OJ C 366, 14.12.2013, p. 5.

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