# Official Journal C 145/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.145.eng |
| --- | --- |
| Official Journal
  of the European Union | C 145 |
| | |
| English edition | Information and Notices | Volume 5225 June 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.145.eng

Official Journal

of the European Union

C 145

English edition

Information and Notices

Volume 5225 June 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | Council |
| | OPINIONS |
| 2009/C 145/01 | Notice for the attention of those persons, entities and bodies that have been included by the Council on the list of persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

Council

OPINIONS

2009/C 145/01

Notice for the attention of those persons, entities and bodies that have been included by the Council on the list of persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 145/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 2 |
| 2009/C 145/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 4 |
| 2009/C 145/04 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 6 |
| 2009/C 145/05 | Non-opposition to a notified concentration (Case COMP/M.5410 — FORFARMERS/CEFETRA) (
  1
  ) | 8 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 145/02

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

1

2

2009/C 145/03

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

1

4

2009/C 145/04

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

1

6

2009/C 145/05

Non-opposition to a notified concentration (Case COMP/M.5410 — FORFARMERS/CEFETRA) (
  1
  )

1

8

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 145/06 | Euro exchange rates | 9 |
| 2009/C 145/07 | Opinion of the Advisory Committee on Mergers given at its meeting of 5 September 2008 regarding a draft decision relating to Case COMP/M.4980 — ABF/GBI Business — Rapporteur: Romania | 10 |
| 2009/C 145/08 | Final report of the Hearing Officer in Case COMP/M.4980 — ABF/GBI Business | 11 |
| 2009/C 145/09 | Summary of Commission Decision of 23 September 2008 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.4980 — ABF/GBI Business) (notified under document number C(2008) 5273)
   (
  1
  ) | 12 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2009/C 145/10 | The EFTA Surveillance Authority has found that the following measure does not constitute State aid within the meaning of Article 61 of the EEA Agreement | 16 |
| 2009/C 145/11 | Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement | 17 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 145/06

Euro exchange rates

9

2009/C 145/07

Opinion of the Advisory Committee on Mergers given at its meeting of 5 September 2008 regarding a draft decision relating to Case COMP/M.4980 — ABF/GBI Business — Rapporteur: Romania

10

2009/C 145/08

Final report of the Hearing Officer in Case COMP/M.4980 — ABF/GBI Business

11

2009/C 145/09

Summary of Commission Decision of 23 September 2008 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.4980 — ABF/GBI Business) (notified under document number C(2008) 5273)
   (
  1
  )

(notified under document number C(2008) 5273)

1

12

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2009/C 145/10

The EFTA Surveillance Authority has found that the following measure does not constitute State aid within the meaning of Article 61 of the EEA Agreement

16

2009/C 145/11

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement

17

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 145/12 | Commission notice concerning the anti-dumping measures in force in respect of imports into the Community of certain side-by-side refrigerators originating in the Republic of Korea: change of the address of a company subject to an individual anti-dumping duty | 18 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 145/13 | Prior notification of a concentration (Case COMP/M.5530 — GlaxoSmithKline/Stiefel Laboratories) (
  1
  ) | 20 |
| | OTHER ACTS |
| | Commission |
| 2009/C 145/14 | Notice for the attention of Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi concerning his inclusion in the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban | 21 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 145/12

Commission notice concerning the anti-dumping measures in force in respect of imports into the Community of certain side-by-side refrigerators originating in the Republic of Korea: change of the address of a company subject to an individual anti-dumping duty

18

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 145/13

Prior notification of a concentration (Case COMP/M.5530 — GlaxoSmithKline/Stiefel Laboratories) (
  1
  )

1

20

OTHER ACTS

Commission

2009/C 145/14

Notice for the attention of Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi concerning his inclusion in the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

21

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

---

(1)   Text with EEA relevance

1

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

EN

---

I Resolutions, recommendations and opinions

Council

OPINIONS

| 25.6.2009 | EN | Official Journal of the European Union | C 145/1 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/1

---

Notice for the attention of those persons, entities and bodies that have been included by the Council on the list of persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V)

2009/C 145/01

The following information is brought to the attention of the persons, entities and bodies that appear in the Annex to Council Decision 2008/475/EC of 23 June 2008 (1).

By that Decision, the Council of the European Union determined that the persons, entities and bodies that appear on the above-mentioned list fulfil the criteria set out in Article 7(2) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (2), and they were consequently included in Annex V to that Regulation. The Regulation provides for a freezing of all funds, other financial assets and economic resources belonging to the persons, entities or bodies concerned and that no funds, other financial assets and economic resources shall be made available to or for the benefit of such persons, entities or bodies, whether directly or indirectly.

According to Article 15(2) of the Regulation, the list of persons, entities and bodies referred to in Article 7(2) shall be reviewed at regular intervals and at least every 12 months.

For this purpose, the persons, entities or bodies concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered.

Any such requests should be sent, within one month from the date of publication of the present notice, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| Rue de la Loi 175 |
| 1048 Bruxelles/Brussels |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

Rue de la Loi 175

1048 Bruxelles/Brussels

BELGIQUE/BELGIË

---

(1)  OJ L 163, 24.6.2008, p. 29.

(2)  OJ L 103, 20.4.2007, p. 1.

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 25.6.2009 | EN | Official Journal of the European Union | C 145/2 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/2

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2009/C 145/02

| Date of adoption of the decision | 4.5.2009 |
| --- | --- |
| Reference number of State Aid | N 94/09 |
| Member State | Germany |
| Region | — |
| Title (and/or name of the beneficiary) | Änderung des Forschungsprogramms Schifffahrt und Meerestechnik für das 21. Jahrhundert |
| Legal basis | Bundeshaushaltsordnung mit Allgemeinen Verwaltungsvorschriften, Budeshaushaltsgesetz, Verwaltungsverfahrengesetz |
| Type of measure | Aid scheme |
| Objective | Research and development, Innovation, Small and medium-sized enterprises |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 25,771 million; Overall budget: EUR 51,542 million |
| Intensity | 100 % |
| Duration (period) | until 31.12.2010 |
| Economic sectors | Shipbuilding |
| Name and address of the granting authority | Bundesministerium für Wirtschaft |
| Scharnhorststr. 34-37 |
| 10115 Berlin |
| DEUTSCHLAND |

Date of adoption of the decision

4.5.2009

Reference number of State Aid

N 94/09

Member State

Germany

Region

—

Title (and/or name of the beneficiary)

Änderung des Forschungsprogramms Schifffahrt und Meerestechnik für das 21. Jahrhundert

Legal basis

Bundeshaushaltsordnung mit Allgemeinen Verwaltungsvorschriften, Budeshaushaltsgesetz, Verwaltungsverfahrengesetz

Type of measure

Aid scheme

Objective

Research and development, Innovation, Small and medium-sized enterprises

Form of aid

Direct grant

Budget

Annual budget: EUR 25,771 million; Overall budget: EUR 51,542 million

Intensity

100 %

Duration (period)

until 31.12.2010

Economic sectors

Shipbuilding

Name and address of the granting authority

Bundesministerium für Wirtschaft

Scharnhorststr. 34-37

10115 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/index.htm

| Date of adoption of the decision | 15.4.2009 |
| --- | --- |
| Reference number of State Aid | N 193/09 |
| Member State | United Kingdom |
| Region | — |
| Title (and/or name of the beneficiary) | Prolongation of the Financial Support Measures to the Banking Industry in the UK |
| Legal basis | Common Law Powers of UK Government |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Guarantee, Provision of risk capital |
| Budget | Overall budget: GBP 250 000 million |
| Intensity | — |
| Duration (period) | 15.4.2009-13.10.2009 |
| Economic sectors | Financial intermediation |
| Name and address of the granting authority | The Commissioners of Her Majesty's Treasury |
| Other information | — |

Date of adoption of the decision

15.4.2009

Reference number of State Aid

N 193/09

Member State

United Kingdom

Region

—

Title (and/or name of the beneficiary)

Prolongation of the Financial Support Measures to the Banking Industry in the UK

Legal basis

Common Law Powers of UK Government

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Guarantee, Provision of risk capital

Budget

Overall budget: GBP 250 000 million

Intensity

—

Duration (period)

15.4.2009-13.10.2009

Economic sectors

Financial intermediation

Name and address of the granting authority

The Commissioners of Her Majesty's Treasury

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/index.htm

---

| 25.6.2009 | EN | Official Journal of the European Union | C 145/4 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/4

