# Official Journal C 92/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.092.eng |
| --- | --- |
| Official Journal
  of the European Union | C 92 |
| | |
| English edition | Information and Notices | Volume 5424 March 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.092.eng

Official Journal

of the European Union

C 92

English edition

Information and Notices

Volume 5424 March 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 092/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2011/C 092/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  2
  ) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 092/01

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

1

1

2011/C 092/02

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (
  2
  )

2

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 092/03 | Council Decision of 21 March 2011 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy and Hungary | 6 |
| 2011/C 092/04 | Council Decision of 21 March 2011 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg, Malta and Austria | 8 |
| 2011/C 092/05 | Council Decision of 21 March 2011 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg and Malta | 9 |
| 2011/C 092/06 | Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/137/CFSP, as amended by Council Decision 2011/178/CFSP, and in Council Regulation (EU) No 204/2011, as amended by Council Implementing Regulation (EU) No 288/2011, concerning restrictive measures in view of the situation in Libya apply | 10 |
| | European Commission |
| 2011/C 092/07 | Euro exchange rates | 11 |
| 2011/C 092/08 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.510 (1) — ONP — Rapporteur: Sweden | 12 |
| 2011/C 092/09 | Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 3 December 2010 regarding a draft decision relating to Case COMP/39.510 (2) — ONP — Rapporteur: Sweden | 13 |
| 2011/C 092/10 | Final report of the Hearing Officer — Case COMP/39.510 — LABCO/ONP | 14 |
| 2011/C 092/11 | Summary of Commission Decision of 8 December 2010 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (TFEU) (Case COMP/39.510 — LABCO/ONP) (notified under document C(2010) 8952)
   (
  1
  ) | 16 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 092/12 | Summary information communicated by Member States on State aid granted in conformity with Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  ) | 18 |
| 2011/C 092/13 | Summary information communicated by Member States on State aid granted in conformity with Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  ) | 22 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 092/03

Council Decision of 21 March 2011 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy and Hungary

6

2011/C 092/04

Council Decision of 21 March 2011 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg, Malta and Austria

8

2011/C 092/05

Council Decision of 21 March 2011 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg and Malta

9

2011/C 092/06

Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/137/CFSP, as amended by Council Decision 2011/178/CFSP, and in Council Regulation (EU) No 204/2011, as amended by Council Implementing Regulation (EU) No 288/2011, concerning restrictive measures in view of the situation in Libya apply

10

European Commission

2011/C 092/07

Euro exchange rates

11

2011/C 092/08

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.510 (1) — ONP — Rapporteur: Sweden

12

2011/C 092/09

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 3 December 2010 regarding a draft decision relating to Case COMP/39.510 (2) — ONP — Rapporteur: Sweden

13

2011/C 092/10

Final report of the Hearing Officer — Case COMP/39.510 — LABCO/ONP

14

2011/C 092/11

Summary of Commission Decision of 8 December 2010 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (TFEU) (Case COMP/39.510 — LABCO/ONP) (notified under document C(2010) 8952)
   (
  1
  )

(notified under document C(2010) 8952)

1

16

NOTICES FROM MEMBER STATES

2011/C 092/12

Summary information communicated by Member States on State aid granted in conformity with Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  )

1

18

2011/C 092/13

Summary information communicated by Member States on State aid granted in conformity with Commission Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (
  1
  )

1

22

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2011/C 092/14 | Prior notification of a concentration (Case COMP/M.6085 — Costa Crociere/Alpitour/Welcome JV) — Candidate case for simplified procedure (
  1
  ) | 24 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2011/C 092/14

Prior notification of a concentration (Case COMP/M.6085 — Costa Crociere/Alpitour/Welcome JV) — Candidate case for simplified procedure (
  1
  )

1

24

| | Corrigenda |
| --- | --- |
| 2011/C 092/15 | Corrigendum to State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union where the Member State concerned has accepted those measures (OJ C 79, 12.3.2011) | 25 |

