# Official Journal C 40/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.040.eng |
| --- | --- |
| Official Journal
  of the European Union | C 40 |
| | |
| English edition | Information and Notices | Volume 549 February 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.040.eng

Official Journal

of the European Union

C 40

English edition

Information and Notices

Volume 549 February 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 040/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2011/C 040/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 5 |
| 2011/C 040/03 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 9 |
| 2011/C 040/04 | Non-opposition to a notified concentration (Case COMP/M.6107 — Platinum Equity/Nampak Paper Holdings) (
  1
  ) | 11 |
| 2011/C 040/05 | Non-opposition to a notified concentration (Case COMP/M.6055 — Strabag SE/EW4E Group/BMG JV) (
  1
  ) | 11 |
| 2011/C 040/06 | Non-opposition to a notified concentration (Case COMP/M.5986 — Schindler/Droege/ALSO/Actebis) (
  1
  ) | 12 |
| 2011/C 040/07 | Non-opposition to a notified concentration (Case COMP/M.6099 — Apax/Takko) (
  1
  ) | 12 |
| | European Central Bank |
| 2011/C 040/08 | Part 0 of the ECB Staff Rules containing the Ethics Framework (This text cancels and replaces the text published in Official Journal C 104, 23.4.2010, p. 3) | 13 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 040/01

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

1

1

2011/C 040/02

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

1

5

2011/C 040/03

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

1

9

2011/C 040/04

Non-opposition to a notified concentration (Case COMP/M.6107 — Platinum Equity/Nampak Paper Holdings) (
  1
  )

1

11

2011/C 040/05

Non-opposition to a notified concentration (Case COMP/M.6055 — Strabag SE/EW4E Group/BMG JV) (
  1
  )

1

11

2011/C 040/06

Non-opposition to a notified concentration (Case COMP/M.5986 — Schindler/Droege/ALSO/Actebis) (
  1
  )

1

12

2011/C 040/07

Non-opposition to a notified concentration (Case COMP/M.6099 — Apax/Takko) (
  1
  )

1

12

European Central Bank

2011/C 040/08

Part 0 of the ECB Staff Rules containing the Ethics Framework (This text cancels and replaces the text published in Official Journal C 104, 23.4.2010, p. 3)

(This text cancels and replaces the text published in Official Journal C 104, 23.4.2010, p. 3)

13

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 040/09 | Euro exchange rates | 18 |
| 2011/C 040/10 | Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 12 June 2008 concerning a draft decision relating to Case COMP/39.180 — Aluminium fluoride — Rapporteur: Austria | 19 |
| 2011/C 040/11 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 20 June 2008 regarding a draft decision relating to Case COMP/39.180 — Aluminium fluoride (2) — Rapporteur: Austria | 19 |
| 2011/C 040/12 | Final report of the Hearing Officer in the Aluminium fluoride case (Case COMP/39.180) | 20 |
| 2011/C 040/13 | Summary of Commission Decision of 25 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.180 — Aluminium fluoride) (notified under document C(2008) 3043 final)
   (
  1
  ) | 22 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 040/09

Euro exchange rates

18

2011/C 040/10

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 12 June 2008 concerning a draft decision relating to Case COMP/39.180 — Aluminium fluoride — Rapporteur: Austria

19

2011/C 040/11

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 20 June 2008 regarding a draft decision relating to Case COMP/39.180 — Aluminium fluoride (2) — Rapporteur: Austria

19

2011/C 040/12

Final report of the Hearing Officer in the Aluminium fluoride case (Case COMP/39.180)

20

2011/C 040/13

Summary of Commission Decision of 25 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.180 — Aluminium fluoride) (notified under document C(2008) 3043 final)
   (
  1
  )

(notified under document C(2008) 3043 final)

1

22

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 040/14 | Prior notification of a concentration (Case COMP/M.6117 — Assa Abloy/Cardo) (
  1
  ) | 24 |
| 2011/C 040/15 | Prior notification of a concentration (Case COMP/M.6137 — Citigroup Inc/Maltby Acquisitions Limited) — Candidate case for simplified procedure (
  1
  ) | 25 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 040/14

Prior notification of a concentration (Case COMP/M.6117 — Assa Abloy/Cardo) (
  1
  )

1

24

2011/C 040/15

Prior notification of a concentration (Case COMP/M.6137 — Citigroup Inc/Maltby Acquisitions Limited) — Candidate case for simplified procedure (
  1
  )

1

25

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

---

(1)   Text with EEA relevance

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.2.2011 | EN | Official Journal of the European Union | C 40/1 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/1

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2011/C 40/01

| Date of adoption of the decision | 5.10.2010 |
| --- | --- |
| Reference number of State Aid | N 159/10 |
| Member State | France |
| Region | Départements d'outre-mer |
| Title (and/or name of the beneficiary) | Régime d’aides à caractère social au bénéfice de certaines catégories de personnes ayant leur résidence habituelle dans l'une des collectivités suivantes: la Guadeloupe, la Guyane, la Martinique, Mayotte, la Nouvelle-Calédonie, la Polynésie française, La Réunion, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon et Wallis-et-Futuna |
| Legal basis | Loi no 2009-594 du 27 mai 2009 pour le développement économique des outre-mer (article 50); Projets de décret et d'arrêtés d'application |
| Type of measure | Aid scheme |
| Objective | Social support to individual consumers |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 52 million |
| Intensity | 100 % |
| Duration (period) | 1.7.2010 — Indefinite |
| Economic sectors | Air transport |
| Name and address of the granting authority | Ministère de l'Outre-mer (DéGéOM) |
| 27 rue Oudinot |
| 75007 Paris |
| FRANCE |

Date of adoption of the decision

5.10.2010

Reference number of State Aid

N 159/10

Member State

France

Region

Départements d'outre-mer

Title (and/or name of the beneficiary)

Régime d’aides à caractère social au bénéfice de certaines catégories de personnes ayant leur résidence habituelle dans l'une des collectivités suivantes: la Guadeloupe, la Guyane, la Martinique, Mayotte, la Nouvelle-Calédonie, la Polynésie française, La Réunion, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon et Wallis-et-Futuna

Legal basis

Loi no 2009-594 du 27 mai 2009 pour le développement économique des outre-mer (article 50); Projets de décret et d'arrêtés d'application

Type of measure

Aid scheme

Objective

Social support to individual consumers

Form of aid

Direct grant

Budget

Annual budget: EUR 52 million

Intensity

100 %

Duration (period)

1.7.2010 — Indefinite

Economic sectors

Air transport

Name and address of the granting authority

Ministère de l'Outre-mer (DéGéOM)

27 rue Oudinot

75007 Paris

FRANCE

Other information

—

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

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

| Date of adoption of the decision | 26.10.2010 |
| --- | --- |
| Reference number of State Aid | N 299/10 |
| Member State | Germany |
| Region | Freistaat Bayern |
| Title (and/or name of the beneficiary) | Richtlinie zur Förderung der Breitbanderschließung in ländlichen Gebieten (Breitbandrichtlinie) |
| Legal basis | Art. 23, 44 Bayerische Haushaltsordnung Gesetz über die Gemeinschaftsaufgabe „Verbesserung der Agrarstruktur und des Küstenschutzes“ (GAK-Gesetz)
  Grundsätze zur Förderung der integrierten ländlichen Entwicklung (ILE) — Teil B im GAK-Rahmenplan 2008-2011
  Breitbandrichtlinie des Freistaats Bayern |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | | Annual budget: EUR 57 million |

Date of adoption of the decision

26.10.2010

Reference number of State Aid

N 299/10

Member State

Germany

Region

Freistaat Bayern

Title (and/or name of the beneficiary)

Richtlinie zur Förderung der Breitbanderschließung in ländlichen Gebieten (Breitbandrichtlinie)

Legal basis

Art. 23, 44 Bayerische Haushaltsordnung Gesetz über die Gemeinschaftsaufgabe „Verbesserung der Agrarstruktur und des Küstenschutzes“ (GAK-Gesetz)

Grundsätze zur Förderung der integrierten ländlichen Entwicklung (ILE) — Teil B im GAK-Rahmenplan 2008-2011

Breitbandrichtlinie des Freistaats Bayern

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Annual budget: EUR 57 million

| | Overall budget: EUR 57 million |
| --- | --- |

Overall budget: EUR 57 million

Intensity

—

Duration (period)

Until 31.12.2011

Economic sectors

Post and telecommunications

Name and address of the granting authority

| Regierung von Mittelfranken |
| --- |
| Promenade 27 |
| 91522 Ansbach |
| DEUTSCHLAND |

Regierung von Mittelfranken

Promenade 27

91522 Ansbach

DEUTSCHLAND

| Regierung von Niederbayern |
| --- |
| Regierungsplatz 540 |
| 84028 Landshut |
| DEUTSCHLAND |

Regierung von Niederbayern

Regierungsplatz 540

84028 Landshut

DEUTSCHLAND

| Regierung von Oberbayern |
| --- |
| Maximilianstraße 39 |
| 80538 München |
| DEUTSCHLAND |

Regierung von Oberbayern

Maximilianstraße 39

80538 München

DEUTSCHLAND

| Regierung von Oberfranken |
| --- |
| Ludwigstraße 20 |
| 95444 Bayreuth |
| DEUTSCHLAND |

Regierung von Oberfranken

Ludwigstraße 20

95444 Bayreuth

DEUTSCHLAND

| Regierung der Oberpfalz |
| --- |
| Emmeramsplatz 8 |
| 93039 Regensburg |
| DEUTSCHLAND |

Regierung der Oberpfalz

Emmeramsplatz 8

93039 Regensburg

DEUTSCHLAND

| Regierung von Schwaben |
| --- |
| Fronhof 10 |
| 86152 Augsburg |
| DEUTSCHLAND |

Regierung von Schwaben

Fronhof 10

86152 Augsburg

DEUTSCHLAND

| Regierung von Unterfranken |
| --- |
| Peterplatz 9 |
| 97070 Würzburg |
| DEUTSCHLAND |

Regierung von Unterfranken

Peterplatz 9

97070 Würzburg

DEUTSCHLAND

Other information

—

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

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

| Date of adoption of the decision | 12.10.2010 |
| --- | --- |
| Reference number of State Aid | N 391/10 |
| Member State | Germany |
| Region | Hessen |
| Title (and/or name of the beneficiary) | Broadband development in Hessen |
| Legal basis | 1. | Gesetz über die Gemeinschaftsaufgabe „Verbesserung der Agrarstruktur und des Küstenschutzes“ (GAK-Gesetz) |

Date of adoption of the decision

12.10.2010

Reference number of State Aid

N 391/10

Member State

Germany

Region

Hessen

Title (and/or name of the beneficiary)

Broadband development in Hessen

Legal basis

1.