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2009/C 145/03

| Date of adoption of the decision | 1.12.2008 |
| --- | --- |
| Reference number of State Aid | N 308/08 |
| Member State | Spain |
| Region | Murcia |
| Title (and/or name of the beneficiary) | Régimen de ayudas a la reestructuración de PYMES en la región de Murcia |
| Legal basis | Ley 38/2003 de 17 de noviembre 2003, Real Decreto 887/2006 de 21 de Julio 2006, Ley 7/2005 de 18 de noviembre y Ley 9/2006 de 23 de noviembre 2006 |
| Type of measure | Aid scheme |
| Objective | Restructuring of firms in difficulty |
| Form of aid | Guarantee, Direct grant, Interest subsidy |
| Budget | Overall budget: EUR 40 million |
| Intensity | — |
| Duration (period) | Until 31.12.2009 |
| Economic sectors | — |
| Name and address of the granting authority | Instituto de Fomento de la Región de Murcia |
| Avenida de la Fama, 3 |
| 30003 Murcia |
| ESPAÑA |

Date of adoption of the decision

1.12.2008

Reference number of State Aid

N 308/08

Member State

Spain

Region

Murcia

Title (and/or name of the beneficiary)

Régimen de ayudas a la reestructuración de PYMES en la región de Murcia

Legal basis

Ley 38/2003 de 17 de noviembre 2003, Real Decreto 887/2006 de 21 de Julio 2006, Ley 7/2005 de 18 de noviembre y Ley 9/2006 de 23 de noviembre 2006

Type of measure

Aid scheme

Objective

Restructuring of firms in difficulty

Form of aid

Guarantee, Direct grant, Interest subsidy

Budget

Overall budget: EUR 40 million

Intensity

—

Duration (period)

Until 31.12.2009

Economic sectors

—

Name and address of the granting authority

Instituto de Fomento de la Región de Murcia

Avenida de la Fama, 3

30003 Murcia

ESPAÑA

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/index.htm

| Date of adoption of the decision | 19.5.2009 |
| --- | --- |
| Reference number of State Aid | N 623/08 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Extension du régime d'aide N 269/2007 «Fonds de compétitivité des entreprises» (FCE) |
| Legal basis | Décret no 99-1060 du 16 décembre 1999 relatif aux subventions de l'État pour des projets d'investissement |
| Type of measure | Aid scheme |
| Objective | Innovation |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 35-60 million |
| Intensity | 100 % |
| Duration (period) | until 31.12.2013 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Ministère de l'industrie, de l'économie, de l'emploi — DGCIS — Service compétitivité et développement des PME |
| 12 rue Villot |
| 75572 Paris cedex 12 |
| FRANCE |

Date of adoption of the decision

19.5.2009

Reference number of State Aid

N 623/08

Member State

France

Region

—

Title (and/or name of the beneficiary)

Extension du régime d'aide N 269/2007 «Fonds de compétitivité des entreprises» (FCE)

Legal basis

Décret no 99-1060 du 16 décembre 1999 relatif aux subventions de l'État pour des projets d'investissement

Type of measure

Aid scheme

Objective

Innovation

Form of aid

Direct grant

Budget

Annual budget: EUR 35-60 million

Intensity

100 %

Duration (period)

until 31.12.2013

Economic sectors

All sectors

Name and address of the granting authority

Ministère de l'industrie, de l'économie, de l'emploi — DGCIS — Service compétitivité et développement des PME

12 rue Villot

75572 Paris cedex 12

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/index.htm

| Date of adoption of the decision | 24.3.2009 |
| --- | --- |
| Reference number of State Aid | N 135/09 |
| Member State | Germany |
| Region | — |
| Title (and/or name of the beneficiary) | Forschung für die Produktion von morgen |
| Legal basis | jährliches Haushaltsgesetz, Einzelplan 30 für den Geschäftsbereich des Bundesministeriums für Bildung und Forschung, Kapitel 04. Fachtitel Produktionssysteme und -technologien (68324) |
| Type of measure | Aid scheme |
| Objective | Research and development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 260 million |
| Intensity | 50 % |
| Duration (period) | 1.1.2010-31.12.2011 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Bundesministerium für Bildung und Forschung |
| Heinemannstr. 2 |
| 53175 Bonn |
| DEUTSCHLAND |

Date of adoption of the decision

24.3.2009

Reference number of State Aid

N 135/09

Member State

Germany

Region

—

Title (and/or name of the beneficiary)

Forschung für die Produktion von morgen

Legal basis

jährliches Haushaltsgesetz, Einzelplan 30 für den Geschäftsbereich des Bundesministeriums für Bildung und Forschung, Kapitel 04. Fachtitel Produktionssysteme und -technologien (68324)

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Direct grant

Budget

Overall budget: EUR 260 million

Intensity

50 %

Duration (period)

1.1.2010-31.12.2011

Economic sectors

All sectors

Name and address of the granting authority

Bundesministerium für Bildung und Forschung

Heinemannstr. 2

53175 Bonn

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/index.htm

---

| 25.6.2009 | EN | Official Journal of the European Union | C 145/6 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/6

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2009/C 145/04

| Date of adoption of the decision | 29.4.2009 |
| --- | --- |
| Reference number of State Aid | NN 42a/07 and NN 42b/07 |
| Member State | United Kingdom |
| Region | — |
| Title (and/or name of the beneficiary) | Enterprise Investment Scheme (EIS), Corporate Venturing Scheme (CVS) and Venture Capital Trusts Scheme (VCT) |
| Legal basis | Income Tax Act (ITA) 2007, Taxation of Chargeable Gains Act (TCGA) 1992, Finance Act 2000, as amended by Finance Acts of 1998, 2000, 2001, 2002, 2004, 2006, 2007, 2008, 2009 |
| Type of measure | Aid scheme |
| Objective | Risk capital, Small and medium-sized enterprises |
| Form of aid | Tax advantage |
| Budget | Annual budget: GBP 250 million |
| Intensity | — |
| Duration (period) | Until 6.4.2013 (EIS and VCT) and 31.3.2010 (CVS) |
| Economic sectors | — |
| Name and address of the granting authority | HM Revenue & Customs |
| 100 Parliament Street |
| London |
| SW1A 2BQ |
| UNITED KINGDOM |

Date of adoption of the decision

29.4.2009

Reference number of State Aid

NN 42a/07 and NN 42b/07

Member State

United Kingdom

Region

—

Title (and/or name of the beneficiary)

Enterprise Investment Scheme (EIS), Corporate Venturing Scheme (CVS) and Venture Capital Trusts Scheme (VCT)

Legal basis

Income Tax Act (ITA) 2007, Taxation of Chargeable Gains Act (TCGA) 1992, Finance Act 2000, as amended by Finance Acts of 1998, 2000, 2001, 2002, 2004, 2006, 2007, 2008, 2009

Type of measure

Aid scheme

Objective

Risk capital, Small and medium-sized enterprises

Form of aid

Tax advantage

Budget

Annual budget: GBP 250 million

Intensity

—

Duration (period)

Until 6.4.2013 (EIS and VCT) and 31.3.2010 (CVS)

Economic sectors

—

Name and address of the granting authority

HM Revenue & Customs

100 Parliament Street

London

SW1A 2BQ

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/index.htm

| Date of adoption of the decision | 4.5.2009 |
| --- | --- |
| Reference number of State Aid | N 608/08 |
| Member State | Spain |
| Region | Andalusia |
| Title (and/or name of the beneficiary) | Programa de ayudas a PYME viables con dificultades coyunturales en Andalucía |
| Legal basis | Orden de 5 de noviembre de 2008 por la que se establecen las bases reguladoras del programa de ayudas a empresas viales con dificultades coyunturales en Andalucía |
| Type of measure | Aid scheme |
| Objective | Rescue of firms in difficulty, Restructuring of firms in difficulty |
| Form of aid | Direct grant, Soft loan, Guarantee |
| Budget | Annual budget: EUR 12 million for 2008, EUR 115 million for 2009 and EUR 53 million for 2010;
  Overall budget: EUR 180 million |
| Intensity | — |
| Duration (period) | until 31.12.2010 |
| Economic sectors | — |
| Name and address of the granting authority | Consejería de Innovación |
| Ciencia y Empresa |
| Junta de Andalucía |
| Plaza de la Contratación, 3 |
| Sevilla |
| ESPAÑA |

Date of adoption of the decision

4.5.2009

Reference number of State Aid

N 608/08

Member State

Spain

Region

Andalusia

Title (and/or name of the beneficiary)

Programa de ayudas a PYME viables con dificultades coyunturales en Andalucía

Legal basis

Orden de 5 de noviembre de 2008 por la que se establecen las bases reguladoras del programa de ayudas a empresas viales con dificultades coyunturales en Andalucía

