# Official Journal C 50/2009

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 50 |
| | |
| English edition | Information and Notices | Volume 523 March 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 50

English edition

Information and Notices

Volume 523 March 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 050/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2009/C 050/02 | Non-opposition to a notified concentration (Case COMP/M.5386 — Penta/Okna Rabien) (
  1
  ) | 5 |
| 2009/C 050/03 | Non-opposition to a notified concentration (Case COMP/M.5370 — CEZ/Akkok/Sedas/Akenerji) (
  1
  ) | 5 |
| 2009/C 050/04 | Non-opposition to a notified concentration (Case COMP/M.5414 — Samsung SDI/Samsung Electronics/SMD) (
  1
  ) | 6 |
| 2009/C 050/05 | Non-opposition to a notified concentration (Case COMP/M.5463 — Hitachi/Hitachi Koki) (
  1
  ) | 6 |
| 2009/C 050/06 | Non-opposition to a notified concentration (Case COMP/M.5448 — Abbott/Advanced Medical Optics) (
  1
  ) | 7 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 050/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

2009/C 050/02

Non-opposition to a notified concentration (Case COMP/M.5386 — Penta/Okna Rabien) (
  1
  )

1

5

2009/C 050/03

Non-opposition to a notified concentration (Case COMP/M.5370 — CEZ/Akkok/Sedas/Akenerji) (
  1
  )

1

5

2009/C 050/04

Non-opposition to a notified concentration (Case COMP/M.5414 — Samsung SDI/Samsung Electronics/SMD) (
  1
  )

1

6

2009/C 050/05

Non-opposition to a notified concentration (Case COMP/M.5463 — Hitachi/Hitachi Koki) (
  1
  )

1

6

2009/C 050/06

Non-opposition to a notified concentration (Case COMP/M.5448 — Abbott/Advanced Medical Optics) (
  1
  )

1

7

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Council |
| 2009/C 050/07 | Council conclusions of 26 February 2009 supporting the Council of Europe's legislative work in the area of criminal justice | 8 |
| | Commission |
| 2009/C 050/08 | Euro exchange rates | 9 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 050/09 | Notification by the Swiss Confederation to the European Commission pursuant to Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

2009/C 050/07

Council conclusions of 26 February 2009 supporting the Council of Europe's legislative work in the area of criminal justice

8

Commission

2009/C 050/08

Euro exchange rates

9

NOTICES FROM MEMBER STATES

2009/C 050/09

Notification by the Swiss Confederation to the European Commission pursuant to Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

10

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 050/10 | Prior notification of a concentration (Case COMP/M.5449 — ABF/Azucarera) (
  1
  ) | 13 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 050/10

Prior notification of a concentration (Case COMP/M.5449 — ABF/Azucarera) (
  1
  )

1

13

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 3.3.2009 | EN | Official Journal of the European Union | C 50/1 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2009/C 50/01)

| Date of adoption of the decision | 14.1.2009 |
| --- | --- |
| Reference number of the aid | N 171/08 |
| Member State | Estonia |
| Region | — |
| Title (and/or name of the beneficiary) | Eesti Arengufondi investeeringuprogramm |
| Legal basis | Eesti Arengufondi seadus; Eesti Arengufondi investeerimisstrateegia |
| Type of measure | Aid scheme |
| Objective | Risk capital |
| Form of aid | Provision of risk capital |
| Budget | Overall budget: EEK 470 million |
| Intensity | — |
| Duration | 2008-31.12.2013 |
| Economic sectors | — |
| Name and address of the granting authority | Eesti Arengufond |
| Tornimäe 5 |
| EE-10145 Tallinn |

Date of adoption of the decision

14.1.2009

Reference number of the aid

N 171/08

Member State

Estonia

Region

—

Title (and/or name of the beneficiary)

