# Official Journal C 287/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.287.eng |
| --- | --- |
| Official Journal
  of the European Union | C 287 |
| | |
| English edition | Information and Notices | Volume 563 October 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.287.eng

Official Journal

of the European Union

C 287

English edition

Information and Notices

Volume 563 October 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 287/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2013/C 287/02 | Non-opposition to a notified concentration (Case COMP/M.7029 — ZTE Services Deutschland/Alcatel-Lucent Network Services) (
  1
  ) | 5 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 287/01

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

1

1

2013/C 287/02

Non-opposition to a notified concentration (Case COMP/M.7029 — ZTE Services Deutschland/Alcatel-Lucent Network Services) (
  1
  )

1

5

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 287/03 | Euro exchange rates | 6 |
| | Court of Auditors |
| 2013/C 287/04 | Special Report No 9/2013 EU support for governance in the Democratic Republic of the Congo | 7 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 287/05 | Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products | 8 |
| 2013/C 287/06 | Information communicated by Member States regarding closure of fisheries | 9 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2013/C 287/07 | Invitation to submit comments pursuant to Article 1(2) in Part I and Article 6(1) in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice on the alleged aid to Scandinavian Airlines through the new revolving credit facility | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 287/03

Euro exchange rates

6

Court of Auditors

2013/C 287/04

Special Report No 9/2013 EU support for governance in the Democratic Republic of the Congo

7

NOTICES FROM MEMBER STATES

2013/C 287/05

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products

8

2013/C 287/06

Information communicated by Member States regarding closure of fisheries

9

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2013/C 287/07

Invitation to submit comments pursuant to Article 1(2) in Part I and Article 6(1) in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice on the alleged aid to Scandinavian Airlines through the new revolving credit facility

10

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2013/C 287/08 | Action brought on 24 June 2013 by Abelia against the EFTA Surveillance Authority (Case E-8/13) | 12 |
| 2013/C 287/09 | Action brought on 28 June 2013 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-9/13) | 13 |
| 2013/C 287/10 | Action brought on 28 June 2013 by the EFTA Surveillance Authority against Iceland (Case E-10/13) | 14 |
| 2013/C 287/11 | Action brought on 28 June 2013 by the EFTA Surveillance Authority against Iceland (Case E-11/13) | 15 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 287/12 | Prior notification of a concentration (Case COMP/M.7059 — Koch Industries/Molex) — Candidate case for simplified procedure (
  1
  ) | 16 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2013/C 287/08

Action brought on 24 June 2013 by Abelia against the EFTA Surveillance Authority (Case E-8/13)

12

2013/C 287/09

Action brought on 28 June 2013 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-9/13)

13

2013/C 287/10

Action brought on 28 June 2013 by the EFTA Surveillance Authority against Iceland (Case E-10/13)

14

2013/C 287/11

Action brought on 28 June 2013 by the EFTA Surveillance Authority against Iceland (Case E-11/13)

15

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 287/12

Prior notification of a concentration (Case COMP/M.7059 — Koch Industries/Molex) — Candidate case for simplified procedure (
  1
  )

1

16

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 3.10.2013 | EN | Official Journal of the European Union | C 287/1 |
| --- | --- | --- | --- |

3.10.2013

EN

Official Journal of the European Union

C 287/1

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2013/C 287/01

| Date of adoption of the decision | 5.6.2013 |
| --- | --- |
| Reference number of State Aid | SA.35448 (13/N) |
| Member State | Hungary |
| Region | — | — |
| Title (and/or name of the beneficiary) | MFB Közösségi Közlekedésfejlesztés Finanszírozási Program |
| Legal basis | | Section 2, points (a) and (b), Section 3, point (2) of Act XX of 2001 on the Hungarian Development Bank Ltd (MFB Zrt.) |

Date of adoption of the decision

5.6.2013

Reference number of State Aid

SA.35448 (13/N)

Member State

Hungary

Region

—

—

Title (and/or name of the beneficiary)

MFB Közösségi Közlekedésfejlesztés Finanszírozási Program

Legal basis

Section 2, points (a) and (b), Section 3, point (2) of Act XX of 2001 on the Hungarian Development Bank Ltd (MFB Zrt.)