Gesetz über die Gemeinschaftsaufgabe „Verbesserung der Agrarstruktur und des Küstenschutzes“ (GAK-Gesetz)

| 2. | Förderung der integrierten ländlichen Entwicklung (ILE) |
| --- | --- |

2.

Förderung der integrierten ländlichen Entwicklung (ILE)

| 3. | Teil B im GAK-Rahmenplan 2008-2011 |
| --- | --- |

3.

Teil B im GAK-Rahmenplan 2008-2011

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

| | Annual budget: EUR 0,7 million |
| --- | --- |

Annual budget: EUR 0,7 million

| | Overall budget: EUR 2,1 million |
| --- | --- |

Overall budget: EUR 2,1 million

Intensity

—

Duration (period)

Until 31.12.2012

Economic sectors

Post and telecommunications

Name and address of the granting authority

Kommunen in Hessen

Other information

—

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

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

| Date of adoption of the decision | 21.10.2010 |
| --- | --- |
| Reference number of State Aid | N 425/10 |
| Member State | Italy |
| Region | — |
| Title (and/or name of the beneficiary) | Rinnovo del regime di ricapitalizzazione a favore del settore finanziario in Italia introdotto con l'art. 12 del DL 28.11.2008 convertito nella L 29.1.2009 n. 2 e successivo DM attuativo del 25.2.2009 |
| Legal basis | DL 5 agosto 2010 n. 125 art. 2 comma 1 |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Other forms of equity intervention |
| Budget | — |
| Intensity | — |
| Duration (period) | Until 31.12.2010 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Ministero dell’Economia e Finanze |
| Other information | — |

Date of adoption of the decision

21.10.2010

Reference number of State Aid

N 425/10

Member State

Italy

Region

—

Title (and/or name of the beneficiary)

Rinnovo del regime di ricapitalizzazione a favore del settore finanziario in Italia introdotto con l'art. 12 del DL 28.11.2008 convertito nella L 29.1.2009 n. 2 e successivo DM attuativo del 25.2.2009

Legal basis

DL 5 agosto 2010 n. 125 art. 2 comma 1

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Other forms of equity intervention

Budget

—

Intensity

—

Duration (period)

Until 31.12.2010

Economic sectors

Financial intermediation

Name and address of the granting authority

Ministero dell’Economia e Finanze

Other information

—

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

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

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/5 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/5

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2011/C 40/02

| Date of adoption of the decision | 18.12.2009 |
| --- | --- |
| Reference number of State Aid | N 599/09 |
| Member State | Denmark |
| Region | — |
| Title (and/or name of the beneficiary) | Aid scheme for the production and broadcasting of Danish TV drama and TV documentary programmes |
| Legal basis | Retningslinjer for fordeling af Public Service-Puljen, jf. § 11a I lov om radio- og fjernsynsvirksomhed, jf. Lovbekendtgørelse nr. 388 af 11. april 2007 |
| Type of measure | Aid scheme |
| Objective | Culture |
| Form of aid | Direct grant |
| Budget | | Annual budget: DKK 20 million |

Date of adoption of the decision

18.12.2009

Reference number of State Aid

N 599/09

Member State

Denmark

Region

—

Title (and/or name of the beneficiary)

Aid scheme for the production and broadcasting of Danish TV drama and TV documentary programmes

Legal basis

Retningslinjer for fordeling af Public Service-Puljen, jf. § 11a I lov om radio- og fjernsynsvirksomhed, jf. Lovbekendtgørelse nr. 388 af 11. april 2007

Type of measure

Aid scheme

Objective

Culture

Form of aid

Direct grant

Budget

Annual budget: DKK 20 million

| | Overall budget: DKK 20 million |
| --- | --- |

Overall budget: DKK 20 million

Intensity

80 %

Duration (period)

1.1.2010-31.12.2010

Economic sectors

Media

Name and address of the granting authority

| Kulturministeriet |
| --- |
| Nybrogade 2 |
| 1203 København K |
| DANMARK |

Kulturministeriet

Nybrogade 2

1203 København K

DANMARK

Other information

—

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

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

| Date of adoption of the decision | 24.1.2011 |
| --- | --- |
| Reference number of State Aid | N 451/10 |
| Member State | Germany |
| Region | Rotenburg Wümme |
| Title (and/or name of the beneficiary) | Aufbau einer Next Generation Access Infrastruktur im Landkreis Rotenburg (Wümme) |
| Legal basis | Landeshaushaltsordnung Niedersachsen, Verwaltungsvorschriften zur Landeshaushaltsordnung und ihre Nebenbestimmungen |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 15 million |
| Intensity | — |
| Duration (period) | Until 31.3.2016 |
| Economic sectors | Post and telecommunications |
| Name and address of the granting authority | Verschiedene Städte und Landratsämter |
| Other information | — |

Date of adoption of the decision

24.1.2011

Reference number of State Aid

N 451/10

Member State

Germany

Region

Rotenburg Wümme

Title (and/or name of the beneficiary)

Aufbau einer Next Generation Access Infrastruktur im Landkreis Rotenburg (Wümme)

Legal basis

Landeshaushaltsordnung Niedersachsen, Verwaltungsvorschriften zur Landeshaushaltsordnung und ihre Nebenbestimmungen

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: EUR 15 million

Intensity

—

Duration (period)

Until 31.3.2016

Economic sectors

Post and telecommunications

Name and address of the granting authority

Verschiedene Städte und Landratsämter

Other information

—

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

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

| Date of adoption of the decision | 29.11.2010 |
| --- | --- |
| Reference number of State Aid | N 529/10 |
| Member State | Ireland |
| Region | — |
| Title (and/or name of the beneficiary) | Transfer of the second tranche of assets to NAMA |
| Legal basis | National Asset Management Agency Act 2009 |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Other forms of equity intervention |
| Budget | [...] (1) |
| Intensity | — |
| Duration (period) | 26.2.2010-26.2.2011 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Department of Finance |
| Government Buildings |
| Upper Merrion Street |
| Dublin 2 |
| IRELAND |

Date of adoption of the decision

29.11.2010

Reference number of State Aid

N 529/10

Member State

Ireland

Region

—

Title (and/or name of the beneficiary)

Transfer of the second tranche of assets to NAMA

Legal basis

National Asset Management Agency Act 2009

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Other forms of equity intervention

Budget

[...] (1)

Intensity

—

Duration (period)

26.2.2010-26.2.2011

Economic sectors

Financial intermediation

Name and address of the granting authority

Department of Finance

Government Buildings

Upper Merrion Street

Dublin 2

IRELAND

Other information

—

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

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

| Date of adoption of the decision | 13.1.2011 |
| --- | --- |
| Reference number of State Aid | SA.32104 (2010/N) |
| Member State | Estonia |
| Region | — |
| Title (and/or name of the beneficiary) | Prolongation of aid scheme N 387/09 Compatible limited amount of aid |
| Legal basis | Draft Decree of the Minister for Economic Affaire and Communications |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Direct grant, Interest subsidy, Guarantee |
| Budget | | Annual budget: EUR 13 million |

Date of adoption of the decision

13.1.2011

Reference number of State Aid

SA.32104 (2010/N)

Member State

Estonia

Region

—

Title (and/or name of the beneficiary)

Prolongation of aid scheme N 387/09 Compatible limited amount of aid

Legal basis

Draft Decree of the Minister for Economic Affaire and Communications

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Direct grant, Interest subsidy, Guarantee

Budget

Annual budget: EUR 13 million

| | Overall budget: EUR 13 million |
| --- | --- |

Overall budget: EUR 13 million

Intensity

—

Duration (period)

Until 31.12.2011

Economic sectors

All sectors

Name and address of the granting authority

| Ministry of Finance |
| --- |
| Foundation Enterprise Estonia („Ettevõtluse Arendamise Sihtasutus”) |
| Liivalaia 13/15 |
| 10118 Tallinn |
| EESTI/ESTONIA |

Ministry of Finance

Foundation Enterprise Estonia („Ettevõtluse Arendamise Sihtasutus”)

Liivalaia 13/15

10118 Tallinn

EESTI/ESTONIA

| Credit and Export Guarantee Fund („Krediidi ja Ekspordi Garanteerimise SA KredEx”) |
| --- |
| Pärnu mnt 67b |
| 10134 Tallinn |
| EESTI/ESTONIA |

Credit and Export Guarantee Fund („Krediidi ja Ekspordi Garanteerimise SA KredEx”)