Eesti Arengufondi investeeringuprogramm

Legal basis

Eesti Arengufondi seadus; Eesti Arengufondi investeerimisstrateegia

Type of measure

Aid scheme

Objective

Risk capital

Form of aid

Provision of risk capital

Budget

Overall budget: EEK 470 million

Intensity

—

Duration

2008-31.12.2013

Economic sectors

—

Name and address of the granting authority

Eesti Arengufond

Tornimäe 5

EE-10145 Tallinn

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/

| Date of adoption of the decision | 22.10.2008 |
| --- | --- |
| Reference number of the aid | N 227/08 |
| Member State | France |
| Region | Département de l'Ain |
| Title (and/or name of beneficiary) | Société de transformation des poissons de la Dombes |
| Legal basis | Arrêté préfectoral attributif de subvention du 30 juillet 2007 |
| Type of measure | Individual aid |
| Objective | To compensate some of the loss of gross profits incurred by the company due to restrictions in activity imposed on it following administrative measures to combat bird flu in early 2006 |
| Form of aid | Direct grant |
| Budget | EUR 48 569,24 |
| Intensity | 50 % |
| Duration | 2007-2008 |
| Economic sectors | Fishing and aquaculture |
| Name and address of the granting authority | Ministère de l'agriculture et de la pêche français |
| 78, rue de Varenne |
| F-75349 Paris 07 |

Date of adoption of the decision

22.10.2008

Reference number of the aid

N 227/08

Member State

France

Region

Département de l'Ain

Title (and/or name of beneficiary)

Société de transformation des poissons de la Dombes

Legal basis

Arrêté préfectoral attributif de subvention du 30 juillet 2007

Type of measure

Individual aid

Objective

To compensate some of the loss of gross profits incurred by the company due to restrictions in activity imposed on it following administrative measures to combat bird flu in early 2006

Form of aid

Direct grant

Budget

EUR 48 569,24

Intensity

50 %

Duration

2007-2008

Economic sectors

Fishing and aquaculture

Name and address of the granting authority

Ministère de l'agriculture et de la pêche français

78, rue de Varenne

F-75349 Paris 07

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/

| Date of adoption of the decision | 4.12.2008 |
| --- | --- |
| Reference number of the aid | N 383/08 |
| Member State | Austria |
| Region | — |
| Title (and/or name of the beneficiary) | Förderungsrichtlinien 2008 für die Altlastensanierung oder -sicherung |
| Legal basis | Umweltförderungsgesetz, BGB1. Nr. 185/1993, amended by BGB1. I Nr 74/2008 — Altlastensanierungsgesetz, BGB1. Nr. 299/1989, amended by BGB1. I Nr. 40/2008 |
| Type of measure | Aid scheme |
| Objective | Environmental protection |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 50 million |
| Intensity | 95 % |
| Duration | 1.1.2009-31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft |
| Stubenbastei 5 |
| A-1010 Wien |

Date of adoption of the decision

4.12.2008

Reference number of the aid

N 383/08

Member State

Austria

Region

—

Title (and/or name of the beneficiary)

Förderungsrichtlinien 2008 für die Altlastensanierung oder -sicherung

Legal basis

Umweltförderungsgesetz, BGB1. Nr. 185/1993, amended by BGB1. I Nr 74/2008 — Altlastensanierungsgesetz, BGB1. Nr. 299/1989, amended by BGB1. I Nr. 40/2008

Type of measure

Aid scheme

Objective

Environmental protection

Form of aid

Direct grant

Budget

Annual budget: EUR 50 million

Intensity

95 %

Duration

1.1.2009-31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

Stubenbastei 5

A-1010 Wien

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/

| Date of adoption of the decision | 28.11.2008 |
| --- | --- |
| Reference number of the aid | N 534/08 |
| Member State | Germany |
| Region | Land Schleswig-Holstein |
| Title (and/or name of the beneficiary) | Lindenau GmbH, Schiffswerft & Maschinenfabrik |
| Legal basis | Haushaltsgesetz Schleswig-Holstein, § 16; Landeshaushaltsordnung (LHO), § 39; Verwaltungsvorschriften zu § 39 LHO; Richtlinien für die Übernahme von Bürgschaften des Landes Schleswig-Holstein v. 1.2.1991 in der Fassung v. 1.8.2006 |
| Type of measure | Individual aid |
| Objective | Rescue of firms in difficulty |
| Form of aid | Guarantee |
| Budget | Annual budget: EUR 17,6 million
  Overall budget: EUR 17,6 million |
| Intensity | — |
| Duration | 1.1.2009-30.6.2009 |
| Economic sectors | Shipbuilding |
| Name and address of the granting authority | Land Schleswig-Holstein |
| Düsternbrooker Weg 104 |
| D-24105 Kiel |

Date of adoption of the decision

28.11.2008

Reference number of the aid

N 534/08

Member State

Germany

Region

Land Schleswig-Holstein

Title (and/or name of the beneficiary)