| | MFB Public Transport Development Financing Programme |
| --- | --- |

MFB Public Transport Development Financing Programme

| | Section 3, point (4), Sections 47-48, Section 51 of Act C of 2000 on Accounting |
| --- | --- |

Section 3, point (4), Sections 47-48, Section 51 of Act C of 2000 on Accounting

Type of measure

Scheme

—

Objective

Regional development, Sectoral development

Form of aid

Soft loan

Budget

| | Overall budget: HUF 150 000 000 000 |
| --- | --- |

Overall budget: HUF 150 000 000 000

| | Annual budget: HUF 150 000 000 000 |
| --- | --- |

Annual budget: HUF 150 000 000 000

Intensity

50 %

Duration (period)

1.8.2013-31.12.2018

Economic sectors

Passenger rail transport, interurban, Other passenger land transport

Name and address of the granting authority

| MFB Magyar Fejlesztési Bank Zártkörűen Működő Részvénytársaság |
| --- |
| Budapest |
| Nádor u. 31. |
| 1051 |
| MAGYARORSZÁG/HUNGARY |

MFB Magyar Fejlesztési Bank Zártkörűen Működő Részvénytársaság

Budapest

Nádor u. 31.

1051

MAGYARORSZÁG/HUNGARY

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/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 2.7.2013 |
| --- | --- |
| Reference number of State Aid | SA.36548 (13/N) |
| Member State | Slovenia |
| Region | — | Article 107(3)(c) |
| Title (and/or name of the beneficiary) | Rescue aid for Cimos |
| Legal basis | Expert opinion on the financial situation of the company Cimos |
| Type of measure | Ad hoc aid | Cimos d.d. |
| Objective | Rescuing firms in difficulty |
| Form of aid | Guarantee |
| Budget | Overall budget: EUR 35 000 000 |
| Intensity | 100 % |
| Duration (period) | — |
| Economic sectors | Manufacture of parts and accessories for motor vehicles |
| Name and address of the granting authority | Ministry of Finance |
| Župančičeva 3 |
| SI-1001 Ljubljana |
| SLOVENIJA |

Date of adoption of the decision

2.7.2013

Reference number of State Aid

SA.36548 (13/N)

Member State

Slovenia

Region

—

Article 107(3)(c)

Title (and/or name of the beneficiary)

Rescue aid for Cimos

Legal basis

Expert opinion on the financial situation of the company Cimos

Type of measure

Ad hoc aid

Cimos d.d.

Objective

Rescuing firms in difficulty

Form of aid

Guarantee

Budget

Overall budget: EUR 35 000 000

Intensity

100 %

Duration (period)

—

Economic sectors

Manufacture of parts and accessories for motor vehicles

Name and address of the granting authority

Ministry of Finance

Župančičeva 3

SI-1001 Ljubljana

SLOVENIJA

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/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 16.8.2013 |
| --- | --- |
| Reference number of State Aid | SA.36885 (13/N) |
| Member State | Germany |
| Region | Sachsen-Anhalt | Mixed |
| Title (and/or name of the beneficiary) | Gewährung von Zuwendungen für vom Hochwasser 2013 geschädigte gewerbliche Unternehmen und Angehörige Freier Berufe in Sachsen-Anhalt (Erstmaßnahmen) |
| Legal basis | 1. | Landeshaushaltsordnung des Landes Sachsen-Anhalt (LHO) |

Date of adoption of the decision

16.8.2013

Reference number of State Aid

SA.36885 (13/N)

Member State

Germany

Region

Sachsen-Anhalt

Mixed

Title (and/or name of the beneficiary)

Gewährung von Zuwendungen für vom Hochwasser 2013 geschädigte gewerbliche Unternehmen und Angehörige Freier Berufe in Sachsen-Anhalt (Erstmaßnahmen)

Legal basis

1.

Landeshaushaltsordnung des Landes Sachsen-Anhalt (LHO)

| 2. | Verwaltungsvorschriften zur Landeshaushaltsordnung (VV-LHO) |
| --- | --- |

2.