Type of measure

Aid scheme

Objective

Rescue of firms in difficulty, Restructuring of firms in difficulty

Form of aid

Direct grant, Soft loan, Guarantee

Budget

Annual budget: EUR 12 million for 2008, EUR 115 million for 2009 and EUR 53 million for 2010;

Overall budget: EUR 180 million

Intensity

—

Duration (period)

until 31.12.2010

Economic sectors

—

Name and address of the granting authority

Consejería de Innovación

Ciencia y Empresa

Junta de Andalucía

Plaza de la Contratación, 3

Sevilla

ESPAÑA

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/index.htm

| Date of adoption of the decision | 27.2.2009 |
| --- | --- |
| Reference number of State Aid | N 72/09 |
| Member State | United Kingdom |
| Region | — |
| Title (and/or name of the beneficiary) | Temporary aid for the production of green products |
| Legal basis | The Industrial Development Act 1982, Regional Development Agencies Act 1998, Science and Technology Act 1965, Energy Act 2004, Environmental Protection Act 1990, Employment and Training Act 1973, Civil Aviation Act 1982, Local Government Act 2000, Government of Wales Act 2006 (Section 60), Welsh Development Agency Act 1975 (Section 1), The Industrial Development (Northern Ireland) Order 1982, The Industrial Development (Northern Ireland) Act 2002, The Energy Efficiency (Northern Ireland) Order 1999 (Article 3), Enterprise and New Towns (Scotland) Act 1990 as amended 1 April 2001 by Scottish Statutory Instrument 2001 No 126, Local Government in Scotland Act 2003 (Section 20) |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | Interest subsidy |
| Budget | Overall budget: GBP 8 000 million |
| Intensity | — |
| Duration (period) | 2009-2010 |
| Economic sectors | All sectors |
| Name and address of the granting authority | Department for Business, Enterprise and Regulatory Reform |
| 1 Victoria Street |
| London |
| SW1H 0ET |
| UNITED KINGDOM |

Date of adoption of the decision

27.2.2009

Reference number of State Aid

N 72/09

Member State

United Kingdom

Region

—

Title (and/or name of the beneficiary)

Temporary aid for the production of green products

Legal basis

The Industrial Development Act 1982, Regional Development Agencies Act 1998, Science and Technology Act 1965, Energy Act 2004, Environmental Protection Act 1990, Employment and Training Act 1973, Civil Aviation Act 1982, Local Government Act 2000, Government of Wales Act 2006 (Section 60), Welsh Development Agency Act 1975 (Section 1), The Industrial Development (Northern Ireland) Order 1982, The Industrial Development (Northern Ireland) Act 2002, The Energy Efficiency (Northern Ireland) Order 1999 (Article 3), Enterprise and New Towns (Scotland) Act 1990 as amended 1 April 2001 by Scottish Statutory Instrument 2001 No 126, Local Government in Scotland Act 2003 (Section 20)

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

Interest subsidy

Budget

Overall budget: GBP 8 000 million

Intensity

—

Duration (period)

2009-2010

Economic sectors

All sectors

Name and address of the granting authority

Department for Business, Enterprise and Regulatory Reform

1 Victoria Street

London

SW1H 0ET

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/index.htm

---

| 25.6.2009 | EN | Official Journal of the European Union | C 145/8 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/8

---

Non-opposition to a notified concentration

(Case COMP/M.5410 — FORFARMERS/CEFETRA)

(Text with EEA relevance)

2009/C 145/05

On 14 May 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in Dutch language 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 32009M5410. 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 32009M5410. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 25.6.2009 | EN | Official Journal of the European Union | C 145/9 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/9

---

Euro exchange rates (1)

24 June 2009

2009/C 145/06

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4029 |
| JPY | Japanese yen | 133,77 |
| DKK | Danish krone | 7,4447 |
| GBP | Pound sterling | 0,84930 |
| SEK | Swedish krona | 11,0260 |
| CHF | Swiss franc | 1,5183 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,0090 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,160 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 277,75 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6970 |
| PLN | Polish zloty | 4,5320 |
| RON | Romanian leu | 4,2268 |
| TRY | Turkish lira | 2,1829 |
| AUD | Australian dollar | 1,7566 |
| CAD | Canadian dollar | 1,6105 |
| HKD | Hong Kong dollar | 10,8725 |
| NZD | New Zealand dollar | 2,1806 |
| SGD | Singapore dollar | 2,0401 |
| KRW | South Korean won | 1 799,18 |
| ZAR | South African rand | 11,2993 |
| CNY | Chinese yuan renminbi | 9,5857 |
| HRK | Croatian kuna | 7,3147 |
| IDR | Indonesian rupiah | 14 564,20 |
| MYR | Malaysian ringgit | 4,9564 |
| PHP | Philippine peso | 67,514 |
| RUB | Russian rouble | 43,8104 |
| THB | Thai baht | 47,888 |
| BRL | Brazilian real | 2,7652 |
| MXN | Mexican peso | 18,6351 |
| INR | Indian rupee | 68,0830 |

Currency

Exchange rate

USD

US dollar

1,4029

JPY

Japanese yen

133,77

DKK

Danish krone

7,4447

GBP

Pound sterling

0,84930

SEK

Swedish krona

11,0260

CHF

Swiss franc

1,5183

ISK

Iceland króna

NOK

Norwegian krone

9,0090

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,160

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

277,75

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6970

PLN

Polish zloty

4,5320

RON

Romanian leu

4,2268

TRY

Turkish lira

2,1829

AUD

Australian dollar

1,7566

CAD

Canadian dollar

1,6105

HKD

Hong Kong dollar

10,8725

NZD

New Zealand dollar

2,1806

SGD

Singapore dollar

2,0401

KRW

South Korean won

1 799,18

ZAR

South African rand

11,2993

CNY

Chinese yuan renminbi

9,5857

HRK

Croatian kuna

7,3147

IDR

Indonesian rupiah

14 564,20

MYR

Malaysian ringgit

4,9564

PHP

Philippine peso

67,514

RUB

Russian rouble

43,8104

THB

Thai baht

47,888

BRL

Brazilian real

2,7652

MXN

Mexican peso

18,6351

INR

Indian rupee

68,0830

---

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

---

| 25.6.2009 | EN | Official Journal of the European Union | C 145/10 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/10

---

Opinion of the Advisory Committee on Mergers given at its meeting of 5 September 2008 regarding a draft decision relating to Case COMP/M.4980 — ABF/GBI Business

Rapporteur: Romania

2009/C 145/07

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 139/2004. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 139/2004.

| 2. | The Advisory Committee agrees with the Commission that the Commission's jurisdiction has been established by means of Article 22 decisions addressed to Spain, France, and Portugal on 13 December 2007. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the Commission's jurisdiction has been established by means of Article 22 decisions addressed to Spain, France, and Portugal on 13 December 2007.

| 3. | The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets are:






  (a) | liquid yeast; |
| --- | --- | --- |

3.

The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets are:

(a)

liquid yeast;

| (b) | compressed yeast; |
| --- | --- |

(b)

compressed yeast;

| (c) | dry yeast. |
| --- | --- |

(c)

dry yeast.

| 4. | The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant geographic markets:






  (a) | are national for compressed yeast in the territories of Spain, Portugal, and France; |
| --- | --- | --- |

4.

The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant geographic markets:

(a)

are national for compressed yeast in the territories of Spain, Portugal, and France;

| (b) | and for liquid yeast and for dry yeast may ultimately be left open. |
| --- | --- |

(b)

and for liquid yeast and for dry yeast may ultimately be left open.

| 5. | The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or a substantial part of it for the following markets:






  (a) | compressed yeast in Spain; |
| --- | --- | --- |

5.

The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or a substantial part of it for the following markets:

(a)

compressed yeast in Spain;

| (b) | compressed yeast in Portugal. |
| --- | --- |

(b)

compressed yeast in Portugal.

| 6. | The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it for the following markets:






  (a) | compressed yeast in France; |
| --- | --- | --- |

6.

The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it for the following markets:

(a)

compressed yeast in France;

| (b) | liquid yeast; |
| --- | --- |

(b)

liquid yeast;

| (c) | dry yeast. |
| --- | --- |

(c)

dry yeast.

| 7. | The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the proposed transaction does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the proposed transaction does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement.

| 8. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

8.