Corrigenda

2011/C 092/15

Corrigendum to State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union where the Member State concerned has accepted those measures (OJ C 79, 12.3.2011)

25

| | |
| --- | --- |
| | (1)   Text with EEA relevance |
| | (2)   Text with EEA relevance, except for products falling under Annex I to the Treaty |

---

(1)   Text with EEA relevance

1

(2)   Text with EEA relevance, except for products falling under Annex I to the Treaty

2

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 24.3.2011 | EN | Official Journal of the European Union | C 92/1 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/1

---

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

Cases where the Commission raises no objections

(Text with EEA relevance)

2011/C 92/01

| Date of adoption of the decision | 9.6.2010 |
| --- | --- |
| Reference number of State Aid | N 640/08 |
| Member State | Germany |
| Region | Freistaat Sachsen |
| Title (and/or name of the beneficiary) | Richtlinie des Sächsischen Staatsministeriums für Wirtschaft und Arbeit zur Förderung der Verkehrsinfrastruktur aus Mitteln des Europäischen Fonds für regionale Entwicklung |
| Legal basis | §§ 23 und 24 der Sächsischen Haushaltsordnung. Verwaltungsvorschrift des Sächsischen Staatsministeriums für Finanzen zur Sächsischen Haushaltsordnung. Operationelles Programm des Freistaats Sachsen für den Europäischen Fonds für regionale Entwicklung in der Förderperiode 2007-2013. |
| Type of measure | Aid scheme |
| Objective | Sectoral development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 125,25 million |
| Intensity | 70 % |
| Duration (period) | 1.1.2009-31.12.2015 |
| Economic sectors | Transport |
| Name and address of the granting authority | Landesdirektion Chemnitz |
| Altchemnitzer Straße 41 |
| 09120 Chemnitz |
| DEUTSCHLAND |

Date of adoption of the decision

9.6.2010

Reference number of State Aid

N 640/08

Member State

Germany

Region

Freistaat Sachsen

Title (and/or name of the beneficiary)

Richtlinie des Sächsischen Staatsministeriums für Wirtschaft und Arbeit zur Förderung der Verkehrsinfrastruktur aus Mitteln des Europäischen Fonds für regionale Entwicklung

Legal basis

§§ 23 und 24 der Sächsischen Haushaltsordnung. Verwaltungsvorschrift des Sächsischen Staatsministeriums für Finanzen zur Sächsischen Haushaltsordnung. Operationelles Programm des Freistaats Sachsen für den Europäischen Fonds für regionale Entwicklung in der Förderperiode 2007-2013.

Type of measure

Aid scheme

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 125,25 million

Intensity

70 %

Duration (period)

1.1.2009-31.12.2015

Economic sectors

Transport

Name and address of the granting authority

Landesdirektion Chemnitz

Altchemnitzer Straße 41

09120 Chemnitz

DEUTSCHLAND

| Landesdirektion Dresden |
| --- |
| Stauffenbergallee 2 |
| 01099 Dresden |
| DEUTSCHLAND |

Landesdirektion Dresden

Stauffenbergallee 2

01099 Dresden

DEUTSCHLAND

| Landesdirektion Leipzig |
| --- |
| Braustraße 2 |
| 04107 Leipzig |
| DEUTSCHLAND |

Landesdirektion Leipzig

Braustraße 2

04107 Leipzig

DEUTSCHLAND

Other information

—

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

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

| Date of adoption of the decision | 13.12.2010 |
| --- | --- |
| Reference number of State Aid | N 497/10 |
| Member State | United Kingdom |
| Region | Scotland |
| Title (and/or name of the beneficiary) | SHEFA — 2 Interconnect |
| Legal basis | Local Government in Scotland Act (2003) |
| Type of measure | Individual aid |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: GBP 1,47 million |
| Intensity | 100 % |
| Duration (period) | Until 31.12.2011 |
| Economic sectors | Post and telecommunications |
| Name and address of the granting authority | Shetlands Islands Council |
| Other information | — |