Verwaltungsvorschriften zur Landeshaushaltsordnung (VV-LHO)

| 3. | Richtlinie über die Gewährung von Zuwendungen für vom Hochwasser 2013 geschädigte gewerbliche Unternehmen und Angehörige Freier Berufe (Erstmaßnahmen) |
| --- | --- |

3.

Richtlinie über die Gewährung von Zuwendungen für vom Hochwasser 2013 geschädigte gewerbliche Unternehmen und Angehörige Freier Berufe (Erstmaßnahmen)

Type of measure

Scheme

—

Objective

Compensation of damages caused by natural disaster

Form of aid

Direct grant

Budget

Overall budget: EUR 75 000 000

Intensity

50 %

Duration (period)

Until 31.12.2014

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

| Investitionsbank Sachsen-Anhalt |
| --- |
| Domplatz 12 |
| 39104 Magdeburg |
| DEUTSCHLAND |

Investitionsbank Sachsen-Anhalt

Domplatz 12

39104 Magdeburg

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/competition/elojade/isef/index.cfm

| Date of adoption of the decision | 14.8.2013 |
| --- | --- |
| Reference number of State Aid | SA.37075 (13/N) |
| Member State | France |
| Region | France | — |
| Title (and/or name of the beneficiary) | Aide au sauvetage en faveur du Crédit immobilier de France — Prolongation de la garantie temporaire et augmentation de son plafond maximal |
| Legal basis | Article 108 de la loi de finances pour 2013 no 2012-1509 du 29 décembre 2012 |
| Type of measure | Individual aid | Groupe Crédit immobilier de France |
| Objective | Remedy for a serious disturbance in the economy |
| Form of aid | Guarantee |
| Budget | Overall budget: EUR 19 000 000 000 |
| Intensity | 100 % |
| Duration (period) | From 22.8.2013 |
| Economic sectors | Financial and insurance activities |
| Name and address of the granting authority | Ministère de l'économie et des finances |
| 139 rue de Bercy |
| 75007 Paris |
| FRANCE |

Date of adoption of the decision

14.8.2013

Reference number of State Aid

SA.37075 (13/N)

Member State

France

Region

France

—

Title (and/or name of the beneficiary)

Aide au sauvetage en faveur du Crédit immobilier de France — Prolongation de la garantie temporaire et augmentation de son plafond maximal

Legal basis

Article 108 de la loi de finances pour 2013 no 2012-1509 du 29 décembre 2012

Type of measure

Individual aid

Groupe Crédit immobilier de France

Objective

Remedy for a serious disturbance in the economy

Form of aid

Guarantee

Budget

Overall budget: EUR 19 000 000 000

Intensity

100 %

Duration (period)

From 22.8.2013

Economic sectors

Financial and insurance activities

Name and address of the granting authority

Ministère de l'économie et des finances

139 rue de Bercy

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/competition/elojade/isef/index.cfm

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| 3.10.2013 | EN | Official Journal of the European Union | C 287/5 |
| --- | --- | --- | --- |

3.10.2013

EN

Official Journal of the European Union

C 287/5

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Non-opposition to a notified concentration

(Case COMP/M.7029 — ZTE Services Deutschland/Alcatel-Lucent Network Services)

(Text with EEA relevance)

2013/C 287/02

On 24 September 2013, 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 32013M7029. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7029. EUR-Lex is the online access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 3.10.2013 | EN | Official Journal of the European Union | C 287/6 |
| --- | --- | --- | --- |

3.10.2013

EN

Official Journal of the European Union

C 287/6

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Euro exchange rates (1)

2 October 2013

2013/C 287/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3515 |
| JPY | Japanese yen | 131,76 |
| DKK | Danish krone | 7,4586 |
| GBP | Pound sterling | 0,83410 |
| SEK | Swedish krona | 8,6550 |
| CHF | Swiss franc | 1,2241 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,1320 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,606 |
| HUF | Hungarian forint | 296,70 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7027 |
| PLN | Polish zloty | 4,2190 |
| RON | Romanian leu | 4,4500 |
| TRY | Turkish lira | 2,7275 |
| AUD | Australian dollar | 1,4458 |
| CAD | Canadian dollar | 1,3988 |
| HKD | Hong Kong dollar | 10,4799 |
| NZD | New Zealand dollar | 1,6410 |
| SGD | Singapore dollar | 1,6917 |
| KRW | South Korean won | 1 452,74 |
| ZAR | South African rand | 13,6652 |
| CNY | Chinese yuan renminbi | 8,2728 |
| HRK | Croatian kuna | 7,6200 |
| IDR | Indonesian rupiah | 15 305,17 |
| MYR | Malaysian ringgit | 4,3625 |
| PHP | Philippine peso | 58,699 |
| RUB | Russian rouble | 43,6318 |
| THB | Thai baht | 42,287 |
| BRL | Brazilian real | 2,9927 |
| MXN | Mexican peso | 17,8303 |
| INR | Indian rupee | 84,5920 |