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

---

| 25.6.2009 | EN | Official Journal of the European Union | C 145/11 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/11

---

Final report of the Hearing Officer in Case COMP/M.4980 — ABF/GBI Business (1)

2009/C 145/08

On 22 February 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 22 of Council Regulation (EC) No 139/2004 (‘EC Merger Regulation’) by which the undertaking Associated British Foods plc (‘ABF’, United Kingdom) acquires, within the meaning of Article 3(1)(b) of the EC Merger Regulation, control over a number of subsidiaries and assets of GBI Holding BV, certain assets and stakes of GB Ingredients BV and DSM Bakery Ingredients BV (together ‘the GBI Business’, the Netherlands) by way of purchase of assets and shares.

In order for the Commission to be able to dismiss any possible serious doubts, ABF submitted a remedy proposal on 26 March 2008.

After examination of the notification and market testing of the remedy proposal, the Commission concluded on 16 April 2008 that the notified operation raised serious doubts as to its compatibility with the common market and the Agreement on the European Economic Area (‘EEA Agreement’). The Commission therefore initiated proceedings in accordance with Article 6(1)(c) of the EC Merger Regulation.

Upon request, ABF was given access to the key documents in the file, in accordance with the Best Practices rules for merger cases, in the form of a selection of non-confidential versions of third parties' replies to the phase-one requests for information; these were provided to the notifying party on 23 April and 30 April 2008.

On 10 July 2008, the Commission sent an Article 11(3) decision to ABF and subsequently suspended the time limits effective 26 June 2008. This suspension ended on 16 July 2008.

On 10 July 2008, ABF offered a draft alternative remedy with a view to rendering the concentration compatible with the common market and committed to pursue both alternatives in parallel. A new draft and a final version of the commitments were submitted on 15 July and 23 July 2008, respectively.

The Commission has concluded that the commitments, as submitted on 23 July 2008 would remove the significant impediment to effective competition in the compressed yeast markets in Portugal and Spain. Accordingly, no statement of objections was sent to the notifying party and the concentration is to be declared compatible with the common market and the EEA Agreement pursuant to Article 2(2) of the Merger Regulation, subject to compliance with the commitments in the annex to the decision.

No queries or submissions have been made to me by the parties or any third party. The case does not call for any particular comments as regards the right to be heard.

Brussels, 15 September 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

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| 25.6.2009 | EN | Official Journal of the European Union | C 145/12 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/12

---

SUMMARY OF COMMISSION DECISION

of 23 September 2008

declaring a concentration compatible with the common market and the functioning of the EEA Agreement

(Case COMP/M.4980 — ABF/GBI Business)

(notified under document number C(2008) 5273)

(Only the English version is authentic)

(Text with EEA relevance)

2009/C 145/09

On 23 September 2008 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, and in particular Article 8(2) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address:

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

This summary only constitutes a simplified outline of some main aspects of the decision; it has no legal force and serves for information purposes only.

I.   THE PARTIES

| 1. | ABF is an international food, ingredients and retail group with activities in Europe, North America, Australia and New Zealand. ABF's activities include the production and sale of yeast and are managed through the AB Mauri division, which has production plants worldwide including five plants in the EU (UK, Ireland, Germany, Spain and Portugal). ABF also owns two bakery ingredients plants in the UK (Cereform). |
| --- | --- |

1.

ABF is an international food, ingredients and retail group with activities in Europe, North America, Australia and New Zealand. ABF's activities include the production and sale of yeast and are managed through the AB Mauri division, which has production plants worldwide including five plants in the EU (UK, Ireland, Germany, Spain and Portugal). ABF also owns two bakery ingredients plants in the UK (Cereform).

| 2. | GBI Business′ core activity is the production and sale of different types of yeast, including fresh yeast (in liquid and compressed forms) and dry yeast for artisan, industrial and home bakers. (1) The GBI Business does not have any production plants in Spain, Portugal or France, and the total amount of yeast it commercializes in that region comes from GBI Business′ Italian plant (Casteggio) or from a plant in Germany operated by the JV Uniferm GmbH & Co KG (‘Uniferm’), in which it holds a 50 % stake. The GBI Business is being sold by the Dutch private equity house Gilde Buy-Out Partners (‘Gilde’) who ultimately controls it. |
| --- | --- |

2.

GBI Business′ core activity is the production and sale of different types of yeast, including fresh yeast (in liquid and compressed forms) and dry yeast for artisan, industrial and home bakers. (1) The GBI Business does not have any production plants in Spain, Portugal or France, and the total amount of yeast it commercializes in that region comes from GBI Business′ Italian plant (Casteggio) or from a plant in Germany operated by the JV Uniferm GmbH & Co KG (‘Uniferm’), in which it holds a 50 % stake. The GBI Business is being sold by the Dutch private equity house Gilde Buy-Out Partners (‘Gilde’) who ultimately controls it.

II.   THE CONCENTRATION

| 3. | According to the share purchase agreement signed by ABF and Gilde on 2 October 2007, the notified operation consists of the proposed acquisition by ABF of GBI Holding's yeast operations in Belgium, The Netherlands, France, Spain, Portugal, Germany and Italy, as well as a 50 % share in Uniferm and 10 % of the capital of Somadir SA (Morocco). ABF will also acquire some assets from GBI Ingredients and from DSM Bakery, including employees, customer contracts and intellectual property rights in the Netherlands, as well as part of GBI Holding's export business operated by the Bakery Export Group. As a result of the agreement, ABF will acquire sole control over the GBI Business (2) and it therefore constitutes a concentration within the meaning of Article 3 ECMR. |
| --- | --- |

3.

According to the share purchase agreement signed by ABF and Gilde on 2 October 2007, the notified operation consists of the proposed acquisition by ABF of GBI Holding's yeast operations in Belgium, The Netherlands, France, Spain, Portugal, Germany and Italy, as well as a 50 % share in Uniferm and 10 % of the capital of Somadir SA (Morocco). ABF will also acquire some assets from GBI Ingredients and from DSM Bakery, including employees, customer contracts and intellectual property rights in the Netherlands, as well as part of GBI Holding's export business operated by the Bakery Export Group. As a result of the agreement, ABF will acquire sole control over the GBI Business (2) and it therefore constitutes a concentration within the meaning of Article 3 ECMR.

III.   COMMISSION'S JURISDICTION

| 4. | The concentration does not have a Community dimension within the meaning of Article 1 of the ECMR, according to the information provided by the competent authorities and ABF. However, on 13 December 2007 the Commission decided, pursuant to Article 22(3) of the ECMR, to examine the concentration following the requests of the competition authorities of Spain, France and Portugal. The competent authorities of the Member States and the undertakings concerned were subsequently informed of these decisions. The Commission's jurisdiction therefore has been established by means of these Article 22 decisions. |
| --- | --- |

4.

The concentration does not have a Community dimension within the meaning of Article 1 of the ECMR, according to the information provided by the competent authorities and ABF. However, on 13 December 2007 the Commission decided, pursuant to Article 22(3) of the ECMR, to examine the concentration following the requests of the competition authorities of Spain, France and Portugal. The competent authorities of the Member States and the undertakings concerned were subsequently informed of these decisions. The Commission's jurisdiction therefore has been established by means of these Article 22 decisions.

IV.   THE RELEVANT PRODUCT MARKETS

| 5. | Yeast, an essential ingredient in the production of bread and other bakery products, is produced in the form of three basic products: |
| --- | --- |

5.

Yeast, an essential ingredient in the production of bread and other bakery products, is produced in the form of three basic products:

| 6. | Liquid yeast
  is a form of fresh yeast and is essentially the raw product from the manufacturing process. It generally has yeast solids of approximately 20-25 %. It has a shelf life of around three weeks if refrigerated. |
| --- | --- |

6.

Liquid yeast
  is a form of fresh yeast and is essentially the raw product from the manufacturing process. It generally has yeast solids of approximately 20-25 %. It has a shelf life of around three weeks if refrigerated.

| 7. | Compressed yeast
  usually has a dry matter content of approximately 30 %-35 %. It is produced by filtering the liquid yeast and extruded into blocks, wrapped in wax paper and refrigerated until distribution. These blocks are distributed in cartons by refrigerated trucks. Customers need a cool room in which the compressed yeast is stored. Compressed yeast has a shelf life of maximum 45 days. |
| --- | --- |

7.

Compressed yeast
  usually has a dry matter content of approximately 30 %-35 %. It is produced by filtering the liquid yeast and extruded into blocks, wrapped in wax paper and refrigerated until distribution. These blocks are distributed in cartons by refrigerated trucks. Customers need a cool room in which the compressed yeast is stored. Compressed yeast has a shelf life of maximum 45 days.

| 8. | Dry yeast
  is characterised by a dry matter percentage above 95 %. It is produced by drying the compressed yeast and has a shelf life of approximately two years. Producers in less developed countries are more likely to use dry yeast given the need of refrigerated transport and storage as well as less developed distribution system required for fresh yeast, and, correspondingly, only relatively little dry yeast is sold within the EU. |
| --- | --- |

8.