Date of adoption of the decision

13.12.2010

Reference number of State Aid

N 497/10

Member State

United Kingdom

Region

Scotland

Title (and/or name of the beneficiary)

SHEFA — 2 Interconnect

Legal basis

Local Government in Scotland Act (2003)

Type of measure

Individual aid

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: GBP 1,47 million

Intensity

100 %

Duration (period)

Until 31.12.2011

Economic sectors

Post and telecommunications

Name and address of the granting authority

Shetlands Islands Council

Other information

—

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

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

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/3 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/3

---

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

Cases where the Commission raises no objections

(Text with EEA relevance, except for products falling under Annex I to the Treaty)

2011/C 92/02

| Date of adoption of the decision | 11.12.2011 |
| --- | --- |
| Reference number of State Aid | NN 7/07 (ex. N 370/01) |
| Member State | The Netherlands |
| Region | All |
| Title (and/or name of the beneficiary) | Steun voor het milieukeur |
| Legal basis | Wet van 17 december 1997, houdende regels inzake de verstrekking van subsidies door de minister van Landbouw, Natuurbeheer en Visserij, respectievelijk artikel 2 en artikel 5, §a (Kaderwet LNV-subsidies) |
| Type of measure | Aid scheme |
| Objective | Encouraging quality products |
| Form of aid | Subsidised services |
| Budget | Overall maximum amount: EUR 1,97 million |
| Intensity | Up to 100 % of eligible costs |
| Duration (period) | From 1 January 2001 until 31 December 2004 |
| Economic sectors | Agricultural sector |
| Name and address of the granting authority | Ministerie van Economische Zaken, Landbouw en Innovatie |
| Prins Clauslaan 8 |
| 2595 AJ Den Haag |
| NEDERLAND |

Date of adoption of the decision

11.12.2011

Reference number of State Aid

NN 7/07 (ex. N 370/01)

Member State

The Netherlands

Region

All

Title (and/or name of the beneficiary)

Steun voor het milieukeur

Legal basis

Wet van 17 december 1997, houdende regels inzake de verstrekking van subsidies door de minister van Landbouw, Natuurbeheer en Visserij, respectievelijk artikel 2 en artikel 5, §a (Kaderwet LNV-subsidies)

Type of measure

Aid scheme

Objective

Encouraging quality products

Form of aid

Subsidised services

Budget

Overall maximum amount: EUR 1,97 million

Intensity

Up to 100 % of eligible costs

Duration (period)

From 1 January 2001 until 31 December 2004

Economic sectors

Agricultural sector

Name and address of the granting authority

Ministerie van Economische Zaken, Landbouw en Innovatie

Prins Clauslaan 8

2595 AJ Den Haag

NEDERLAND

Other information

—

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

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

| Date of adoption of the decision | 24.3.2009 |
| --- | --- |
| Reference number of State Aid | N 204/08 |
| Member State | Latvia |
| Region | Latvia | Article 107(3)(a) |
| Title (and/or name of the beneficiary) | Atbalsts kredītgarantiju veidā |
| Legal basis | Ministru kabineta noteikumu “Lauksaimniecības un lauku attīstības kredītu garantēšanas kārtība” projekts;
  Ministru kabineta noteikumu “Kārtība, kādā, izstrādājot likumprojektu par valsts budžetu kārtējam gadam, tiek paredzētas valsts saistības par garantijām, kas sniegtas atbilstoši lauksaimniecības un lauku attīstības kredītu garantēšanas programmām, kā arī izsniegto garantiju uzraudzības kārtība” projekts. |
| Type of measure | Scheme | — |
| Objective | Investments in agricultural holdings, Investment in processing and marketing, Setting up of young farmers |
| Form of aid | Guarantee |
| Budget | Overall budget: LVL 250,00 million |
| Intensity | 60 % |
| Duration (period) | 24.3.2009-31.12.2013 |
| Economic sectors | Agriculture, forestry and fishing |
| Name and address of the granting authority | Lauku attīstības fonds |
| Citadeles iela 7, korp. 43 |
| Rīga, LV-1010 |
| LATVIJA |