Currency

Exchange rate

USD

US dollar

1,3515

JPY

Japanese yen

131,76

DKK

Danish krone

7,4586

GBP

Pound sterling

0,83410

SEK

Swedish krona

8,6550

CHF

Swiss franc

1,2241

ISK

Iceland króna

NOK

Norwegian krone

8,1320

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,606

HUF

Hungarian forint

296,70

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7027

PLN

Polish zloty

4,2190

RON

Romanian leu

4,4500

TRY

Turkish lira

2,7275

AUD

Australian dollar

1,4458

CAD

Canadian dollar

1,3988

HKD

Hong Kong dollar

10,4799

NZD

New Zealand dollar

1,6410

SGD

Singapore dollar

1,6917

KRW

South Korean won

1 452,74

ZAR

South African rand

13,6652

CNY

Chinese yuan renminbi

8,2728

HRK

Croatian kuna

7,6200

IDR

Indonesian rupiah

15 305,17

MYR

Malaysian ringgit

4,3625

PHP

Philippine peso

58,699

RUB

Russian rouble

43,6318

THB

Thai baht

42,287

BRL

Brazilian real

2,9927

MXN

Mexican peso

17,8303

INR

Indian rupee

84,5920

---

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

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Court of Auditors

| 3.10.2013 | EN | Official Journal of the European Union | C 287/7 |
| --- | --- | --- | --- |

3.10.2013

EN

Official Journal of the European Union

C 287/7

---

Special Report No 9/2013 ‘EU support for governance in the Democratic Republic of the Congo’

2013/C 287/04

The European Court of Auditors hereby informs you that Special Report No 9/2013 ‘EU support for governance in the Democratic Republic of the Congo’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu

A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:

| European Court of Auditors |
| --- |
| Unit ‘Audit: Production of Reports’ |
| 12, rue Alcide de Gasperi |
| 1615 Luxembourg |
| LUXEMBOURG |
| Tel. +352 4398-1 |
| E-mail: eca-info@eca.europa.eu |

European Court of Auditors

Unit ‘Audit: Production of Reports’

12, rue Alcide de Gasperi

1615 Luxembourg

LUXEMBOURG

Tel. +352 4398-1

E-mail: eca-info@eca.europa.eu

or by filling in an electronic order form on EU-Bookshop.

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NOTICES FROM MEMBER STATES

| 3.10.2013 | EN | Official Journal of the European Union | C 287/8 |
| --- | --- | --- | --- |

3.10.2013

EN

Official Journal of the European Union

C 287/8

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Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products

2013/C 287/05

Aid No: SA.35761 (13/XF)

Member State: United Kingdom

Region/Authority granting the aid: Scotland

Title of aid scheme/name of company receiving an ad-hoc aid: Seafood Scotland Scheme

Legal basis: Article 37 of the Aquaculture and Fisheries (Scotland) Act 2007

Annual expenditure planned under the scheme or amount of ad-hoc aid granted: GBP 600 000

Maximum aid intensity: 100 %

Date of entry into force: 5 November 2012 (or when published by the Commission, whichever is the later)

Duration of the scheme or the individual aid award (not later than 30 June 2014):

Objective of aid:

| | Collective actions in the fisheries and aquaculture sector |
| --- | --- |

Collective actions in the fisheries and aquaculture sector

| | Developments of new markets and promotional campaigns in the fisheries and aquaculture sector |
| --- | --- |