Lindenau GmbH, Schiffswerft & Maschinenfabrik

Legal basis

Haushaltsgesetz Schleswig-Holstein, § 16; Landeshaushaltsordnung (LHO), § 39; Verwaltungsvorschriften zu § 39 LHO; Richtlinien für die Übernahme von Bürgschaften des Landes Schleswig-Holstein v. 1.2.1991 in der Fassung v. 1.8.2006

Type of measure

Individual aid

Objective

Rescue of firms in difficulty

Form of aid

Guarantee

Budget

Annual budget: EUR 17,6 million

Overall budget: EUR 17,6 million

Intensity

—

Duration

1.1.2009-30.6.2009

Economic sectors

Shipbuilding

Name and address of the granting authority

Land Schleswig-Holstein

Düsternbrooker Weg 104

D-24105 Kiel

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/

| Date of adoption of the decision | 3.2.2009 |
| --- | --- |
| Reference number of the aid | N 31a/09 |
| Member State | Denmark |
| Region | — |
| Title (and/or name of the beneficiary) | Recapitalization of financial institutions and amendments of the guarantee scheme |
| Legal basis | The Financial Stability Act |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Other forms of equity intervention, Guarantee |
| Budget | Recapitalization: max. DKK 100 000 million
  New guarantee scheme: max. DKK 600 000 million |
| Intensity | — |
| Duration | 3.2.2009-3.8.2009 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Kingdom of Denmark |
| Other information | — |

Date of adoption of the decision

3.2.2009

Reference number of the aid

N 31a/09

Member State

Denmark

Region

—

Title (and/or name of the beneficiary)

Recapitalization of financial institutions and amendments of the guarantee scheme

Legal basis

The Financial Stability Act

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Other forms of equity intervention, Guarantee

Budget

Recapitalization: max. DKK 100 000 million

New guarantee scheme: max. DKK 600 000 million

Intensity

—

Duration

3.2.2009-3.8.2009

Economic sectors

Financial intermediation

Name and address of the granting authority

Kingdom of Denmark

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/

---

| 3.3.2009 | EN | Official Journal of the European Union | C 50/5 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/5

---

Non-opposition to a notified concentration

(Case COMP/M.5386 — Penta/Okna Rabien)

(Text with EEA relevance)

(2009/C 50/02)

On 24 February 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5386. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5386. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

| 3.3.2009 | EN | Official Journal of the European Union | C 50/5 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/5

---

Non-opposition to a notified concentration

(Case COMP/M.5370 — CEZ/Akkok/Sedas/Akenerji)

(Text with EEA relevance)

(2009/C 50/03)

On 24 February 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5370. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5370. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

| 3.3.2009 | EN | Official Journal of the European Union | C 50/6 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/6

---

Non-opposition to a notified concentration

(Case COMP/M.5414 — Samsung SDI/Samsung Electronics/SMD)

(Text with EEA relevance)

(2009/C 50/04)

On 23 January 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5414. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5414. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

| 3.3.2009 | EN | Official Journal of the European Union | C 50/6 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/6

---

Non-opposition to a notified concentration

(Case COMP/M.5463 — Hitachi/Hitachi Koki)

(Text with EEA relevance)

(2009/C 50/05)

On 17 February 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

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

| — | in electronic form on the EUR-Lex website under document number 32009M5463. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5463. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

| 3.3.2009 | EN | Official Journal of the European Union | C 50/7 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/7

---

Non-opposition to a notified concentration

(Case COMP/M.5448 — Abbott/Advanced Medical Optics)

(Text with EEA relevance)

(2009/C 50/06)

On 20 February 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5448. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5448. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

| 3.3.2009 | EN | Official Journal of the European Union | C 50/8 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/8

---

Council conclusions of 26 February 2009 supporting the Council of Europe's legislative work in the area of criminal justice

(2009/C 50/07)

THE COUNCIL OF THE EUROPEAN UNION

MINDFUL of the important achievements that have been brought about by the Council of Europe in creating a treaty framework for legal co-operation in criminal matters between the Members of the Council of Europe;

STRESSING that many of the Conventions of the Council of Europe form part and parcel of the bedrock of co-operation in criminal matters between the Member States of the European Union;

TAKING INTO ACCOUNT that duplication of work should, as far as possible, be avoided to the extent that the objectives pursued can also be achieved through ratification and implementation of Council of Europe Conventions in all EU Member States;

RECALLING the crucial role that the Council of Europe has played in the approximation of criminal legislation in Europe regarding fundamental issues;