Dry yeast
  is characterised by a dry matter percentage above 95 %. It is produced by drying the compressed yeast and has a shelf life of approximately two years. Producers in less developed countries are more likely to use dry yeast given the need of refrigerated transport and storage as well as less developed distribution system required for fresh yeast, and, correspondingly, only relatively little dry yeast is sold within the EU.

Demand side substitutability

| 9. | From a demand side perspective, dry yeast on the one hand and liquid and compressed yeast (together referred to as fresh yeast) on the other hand are not substitutable. European bakers do typically not use dry yeast but rely on fresh yeast. Within fresh yeast, liquid yeast and compressed yeast are not substitutable either, because the use of liquid yeast (normally distributed in bulk tanks) is only an alternative for industrial bakers who can make the necessary investments in the equipment necessary to receive liquid yeast. Once this strategic choice has been made a switch back to compressed yeast is highly unlikely. |
| --- | --- |

9.

From a demand side perspective, dry yeast on the one hand and liquid and compressed yeast (together referred to as fresh yeast) on the other hand are not substitutable. European bakers do typically not use dry yeast but rely on fresh yeast. Within fresh yeast, liquid yeast and compressed yeast are not substitutable either, because the use of liquid yeast (normally distributed in bulk tanks) is only an alternative for industrial bakers who can make the necessary investments in the equipment necessary to receive liquid yeast. Once this strategic choice has been made a switch back to compressed yeast is highly unlikely.

Supply side substitutability

| 10. | Whilst it is true that there is degree of supply-side substitutability as the production process of the yeast forms is interlinked, switching production processes also has certain constraints. In the market investigation it was confirmed that a switch from the production of fresh yeast to the production of dry yeast will entail significant additional costs for the drying equipment. A change from liquid yeast to compressed yeast would require special filtration machines, packaging equipment, and cold storage facilities. Another important consideration suppliers must be aware of is the different shipping radius for compressed and liquid yeast. Even if switching at the production level is possible, producers supplying compressed yeast into a region from a further distance would find it difficult if not impossible to supply liquid yeast into the region. |
| --- | --- |

10.

Whilst it is true that there is degree of supply-side substitutability as the production process of the yeast forms is interlinked, switching production processes also has certain constraints. In the market investigation it was confirmed that a switch from the production of fresh yeast to the production of dry yeast will entail significant additional costs for the drying equipment. A change from liquid yeast to compressed yeast would require special filtration machines, packaging equipment, and cold storage facilities. Another important consideration suppliers must be aware of is the different shipping radius for compressed and liquid yeast. Even if switching at the production level is possible, producers supplying compressed yeast into a region from a further distance would find it difficult if not impossible to supply liquid yeast into the region.

V.   THE RELEVANT GEOGRAPHIC MARKETS

Compressed yeast

| 11. | In the market investigation it was confirmed that the markets for the production and supply of compressed yeast are national in scope. Market shares and positions of suppliers vary considerably in France, Portugal and Spain. Moreover, there are significant differences between the structure of demand and distribution systems (the latter is particularly evident between France on the one hand and Portugal and Spain on the other hand). It is necessary for the suppliers of compressed yeast to have a local sales force and a local distribution network. Brands vary from country to country. Finally, an in-depth analysis of price levels and price movements has shown significant differences between the three countries. The fact that compressed yeast can be transported over distances which cross national borders does not contradict these findings. |
| --- | --- |

11.

In the market investigation it was confirmed that the markets for the production and supply of compressed yeast are national in scope. Market shares and positions of suppliers vary considerably in France, Portugal and Spain. Moreover, there are significant differences between the structure of demand and distribution systems (the latter is particularly evident between France on the one hand and Portugal and Spain on the other hand). It is necessary for the suppliers of compressed yeast to have a local sales force and a local distribution network. Brands vary from country to country. Finally, an in-depth analysis of price levels and price movements has shown significant differences between the three countries. The fact that compressed yeast can be transported over distances which cross national borders does not contradict these findings.

Liquid and dry yeast

| 12. | Due to the limited shipping distances, the market for liquid yeast seems to be national in scope, whereas the market for dry yeast seems to be at least EEA-wide. However, for the purpose of the decision it is not necessary to draw a final conclusion. |
| --- | --- |

12.

Due to the limited shipping distances, the market for liquid yeast seems to be national in scope, whereas the market for dry yeast seems to be at least EEA-wide. However, for the purpose of the decision it is not necessary to draw a final conclusion.

VI.   COMPETITIVE ASSESSMENT

| 13. | The notifying party ABF is a worldwide baker's yeast producer. It namely has plants in Spain (Córdoba) and Portugal (Setúbal). It has been present in the Spanish and Portuguese markets for several decades, whilst it entered the French market relatively more recently. The target GBI currently operates plants in Italy (Casteggio) and Germany through a joint venture Uniferm. It has been present in Portugal for more than 80 years and entered the Spanish market in 1992. The third main player in the yeast markets is Lesaffre, which is also active on a world-wide scale. It has one plant in Spain (Valladolid) and others in France, Belgium and Italy. |
| --- | --- |

13.

The notifying party ABF is a worldwide baker's yeast producer. It namely has plants in Spain (Córdoba) and Portugal (Setúbal). It has been present in the Spanish and Portuguese markets for several decades, whilst it entered the French market relatively more recently. The target GBI currently operates plants in Italy (Casteggio) and Germany through a joint venture Uniferm. It has been present in Portugal for more than 80 years and entered the Spanish market in 1992. The third main player in the yeast markets is Lesaffre, which is also active on a world-wide scale. It has one plant in Spain (Valladolid) and others in France, Belgium and Italy.

| 14. | Fringe players in this region are Lallemand, which supplies only small quantities of compressed yeast into South Western Europe, Puratos, a Belgian company, Zeus, based in Italy with small supplies of compressed yeast to France and Spain, and Gebrüder Asmussen in Northern Germany with small supplies of compressed yeast to Spain. There are no other yeast producers which can be considered to be potential entrants on the markets for compressed yeast in Spain and Portugal. |
| --- | --- |

14.

Fringe players in this region are Lallemand, which supplies only small quantities of compressed yeast into South Western Europe, Puratos, a Belgian company, Zeus, based in Italy with small supplies of compressed yeast to France and Spain, and Gebrüder Asmussen in Northern Germany with small supplies of compressed yeast to Spain. There are no other yeast producers which can be considered to be potential entrants on the markets for compressed yeast in Spain and Portugal.

| 15. | The target GBI which held a strong world-wide position on the yeast markets was acquired by the Dutch private equity firm Gilde in 2005. Gilde intended to sell GBI at the earliest opportunity and its internal documents suggest it avoided fierce price competition in Europe. |
| --- | --- |

15.

The target GBI which held a strong world-wide position on the yeast markets was acquired by the Dutch private equity firm Gilde in 2005. Gilde intended to sell GBI at the earliest opportunity and its internal documents suggest it avoided fierce price competition in Europe.

General structure of the compressed yeast markets

| 16. | The French, the Portuguese, and the Spanish markets for compressed yeast share certain common characteristics. The markets are relatively mature and demand is expected to be rather stable in the coming years. As to the supply side, the market structure is characterized by an increasing degree of concentration. In France, the merged entity would hold about [30-40] % with a market share for Lesaffre of [60-70] %; in Portugal the merged entity would hold a market share of more than [70-80] % (Lesaffre: [20-30] %), and in Spain the merged entity would hold a market share of [40-50] % (Lesaffre: [40-50] %). Distributors play an important role in all the affected markets. However, there is a striking difference of the French markets compared to the Portuguese and Spanish markets: In France, most of the distributors are organized in one of the three large purchasing groups which cover a vest majority of the market whereas in Portugal and Spain such large purchasing groups do not exist. It further should be noted that National Competition Authorities have adopted cartel decision relating to the fresh yeast markets in the past, in particular the French authority found in 1989 that Lesaffre and Gist-Brocades (former GBI) had engaged in a cartel. |
| --- | --- |

16.