Developments of new markets and promotional campaigns in the fisheries and aquaculture sector

| | Investments in fishing ports, landing sites and shelters |
| --- | --- |

Investments in fishing ports, landing sites and shelters

Indicate which of Articles 8 to 24 is used:

| | Article 17 of Commission Regulation (EC) No 736/2008 |
| --- | --- |

Article 17 of Commission Regulation (EC) No 736/2008

| | Article 19 of Commission Regulation (EC) No 736/2008 |
| --- | --- |

Article 19 of Commission Regulation (EC) No 736/2008

| | Article 20 of Commission Regulation (EC) No 736/2008 |
| --- | --- |

Article 20 of Commission Regulation (EC) No 736/2008

Activity concerned:

| A.3 — | Fishing and aquaculture |
| --- | --- |

A.3 —

Fishing and aquaculture

| C.10.2 — | Processing and preserving of fish, crustaceans and molluscs |
| --- | --- |

C.10.2 —

Processing and preserving of fish, crustaceans and molluscs

Name and address of the granting authority:

| Scottish Government |
| --- |
| Rural and Environment Directorate & Marine Scotland |
| Saughton House |
| Broomhouse Drive |
| Edinburgh |
| EH11 3XD |
| UNITED KINGDOM |

Scottish Government

Rural and Environment Directorate & Marine Scotland

Saughton House

Broomhouse Drive

Edinburgh

EH11 3XD

UNITED KINGDOM

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.scotland.gov.uk/Topics/Business-Industry/Food-Industry/granttimetable/SeafoodScotland

Motivation: indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: Although the grant to Seafood Scotland is compatible with the European Fisheries Fund, the competitive nature of the process and the time taken to obtain approval if successful, and the retrospective payment of awards means that the grant is better suited to the exemption regulation.

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| 3.10.2013 | EN | Official Journal of the European Union | C 287/9 |
| --- | --- | --- | --- |

3.10.2013

EN

Official Journal of the European Union

C 287/9

---

Information communicated by Member States regarding closure of fisheries

2013/C 287/06

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 16.9.2013 |
| --- | --- |
| Duration | 16.9.2013-31.12.2013 |
| Member State | The Netherlands |
| Stock or group of stocks | HAD/3A/BCD |
| Species | Haddock (Melanogrammus aeglefinus) |
| Zone | IIIa, EU waters of Subdivisions 22-32 |
| Type(s) of fishing vessels | — |
| Reference number | 50/TQ40 |

Date and time of closure

16.9.2013

Duration

16.9.2013-31.12.2013

Member State

The Netherlands

Stock or group of stocks

HAD/3A/BCD

Species

Haddock (Melanogrammus aeglefinus)

Zone

IIIa, EU waters of Subdivisions 22-32

Type(s) of fishing vessels

—

Reference number

50/TQ40

---

(1)  OJ L 343, 22.12.2009, p. 1.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 3.10.2013 | EN | Official Journal of the European Union | C 287/10 |
| --- | --- | --- | --- |

3.10.2013

EN

Official Journal of the European Union

C 287/10

---

Invitation to submit comments pursuant to Article 1(2) in Part I and Article 6(1) in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice on the alleged aid to Scandinavian Airlines through the new revolving credit facility

2013/C 287/07

By means of Decision No 259/13/COL of 19 June 2013, reproduced in the authentic language on the pages following this summary, the EFTA Surveillance Authority initiated proceedings pursuant to Article 1(2) in Part I and Articles 4(4) and 6(1) in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice. The Norwegian authorities have been informed by means of a copy of the decision.

By means of this notice, the EFTA Surveillance Authority gives the EFTA States, EU Member States and interested parties notice to submit their comments on the measure in question within one month of the date of publication to:

| EFTA Surveillance Authority |
| --- |
| Registry |
| Rue Belliard/Belliardstraat 35 |
| 1040 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

EFTA Surveillance Authority

Registry

Rue Belliard/Belliardstraat 35

1040 Bruxelles/Brussel

BELGIQUE/BELGIË

The comments will be communicated to the Norwegian authorities. The identity of the interested party submitting the comments may be withheld following a request in writing stating the reasons for the request. Having regard, inter alia, to Article 109(2) of the Agreement on the European Economic Area (‘EEA Agreement’), and to the parallel competence of the European Commission and the Authority in the present case, the Authority will also transmit any comments received to the European Commission, unless the interested party providing such comments has raised duly motivated objections to such transmission.