Pärnu mnt 67b

10134 Tallinn

EESTI/ESTONIA

Other information

—

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

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

| Date of adoption of the decision | 26.1.2011 |
| --- | --- |
| Reference number of State Aid | SA.32156 (2010/N) |
| Member State | Germany |
| Region | Sachsen, Sachsen-Anhalt, Thüringen, Mecklenburg-Vorpommern, Brandenburg |
| Title (and/or name of the beneficiary) | Änderung „Bundesbürgschaften unter Einbindung paralleler Landesbürgschaften für Vorhaben in den neuen Ländern und im Regionalfördergebiet Berlin“ (N 439/07) — Auslaufregelung statistische Effekt-Regionen |
| Legal basis | Bundeshaushaltsgesetz in der jährlichen Fassung, insbes. § 3(1) Nr. 5. Bundeshaushaltsordnung. Titel: Bundeshaushaltsplan |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Guarantee |
| Budget | Overall budget: EUR 1 020 million |
| Intensity | — |
| Duration (period) | 1.1.2011-31.12.2012 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Bundesministerium für Wirtschaft und Technologie |
| Scharnhorststr. 34-37 |
| 10115 Berlin |
| DEUTSCHLAND |

Date of adoption of the decision

26.1.2011

Reference number of State Aid

SA.32156 (2010/N)

Member State

Germany

Region

Sachsen, Sachsen-Anhalt, Thüringen, Mecklenburg-Vorpommern, Brandenburg

Title (and/or name of the beneficiary)

Änderung „Bundesbürgschaften unter Einbindung paralleler Landesbürgschaften für Vorhaben in den neuen Ländern und im Regionalfördergebiet Berlin“ (N 439/07) — Auslaufregelung statistische Effekt-Regionen

Legal basis

Bundeshaushaltsgesetz in der jährlichen Fassung, insbes. § 3(1) Nr. 5. Bundeshaushaltsordnung. Titel: Bundeshaushaltsplan

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Guarantee

Budget

Overall budget: EUR 1 020 million

Intensity

—

Duration (period)

1.1.2011-31.12.2012

Economic sectors

All sectors

Name and address of the granting authority

Bundesministerium für Wirtschaft und Technologie

Scharnhorststr. 34-37

10115 Berlin

DEUTSCHLAND

| Bundesministerium der Finanzen |
| --- |
| Wilhelmstr. 97 |
| 10117 Berlin |
| DEUTSCHLAND |

Bundesministerium der Finanzen

Wilhelmstr. 97

10117 Berlin

DEUTSCHLAND

Other information

—

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

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

---

(1)  Confidential information.

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| 9.2.2011 | EN | Official Journal of the European Union | C 40/9 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/9

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2011/C 40/03

| Date of adoption of the decision | 15.7.2010 |
| --- | --- |
| Reference number of State Aid | N 546/09 |
| Member State | Ireland |
| Region | — |
| Title (and/or name of the beneficiary) | Restructuring of Bank of Ireland |
| Legal basis | CIFD Act 2008 |
| Type of measure | Individual aid |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Other forms of equity intervention |
| Budget | Overall budget: EUR 4 600 million |
| Intensity | — |
| Duration (period) | — |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | Irish Minister for Finance |
| Other information | — |

Date of adoption of the decision

15.7.2010

Reference number of State Aid

N 546/09

Member State

Ireland

Region

—

Title (and/or name of the beneficiary)

Restructuring of Bank of Ireland

Legal basis

CIFD Act 2008

Type of measure

Individual aid

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Other forms of equity intervention

Budget

Overall budget: EUR 4 600 million

Intensity

—

Duration (period)

—

Economic sectors

Financial intermediation

Name and address of the granting authority

Irish Minister for Finance

Other information

—

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

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

| Date of adoption of the decision | 5.1.2011 |
| --- | --- |
| Reference number of State Aid | N 517/10 |
| Member State | United Kingdom |
| Region | — |
| Title (and/or name of the beneficiary) | WRAP — Capital Grants and Lease Guarantee Fund Scheme (prolongation and modification) |
| Legal basis | Section 153 of the Environmental Protection Act 1990 and the Financial Assistance for Environmental Purposes (No 2) Order 2000 (S1 2000/2211) |
| Type of measure | Aid scheme |
| Objective | Environmental protection |
| Form of aid | Direct grant, Interest subsidy, Guarantee |
| Budget | Overall budget: GBP 50 million |
| Intensity | 50 % |
| Duration (period) | Until 31.3.2015 |
| Economic sectors | All sectors |
| Name and address of the granting authority | WRAP |
| The Old Academy |
| 21 Horse Fair |
| Banbury |
| OX16 0AH |
| UNITED KINGDOM |

Date of adoption of the decision

5.1.2011

Reference number of State Aid

N 517/10

Member State

United Kingdom

Region

—

Title (and/or name of the beneficiary)

WRAP — Capital Grants and Lease Guarantee Fund Scheme (prolongation and modification)

Legal basis

Section 153 of the Environmental Protection Act 1990 and the Financial Assistance for Environmental Purposes (No 2) Order 2000 (S1 2000/2211)

Type of measure

Aid scheme

Objective

Environmental protection

Form of aid

Direct grant, Interest subsidy, Guarantee

Budget

Overall budget: GBP 50 million

Intensity

50 %

Duration (period)

Until 31.3.2015

Economic sectors

All sectors

Name and address of the granting authority

WRAP

The Old Academy

21 Horse Fair

Banbury

OX16 0AH

UNITED KINGDOM

Other information

—

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

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

| Date of adoption of the decision | 26.1.2011 |
| --- | --- |
| Reference number of State Aid | SA.32121 (2010/N) |
| Member State | Germany |
| Region | Brandenburg |
| Title (and/or name of the beneficiary) | Landesbürgschaftsprogramm des Landes Brandenburg für Betriebsmittelkredite |
| Legal basis | Bürgschaftsrichtlinie des Landes Brandenburg für die Wirtschaft und die freien Berufe, Runderlass des Ministeriums der Finanzen von 2007; Landeshaushaltsordnung und dazu erlassene Verwaltungsvorschriften; Haushaltsgesetz des Landes Brandenburg in der jährlichen Fassung |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Guarantee |
| Budget | EUR 340 million |
| Intensity | — |
| Duration (period) | 1.1.2011-31.12.2012 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Ministerium der Finanzen des Landes Brandenburg |
| Steinstr. 104-106 |
| 14480 Potsdam |
| DEUTSCHLAND |

Date of adoption of the decision

26.1.2011

Reference number of State Aid

SA.32121 (2010/N)

Member State

Germany

Region

Brandenburg

Title (and/or name of the beneficiary)

Landesbürgschaftsprogramm des Landes Brandenburg für Betriebsmittelkredite

Legal basis

Bürgschaftsrichtlinie des Landes Brandenburg für die Wirtschaft und die freien Berufe, Runderlass des Ministeriums der Finanzen von 2007; Landeshaushaltsordnung und dazu erlassene Verwaltungsvorschriften; Haushaltsgesetz des Landes Brandenburg in der jährlichen Fassung

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Guarantee

Budget

EUR 340 million

Intensity

—

Duration (period)

1.1.2011-31.12.2012

Economic sectors

All sectors

Name and address of the granting authority

Ministerium der Finanzen des Landes Brandenburg

Steinstr. 104-106

14480 Potsdam

DEUTSCHLAND

Other information

—

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

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

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/11 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/11

---

Non-opposition to a notified concentration

(Case COMP/M.6107 — Platinum Equity/Nampak Paper Holdings)

(Text with EEA relevance)

2011/C 40/04

On 2 February 2011, 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:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6107. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6107. EUR-Lex is the on-line access to the European law.

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| 9.2.2011 | EN | Official Journal of the European Union | C 40/11 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/11

---

Non-opposition to a notified concentration

(Case COMP/M.6055 — Strabag SE/EW4E Group/BMG JV)

(Text with EEA relevance)

2011/C 40/05

On 2 February 2011, 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 German and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6055. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6055. EUR-Lex is the on-line access to the European law.

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/12 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/12

---

Non-opposition to a notified concentration

(Case COMP/M.5986 — Schindler/Droege/ALSO/Actebis)

(Text with EEA relevance)

2011/C 40/06

On 10 December 2010, 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 German and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5986. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5986. EUR-Lex is the on-line access to the European law.

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/12 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/12

---

Non-opposition to a notified concentration

(Case COMP/M.6099 — Apax/Takko)

(Text with EEA relevance)

2011/C 40/07

On 1 February 2011, 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:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6099. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6099. EUR-Lex is the on-line access to the European law.

---

European Central Bank

| 9.2.2011 | EN | Official Journal of the European Union | C 40/13 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/13

---

Part 0 of the ECB Staff Rules containing the Ethics Framework

(This text cancels and replaces the text published in Official Journal C 104 of 23 April 2010, p. 3)

2011/C 40/08

0.1.   General provisions

| 0.1.1. | The conduct of members of staff shall neither hinder their independence and impartiality nor harm the ECB’s reputation. Members of staff shall:






  (a) | respect the ECB’s common values and conduct themselves in their professional and private lives in a manner befitting the character of the ECB as a European institution; |
| --- | --- | --- |

0.1.1.

The conduct of members of staff shall neither hinder their independence and impartiality nor harm the ECB’s reputation. Members of staff shall:

(a)

respect the ECB’s common values and conduct themselves in their professional and private lives in a manner befitting the character of the ECB as a European institution;

| (b) | perform their duties conscientiously, honestly and without regard to self-interest or national interests, subscribe to high standards of professional ethics and act with loyalty to the ECB; |
| --- | --- |

(b)

perform their duties conscientiously, honestly and without regard to self-interest or national interests, subscribe to high standards of professional ethics and act with loyalty to the ECB;

| (c) | employ caution and care in all their private financial dealings and refrain from being party to any economic or financial transactions that may hinder their independence or impartiality. |
| --- | --- |

(c)

employ caution and care in all their private financial dealings and refrain from being party to any economic or financial transactions that may hinder their independence or impartiality.

| 0.1.2. | The privileges and immunities enjoyed by members of staff under the Protocol on the Privileges and Immunities of the European Union are accorded solely in the interests of the ECB. These privileges and immunities shall in no way exempt members of staff from fulfilling their private obligations or from complying with the laws and police regulations in force. Whenever privileges and immunities are in dispute, members of staff concerned shall immediately inform the ECB’s Executive Board. |
| --- | --- |

0.1.2.