The French, the Portuguese, and the Spanish markets for compressed yeast share certain common characteristics. The markets are relatively mature and demand is expected to be rather stable in the coming years. As to the supply side, the market structure is characterized by an increasing degree of concentration. In France, the merged entity would hold about [30-40] % with a market share for Lesaffre of [60-70] %; in Portugal the merged entity would hold a market share of more than [70-80] % (Lesaffre: [20-30] %), and in Spain the merged entity would hold a market share of [40-50] % (Lesaffre: [40-50] %). Distributors play an important role in all the affected markets. However, there is a striking difference of the French markets compared to the Portuguese and Spanish markets: In France, most of the distributors are organized in one of the three large purchasing groups which cover a vest majority of the market whereas in Portugal and Spain such large purchasing groups do not exist. It further should be noted that National Competition Authorities have adopted cartel decision relating to the fresh yeast markets in the past, in particular the French authority found in 1989 that Lesaffre and Gist-Brocades (former GBI) had engaged in a cartel.

Coordinated effects on the Spanish and Portuguese compressed yeast markets

| 17. | The Portuguese and the Spanish market for compressed yeast share some structural conditions which facilitate tacit coordination. In all three affected markets the number of players is relatively small and players frequently interact as they supply on a regular basis to direct customers and distributors. The elasticity of demand for compressed yeast is rather low, meaning that coordination is profitable whereas barriers to entry are high and the creation of new production facilities is highly unlikely. From an in-depth analysis of the capacities available, it follows that at least for the Portuguese and Spanish markets the competitors′ spare capacities are so limited that they would not exercise a competitive constraint on the main players after the merger. Other factors like the high degree of product homogeneity, market transparency at least in Portugal and Spain and the fact that the market is not innovation-driven also facilitate tacit coordination. |
| --- | --- |

17.

The Portuguese and the Spanish market for compressed yeast share some structural conditions which facilitate tacit coordination. In all three affected markets the number of players is relatively small and players frequently interact as they supply on a regular basis to direct customers and distributors. The elasticity of demand for compressed yeast is rather low, meaning that coordination is profitable whereas barriers to entry are high and the creation of new production facilities is highly unlikely. From an in-depth analysis of the capacities available, it follows that at least for the Portuguese and Spanish markets the competitors′ spare capacities are so limited that they would not exercise a competitive constraint on the main players after the merger. Other factors like the high degree of product homogeneity, market transparency at least in Portugal and Spain and the fact that the market is not innovation-driven also facilitate tacit coordination.

| 18. | Both in the Spanish and the Portuguese market, the market investigation has revealed that prices act as the relevant economic variable for the market participants to focus their coordinated behaviour on. Exclusive supply arrangements with the distributors help to sustain a high price level and to align price developments. The distribution network makes it also easy to monitor deviations from the terms of coordination. The threat to return to competitive pricing is a sufficient deterrent mechanism. The need to have a local distribution system with local sales persons and recognised brands as well as the need to have reputation for supply security leads to high barriers to entry and/or expansion. The buying power of distributors and artisan bakers is relatively low and does not countervail the market position of the suppliers of compressed yeast in Spain and Portugal after the transaction. |
| --- | --- |

18.

Both in the Spanish and the Portuguese market, the market investigation has revealed that prices act as the relevant economic variable for the market participants to focus their coordinated behaviour on. Exclusive supply arrangements with the distributors help to sustain a high price level and to align price developments. The distribution network makes it also easy to monitor deviations from the terms of coordination. The threat to return to competitive pricing is a sufficient deterrent mechanism. The need to have a local distribution system with local sales persons and recognised brands as well as the need to have reputation for supply security leads to high barriers to entry and/or expansion. The buying power of distributors and artisan bakers is relatively low and does not countervail the market position of the suppliers of compressed yeast in Spain and Portugal after the transaction.

| 19. | The merger would be highly likely to significantly increase the degree of tacit coordination both in Spain and Portugal. First of all, it would further reduce number of players and increase market transparency and facilitate the ability to detect deviant conduct and to retaliate effectively. Furthermore, with GBI, a player is eliminated which is in some way different from ABF and Lesaffre, because it has a large scale production plant outside the Iberian Peninsula and it has no direct industrial clients. Finally, the transaction would also increase the number of contacts between ABF and Lesaffre on markets besides the markets for compressed yeast. |
| --- | --- |

19.

The merger would be highly likely to significantly increase the degree of tacit coordination both in Spain and Portugal. First of all, it would further reduce number of players and increase market transparency and facilitate the ability to detect deviant conduct and to retaliate effectively. Furthermore, with GBI, a player is eliminated which is in some way different from ABF and Lesaffre, because it has a large scale production plant outside the Iberian Peninsula and it has no direct industrial clients. Finally, the transaction would also increase the number of contacts between ABF and Lesaffre on markets besides the markets for compressed yeast.

| 20. | The decision therefore concludes that the proposed transaction raises serious doubts in the compressed yeast markets in Spain and Portugal. |
| --- | --- |

20.

The decision therefore concludes that the proposed transaction raises serious doubts in the compressed yeast markets in Spain and Portugal.

The effects of the transaction in the French market for compressed yeast

| 21. | Although the French market for compressed yeast shares some characteristics with the Spanish and the Portuguese markets, it nevertheless shows clear differences. The market leader is by far Lesaffre, followed by ABF and GBI. Industrial bakers and large distribution groups play a major role in the French market and enjoy a greater degree of buying power. The large distribution groups have also facilitated the entry of new brands in the low price segment. The more complex distribution system in France decreases transparency in comparison with Spain and Portugal and makes a retaliation system more difficult. The transaction would not change the balance of powers in France. After the merger, Lesaffre would continue to be the market leader and be able to compete on the full range of brands. For those reasons, the decision concludes that the proposed transaction does not raise competition concerns in the French compressed yeast market. |
| --- | --- |

21.

Although the French market for compressed yeast shares some characteristics with the Spanish and the Portuguese markets, it nevertheless shows clear differences. The market leader is by far Lesaffre, followed by ABF and GBI. Industrial bakers and large distribution groups play a major role in the French market and enjoy a greater degree of buying power. The large distribution groups have also facilitated the entry of new brands in the low price segment. The more complex distribution system in France decreases transparency in comparison with Spain and Portugal and makes a retaliation system more difficult. The transaction would not change the balance of powers in France. After the merger, Lesaffre would continue to be the market leader and be able to compete on the full range of brands. For those reasons, the decision concludes that the proposed transaction does not raise competition concerns in the French compressed yeast market.

Liquid and dry yeast markets

| 22. | In Portugal, ABF is the market leader on the market for liquid yeast. GBI's role is only marginal, given that it has only succeeded in supplying 1.5 l Tetrapaks with liquid yeast. It can be excluded that the transaction will further strengthen GBI's position on the market for liquid yeast in Portugal. In Spain and France, the parties′ activities in the production and supply of liquid yeast overlap only marginally. Concerning the dry yeast market, which is at least EEA wide, neither non-coordinated nor coordinated effects can be expected as a result of the transaction, due to the presence of a sufficient number of alternative suppliers. The decision therefore concludes that the proposed transaction does not raise competition concerns in the markets for liquid and dry yeast. |
| --- | --- |

22.

In Portugal, ABF is the market leader on the market for liquid yeast. GBI's role is only marginal, given that it has only succeeded in supplying 1.5 l Tetrapaks with liquid yeast. It can be excluded that the transaction will further strengthen GBI's position on the market for liquid yeast in Portugal. In Spain and France, the parties′ activities in the production and supply of liquid yeast overlap only marginally. Concerning the dry yeast market, which is at least EEA wide, neither non-coordinated nor coordinated effects can be expected as a result of the transaction, due to the presence of a sufficient number of alternative suppliers. The decision therefore concludes that the proposed transaction does not raise competition concerns in the markets for liquid and dry yeast.

VII.   COMMITMENTS

| 23. | Already in phase I the notifying party submitted commitments to render the transaction compatible with the common market. It proposed to divest GBI's current activities in relation to the sale and distribution of yeast products in Spain and Portugal were divested. The remedy proposal did not include a production plant, but a supply toll-manufacturing agreement. The first phased market test concluded that a divestment of the distribution alone would not be viable without production capacities. In phase II, the parties submitted new commitments which included a link to a production capacity in order to render the concentration compatible with the common market. |
| --- | --- |

23.

Already in phase I the notifying party submitted commitments to render the transaction compatible with the common market. It proposed to divest GBI's current activities in relation to the sale and distribution of yeast products in Spain and Portugal were divested. The remedy proposal did not include a production plant, but a supply toll-manufacturing agreement. The first phased market test concluded that a divestment of the distribution alone would not be viable without production capacities. In phase II, the parties submitted new commitments which included a link to a production capacity in order to render the concentration compatible with the common market.

| 24. | ABF essentially committed to either (1) sell the current GBI distribution businesses in Spain and Portugal to a suitable purchaser who will have acquired a yeast production plant in Felixstowe (UK) for supplying GBI businesses in Spain and Portugal or, (2) as an alternative remedy, to sell the distribution businesses in Spain and Portugal together with GBI's production facility in Setúbal (3). The Felixstowe plant is, at the time of the decision, being divested as a result of the authorization by the Commission of the acquisition by Lesaffre of GBI UK (4). |
| --- | --- |

24.