SUMMARY

Procedure

By way of a letter dated 5 February 2013, the EFTA Surveillance Authority (‘the Authority’) received a complaint from the European Low Fares Airline Association (‘ELFAA’) regarding the participation of Norway, Sweden and Denmark in a revolving credit facility (‘new RCF’) in favour of Scandinavian Airlines (‘SAS’).

In a letter dated 18 February 2013, the Authority invited the Norwegian authorities to submit their comments on the complaint and on the allegations of unlawful State aid. The Norwegian authorities replied with a letter dated 25 March 2013. They also provided additional information by way of a letter dated 6 June 2013.

Assessment of the measure

In recent years, SAS has been reliant on external credit facilities with a view to supporting its financial preparedness. In this regard, SAS had a revolving credit facility in place since December 2006 (‘the old RCF’), which was exclusively provided by a number of lender banks. The old RCF was due to expire in June 2013. Following some negotiations, the banks accepted a new RCF in November 2012 that would be set up jointly with the four largest shareholders — Norway, Sweden and Denmark (‘the States’) together with the main private shareholder, the Knut and Alice Wallenberg Foundation (‘KAW’).

Further to the above, 50 % of the new RCF is provided by the States in proportion to their shareholding in SAS and the remaining 50 % is provided by KAW together with the existing lender banks involved in the old RCF (with the exception of one bank). The States and KAW participate in the new RCF on the same terms as the banks.

The Authority has assessed whether the establishment of the new RCF conferred an undue economic advantage on SAS and considers that the pari passu principle may not apply since the participation of the public authorities in the new RCF was not replicated by any private investor. In this respect, the bank lenders have roughly halved their contribution to the new RCF (compared to the old RCF) and the Authority cannot exclude that the private lenders’ participation was influenced by considerations related to their existing credit exposure to SAS under the old RCF, as well as by the States’ participation in the new RCF, rather than by prospects of profitability as such.

The Authority has also examined whether the participation of the States in the new RCF could be considered acceptable to a private investor operating in a market economy. In this respect, the Authority has doubts whether the relevant business plan and accompanying returns analysis, which constitute the basis for the States’ participation, are sufficiently sound to induce a private investor to participate in the new RCF.

Furthermore, insofar as the new RCF constitutes State aid within the meaning of Article 61(1) of the EEA Agreement, the Authority has doubts regarding its compatibility with the exceptions laid down in Article 61(2) and (3) of the EEA Agreement. The conditions for rescue and restructuring aid laid down in the Authority’s Guidelines on State aid for rescuing and restructuring firms in difficulty do not appear to be met.

Conclusion

In light of the above considerations, the Authority cannot conclude at this stage that the participation of the States in the new RCF is provided on market terms. It therefore cannot exclude an undue advantage in favour of SAS potentially amounting to State aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, insofar as the new RCF constitutes State aid within the meaning of Article 61(1) of the EEA Agreement, the Authority has doubts regarding its compatibility with the EEA Agreement.

Therefore, the Authority has decided to open the formal investigation procedure in accordance with Article 1(2) in Part I and Articles 4(4) and 6(1) in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice. Interested parties are invited to submit their comments within one month from publication of this notice in the Official Journal of the European Union.

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 3.10.2013 | EN | Official Journal of the European Union | C 287/12 |
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3.10.2013

EN

Official Journal of the European Union

C 287/12

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Action brought on 24 June 2013 by Abelia against the EFTA Surveillance Authority

(Case E-8/13)

2013/C 287/08

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 24 June 2013 by Abelia, represented by attorney-at-law Ingebjørg Harto and attorney-at-law Nina Lea Gjerde, Confederation of Norwegian Enterprise (NHO), PO Box 5250 Majorstuen, 0303 Oslo, Norway.