The privileges and immunities enjoyed by members of staff under the Protocol on the Privileges and Immunities of the European Union are accorded solely in the interests of the ECB. These privileges and immunities shall in no way exempt members of staff from fulfilling their private obligations or from complying with the laws and police regulations in force. Whenever privileges and immunities are in dispute, members of staff concerned shall immediately inform the ECB’s Executive Board.

| 0.1.3. | Members of staff who are seconded or on leave from another organisation or institution shall be integrated into the staff of the ECB, shall have the same obligations and rights as other members of staff, and shall perform their duties solely for the benefit of the ECB. |
| --- | --- |

0.1.3.

Members of staff who are seconded or on leave from another organisation or institution shall be integrated into the staff of the ECB, shall have the same obligations and rights as other members of staff, and shall perform their duties solely for the benefit of the ECB.

0.2.   Ethics Officer

Members of staff may request the ECB’s Ethics Officer to provide guidance on any matter related to their compliance with the ECB’s ethics framework. Conduct that fully complies with the advice of the Ethics Officer shall be presumed to comply with the ethics framework and shall not give rise to any disciplinary procedure against members of staff for a breach of their obligations. Such advice shall not, however, release members of staff from any external liabilities.

0.3.   Professional secrecy

| 0.3.1. | Members of staff shall refrain from making unauthorised disclosure of any classified information that they have received in the context of their work at the ECB to any person outside the ECB, including their family members, and to colleagues inside the ECB who do not need the information to perform their duties, unless that information has already been made public or is accessible to the public. |
| --- | --- |

0.3.1.

Members of staff shall refrain from making unauthorised disclosure of any classified information that they have received in the context of their work at the ECB to any person outside the ECB, including their family members, and to colleagues inside the ECB who do not need the information to perform their duties, unless that information has already been made public or is accessible to the public.

| 0.3.2. | Authorisation to make disclosure of information within and outside the ECB shall be obtained in accordance with the rules on management and confidentiality of documents in the Business Practice Handbook. |
| --- | --- |

0.3.2.

Authorisation to make disclosure of information within and outside the ECB shall be obtained in accordance with the rules on management and confidentiality of documents in the Business Practice Handbook.

| 0.3.3. | Authorisation to make disclosure shall be granted to a member of staff where they have to give evidence, whether as a witness in legal proceedings or otherwise, and where a refusal to give evidence could incur criminal liability. As an exception, authorisation to make disclosure shall not be necessary if a member of staff is summoned to give evidence before the Court of Justice of the European Union in a case between the ECB and a current or former member of staff. |
| --- | --- |

0.3.3.

Authorisation to make disclosure shall be granted to a member of staff where they have to give evidence, whether as a witness in legal proceedings or otherwise, and where a refusal to give evidence could incur criminal liability. As an exception, authorisation to make disclosure shall not be necessary if a member of staff is summoned to give evidence before the Court of Justice of the European Union in a case between the ECB and a current or former member of staff.

0.4.   In-house relations

| 0.4.1. | Members of staff shall comply with their superiors’ instructions and with applicable reporting lines. |
| --- | --- |

0.4.1.

Members of staff shall comply with their superiors’ instructions and with applicable reporting lines.

| 0.4.2. | Members of staff shall not require other staff to perform private tasks for them or for others. |
| --- | --- |

0.4.2.

Members of staff shall not require other staff to perform private tasks for them or for others.

| 0.4.3. | Members of staff shall behave loyally towards their colleagues. In particular, members of staff shall neither withhold from other members of staff information that may affect the conduct of business, particularly to gain a personal advantage, nor provide false, inaccurate or exaggerated information. Moreover, they shall not obstruct or refuse to cooperate with colleagues. |
| --- | --- |

0.4.3.

Members of staff shall behave loyally towards their colleagues. In particular, members of staff shall neither withhold from other members of staff information that may affect the conduct of business, particularly to gain a personal advantage, nor provide false, inaccurate or exaggerated information. Moreover, they shall not obstruct or refuse to cooperate with colleagues.

0.5.   Use of the ECB’s resources

Members of staff shall respect and protect ECB property. All equipment and facilities, whatever their nature, are provided by the ECB for official use only, unless private use is permitted either according to the relevant internal rules in the Business Practice Handbook or under special authorisation. Members of staff shall take all reasonable and appropriate measures to limit ECB costs wherever possible, so that the available resources can be used most efficiently.

0.6.   Dignity at work

Members of staff shall refrain from discrimination of any kind towards others and from any form of psychological or sexual harassment or bullying. They shall show sensitivity to and respect for others and avoid any behaviour that another person could reasonably consider offensive. The status of members of staff shall not be prejudiced in any way on the grounds of their preventing or reporting harassment or bullying. Members of staff shall adhere to the ECB’s Dignity at Work policy.

0.7.   Obligation to report breaches of professional duty

| 0.7.1. | Without prejudice to the obligations of members of staff under Decision ECB/2004/11 of 3 June 2004 concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption, and any other illegal activities detrimental to the European Communities’ financial interests and amending the Conditions of Employment for Staff of the European Central Bank (1), members of staff shall report to the ECB and/or to the Ethics Officer if they have knowledge of or a well-founded suspicion of money laundering, terrorist financing, insider trading, fraud or corruption in the conduct of their professional duties by another member of staff or by any supplier of goods or services to the ECB. |
| --- | --- |

0.7.1.

Without prejudice to the obligations of members of staff under Decision ECB/2004/11 of 3 June 2004 concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption, and any other illegal activities detrimental to the European Communities’ financial interests and amending the Conditions of Employment for Staff of the European Central Bank (1), members of staff shall report to the ECB and/or to the Ethics Officer if they have knowledge of or a well-founded suspicion of money laundering, terrorist financing, insider trading, fraud or corruption in the conduct of their professional duties by another member of staff or by any supplier of goods or services to the ECB.

| 0.7.2. | In all other cases, members of staff may report to the ECB and/or to the Ethics Officer if they have knowledge of or a well-founded suspicion of a breach of professional duty by another member of staff or by any supplier of goods or services to the ECB. |
| --- | --- |

0.7.2.

In all other cases, members of staff may report to the ECB and/or to the Ethics Officer if they have knowledge of or a well-founded suspicion of a breach of professional duty by another member of staff or by any supplier of goods or services to the ECB.

| 0.7.3. | Members of staff shall in no way be subject to inequitable or discriminatory treatment, intimidation, retaliation or victimisation as a result of having reported their knowledge of or well-founded suspicion of a breach of professional duty. |
| --- | --- |

0.7.3.

Members of staff shall in no way be subject to inequitable or discriminatory treatment, intimidation, retaliation or victimisation as a result of having reported their knowledge of or well-founded suspicion of a breach of professional duty.

| 0.7.4. | The identity of members of staff who so request shall be protected when reporting their knowledge of or well-founded suspicion of a breach of professional duty. |
| --- | --- |

0.7.4.

The identity of members of staff who so request shall be protected when reporting their knowledge of or well-founded suspicion of a breach of professional duty.

0.8.   Conflicts of interest — general rule

Members of staff shall avoid any situation which is liable to give rise or may be perceived to give rise to a conflict of interest between their work and their private interests. Members of staff who, in the performance of their duties, are called on to decide on a matter in the handling or outcome of which they have a personal interest shall immediately inform their immediate superior or the Ethics Officer thereof. The ECB may take any appropriate measures to avoid a conflict of interest. In particular and if no other measure is appropriate, the ECB may relieve a member of staff from responsibility for the relevant matter.

0.9.   Gainful employment of a spouse or recognised partner

Members of staff shall inform the ECB or the Ethics Officer of any gainful employment of their spouse or recognised partner that might lead to a conflict of interest. Should the nature of the employment prove to lead to a conflict of interest with the responsibilities of the member of staff and if the member of staff is unable to give an undertaking that the conflict of interest will cease within a specified period, then, after consulting the Ethics Officer, the ECB shall decide whether the member of staff shall be relieved of responsibility for the relevant matter.

0.10.   Giving and accepting gifts

| 0.10.1. | A ‘gift’ is any benefit or advantage, whether financial or in kind, which is connected in any way with the member of staff’s employment with the ECB and which is not the agreed compensation for services delivered, whether given by or offered to the member of staff or to any member of their family or to their personal acquaintances or professional associates. |
| --- | --- |

0.10.1.

A ‘gift’ is any benefit or advantage, whether financial or in kind, which is connected in any way with the member of staff’s employment with the ECB and which is not the agreed compensation for services delivered, whether given by or offered to the member of staff or to any member of their family or to their personal acquaintances or professional associates.

| 0.10.2. | Members of staff may neither solicit nor accept any gifts with the following exceptions:






  (a) | private sector entertainment or hospitality with a value of up to EUR 50; |
| --- | --- | --- |

0.10.2.

Members of staff may neither solicit nor accept any gifts with the following exceptions:

(a)

private sector entertainment or hospitality with a value of up to EUR 50;

| (b) | gifts which do not go beyond what is customary and considered appropriate in relations with other central banks, national public bodies and international organisations. |
| --- | --- |

(b)

gifts which do not go beyond what is customary and considered appropriate in relations with other central banks, national public bodies and international organisations.

Members of staff shall endeavour to return to its source any gift received against the applicable rules and inform such source of the ECB rules in this respect. If the return of a gift is not possible, members of staff shall hand it over to the ECB. Members of staff shall report any gift received or refused in the template provided on the Intranet, except gifts in (b) above and gifts of up to EUR 10.

| 0.10.3. | The acceptance of a gift shall not, in any event, impair or influence the objectivity and freedom of action of the member of staff and shall not create an inappropriate obligation or expectation on the part of the recipient or the provider. |
| --- | --- |

0.10.3.