ABF essentially committed to either (1) sell the current GBI distribution businesses in Spain and Portugal to a suitable purchaser who will have acquired a yeast production plant in Felixstowe (UK) for supplying GBI businesses in Spain and Portugal or, (2) as an alternative remedy, to sell the distribution businesses in Spain and Portugal together with GBI's production facility in Setúbal (3). The Felixstowe plant is, at the time of the decision, being divested as a result of the authorization by the Commission of the acquisition by Lesaffre of GBI UK (4).

| 25. | The divestiture of GBI's Spanish and Portuguese subsidiaries to a suitable purchaser with sufficient own production capacities guaranteed by ownership of either Felixstowe or Setubal will entirely eliminate the overlap brought about by the present transaction with respect to the Spanish and Portuguese compressed yeast market and guarantee an independent supply of yeast. The market test of the remedy package offered in phase II was generally positive as it combines distribution and production. The decision therefore concludes that the submitted commitments eliminate the serious doubts indentified on the compressed yeast markets in Portugal and Spain. |
| --- | --- |

25.

The divestiture of GBI's Spanish and Portuguese subsidiaries to a suitable purchaser with sufficient own production capacities guaranteed by ownership of either Felixstowe or Setubal will entirely eliminate the overlap brought about by the present transaction with respect to the Spanish and Portuguese compressed yeast market and guarantee an independent supply of yeast. The market test of the remedy package offered in phase II was generally positive as it combines distribution and production. The decision therefore concludes that the submitted commitments eliminate the serious doubts indentified on the compressed yeast markets in Portugal and Spain.

VIII.   CONCLUSION

| 26. | The notified operation, as modified by the commitments, should be declared compatible with the common market and with the EEA Agreement, subject to compliance with the Commitments which are annexed to the Decision. |
| --- | --- |

26.

The notified operation, as modified by the commitments, should be declared compatible with the common market and with the EEA Agreement, subject to compliance with the Commitments which are annexed to the Decision.

---

(1)  GBI Holding B.V. divested on 1 August 2006 all of its bakery ingredients business to Werhahn Muehlen KG except for some activities through Uniferm and has since then only been active in the production and supply of bakery yeast.

(2)  The remainder of GBI's European yeast business, essentially its UK activities, has been acquired by Lesaffre. That transaction has been examined by the Commission following a referral from the British Office of Fair Trading (OFT), and has been cleared subject to commitments on 11 July 2008; cf. case COMP/M.5020 — Lesaffre/GBI UK.

(3)  For the possibility of such alternative remedies see Commission Notice on Remedies Acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 OJ C 68, 2.3.2001, p.3. paragraphs 22, 23. See also Draft Revised Commission Notice on Remedies Acceptable under the Merger Regulation, published on http://ec.europa.eu/competition/mergers/legislation/merger_remedies.html paragraphs 44-46.

(4)  Case COMP/M.5020 — Lesaffre/GBI UK, decision of 11 July 2008.

---

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 25.6.2009 | EN | Official Journal of the European Union | C 145/16 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/16

---

The EFTA Surveillance Authority has found that the following measure does not constitute State aid within the meaning of Article 61 of the EEA Agreement

2009/C 145/10

| Date of adoption of the decision | : | 17 December 2008 |
| --- | --- | --- |
| Case number | : | 63616 |
| EFTA State | : | Iceland |
| Title (and/or name of the beneficiary) | : | Participation of the Icelandic State in the capital increase in E-Farice ehf. related to the Danice project |
| Type of measure | : | Share capital increase |
| Budget | : | ISK 183,5 million (approximately EUR 1,06 million) |
| Economic sectors | : | Telecommunications |
| Name and address of the granting authority | : | Ministry of Finance |
| Arnarhváli |
| 150 Reykjavík |
| ICELAND |

Date of adoption of the decision

:

17 December 2008

Case number

:

63616

EFTA State

:

Iceland

Title (and/or name of the beneficiary)

:

Participation of the Icelandic State in the capital increase in E-Farice ehf. related to the Danice project

Type of measure

:

Share capital increase

Budget

:

ISK 183,5 million (approximately EUR 1,06 million)

Economic sectors

:

Telecommunications

Name and address of the granting authority

:

Ministry of Finance

Arnarhváli

150 Reykjavík

ICELAND

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

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/

---

| 25.6.2009 | EN | Official Journal of the European Union | C 145/17 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/17

---

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement

2009/C 145/11

The EFTA Surveillance Authority raises no objections to the following State aid measure:

| Date of adoption of the decision | : | 17 December 2008 |
| --- | --- | --- |
| Case number | : | 65614 |
| EFTA State | : | Norway |
| Region | : | Norway |
| Title (and/or name of the beneficiary) | : | Amendments to the aid scheme for research and development concerning gas technologies with improved environmental performance (Gassnova) |
| Legal basis | : | Article 61(1) and 61(3)(c) |
| Objective | : | Promotion of research and development concerning fossil fuels technologies with improved environmental performance |
| Form of aid | : | Grant |
| Budget | : | Approximately NOK 80 000 000 annually, or approximately EUR 8 900 000 annually |
| Duration | : | Until 30 November 2015 |
| Economic sectors | : | Fossil fuels technologies |
| Name and address of the granting authority | : | Ministry of Petroleum and Energy |
| PO Box 8148 Dep |
| Oslo |
| NORWAY |

Date of adoption of the decision

:

17 December 2008

Case number

:

65614

EFTA State

:

Norway

Region

:

Norway

Title (and/or name of the beneficiary)

:

Amendments to the aid scheme for research and development concerning gas technologies with improved environmental performance (Gassnova)

Legal basis

:

Article 61(1) and 61(3)(c)

Objective

:

Promotion of research and development concerning fossil fuels technologies with improved environmental performance

Form of aid

:

Grant

Budget

:

Approximately NOK 80 000 000 annually, or approximately EUR 8 900 000 annually

Duration

:

Until 30 November 2015

Economic sectors

:

Fossil fuels technologies

Name and address of the granting authority

:

Ministry of Petroleum and Energy

PO Box 8148 Dep

Oslo

NORWAY

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

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 25.6.2009 | EN | Official Journal of the European Union | C 145/18 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/18

---

Commission notice concerning the anti-dumping measures in force in respect of imports into the Community of certain side-by-side refrigerators originating in the Republic of Korea: change of the address of a company subject to an individual anti-dumping duty

2009/C 145/12

Imports of certain side-by-side refrigerators originating in the Republic of Korea are subject to a definitive anti-dumping duty, imposed by Council Regulation (EC) No 1289/2006 of 25 August 2006 (1) (‘Regulation (EC) No 1289/2006’).

Samsung Electronics Co., Ltd (for convenience referred to in Regulation (EC) No 1289/2006 as ‘Samsung Electronics Corporation’), a company located in the Republic of Korea, whose exports to the Community of certain side-by-side refrigerators are subject to an anti-dumping duty of 0 % imposed by Article 1(2) of Regulation (EC) No 1289/2006, has informed the Commission that on 11 January 2009, it changed its address.

The company has argued that the change of address does not affect its right to benefit from the individual duty rate applied to it under its previous address of:

| Samsung Main Bldg, 250, 2-ga |
| --- |
| Taepyeong-ro |
| Jung-gu |
| Seoul |

Samsung Main Bldg, 250, 2-ga

Taepyeong-ro

Jung-gu

Seoul

The company submitted sufficient evidence to establish that the change of the address was, inter alia, due to an internal reorganization of the company resulting in a relocation of the business unit concerned.