STRESSING in particular the fact that the Council of Europe Conventions have often laid the indispensable foundations for further approximation of the legislation of the Member States of the European Union;

REFERRING to the need for Member States to sign and/or ratify in particular the Criminal Law Convention No 173 on Corruption, Convention No 196 on the Prevention of Terrorism Convention No 197 on Action against Trafficking in Human Beings; the Council of Europe Convention No 198 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism and Convention No 201 on the Protection of Children against Sexual Exploitation and Sexual Abuse;

ACKNOWLEDGING that in some cases it may be necessary to provide for more specific and detailed rules between the Member States of the European Union. Such deeper integration does not detract from the important nature of the Conventions of the Council of Europe;

STRESSING that the Council of Europe Conventions play an essential role in the co-operation between EU Member States and Third States;

| 1. | reiterates its respect for the legislative activities of the Council of Europe in the area of criminal justice; |
| --- | --- |

1.

reiterates its respect for the legislative activities of the Council of Europe in the area of criminal justice;

| 2. | reaffirms its intention to continue the close co-operation between the European Union and the Council of Europe in this area; |
| --- | --- |

2.

reaffirms its intention to continue the close co-operation between the European Union and the Council of Europe in this area;

| 3. | calls upon Member States to sign, ratify and implement the Conventions of the Council of Europe in the area of international co-operation in criminal matters and on approximation of criminal legislation when appropriate, in particular when the provisions of these conventions are integrated in the acquis of the EU. |
| --- | --- |

3.

calls upon Member States to sign, ratify and implement the Conventions of the Council of Europe in the area of international co-operation in criminal matters and on approximation of criminal legislation when appropriate, in particular when the provisions of these conventions are integrated in the acquis of the EU.

---

Commission

| 3.3.2009 | EN | Official Journal of the European Union | C 50/9 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/9

---

Euro exchange rates (1)

2 March 2009

(2009/C 50/08)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2596 |
| JPY | Japanese yen | 122,52 |
| DKK | Danish krone | 7,4512 |
| GBP | Pound sterling | 0,89330 |
| SEK | Swedish krona | 11,5755 |
| CHF | Swiss franc | 1,4809 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0280 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 28,291 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 307,03 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7095 |
| PLN | Polish zloty | 4,7500 |
| RON | Romanian leu | 4,3028 |
| TRY | Turkish lira | 2,1752 |
| AUD | Australian dollar | 1,9869 |
| CAD | Canadian dollar | 1,6229 |
| HKD | Hong Kong dollar | 9,7701 |
| NZD | New Zealand dollar | 2,5511 |
| SGD | Singapore dollar | 1,9587 |
| KRW | South Korean won | 1 993,95 |
| ZAR | South African rand | 13,0664 |
| CNY | Chinese yuan renminbi | 8,6230 |
| HRK | Croatian kuna | 7,3759 |
| IDR | Indonesian rupiah | 15 215,97 |
| MYR | Malaysian ringgit | 4,6958 |
| PHP | Philippine peso | 61,740 |
| RUB | Russian rouble | 45,5782 |
| THB | Thai baht | 45,661 |
| BRL | Brazilian real | 3,0409 |
| MXN | Mexican peso | 19,3739 |
| INR | Indian rupee | 65,3540 |

Currency

Exchange rate

USD

US dollar

1,2596

JPY

Japanese yen

122,52

DKK

Danish krone

7,4512

GBP

Pound sterling

0,89330

SEK

Swedish krona

11,5755

CHF

Swiss franc

1,4809

ISK

Iceland króna

NOK

Norwegian krone

9,0280

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

28,291

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

307,03

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7095

PLN

Polish zloty

4,7500

RON

Romanian leu

4,3028

TRY

Turkish lira

2,1752

AUD

Australian dollar

1,9869

CAD

Canadian dollar

1,6229

HKD

Hong Kong dollar

9,7701

NZD

New Zealand dollar

2,5511

SGD

Singapore dollar

1,9587

KRW

South Korean won

1 993,95

ZAR

South African rand

13,0664

CNY

Chinese yuan renminbi

8,6230

HRK

Croatian kuna

7,3759

IDR

Indonesian rupiah

15 215,97

MYR

Malaysian ringgit

4,6958

PHP

Philippine peso

61,740

RUB

Russian rouble

45,5782

THB

Thai baht

45,661

BRL

Brazilian real

3,0409

MXN

Mexican peso

19,3739

INR

Indian rupee

65,3540

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(1)

Source: reference exchange rate published by the ECB.