Date of adoption of the decision

24.3.2009

Reference number of State Aid

N 204/08

Member State

Latvia

Region

Latvia

Article 107(3)(a)

Title (and/or name of the beneficiary)

Atbalsts kredītgarantiju veidā

Legal basis

Ministru kabineta noteikumu “Lauksaimniecības un lauku attīstības kredītu garantēšanas kārtība” projekts;

Ministru kabineta noteikumu “Kārtība, kādā, izstrādājot likumprojektu par valsts budžetu kārtējam gadam, tiek paredzētas valsts saistības par garantijām, kas sniegtas atbilstoši lauksaimniecības un lauku attīstības kredītu garantēšanas programmām, kā arī izsniegto garantiju uzraudzības kārtība” projekts.

Type of measure

Scheme

—

Objective

Investments in agricultural holdings, Investment in processing and marketing, Setting up of young farmers

Form of aid

Guarantee

Budget

Overall budget: LVL 250,00 million

Intensity

60 %

Duration (period)

24.3.2009-31.12.2013

Economic sectors

Agriculture, forestry and fishing

Name and address of the granting authority

Lauku attīstības fonds

Citadeles iela 7, korp. 43

Rīga, LV-1010

LATVIJA

Other information

—

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

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

| Date of adoption of the decision | 1.2.2010 |
| --- | --- |
| Reference number of State Aid | N 686/09 |
| Member State | Lithuania |
| Region | Lithuania | Article 107(3)(a) |
| Title (and/or name of the beneficiary) | Limited amounts of compatible aid under the Temporary Framework for agricultural entities active in the primary production of agricultural products |
| Legal basis | Rules for granting of temporary State aid seeking to reduce an impact of finance and economic crisis for agricultural sector (draft version) (Annex 1, Annex 2) |
| Type of measure | Scheme | — |
| Objective | Remedy for a serious disturbance in the economy |
| Form of aid | Direct grant |
| Budget | Overall budget: LTL 10,00 million |
| Intensity | 0 % |
| Duration (period) | 1.2.2010-31.12.2010 |
| Economic sectors | Agriculture, forestry and fishing |
| Name and address of the granting authority | Ministry of Agriculture of the Republic of Lithuania |
| Gedimino av. 19 |
| LT-01103 Vilnius |
| LIETUVA/LITHUANIA |

Date of adoption of the decision

1.2.2010

Reference number of State Aid

N 686/09

Member State

Lithuania

Region

Lithuania

Article 107(3)(a)

Title (and/or name of the beneficiary)

Limited amounts of compatible aid under the Temporary Framework for agricultural entities active in the primary production of agricultural products

Legal basis

Rules for granting of temporary State aid seeking to reduce an impact of finance and economic crisis for agricultural sector (draft version) (Annex 1, Annex 2)

Type of measure

Scheme

—

Objective

Remedy for a serious disturbance in the economy

Form of aid

Direct grant

Budget

Overall budget: LTL 10,00 million

Intensity

0 %

Duration (period)