The acceptance of a gift shall not, in any event, impair or influence the objectivity and freedom of action of the member of staff and shall not create an inappropriate obligation or expectation on the part of the recipient or the provider.

| 0.10.4. | Members of staff shall neither solicit nor accept gifts from participants in a procurement procedure. |
| --- | --- |

0.10.4.

Members of staff shall neither solicit nor accept gifts from participants in a procurement procedure.

| 0.10.5. | The acceptance of frequent gifts from the same source is prohibited. |
| --- | --- |

0.10.5.

The acceptance of frequent gifts from the same source is prohibited.

| 0.10.6. | Members of staff shall report any gifts received by family members from sources connected in any way with the member of staff’s employment with the ECB. |
| --- | --- |

0.10.6.

Members of staff shall report any gifts received by family members from sources connected in any way with the member of staff’s employment with the ECB.

0.11.   External activities performed in the course of professional duties

Members of staff shall not accept for themselves any fees from third parties in respect of external activities which are connected in any way with the member of staff’s employment with the ECB. Such fees shall be paid to the ECB.

0.12.   Private activities

| 0.12.1. | Members of staff shall not engage in private activities which might, in any way, impair the performance of their duties towards the ECB and, in particular, might be a source of conflict of interest. |
| --- | --- |

0.12.1.

Members of staff shall not engage in private activities which might, in any way, impair the performance of their duties towards the ECB and, in particular, might be a source of conflict of interest.

| 0.12.2. | Without prejudice to the preceding paragraph, members of staff may engage in unremunerated private activities such as the simple conservative management of family assets and activities in domains such as culture, science, education, sport, charity, religion, social or other benevolent work, which do not have a negative impact on the member of staff’s obligations to the ECB and/or are not a likely source of conflict of interest. |
| --- | --- |

0.12.2.

Without prejudice to the preceding paragraph, members of staff may engage in unremunerated private activities such as the simple conservative management of family assets and activities in domains such as culture, science, education, sport, charity, religion, social or other benevolent work, which do not have a negative impact on the member of staff’s obligations to the ECB and/or are not a likely source of conflict of interest.

| 0.12.3. | Members of staff shall obtain the ECB’s authorisation for any other private activities. These include:






  (a) | research, lecturing, writing articles or books, or any similar unremunerated private activity on topics related to the ECB or its activities; |
| --- | --- | --- |

0.12.3.

Members of staff shall obtain the ECB’s authorisation for any other private activities. These include:

(a)

research, lecturing, writing articles or books, or any similar unremunerated private activity on topics related to the ECB or its activities;

| (b) | any other unremunerated private activity outside the scope of Article 0.12.2; |
| --- | --- |

(b)

any other unremunerated private activity outside the scope of Article 0.12.2;

| (c) | remunerated private activities. |
| --- | --- |

(c)

remunerated private activities.

In deciding whether to grant authorisation to engage in these private activities, the ECB shall have regard for whether the activity has a negative impact on the member of staff’s duties towards the ECB and, in particular, whether it is a likely source of conflict of interest.

| 0.12.4. | Without prejudice to the preceding paragraphs, members of staff may engage in political activities. Members of staff shall refrain from making use of their function and capacity at the ECB when engaging in political activities and shall avoid allowing their personal views to be seen as reflecting the views of the ECB. |
| --- | --- |

0.12.4.

Without prejudice to the preceding paragraphs, members of staff may engage in political activities. Members of staff shall refrain from making use of their function and capacity at the ECB when engaging in political activities and shall avoid allowing their personal views to be seen as reflecting the views of the ECB.

| 0.12.5. | Members of staff who intend to stand for public office shall notify the ECB, which shall decide, having regard to the interest of the service, whether the member of staff concerned:






  (a) | should be required to apply for leave on personal grounds; or |
| --- | --- | --- |

0.12.5.

Members of staff who intend to stand for public office shall notify the ECB, which shall decide, having regard to the interest of the service, whether the member of staff concerned:

(a)

should be required to apply for leave on personal grounds; or

| (b) | should be granted annual leave; or |
| --- | --- |

(b)

should be granted annual leave; or

| (c) | may be authorised to discharge their duties on a part-time basis; or |
| --- | --- |

(c)

may be authorised to discharge their duties on a part-time basis; or

| (d) | may continue to discharge their duties as before. |
| --- | --- |

(d)

may continue to discharge their duties as before.

| 0.12.6. | Members of staff who are elected or appointed to public office shall immediately inform the ECB, which, having regard to the interest of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out the duties of the office, shall take one of the decisions referred to in the preceding paragraph. If the member of staff is required to take leave on personal grounds or is authorised to discharge their duties on a part-time basis, the period of such leave or part-time work shall correspond to the member of staff’s term of office. |
| --- | --- |

0.12.6.

Members of staff who are elected or appointed to public office shall immediately inform the ECB, which, having regard to the interest of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out the duties of the office, shall take one of the decisions referred to in the preceding paragraph. If the member of staff is required to take leave on personal grounds or is authorised to discharge their duties on a part-time basis, the period of such leave or part-time work shall correspond to the member of staff’s term of office.

| 0.12.7. | Private activities shall be carried out outside working hours. On an exceptional basis, the ECB may approve derogations from this rule. |
| --- | --- |

0.12.7.

Private activities shall be carried out outside working hours. On an exceptional basis, the ECB may approve derogations from this rule.

| 0.12.8. | The ECB may, at any time, require the termination of private activities that do not or no longer comply with the provisions of the preceding paragraphs. |
| --- | --- |

0.12.8.

The ECB may, at any time, require the termination of private activities that do not or no longer comply with the provisions of the preceding paragraphs.

0.13.   Procurement

Members of staff shall ensure the proper conduct of procurement procedures by maintaining objectivity, neutrality and fairness, and ensuring the transparency of their actions. In the context of procurement procedures, members of staff shall comply with all general and specific rules related to avoiding and reporting conflicts of interest, the acceptance of gifts and professional secrecy. Members of staff shall only communicate with participants in a procurement procedure through official channels and shall avoid providing information orally.

0.14.   Negotiating prospective employment

Members of staff shall behave with integrity and discretion in any negotiations concerning prospective employment and the acceptance of such employment. Members of staff shall inform their immediate superior of any prospective employment that could cause or could be perceived as causing a conflict of interest or a misuse of their position at the ECB. Members of staff may be required to abstain from dealing with any matter that may relate to a prospective employer.

0.15.   Awards, honours and decorations

Members of staff shall obtain authorisation before accepting awards, honours or decorations in connection with their work for the ECB.

0.16.   Relations with external parties

| 0.16.1. | Members of staff shall be mindful of the ECB’s independence, reputation and the need to maintain professional secrecy in their relations with any external party. In the performance of their duties, members of staff shall neither seek nor take instructions from any government, authority, organisation or person outside the ECB. Members of staff shall inform their management of any inappropriate attempt by a third party to influence the ECB in the performance of its tasks. |
| --- | --- |

0.16.1.

Members of staff shall be mindful of the ECB’s independence, reputation and the need to maintain professional secrecy in their relations with any external party. In the performance of their duties, members of staff shall neither seek nor take instructions from any government, authority, organisation or person outside the ECB. Members of staff shall inform their management of any inappropriate attempt by a third party to influence the ECB in the performance of its tasks.

| 0.16.2. | Members of staff shall comply with the ECB’s rules for public access to information and take due note of the European Code of Good Administrative Behaviour in their relations with the public. |
| --- | --- |

0.16.2.

Members of staff shall comply with the ECB’s rules for public access to information and take due note of the European Code of Good Administrative Behaviour in their relations with the public.

| 0.16.3. | Members of staff shall conduct their relations with their colleagues at NCBs of the European System of Central Banks (ESCB) in a spirit of close mutual cooperation. Such cooperation shall be guided by the principles of non-discrimination, equal treatment and the avoidance of national bias. In any relationship with an NCB, members of staff shall bear in mind their obligations towards the ECB and the impartial role of the ECB within the ESCB. |
| --- | --- |

0.16.3.

Members of staff shall conduct their relations with their colleagues at NCBs of the European System of Central Banks (ESCB) in a spirit of close mutual cooperation. Such cooperation shall be guided by the principles of non-discrimination, equal treatment and the avoidance of national bias. In any relationship with an NCB, members of staff shall bear in mind their obligations towards the ECB and the impartial role of the ECB within the ESCB.

| 0.16.4. | Members of staff shall maintain caution in their relations with interest groups and the media, in particular on issues related to their professional activities, and be mindful of the ECB's interests. Members of staff shall refer all requests for information related to their professional activities by representatives of the media to the Directorate Communications and comply with the relevant provisions in the Business Practice Handbook. |
| --- | --- |

0.16.4.

Members of staff shall maintain caution in their relations with interest groups and the media, in particular on issues related to their professional activities, and be mindful of the ECB's interests. Members of staff shall refer all requests for information related to their professional activities by representatives of the media to the Directorate Communications and comply with the relevant provisions in the Business Practice Handbook.

0.17.   Insider trading

| 0.17.1. | Members of staff shall refrain from using or attempting to use information which pertains to the activities of the ECB, and which has not been made public or is not accessible to the public, to further their own or another’s private interests. Members of staff are specifically prohibited from taking advantage of such information in any financial transaction or in recommending or advising against such transactions. This obligation shall continue to apply after the termination of employment with the ECB. |
| --- | --- |

0.17.1.

Members of staff shall refrain from using or attempting to use information which pertains to the activities of the ECB, and which has not been made public or is not accessible to the public, to further their own or another’s private interests. Members of staff are specifically prohibited from taking advantage of such information in any financial transaction or in recommending or advising against such transactions. This obligation shall continue to apply after the termination of employment with the ECB.

| 0.17.2. | Members of staff may only engage in short-term trading in assets or rights provided that, prior to such transactions, the Ethics Officer is satisfied about the non-speculative nature and the justification for such transactions. |
| --- | --- |

0.17.2.