The applicant requests the EFTA Court to:

| 1. | declare void Article 1 of EFTA Surveillance Authority Decision No 160/13/COL of 24 April 2013; |
| --- | --- |

1.

declare void Article 1 of EFTA Surveillance Authority Decision No 160/13/COL of 24 April 2013;

| 2. | order the Authority to pay the costs of the present proceedings. |
| --- | --- |

2.

order the Authority to pay the costs of the present proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The applicant is a trade and employers association within the Confederation of Norwegian Enterprise (Næringslivets Hoved-organisasjon) representing 1 250 member companies within IT, telecommunications, research and development, consultancy and education services. |
| --- | --- |

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The applicant is a trade and employers association within the Confederation of Norwegian Enterprise (Næringslivets Hoved-organisasjon) representing 1 250 member companies within IT, telecommunications, research and development, consultancy and education services.

| — | The basis for the application is the EFTA Surveillance Authority’s Decision No 160/13/COL of 24 April 2013 to close the case without opening the formal investigation procedure as to whether the Norwegian provisions on VAT and VAT compensation are to be regarded as State aid within the meaning of Article 61(1) of the EEA Agreement. |
| --- | --- |

—

The basis for the application is the EFTA Surveillance Authority’s Decision No 160/13/COL of 24 April 2013 to close the case without opening the formal investigation procedure as to whether the Norwegian provisions on VAT and VAT compensation are to be regarded as State aid within the meaning of Article 61(1) of the EEA Agreement.

| — | The applicant claims, inter alia, that:






  — | the EFTA Surveillance Authority failed to initiate a formal investigation procedure pursuant to Article 1(2) in Part I of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (SCA), c.f. Article 4(4) in Part II of Protocol 3 SCA, |
| --- | --- | --- |

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The applicant claims, inter alia, that:

—

the EFTA Surveillance Authority failed to initiate a formal investigation procedure pursuant to Article 1(2) in Part I of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (SCA), c.f. Article 4(4) in Part II of Protocol 3 SCA,

| — | the EFTA Surveillance Authority failed to provide reasons as required by Article 16 SCA. |
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—

the EFTA Surveillance Authority failed to provide reasons as required by Article 16 SCA.

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| 3.10.2013 | EN | Official Journal of the European Union | C 287/13 |
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3.10.2013

EN

Official Journal of the European Union

C 287/13

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Action brought on 28 June 2013 by the EFTA Surveillance Authority against the Kingdom of Norway

(Case E-9/13)

2013/C 287/09

An action against the Kingdom of Norway was brought before the EFTA Court on 28 June 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis and Markus Schneider, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | Declare that by failing (i) to adopt, or (ii) to notify the Authority forthwith of, all the measure necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the Agreement. |
| --- | --- |

1.

Declare that by failing (i) to adopt, or (ii) to notify the Authority forthwith of, all the measure necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the Agreement.

| 2. | Order the Kingdom of Norway to bear the costs of these proceedings. |
| --- | --- |

2.

Order the Kingdom of Norway to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The EFTA Surveillance Authority submits that Norway has failed to fulfil its obligations under Article 2 of Directive 2010/48/EU and under Article 7 of the EEA Agreement by failing to adopt, or to notify the Authority of, all the measures necessary to implement the Act within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013). |
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—

The EFTA Surveillance Authority submits that Norway has failed to fulfil its obligations under Article 2 of Directive 2010/48/EU and under Article 7 of the EEA Agreement by failing to adopt, or to notify the Authority of, all the measures necessary to implement the Act within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013).

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| 3.10.2013 | EN | Official Journal of the European Union | C 287/14 |
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3.10.2013

EN

Official Journal of the European Union

C 287/14

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Action brought on 28 June 2013 by the EFTA Surveillance Authority against Iceland

(Case E-10/13)

2013/C 287/10

An action against Iceland was brought before the EFTA Court on 28 June 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis and Maria Moustakali, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | declare that by failing to implement correctly Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Act referred to at point 21b in Annex XVIII to the Agreement on the European Economic Area (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation), as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act; |
| --- | --- |

1.

declare that by failing to implement correctly Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Act referred to at point 21b in Annex XVIII to the Agreement on the European Economic Area (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation), as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act;

| 2. | order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The application addresses the failure by Iceland to comply, no later than 20 August 2012, with reasoned opinion issued by the EFTA Surveillance Authority on 20 June 2012 on the failure to correctly implement Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Act referred to at point 21b in Annex XVIII to the Agreement on the European Economic Area (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation) (‘the Directive’). |
| --- | --- |