1.2.2010-31.12.2010

Economic sectors

Agriculture, forestry and fishing

Name and address of the granting authority

Ministry of Agriculture of the Republic of Lithuania

Gedimino av. 19

LT-01103 Vilnius

LIETUVA/LITHUANIA

Other information

—

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

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

| Date of adoption of the decision | 3.9.2010 |
| --- | --- |
| Reference number of State Aid | N 226/10 |
| Member State | Latvia |
| Region | Latvia | Article 107(3)(c) |
| Title (and/or name of the beneficiary) | Atbrīvojums no akcīzes nodokļa lauksaimniecības produkcijas ražotājiem |
| Legal basis | Likums par akcīzes nodokli
  Ministru kabineta 2010. gada 12. maija noteikumi Nr. 444 “Kārtībā, kādā no nodokļa ir atbrīvota dīzeļdegviela (gāzeļļa) un dīzeļdegviela (gāzeļļa), kurai ir pievienota rapšu sēklu eļļa vai no rapšu sēklu eļļas iegūta biodīzeļdegviela un kuru lauksaimniecības produkcijas ražotājs izmanto lauksaimniecības zemes apstrādei, kā arī tādas meža un purva zemes apstrādei, uz kuras kultivē dzērvenes un mellenes” |
| Type of measure | Scheme | — |
| Objective | Tax exemptions under Directive 2003/96/EC |
| Form of aid | Tax rate reduction |
| Budget | Overall budget: LVL 71,36 million
  Annual budget: LVL 17,84 million |
| Intensity | 100 % |
| Duration (period) | Until 30.12.2013 |
| Economic sectors | Agriculture, forestry and fishing |
| Name and address of the granting authority | Lauku atbalsta dienests Latvija |
| Republikas laukums 2 |
| Rīga, LV-1981 |
| LATVIJA |

Date of adoption of the decision

3.9.2010

Reference number of State Aid

N 226/10

Member State

Latvia

Region

Latvia

Article 107(3)(c)

Title (and/or name of the beneficiary)

Atbrīvojums no akcīzes nodokļa lauksaimniecības produkcijas ražotājiem

Legal basis

Likums par akcīzes nodokli

Ministru kabineta 2010. gada 12. maija noteikumi Nr. 444 “Kārtībā, kādā no nodokļa ir atbrīvota dīzeļdegviela (gāzeļļa) un dīzeļdegviela (gāzeļļa), kurai ir pievienota rapšu sēklu eļļa vai no rapšu sēklu eļļas iegūta biodīzeļdegviela un kuru lauksaimniecības produkcijas ražotājs izmanto lauksaimniecības zemes apstrādei, kā arī tādas meža un purva zemes apstrādei, uz kuras kultivē dzērvenes un mellenes”

Type of measure

Scheme

—

Objective

Tax exemptions under Directive 2003/96/EC

Form of aid

Tax rate reduction

Budget

Overall budget: LVL 71,36 million

Annual budget: LVL 17,84 million

Intensity

100 %

Duration (period)

Until 30.12.2013

Economic sectors

Agriculture, forestry and fishing

Name and address of the granting authority

Lauku atbalsta dienests Latvija

Republikas laukums 2

Rīga, LV-1981

LATVIJA

Other information

—

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

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 24.3.2011 | EN | Official Journal of the European Union | C 92/6 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/6

---

COUNCIL DECISION

of 21 March 2011

appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy and Hungary

2011/C 92/03

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), and in particular Articles 26 and 27 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

| (1) | By its Decision of 21 October 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2010 to 24 September 2012, with the exception of certain members. |
| --- | --- |

(1)

By its Decision of 21 October 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2010 to 24 September 2012, with the exception of certain members.

| (2) | The Governments of Italy and Hungary have submitted nominations for a number of posts to be filled, |
| --- | --- |

(2)

The Governments of Italy and Hungary have submitted nominations for a number of posts to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy and Hungary, for the period ending on 24 September 2012:

I.   GOVERNMENT REPRESENTATIVES

| Country | Members | Alternates |
| --- | --- | --- |
| Italy | Ms Grazia STRANO
  Mr Natale FORLANI | Mr Daniele LUNETTA |
| Hungary | Ms Eszter ENYEDI
  Ms Orsolya KISGYÖRGY | Ms Hajnalka ERDŐS |

Country

Members

Alternates

Italy

Ms Grazia STRANO

Mr Natale FORLANI

Mr Daniele LUNETTA

Hungary

Ms Eszter ENYEDI

Ms Orsolya KISGYÖRGY

Ms Hajnalka ERDŐS

II.   TRADE UNION REPRESENTATIVES

| Country | Members | Alternates |
| --- | --- | --- |
| Italy | Ms Ornella CILONA
  Mr Giuseppe CASUCCI | Ms Ilaria FONTANIN |
| Hungary | Ms Judit IVÁNYI dr. CZUGLERNÉ
  Ms Andrea AGÓCS | Mr László KOZÁK |