Members of staff may only engage in short-term trading in assets or rights provided that, prior to such transactions, the Ethics Officer is satisfied about the non-speculative nature and the justification for such transactions.

| 0.17.3. | Members of staff shall keep records for the previous and current calendar years of all of the following:






  (a) | their bank accounts, including shared accounts, custody accounts and accounts with stockbrokers; |
| --- | --- | --- |

0.17.3.

Members of staff shall keep records for the previous and current calendar years of all of the following:

(a)

their bank accounts, including shared accounts, custody accounts and accounts with stockbrokers;

| (b) | any powers of attorney which third parties have conferred on them in connection with their bank accounts, including custody accounts; |
| --- | --- |

(b)

any powers of attorney which third parties have conferred on them in connection with their bank accounts, including custody accounts;

| (c) | any general instructions or guidelines given to third parties to whom responsibility for managing their investment portfolio has been delegated; |
| --- | --- |

(c)

any general instructions or guidelines given to third parties to whom responsibility for managing their investment portfolio has been delegated;

| (d) | any sale or purchase of assets or rights at their own risk and for their own account, or conducted by them at the risk and for the account of others; |
| --- | --- |

(d)

any sale or purchase of assets or rights at their own risk and for their own account, or conducted by them at the risk and for the account of others;

| (e) | statements for the abovementioned accounts; |
| --- | --- |

(e)

statements for the abovementioned accounts;

| (f) | the conclusion or the amendment of mortgages or other loans at their own risk and for their own account, or by them at the risk and for the account of others; |
| --- | --- |

(f)

the conclusion or the amendment of mortgages or other loans at their own risk and for their own account, or by them at the risk and for the account of others;

| (g) | their dealings in relation to retirement plans, including the ECB’s Pension Scheme and Retirement Plan. |
| --- | --- |

(g)

their dealings in relation to retirement plans, including the ECB’s Pension Scheme and Retirement Plan.

In order to monitor compliance with Article 0.17.1 and 0.17.2, at the request of the Directorate General HR, Budget and Organisation members of staff shall provide the documentation referred to above for a period of six consecutive months, as specified in the request.

The obligations of members of staff under this Article shall continue to apply for one year after the termination of their employment with the ECB.

| 0.17.4. | Members of staff who, by virtue of their duties, are deemed to have access to inside information about the ECB’s monetary policy, exchange rate issues, the ESCB’s financial operations, the ESCB’s financial stability analysis, pre-release statistics, activities of the ESRB or any other market sensitive information shall refrain from making financial investment transactions in any of the following:






  — | shares and related derivative instruments related to monetary financial institutions in the Union, including Union branches of third country monetary financial institutions, pension funds and insurance corporations, |
| --- | --- | --- |

0.17.4.

Members of staff who, by virtue of their duties, are deemed to have access to inside information about the ECB’s monetary policy, exchange rate issues, the ESCB’s financial operations, the ESCB’s financial stability analysis, pre-release statistics, activities of the ESRB or any other market sensitive information shall refrain from making financial investment transactions in any of the following:

—

shares and related derivative instruments related to monetary financial institutions in the Union, including Union branches of third country monetary financial institutions, pension funds and insurance corporations,

| — | other collective investment schemes and derivative instruments in respect of which they can exert an influence on the investment policy, |
| --- | --- |

—

other collective investment schemes and derivative instruments in respect of which they can exert an influence on the investment policy,

| — | derivative financial instruments based on indices that they can influence. |
| --- | --- |

—

derivative financial instruments based on indices that they can influence.

Investments existing at a time when a member of staff falls under the scope of this provision may be maintained or changed if the member of staff:

| — | reports to the Ethics Officer on any change in investment vehicles, and |
| --- | --- |

—

reports to the Ethics Officer on any change in investment vehicles, and

| — | provides, at their own initiative and without delay, details of any changes to the information referred to in Article 0.17.3(a) to (c). |
| --- | --- |

—

provides, at their own initiative and without delay, details of any changes to the information referred to in Article 0.17.3(a) to (c).

The obligations of members of staff provided for in this Article shall continue to apply for one year after a member of staff has ceased to belong to the category of staff that is deemed to have access to inside information referred to in paragraph 1.

| 0.17.5. | Members of staff who, by virtue of their duties, are deemed to have access to inside information about the ECB’s monetary policy or exchange rate issues shall refrain from making any financial investment transaction during the period of seven days preceding the first Governing Council meeting of a calendar month. |
| --- | --- |

0.17.5.

Members of staff who, by virtue of their duties, are deemed to have access to inside information about the ECB’s monetary policy or exchange rate issues shall refrain from making any financial investment transaction during the period of seven days preceding the first Governing Council meeting of a calendar month.

---

(1)  OJ L 230, 30.6.2004, p. 56.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.2.2011 | EN | Official Journal of the European Union | C 40/18 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/18

---

Euro exchange rates (1)

8 February 2011

2011/C 40/09

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3635 |
| JPY | Japanese yen | 112,09 |
| DKK | Danish krone | 7,4546 |
| GBP | Pound sterling | 0,84860 |
| SEK | Swedish krona | 8,7715 |
| CHF | Swiss franc | 1,3030 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8590 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,018 |
| HUF | Hungarian forint | 269,23 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7022 |
| PLN | Polish zloty | 3,8856 |
| RON | Romanian leu | 4,2550 |
| TRY | Turkish lira | 2,1509 |
| AUD | Australian dollar | 1,3457 |
| CAD | Canadian dollar | 1,3502 |
| HKD | Hong Kong dollar | 10,6097 |
| NZD | New Zealand dollar | 1,7587 |
| SGD | Singapore dollar | 1,7349 |
| KRW | South Korean won | 1 504,34 |
| ZAR | South African rand | 9,8957 |
| CNY | Chinese yuan renminbi | 8,9786 |
| HRK | Croatian kuna | 7,4148 |
| IDR | Indonesian rupiah | 12 155,40 |
| MYR | Malaysian ringgit | 4,1335 |
| PHP | Philippine peso | 59,052 |
| RUB | Russian rouble | 39,9615 |
| THB | Thai baht | 41,887 |
| BRL | Brazilian real | 2,2850 |
| MXN | Mexican peso | 16,3859 |
| INR | Indian rupee | 61,7630 |

Currency

Exchange rate

USD

US dollar

1,3635

JPY

Japanese yen

112,09

DKK

Danish krone

7,4546

GBP

Pound sterling

0,84860

SEK

Swedish krona

8,7715

CHF

Swiss franc

1,3030

ISK

Iceland króna

NOK

Norwegian krone

7,8590

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,018

HUF

Hungarian forint

269,23

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7022

PLN

Polish zloty

3,8856

RON

Romanian leu

4,2550

TRY

Turkish lira

2,1509

AUD

Australian dollar

1,3457

CAD

Canadian dollar

1,3502

HKD

Hong Kong dollar

10,6097

NZD

New Zealand dollar

1,7587

SGD

Singapore dollar

1,7349

KRW

South Korean won

1 504,34

ZAR

South African rand

9,8957

CNY

Chinese yuan renminbi

8,9786

HRK

Croatian kuna

7,4148

IDR

Indonesian rupiah

12 155,40

MYR

Malaysian ringgit

4,1335

PHP

Philippine peso

59,052

RUB

Russian rouble

39,9615

THB

Thai baht

41,887

BRL

Brazilian real

2,2850

MXN

Mexican peso

16,3859

INR

Indian rupee

61,7630

---

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

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/19 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/19

---

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 12 June 2008 concerning a draft decision relating to Case COMP/39.180 — Aluminium fluoride

Rapporteur: Austria

2011/C 40/10

| 1. | The Advisory Committee agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the European Commission's assessment of the product and the geographic area affected by the cartel. |
| --- | --- |

2.

The Advisory Committee agrees with the European Commission's assessment of the product and the geographic area affected by the cartel.

| 3. | The Advisory Committee agrees with the European Commission's assessment that the cartel constitutes a single and continuous infringement. |
| --- | --- |

3.

The Advisory Committee agrees with the European Commission's assessment that the cartel constitutes a single and continuous infringement.

| 4. | The Advisory Committee agrees with the European Commission's assessment as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned. |
| --- | --- |

4.

The Advisory Committee agrees with the European Commission's assessment as regards the addressees of the draft decision, specifically with reference to imputation of liability to parent companies of the groups concerned.

| 5. | The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision. |
| --- | --- |

5.

The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.

| 6. | The Advisory Committee agrees with the European Commission's assessment of the applications made under the 2002 Leniency Notice. |
| --- | --- |

6.

The Advisory Committee agrees with the European Commission's assessment of the applications made under the 2002 Leniency Notice.

| 7. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

7.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/19 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/19

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 20 June 2008 regarding a draft decision relating to Case COMP/39.180 — Aluminium fluoride (2)

Rapporteur: Austria

2011/C 40/11

| 1. | The Advisory Committee agrees with the Commission on the basic amount of the fines. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission on the basic amount of the fines.

| 2. | The Advisory Committee agrees with the Commission on the proposed decision as regards immunity and the rejection of any reduction of the fines, based on the 2002 Leniency Notice. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission on the proposed decision as regards immunity and the rejection of any reduction of the fines, based on the 2002 Leniency Notice.

| 3. | The Advisory Committee agrees with the Commission on the final amounts of the fines. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission on the final amounts of the fines.

| 4. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

4.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/20 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/20

---

Final report of the Hearing Officer (1) in the Aluminium fluoride case

(Case COMP/39.180)

2011/C 40/12

The draft decision in this case gives rise to the following observations

Background

In March 2005. Boliden Odda A/S submitted an immunity application under the 2002 Leniency Notice. The Commission granted conditional immunity to Boliden on 28 April 2005.