—

The application addresses the failure by Iceland to comply, no later than 20 August 2012, with reasoned opinion issued by the EFTA Surveillance Authority on 20 June 2012 on the failure to correctly implement Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Act referred to at point 21b in Annex XVIII to the Agreement on the European Economic Area (Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation) (‘the Directive’).

| — | The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Directive by failing to adopt the measures necessary to implement the Directive within the time prescribed. |
| --- | --- |

—

The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 2(1)(a)-(d) and Article 2(2)(a)-(b) of the Directive by failing to adopt the measures necessary to implement the Directive within the time prescribed.

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| 3.10.2013 | EN | Official Journal of the European Union | C 287/15 |
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3.10.2013

EN

Official Journal of the European Union

C 287/15

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Action brought on 28 June 2013 by the EFTA Surveillance Authority against Iceland

(Case E-11/13)

2013/C 287/11

An action against Iceland was brought before the EFTA Court on 28 June 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis, Clémence Perrin and Maria Moustakali, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | declare that by failing to implement correctly Article 9, paragraphs 1 and 2, and Article 10 of the Act referred to at point 13b in Annex IX to the Agreement on the European Economic Area (Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation), as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement; |
| --- | --- |

1.

declare that by failing to implement correctly Article 9, paragraphs 1 and 2, and Article 10 of the Act referred to at point 13b in Annex IX to the Agreement on the European Economic Area (Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation), as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement;

| 2. | order Iceland to bear the costs of these proceedings. |
| --- | --- |

2.

order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The application addresses the failure by Iceland to comply, no later than 4 September 2012, with reasoned opinion issued by the EFTA Surveillance Authority on 4 July 2012 on the failure to correctly implement Article 9, paragraphs 1 and 2, and Article 10 of the Act referred to at point 13b in Annex IX to the Agreement on the European Economic Area (Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation) (‘the Directive’). |
| --- | --- |

—

The application addresses the failure by Iceland to comply, no later than 4 September 2012, with reasoned opinion issued by the EFTA Surveillance Authority on 4 July 2012 on the failure to correctly implement Article 9, paragraphs 1 and 2, and Article 10 of the Act referred to at point 13b in Annex IX to the Agreement on the European Economic Area (Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation) (‘the Directive’).

| — | The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 9, paragraphs 1 and 2, and Article 10 of the Directive, as well as under Article 7 of the EEA Agreement, by failing to adopt the measures necessary to implement the Directive within the time prescribed. |
| --- | --- |

—

The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 9, paragraphs 1 and 2, and Article 10 of the Directive, as well as under Article 7 of the EEA Agreement, by failing to adopt the measures necessary to implement the Directive within the time prescribed.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 3.10.2013 | EN | Official Journal of the European Union | C 287/16 |
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3.10.2013

EN

Official Journal of the European Union

C 287/16

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Prior notification of a concentration

(Case COMP/M.7059 — Koch Industries/Molex)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 287/12

| 1. | On 25 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Koch Industries, Inc. (‘Koch Industries’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the Molex Incorporated (USA) by way of purchase of shares. |
| --- | --- |

1.

On 25 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Koch Industries, Inc. (‘Koch Industries’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the Molex Incorporated (USA) by way of purchase of shares.

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






  — | for Koch Industries: supply of fuels for transportation, energy to heat and cool buildings, fibres, water filtration and pollution control equipment, fertilizer, consumer products, building materials and related products, |
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2.

The business activities of the undertakings concerned are:

—

for Koch Industries: supply of fuels for transportation, energy to heat and cool buildings, fibres, water filtration and pollution control equipment, fertilizer, consumer products, building materials and related products,

| — | for Molex: design, manufacture and sale of electronic components, including terminals, connectors, cable assemblies, interconnection systems, sockets, antennas, integrated products and switches for use by original equipment manufacturers. |
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—

for Molex: design, manufacture and sale of electronic components, including terminals, connectors, cable assemblies, interconnection systems, sockets, antennas, integrated products and switches for use by original equipment manufacturers.

| 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.7059 — Koch Industries/Molex, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7059 — Koch Industries/Molex, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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

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