Country

Members

Alternates

Italy

Ms Ornella CILONA

Mr Giuseppe CASUCCI

Ms Ilaria FONTANIN

Hungary

Ms Judit IVÁNYI dr. CZUGLERNÉ

Ms Andrea AGÓCS

Mr László KOZÁK

III.   EMPLOYERS' ASSOCIATIONS REPRESENTATIVES

| Country | Members | Alternates |
| --- | --- | --- |
| Italy | Mr Armando OCCHIPINTI
  Ms Yasaman PARPINCHEE | Ms Paola ASTORRI |
| Hungary | Ms Terézia BOROSNÉ BARTHA
  Mr István KOMORÓCZKI | Ms Adrienn BÁLINT |

Country

Members

Alternates

Italy

Mr Armando OCCHIPINTI

Ms Yasaman PARPINCHEE

Ms Paola ASTORRI

Hungary

Ms Terézia BOROSNÉ BARTHA

Mr István KOMORÓCZKI

Ms Adrienn BÁLINT

Article 2

The members not yet nominated will be appointed by the Council at a later date.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 21 March 2011.

For the Council

The President

MARTONYI J.

---

(1)  OJ L 257, 19.10.1968, p. 2.

1

(2)  OJ C 294, 29.10.2010, p. 1.

2

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/8 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/8

---

COUNCIL DECISION

of 21 March 2011

appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg, Malta and Austria

2011/C 92/04

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,

Having regard to the list of nominations for appointment submitted to the Council by the governments of the Member States and by the employers’ and the employees’ organisations,

Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,

Whereas:

| (1) | By Decision of 22 November 2010 (2) the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013. |
| --- | --- |

(1)

By Decision of 22 November 2010 (2) the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013.

| (2) | The Government of Malta and the employees’ organisations have submitted nominations for a number of posts to be filled for Luxembourg, Malta and Austria, |
| --- | --- |

(2)

The Government of Malta and the employees’ organisations have submitted nominations for a number of posts to be filled for Luxembourg, Malta and Austria,

HAS ADOPTED THIS DECISION:

Article 1

The following shall be appointed members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2013:

I.   GOVERNMENT REPRESENTATIVES

| Country | Members | Alternate members |
| --- | --- | --- |
| Malta | Mr Mark GAUCI | Mr Vince ATTARD |

Country

Members

Alternate members

Malta

Mr Mark GAUCI

Mr Vince ATTARD

II.   REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS

| Country | Members | Alternate members |
| --- | --- | --- |
| Luxembourg | Mr Marcel GOEREND | Mr Raffaele PAOLETTI |
| Malta | Mr Jesmond BONELLO | Mr Joseph CARABOTT |
| Austria | Ms Julia NEDJELIK-LISCHKA | Mr Alexander HEIDER |

Country

Members

Alternate members

Luxembourg

Mr Marcel GOEREND

Mr Raffaele PAOLETTI

Malta

Mr Jesmond BONELLO

Mr Joseph CARABOTT

Austria

Ms Julia NEDJELIK-LISCHKA

Mr Alexander HEIDER

Article 2

The Council will appoint the members and alternate members not yet nominated at a later date.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 21 March 2011.

For the Council

The President

MARTONYI J.

---

(1)  OJ L 216, 20.8.1994, p. 1.

1

(2)  OJ C 322, 27.11.2010, p. 3.