The ensuing investigation of the Commission found that producers of aluminium fluoride, a chemical compound in the form of a white powder that is used in the production of aluminium, had behaved in a concerted way to exchange sensitive information and agree on prices, price increases and market sharing.

The Commission carried out inspections at the premises of Alufluor AB, Derivados del Fluor SA, Fluorsid SpA, and C.E. Guilini & C. Srl and held interviews with a former employee of the leniency applicant. Article 18 requests for information pursuant to Regulation (EC) No 1/2003 also were sent.

On 22 April 2007, immediately before the Statement of Objections (SO) was issued, Fluorsid SpA submitted a leniency application, which was subsequently rejected by the Commission on 13 July 2007.

Statement of Objections

The Statement of Objections was adopted on 24 April 2007 and sent to the following parties: Boliden Odda A/S, Derivados del Fluor, Fluorsid SpA, Industries Chimiques du Fluor, Industrial Química de Mexico, Minerales y Productos Derivados, Minmet Financing Company, Outokumpu and QB Industrias. The parties received the SO and CD-ROM containing the file between 26 and 30 April 2007. Several parties requested short extensions, which were granted by the Hearing Officer at the time, Serge Durande.

Access to file

In the meantime, an issue arose with regard to access to file, which entailed the sending of a new CD-ROM on 18 and 19 June 2007, and which meant that the deadlines were set anew. The final deadlines fell between 1 and 10 August 2007, and all parties replied in due time.

The audio recordings made of the interviews with a former employee of the leniency applicant were summarised in a document and placed in the case file. The Commission relies only on information contained in the signed document, but the parties have a right to access the audio recordings since they were a mechanical reproduction of what was said in the interviews. The signed summary also included an acknowledgement that access to the audio recordings might be provided to the other parties, and since neither the interviewee nor the leniency applicant objected, they were sent to the other parties upon request.

Alleged lack of consultation according to the Euro-Mediterranean Agreement

ICF maintained that the Commission was obliged to observe the Euro-Mediterranean Agreement (Agreement) concluded between the EU and Tunisian governments and to consult the Association Committee about the procedure. However, in this case the Commission is applying Article 81 of the Treaty, and not the Agreement. In any case, the Agreement gives no specific rights to private undertakings in this procedure.

Third parties

No third parties were involved in the procedure.

The oral hearing

The oral hearing was held on 13 September 2007. All of the parties attended the hearing.

The draft decision

The draft decision has not been sent to some addressees of the SO, namely Derivados del Fluor, SA, Minerales y Productos Derivados, SA (parent company of Derivados del Fluor), and Outokumpu Oyj, mainly due to the reduction of the duration of the infringements in the draft decision as compared to the Statement of Objections.

The draft decision submitted to the Commission only contains objections in respect of which the parties have been afforded the opportunity of making known their views.

In the light of the above, I consider that the rights of the parties to be heard have been respected in this case.

Brussels, 24 June 2008.

Michael ALBERS

---

(1)  Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).

1

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/22 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/22

---

Summary of Commission Decision

of 25 June 2008

relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement

(Case COMP/39.180 — Aluminium fluoride)

(notified under document C(2008) 3043 final)

(Only the English, French and Italian texts are authentic)

(Text with EEA relevance)

2011/C 40/13

On 25 June 2008, the Commission adopted a decision relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the decision is available on the Directorate-General for Competition's website at the following address:

http://ec.europa.eu/comm/competition/antitrust/cases/index/

1.   INTRODUCTION

| (1) | The addressees of the Decision are companies involved in the supply of aluminium fluoride who infringed Article 81 of the EC Treaty and Article 53 of the EEA Agreement whereas they agreed on a target price increase for aluminium fluoride and examined various regions world-wide, including Europe, to establish a general price level and, in some cases, a market division. They also exchanged commercially sensitive information. The geographic scope of the infringement was world-wide. The infringement lasted from 12 July 2000 to 31 December 2000. |
| --- | --- |

(1)

The addressees of the Decision are companies involved in the supply of aluminium fluoride who infringed Article 81 of the EC Treaty and Article 53 of the EEA Agreement whereas they agreed on a target price increase for aluminium fluoride and examined various regions world-wide, including Europe, to establish a general price level and, in some cases, a market division. They also exchanged commercially sensitive information. The geographic scope of the infringement was world-wide. The infringement lasted from 12 July 2000 to 31 December 2000.

2.   CASE DESCRIPTION

2.1.   Procedure

| (2) | In March 2005, Boliden informed the Commission of the cartel among producers of aluminium fluoride and applied for immunity pursuant to the 2002 Leniency Notice. In April 2007, Fluorsid filed an application under the Leniency Notice. |
| --- | --- |

(2)

In March 2005, Boliden informed the Commission of the cartel among producers of aluminium fluoride and applied for immunity pursuant to the 2002 Leniency Notice. In April 2007, Fluorsid filed an application under the Leniency Notice.

| (3) | In May 2005, the Commission carried out unannounced inspections at the premises of European producers of aluminium fluoride. In August 2006, the Commission interviewed a former employee of the immunity applicant. Between September 2006 and February 2007, the Commission sent requests for information to the undertakings concerned. On 24 April 2007, the Commission initiated proceedings and adopted a Statement of Objection. An Oral Hearing was held on 13 September 2007. All parties exercised their right to be heard. On 11 and 14 April 2008, further requests for information were sent. |
| --- | --- |

(3)

In May 2005, the Commission carried out unannounced inspections at the premises of European producers of aluminium fluoride. In August 2006, the Commission interviewed a former employee of the immunity applicant. Between September 2006 and February 2007, the Commission sent requests for information to the undertakings concerned. On 24 April 2007, the Commission initiated proceedings and adopted a Statement of Objection. An Oral Hearing was held on 13 September 2007. All parties exercised their right to be heard. On 11 and 14 April 2008, further requests for information were sent.

| (4) | The Advisory Committee on Restrictive Practices and Dominant Positions issued its favourable opinions on 12 June 2008 and 20 June 2008. The Decision was adopted on 25 June 2008. |
| --- | --- |

(4)

The Advisory Committee on Restrictive Practices and Dominant Positions issued its favourable opinions on 12 June 2008 and 20 June 2008. The Decision was adopted on 25 June 2008.

2.2.   Summary of the infringement

| (5) | Aluminium fluoride is the chemical compound with the formula AlF3. Adding aluminium fluoride to the production process of primary aluminium lowers the consumption of electricity required in the smelting process and thereby considerably contributes to the reduction of production costs of aluminium. Energy is a major cost factor in aluminium production. |
| --- | --- |

(5)

Aluminium fluoride is the chemical compound with the formula AlF3. Adding aluminium fluoride to the production process of primary aluminium lowers the consumption of electricity required in the smelting process and thereby considerably contributes to the reduction of production costs of aluminium. Energy is a major cost factor in aluminium production.

| (6) | The aluminium fluoride producers to whom the Decision is addressed, met on 12 July 2000 in Milan. During this meeting, they agreed on a world-wide target price increase of aluminium fluoride and examined various regions world-wide (Europe, South America, North America, Australia and ‘other markets’, e.g. including Turkey) to establish a general price level and in some cases a market division. They also exchanged commercially sensitive information. In the second half of year 2000, the addressees of the Decision engaged in bilateral contacts during which the cartel arrangements were monitored in view of their implementation. |
| --- | --- |

(6)

The aluminium fluoride producers to whom the Decision is addressed, met on 12 July 2000 in Milan. During this meeting, they agreed on a world-wide target price increase of aluminium fluoride and examined various regions world-wide (Europe, South America, North America, Australia and ‘other markets’, e.g. including Turkey) to establish a general price level and in some cases a market division. They also exchanged commercially sensitive information. In the second half of year 2000, the addressees of the Decision engaged in bilateral contacts during which the cartel arrangements were monitored in view of their implementation.

| (7) | The Decision concludes that on 12 July 2000, addressees of the Decision reached an agreement or engaged in a concerted practice in violation of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. The infringement lasted from 12 July 2000 until 31 December 2000. All addressees are liable for the infringement for the entire infringement period. The geographic scope of the infringement is world-wide. |
| --- | --- |

(7)

The Decision concludes that on 12 July 2000, addressees of the Decision reached an agreement or engaged in a concerted practice in violation of Article 81 of the EC Treaty and Article 53 of the EEA Agreement. The infringement lasted from 12 July 2000 until 31 December 2000. All addressees are liable for the infringement for the entire infringement period. The geographic scope of the infringement is world-wide.

2.3.   Addressees

| (8) | The Decision is addressed to Boliden Odda A/S (Norway), Fluorsid SpA (Italy), Minmet Financing Company SA (Switzerland), Société des Industries Chimiques du Fluor (Tunisia), Industrial Quimica de Mexico, SA de C.V. (Mexico) and QB Industrial, S.A.B de C.V. (Mexico). |
| --- | --- |

(8)

The Decision is addressed to Boliden Odda A/S (Norway), Fluorsid SpA (Italy), Minmet Financing Company SA (Switzerland), Société des Industries Chimiques du Fluor (Tunisia), Industrial Quimica de Mexico, SA de C.V. (Mexico) and QB Industrial, S.A.B de C.V. (Mexico).