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NOTICES FROM MEMBER STATES

| 3.3.2009 | EN | Official Journal of the European Union | C 50/10 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/10

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Notification by the Swiss Confederation to the European Commission pursuant to Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

(2009/C 50/09)

Replacement of information published in OJ C 3 of 8 January 2009.

Point III. Article 21(d) — Obligation on third-country nationals to report their presence on the territory of any Member State is replaced by the following:

The Swiss Confederation hereby notifies the Commission, pursuant to Article 37, taken in conjunction with Article 21(d), of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), that foreign nationals are generally required to report their presence on Swiss territory pursuant to Articles 12 to 14 of the Federal Aliens Act of 16 December 2005 (LEtr; RS 142.20). Irrespective of any obligation to obtain a permit, the following are exempt from the above requirement:

| — | foreign nationals not engaging in gainful employment and residing in Switzerland for no more than three months (Article 9 of the Ordinance on admission, residence and gainful employment (OASA); RS 142.201). However, pursuant to Article 16 LEtr, persons providing such persons with accommodation for profit must report them to the competent cantonal authority, |
| --- | --- |

—

foreign nationals not engaging in gainful employment and residing in Switzerland for no more than three months (Article 9 of the Ordinance on admission, residence and gainful employment (OASA); RS 142.201). However, pursuant to Article 16 LEtr, persons providing such persons with accommodation for profit must report them to the competent cantonal authority,

| — | foreign nationals who have been authorised to enter Switzerland to engage in gainful employment or provide a cross-border service there for no more than four months in total over a twelve-month period, except cabaret artistes and other artistes in the fields of music, literature, performing arts, plastic arts, circus or variety (Article 12(1) and (3), OASA), |
| --- | --- |

—

foreign nationals who have been authorised to enter Switzerland to engage in gainful employment or provide a cross-border service there for no more than four months in total over a twelve-month period, except cabaret artistes and other artistes in the fields of music, literature, performing arts, plastic arts, circus or variety (Article 12(1) and (3), OASA),

| — | foreign nationals who were not required to obtain an entry permit because they provide a cross-border service or engage in gainful employment in Switzerland on the orders of a foreign employer for no more than eight days per calendar year; however, it transpires that if the activity will last longer than expected, a report (notification) must be made before the eight-day period expires with a view to obtaining authorisation (Article 14(2) OASA). However, persons engaged in the following sectors, regardless of the length of employment, are required in all cases to obtain a permit and notify their arrival: construction, civil engineering and the finishing industries, catering, the hotel industry, industrial or domestic cleaning, guard and security services, itinerant trades and the sex industry. |
| --- | --- |

—

foreign nationals who were not required to obtain an entry permit because they provide a cross-border service or engage in gainful employment in Switzerland on the orders of a foreign employer for no more than eight days per calendar year; however, it transpires that if the activity will last longer than expected, a report (notification) must be made before the eight-day period expires with a view to obtaining authorisation (Article 14(2) OASA). However, persons engaged in the following sectors, regardless of the length of employment, are required in all cases to obtain a permit and notify their arrival: construction, civil engineering and the finishing industries, catering, the hotel industry, industrial or domestic cleaning, guard and security services, itinerant trades and the sex industry.

The national legislation relating to Article 21(d) of the Schengen Borders Code is as follows:

Federal Aliens Act of 16 December 2005 (LEtr; RS 142.20)

Article 12

Obligation to notify arrival

1.   All foreign nationals required to obtain a short-term residence or establishment permit must notify the authority competent for their place of residence or work in Switzerland of their arrival before the end of the period of residence for which authorisation is not required or before the start of the gainful employment.

2.   They are required to notify the authority competent for the new place of residence of their arrival if they move to a new canton or municipality.

3.   The Federal Council shall lay down the period within which arrival must be notified.

Article 13

Procedures for authorising and notifying arrival

1.   All foreign nationals must produce valid identity papers when notifying their arrival. The Federal Council shall lay down exceptions and the recognised types of identity document.

2.   The competent authority may require an extract from the judicial record in the country of origin or provenance or other documents needed for the procedure.

3.   Foreign nationals may not notify their arrival until they are in possession of all the documents required by the authority competent for issuing the permit.

Article 14

Derogations

The Federal Council may adopt more favourable provisions relating to the obligation to obtain a permit or notify arrival, in particular in order to facilitate temporary cross-border services.