The Commission has examined the information provided and has concluded that the change of address in no way affects the findings of Regulation (EC) No 1289/2006. Furthermore, the reference to the company should reflect the name of the company as it was officially registered. Therefore, the reference in Article 1(2) of Regulation (EC) No 1289/2006 to:

| Samsung Electronics Corporation |
| --- |
| Samsung Main Bldg, 250, 2-ga |
| Taepyeong-ro |
| Jung-gu |
| Seoul |

Samsung Electronics Corporation

Samsung Main Bldg, 250, 2-ga

Taepyeong-ro

Jung-gu

Seoul

should be read as:

| Samsung Electronics Co., Ltd |
| --- |
| 443-742, 416 Meatan-3 Dong |
| Yeongtong-Gu |
| Suwon |
| Kyonggi-Do |
| SOUTH KOREA |

Samsung Electronics Co., Ltd

443-742, 416 Meatan-3 Dong

Yeongtong-Gu

Suwon

Kyonggi-Do

SOUTH KOREA

The Taric additional code A735 shall apply to:

| Samsung Electronics Co., Ltd |
| --- |
| 443-742, 416 Meatan-3 Dong |
| Yeongtong-Gu |
| Suwon |
| Kyonggi-Do |
| SOUTH KOREA |

Samsung Electronics Co., Ltd

443-742, 416 Meatan-3 Dong

Yeongtong-Gu

Suwon

Kyonggi-Do

SOUTH KOREA

---

(1)  OJ L 236, 31.8.2006, p. 11.

---

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 25.6.2009 | EN | Official Journal of the European Union | C 145/20 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/20

---

Prior notification of a concentration

(Case COMP/M.5530 — GlaxoSmithKline/Stiefel Laboratories)

(Text with EEA relevance)

2009/C 145/13

| 1. | On 15 June 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking GlaxoSmithKline plc (‘GSK’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Stiefel Laboratories Inc. (‘Stiefel Laboratories’, USA) by way of a corporate merger of a subsidiary of GSK and Stiefel Laboratories. |
| --- | --- |

1.

On 15 June 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking GlaxoSmithKline plc (‘GSK’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Stiefel Laboratories Inc. (‘Stiefel Laboratories’, USA) by way of a corporate merger of a subsidiary of GSK and Stiefel Laboratories.

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






  — | for undertaking GSK: discovery, development, manufacture and commercialization of pharmaceutical products and consumer health related products, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking GSK: discovery, development, manufacture and commercialization of pharmaceutical products and consumer health related products,

| — | for undertaking Stiefel Laboratories: discovery, development, manufacture and commercialization of pharmaceutical products, in particular dermatological pharmaceutical and skin care products. |
| --- | --- |

—

for undertaking Stiefel Laboratories: discovery, development, manufacture and commercialization of pharmaceutical products, in particular dermatological pharmaceutical and skin care products.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 2 2964301 or 2967244) or by post, under reference number COMP/M.5530 — GlaxoSmithKline/Stiefel Laboratories, 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 2 2964301 or 2967244) or by post, under reference number COMP/M.5530 — GlaxoSmithKline/Stiefel Laboratories, 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.

---

OTHER ACTS

Commission

| 25.6.2009 | EN | Official Journal of the European Union | C 145/21 |
| --- | --- | --- | --- |

25.6.2009

EN

Official Journal of the European Union

C 145/21

---

Notice for the attention of Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi concerning his inclusion in the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

2009/C 145/14

| 1. | Common Position 2002/402/CFSP (1) calls upon the Community to freeze the funds and economic resources of Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267 (1999) and 1333 (2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267 (1999).
  The list drawn up by this UN Committee comprises:






  — | Al Qaida, the Taliban and Mr Usama bin Laden; |
| --- | --- | --- |

1.

Common Position 2002/402/CFSP (1) calls upon the Community to freeze the funds and economic resources of Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267 (1999) and 1333 (2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267 (1999).

The list drawn up by this UN Committee comprises:

—

Al Qaida, the Taliban and Mr Usama bin Laden;

| — | natural or legal persons, entities, bodies and groups associated with Al Qaida, the Taliban and Mr Usama bin Laden; and |
| --- | --- |

—

natural or legal persons, entities, bodies and groups associated with Al Qaida, the Taliban and Mr Usama bin Laden; and

| — | legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups. |
| --- | --- |

—

legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups.

Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida, Usama bin Laden or the Taliban include:

| (a) | participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, Al Qaida, the Taliban or Mr Usama bin Laden, or any cell, affiliate, splinter group or derivative thereof; |
| --- | --- |

(a)

participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of, Al Qaida, the Taliban or Mr Usama bin Laden, or any cell, affiliate, splinter group or derivative thereof;

| (b) | supplying, selling or transferring arms and related materiel to any of them; |
| --- | --- |

(b)

supplying, selling or transferring arms and related materiel to any of them;

| (c) | recruiting for any of them; or |
| --- | --- |

(c)

recruiting for any of them; or

| (d) | otherwise supporting acts or activities of any of them. |
| --- | --- |

(d)

otherwise supporting acts or activities of any of them.

| 2. | The UN Committee decided on 17 October 2001 to add Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi to the relevant list.
  The natural person concerned may submit at any time a request to the UN Committee, together with any supporting documentation, for the decision to include him in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:





  United Nations — Focal point for delisting |
| --- | --- |
| Security Council Subsidiary Organs Branch |
| Room S-3055 E |
| New York, NY 10017 |
| UNITED STATES OF AMERICA |

2.

The UN Committee decided on 17 October 2001 to add Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi to the relevant list.

The natural person concerned may submit at any time a request to the UN Committee, together with any supporting documentation, for the decision to include him in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:

United Nations — Focal point for delisting

Security Council Subsidiary Organs Branch

Room S-3055 E

New York, NY 10017

UNITED STATES OF AMERICA

See for more information at: http://www.un.org/sc/committees/1267/delisting.shtml

| 3. | Further to this decision the Council has included Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi in Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (2). The entry was last amended by means of Commission Regulation (EC) No 1210/2006 (3).
  The following measures of Regulation (EC) No 881/2002 apply to the natural and legal persons, groups and entities concerned:






  (a) | The freezing of all funds, other financial assets and economic resources belonging to them, or owned or held by them, and the prohibition to make funds, other financial assets and economic resources available to them or for their benefit, whether directly or indirectly (Articles 2 and 2a (4)); and |
| --- | --- | --- |

3.

Further to this decision the Council has included Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi in Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (2). The entry was last amended by means of Commission Regulation (EC) No 1210/2006 (3).

The following measures of Regulation (EC) No 881/2002 apply to the natural and legal persons, groups and entities concerned:

(a)

The freezing of all funds, other financial assets and economic resources belonging to them, or owned or held by them, and the prohibition to make funds, other financial assets and economic resources available to them or for their benefit, whether directly or indirectly (Articles 2 and 2a (4)); and

| (b) | The prohibition to grant, sell, supply or transfer technical advice, assistance or training related to military activities to them, whether directly or indirectly (Article 3). |
| --- | --- |

(b)

The prohibition to grant, sell, supply or transfer technical advice, assistance or training related to military activities to them, whether directly or indirectly (Article 3).

| 4. | Following the judgement of the Court of Justice of 3 September 2008 in Joined Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council, the UN Committee has provided grounds for listing of Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi.
  He may make a request for the grounds for his listing to the Commission. This request should be sent to:





  European Commission |
| --- | --- |
| ‘Restrictive measures’ |
| Rue de la Loi/Wetstraat 200 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

Following the judgement of the Court of Justice of 3 September 2008 in Joined Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council, the UN Committee has provided grounds for listing of Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi.

He may make a request for the grounds for his listing to the Commission. This request should be sent to:

European Commission

‘Restrictive measures’

Rue de la Loi/Wetstraat 200

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

After having given him an opportunity to express his views on the grounds for listing, the Commission will review his inclusion in Annex I to Council Regulation (EC) No 881/2002 and a new decision concerning him will be made.

| 5. | Personal data provided by Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi will be handled in accordance with the rules of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5). Any request, e.g. for further information or in order to exercise the rights under Regulation (EC) No 45/2001 (e.g. access or rectification of personal data), should be sent to the Commission at the address mentioned under point 4 above. |
| --- | --- |

5.

Personal data provided by Mr Shafiq Ben Mohamed Ben Mohamed Al-Ayadi will be handled in accordance with the rules of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5). Any request, e.g. for further information or in order to exercise the rights under Regulation (EC) No 45/2001 (e.g. access or rectification of personal data), should be sent to the Commission at the address mentioned under point 4 above.

| 6. | For good order, the attention of the natural persons listed in Annex I is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds, other financial assets and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation. |
| --- | --- |

6.

For good order, the attention of the natural persons listed in Annex I is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds, other financial assets and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.

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(1)  OJ L 139, 29.5.2002, p. 4.

(2)  OJ L 139, 29.5.2002, p. 9.

(3)  OJ L 219, 10.8.2006, p. 14.

(4)  Article 2a was inserted by Council Regulation (EC) No 561/2003 (OJ L 82, 29.3.2003, p. 1).

(5)  OJ L 8 of 12.1.2001, p. 1.

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