2.4.   Remedies

2.4.1.   Basic amount of the fine

| (9) | The scope of the cartel was world-wide and the cartel members’ market shares on the world-wide market were not proportionally reflected in their sales of aluminium fluoride within the EEA. The Commission therefore applied point 18 of the 2006 Guidelines on fines so that the starting amounts would reflect the nature of the infringement, its actual impact on the market and the scope of the geographic market covered by the collusive behaviour of the parties and the economic capacity of the members of the cartel to harm competition within the EEA. Each addressee’s relative shares of the addressees’ total sales in the geographic area covered by the cartel (wider than the EEA) were used to determine a value of sales of aluminium fluoride within the EEA for each of the addressees of the Decision. |
| --- | --- |

(9)

The scope of the cartel was world-wide and the cartel members’ market shares on the world-wide market were not proportionally reflected in their sales of aluminium fluoride within the EEA. The Commission therefore applied point 18 of the 2006 Guidelines on fines so that the starting amounts would reflect the nature of the infringement, its actual impact on the market and the scope of the geographic market covered by the collusive behaviour of the parties and the economic capacity of the members of the cartel to harm competition within the EEA. Each addressee’s relative shares of the addressees’ total sales in the geographic area covered by the cartel (wider than the EEA) were used to determine a value of sales of aluminium fluoride within the EEA for each of the addressees of the Decision.

| (10) | The Commission, having considered the circumstances of the case, in particular the nature of the infringement and its geographic scope, set the proportion of the value of sales to be used to establish the basic amount to 17 %. |
| --- | --- |

(10)

The Commission, having considered the circumstances of the case, in particular the nature of the infringement and its geographic scope, set the proportion of the value of sales to be used to establish the basic amount to 17 %.

| (11) | The infringement lasted from 12 July 2000 until 31 December 2000, less than six months. As a result, the multiplying factor applied to the amount determined on the basis of the value of sales was 0,5. This applied to all addressees. |
| --- | --- |

(11)

The infringement lasted from 12 July 2000 until 31 December 2000, less than six months. As a result, the multiplying factor applied to the amount determined on the basis of the value of sales was 0,5. This applied to all addressees.

| (12) | For the purpose of deterring undertakings from entering into horizontal price fixing agreements such as the one that was at issue, the basic amount of the fines to be imposed was increased by an additional amount. Having considered the circumstances of the case and, in particular, the nature of the infringement and its geographic scope, it is concluded that an additional amount of 17 % of the value of sales would be appropriate. |
| --- | --- |

(12)

For the purpose of deterring undertakings from entering into horizontal price fixing agreements such as the one that was at issue, the basic amount of the fines to be imposed was increased by an additional amount. Having considered the circumstances of the case and, in particular, the nature of the infringement and its geographic scope, it is concluded that an additional amount of 17 % of the value of sales would be appropriate.

2.4.2.   Adjustments to the basic amount

2.4.2.1.   Aggravating and mitigating circumstances

| (13) | There are no aggravating circumstances to consider. |
| --- | --- |

(13)

There are no aggravating circumstances to consider.

| (14) | Parties have argued for the application of a series of mitigating circumstances such as a the lack of serious nature of the infringement, the non-implementation, lack of effect and limited duration of the cartel arrangements, the passive role in the cartel and the effective cooperation outside the Leniency Notice. These claims were rejected in the Decision. |
| --- | --- |

(14)

Parties have argued for the application of a series of mitigating circumstances such as a the lack of serious nature of the infringement, the non-implementation, lack of effect and limited duration of the cartel arrangements, the passive role in the cartel and the effective cooperation outside the Leniency Notice. These claims were rejected in the Decision.

2.4.2.2.   Specific increase for deterrence

| (15) | The Commission did not consider it necessary, in order to ensure a sufficient deterrent effect, to apply a multiplying factor to the fines to be imposed. |
| --- | --- |

(15)

The Commission did not consider it necessary, in order to ensure a sufficient deterrent effect, to apply a multiplying factor to the fines to be imposed.

2.4.3.   Application of the 10 % turnover limit

| (16) | The final individual amounts of the fines calculated prior to the application of the Leniency Notice were below 10 % of the worldwide turnover of the addressees of the Decision. |
| --- | --- |

(16)

The final individual amounts of the fines calculated prior to the application of the Leniency Notice were below 10 % of the worldwide turnover of the addressees of the Decision.

2.4.4.   Application of the 2002 Leniency Notice: reduction of fines

| (17) | Boliden was the first to inform the Commission about a worldwide secret cartel for aluminium fluoride. Boliden cooperated fully with the Commission throughout the administrative procedure and fulfilled the other criteria in the 2002 Leniency Notice relevant to immunity. Boliden was therefore granted immunity from any fines that would otherwise have been imposed on it. |
| --- | --- |

(17)

Boliden was the first to inform the Commission about a worldwide secret cartel for aluminium fluoride. Boliden cooperated fully with the Commission throughout the administrative procedure and fulfilled the other criteria in the 2002 Leniency Notice relevant to immunity. Boliden was therefore granted immunity from any fines that would otherwise have been imposed on it.

| (18) | In April 2007, Fluorsid filed an application under the Leniency Notice. The Commission did not consider that the evidence submitted constituted significant added value within the meaning of the 2002 Leniency Notice. Fluorsid's application for a reduction of the fines was rejected. |
| --- | --- |

(18)

In April 2007, Fluorsid filed an application under the Leniency Notice. The Commission did not consider that the evidence submitted constituted significant added value within the meaning of the 2002 Leniency Notice. Fluorsid's application for a reduction of the fines was rejected.

3.   DECISION

| (19) | The Decision concluded that the following undertakings have infringed Article 81 of the Treaty and Article 53 of the EEA Agreement by participating, from 12 July 2000 until 31 December 2000, in an agreement and/or concerted practice in the aluminium fluoride sector:






  (a) | Boliden Odda A/S; |
| --- | --- | --- |

(19)

The Decision concluded that the following undertakings have infringed Article 81 of the Treaty and Article 53 of the EEA Agreement by participating, from 12 July 2000 until 31 December 2000, in an agreement and/or concerted practice in the aluminium fluoride sector:

(a)

Boliden Odda A/S;

| (b) | Fluorsid SpA and Minmet Financing Company SA; |
| --- | --- |

(b)

Fluorsid SpA and Minmet Financing Company SA;

| (c) | Société des Industries Chimiques du Fluor; |
| --- | --- |

(c)

Société des Industries Chimiques du Fluor;

| (d) | Industrial Quimica de Mexico SA de C.V. and Q.B. Industrias S.A.B. de C.V. |
| --- | --- |

(d)

Industrial Quimica de Mexico SA de C.V. and Q.B. Industrias S.A.B. de C.V.

| (20) | The following fines are imposed:






  (a) | Boliden Odda A/S: EUR 0; |
| --- | --- | --- |

(20)

The following fines are imposed:

(a)

Boliden Odda A/S: EUR 0;

| (b) | Fluorsid SpA and Minmet Financing Company SA, jointly and severally: EUR 1 600 000; |
| --- | --- |

(b)

Fluorsid SpA and Minmet Financing Company SA, jointly and severally: EUR 1 600 000;

| (c) | Société des Industries Chimiques du Fluor: EUR 1 700 000; |
| --- | --- |

(c)

Société des Industries Chimiques du Fluor: EUR 1 700 000;

| (d) | Industrial Quimica de Mexico SA de C.V. and Q.B. Industrias S.A.B. de C.V., jointly and severally: EUR 1 670 000. |
| --- | --- |

(d)

Industrial Quimica de Mexico SA de C.V. and Q.B. Industrias S.A.B. de C.V., jointly and severally: EUR 1 670 000.

| (21) | The undertakings listed in recital 19 were ordered to immediately bring to an end the infringements referred to in that recital in so far as they had not already done so and to refrain from repeating any act or conduct described in that recital, and from any act or conduct having the same or similar object or effect. |
| --- | --- |

(21)

The undertakings listed in recital 19 were ordered to immediately bring to an end the infringements referred to in that recital in so far as they had not already done so and to refrain from repeating any act or conduct described in that recital, and from any act or conduct having the same or similar object or effect.

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(1)  OJ L 1, 4.1.2003, p. 1.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 9.2.2011 | EN | Official Journal of the European Union | C 40/24 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/24

---

Prior notification of a concentration

(Case COMP/M.6117 — Assa Abloy/Cardo)

(Text with EEA relevance)

2011/C 40/14

| 1. | On 2 February 2011, 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 Assa Abloy AB (Sweden) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Cardo AB (Sweden) by way of purchase of shares. |
| --- | --- |

1.

On 2 February 2011, 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 Assa Abloy AB (Sweden) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Cardo AB (Sweden) by way of purchase of shares.

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






  — | Assa Abloy AB is a manufacturer and supplier of door opening solutions, i.e. electronic and mechanical security products, locks and associated products such as emergency exit devices and window hardware, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Assa Abloy AB is a manufacturer and supplier of door opening solutions, i.e. electronic and mechanical security products, locks and associated products such as emergency exit devices and window hardware,

| — | Cardo AB is a supplier of industrial doors and logistics systems, waste water treatment systems, process equipment for the pulp and paper industry and garage doors. |
| --- | --- |

—

Cardo AB is a supplier of industrial doors and logistics systems, waste water treatment systems, process equipment for the pulp and paper industry and garage doors.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6117 — Assa Abloy/Cardo, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6117 — Assa Abloy/Cardo, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

---

| 9.2.2011 | EN | Official Journal of the European Union | C 40/25 |
| --- | --- | --- | --- |

9.2.2011

EN

Official Journal of the European Union

C 40/25

---

Prior notification of a concentration

(Case COMP/M.6137 — Citigroup Inc/Maltby Acquisitions Limited)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 40/15

| 1. | On 2 February 2011, 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 Citigroup Inc (‘Citi’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Maltby Acquisitions Limited (‘MAL’, UK), which holds all the share capital of EMI Group Ltd (‘EMI’, UK) by way of purchase of shares. |
| --- | --- |

1.

On 2 February 2011, 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 Citigroup Inc (‘Citi’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Maltby Acquisitions Limited (‘MAL’, UK), which holds all the share capital of EMI Group Ltd (‘EMI’, UK) by way of purchase of shares.

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






  — | for Citi: financial services, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Citi: financial services,

| — | for EMI: music recording, music publishing and online distribution of music. |
| --- | --- |

—

for EMI: music recording, music publishing and online distribution of music.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6137 — Citigroup Inc/Maltby Acquisitions Limited, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6137 — Citigroup Inc/Maltby Acquisitions Limited, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

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