Article 16

Obligation of the provider of accommodation

Persons who provide accommodation to foreign nationals for profit must notify the competent cantonal authority accordingly.

Ordinance on admission, residence and gainful employment (OASA; 142.201)

Article 9

Residence without notification of arrival

(Article 10 LEtr)

1.   Foreign nationals not engaging in gainful employment in Switzerland are not required to hold a permit or notify their arrival provided that they stay for no longer than three months over a six-month period from their entry into Switzerland (residence not subject to authorisation). If necessary, the person concerned must provide supporting documents to prove their date of entry.

2.   The entry conditions stipulated in Article 5 LEtr must be met for the whole duration of residence not subject to authorisation.

Article 12

Short-term gainful employment

(Articles 12(3) and 4 LEtr)

1.   Foreign nationals in possession of an entry permit (Article 5) authorising them to engage in gainful employment or to provide a cross-border service in Switzerland for no more than four months in total over a twelve-month period (Article 19(4)(a)) are not required to notify their arrival. Cabaret artistes within the meaning of Article 34 are an exception to this rule.

2.   Persons in possession of an entry permit (Article 5) authorising them to engage in gainful employment in Switzerland for more than four months in total over a twelve-month period may engage in that activity as soon as they have notified their arrival provided that no decision to the contrary has been taken.

3.   Cabaret artistes (Article 34) and other artistes (Article 19(4)(b)) must notify their arrival in Switzerland regardless of their length of stay.

Article 14

Cross-border gainful employment of not more than eight days

1.   Foreign nationals who provide a cross-border service (Article 3) or engage in gainful employment in Switzerland on the orders of a foreign employer must possess a permit if they engage in the activity for more than eight days per calendar year.

2.   If the activity lasts for longer than expected, notification is required before the eight-day period expires. Once notification has been made, the gainful employment may be pursued until the permit is issued unless the competent authority decides otherwise.

3.   Regardless of their length of stay, foreign nationals must possess a permit if they engage in cross-border gainful employment in one of the following sectors:

| (a) | construction, civil engineering and finishing industries; |
| --- | --- |

(a)

construction, civil engineering and finishing industries;

| (b) | catering, hotel industry and industrial or domestic cleaning; |
| --- | --- |

(b)

catering, hotel industry and industrial or domestic cleaning;

| (c) | guard and security services; |
| --- | --- |

(c)

guard and security services;

| (d) | itinerant trade within the meaning of Article 2(1)(a) and (b) of the Federal Act of 23 March 2001 on itinerant trade; |
| --- | --- |

(d)

itinerant trade within the meaning of Article 2(1)(a) and (b) of the Federal Act of 23 March 2001 on itinerant trade;

| (e) | the sex industry. |
| --- | --- |

(e)

the sex industry.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 3.3.2009 | EN | Official Journal of the European Union | C 50/13 |
| --- | --- | --- | --- |

3.3.2009

EN

Official Journal of the European Union

C 50/13

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Prior notification of a concentration

(Case COMP/M.5449 — ABF/Azucarera)

(Text with EEA relevance)

(2009/C 50/10)

| 1. | On 23 February 2009, 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 Associated British Foods Plc (‘ABF’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Azucarera Ebro S.L. (‘Azucarera’, Spain) by way of purchase of shares. |
| --- | --- |

1.

On 23 February 2009, 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 Associated British Foods Plc (‘ABF’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Azucarera Ebro S.L. (‘Azucarera’, Spain) by way of purchase of shares.

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






  — | for ABF: a diversified food, ingredients and retail group. Products among others include sugar, molasses and yeast. British Sugar conducts ABF's sugar operations by producing sugar from sugar beet for supply to the retail and industrial sector, mainly in the UK, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for ABF: a diversified food, ingredients and retail group. Products among others include sugar, molasses and yeast. British Sugar conducts ABF's sugar operations by producing sugar from sugar beet for supply to the retail and industrial sector, mainly in the UK,

| — | for Azucarera: a wholly-owned subsidiary of Ebro Puleva S.A. (Spain). It produces sugar and sugar derivatives from sugar beet and supplies these products to the retail and industrial sectors in Spain and in Portugal. |
| --- | --- |

—

for Azucarera: a wholly-owned subsidiary of Ebro Puleva S.A. (Spain). It produces sugar and sugar derivatives from sugar beet and supplies these products to the retail and industrial sectors in Spain and in Portugal.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5449 — ABF/Azucarera, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5449 — ABF/Azucarera, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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

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