2

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/9 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/9

---

COUNCIL DECISION

of 21 March 2011

appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg and Malta

2011/C 92/05

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,

Having regard to the list of candidates submitted to the Council by the governments of the Member States,

Whereas:

| (1) | By Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, with the exception of certain members. |
| --- | --- |

(1)

By Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, with the exception of certain members.

| (2) | The Governments of Luxembourg and Malta have submitted nominations for a number of posts to be filled, |
| --- | --- |

(2)

The Governments of Luxembourg and Malta have submitted nominations for a number of posts to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2013:

I.   GOVERNMENT REPRESENTATIVES

| Country | Members | Alternate members |
| --- | --- | --- |
| Luxembourg | Mr Paul WEBER | Mr Robert HUBERTY
  Mr Carlo STEFFES |

Country

Members

Alternate members

Luxembourg

Mr Paul WEBER

Mr Robert HUBERTY

Mr Carlo STEFFES

II.   TRADE UNION REPRESENTATIVES

| Country | Members | Alternate members |
| --- | --- | --- |
| Luxembourg | Mr Marcel GOEREND | Mr Raffaele PAOLETTI
  Mr Nico CLEMENT |
| Malta | Mr Joe CARABOTT | Mr Jesmond BONELLO |

Country

Members

Alternate members

Luxembourg

Mr Marcel GOEREND

Mr Raffaele PAOLETTI

Mr Nico CLEMENT

Malta

Mr Joe CARABOTT

Mr Jesmond BONELLO

III.   EMPLOYERS' REPRESENTATIVES

| Country | Members | Alternate members |
| --- | --- | --- |
| Luxembourg | Mr Pierre BLAISE | Mr François ENGELS
  Mr Marc KIEFFER |
| Malta | Mr John SCICLUNA | Mr Joseph DELIA |

Country

Members

Alternate members

Luxembourg

Mr Pierre BLAISE

Mr François ENGELS

Mr Marc KIEFFER

Malta

Mr John SCICLUNA

Mr Joseph DELIA

Article 2

The Council will appoint the members and alternate members not yet nominated at a later date.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 21 March 2011.

For the Council

The President

MARTONYI J.

---

(1)  OJ C 218, 13.9.2003, p. 1.

1

(2)  OJ L 45, 22.2.2010, p. 5.

2

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/10 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/10

---

Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/137/CFSP, as amended by Council Decision 2011/178/CFSP, and in Council Regulation (EU) No 204/2011, as amended by Council Implementing Regulation (EU) No 288/2011, concerning restrictive measures in view of the situation in Libya apply

2011/C 92/06

THE COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons and entities that appear in Annexes I and III to Council Decision 2011/137/CFSP, as amended by Council Decision 2011/178/CFSP (1), and in Annex II to Council Regulation (EU) No 204/2011, as amended by Council Implementing Regulation (EU) No 288/2011 (2), concerning restrictive measures in view of the situation in Libya.

The United Nations Security Council decided that the individuals listed in Annex I to UNSCR 1973 (2011) shall be subject to the travel restrictions imposed in paragraphs 15 and 16 of UNSCR 1970 (2011), and that the individuals and entities listed in Annex II to UNSCR 1973 (2011) shall be subject to the asset freeze imposed in paragraphs 17, 19, 20 and 21 of UNSCR 1970 (2011).

The persons concerned may submit at any time a request to the UN Committee established pursuant to paragraph 24 of UNSCR 1970 (2011), together with any supporting documentation, for the decisions to include them in the UN list 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 |

United Nations — Focal point for delisting

Security Council Subsidiary Organs Branch

Room S-3055 E

New York, NY 10017

UNITED STATES OF AMERICA

For more information see: http://www.un.org/sc/committees/751/comguide.shtml

Further to the UN decision, the Council of the European Union has determined that the persons and entities that appear in the above mentioned Annexes to UNSCR 1973 (2011) should be included in the lists of persons and entities which are subject to the restrictive measures provided for in Council Decision 2011/137/CFSP and Council Regulation (EU) No 204/2011. The grounds for designation of the persons concerned appear in the relevant entries in Annexes I and III to the Council Decision and in Annex II to the Council Regulation.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IV to Regulation (EU) No 204/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).

The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above mentioned lists should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| TEFS Coordination |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

TEFS Coordination

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 78, 24.3.2011.

(2)  OJ L 78, 24.3.2011.

---

European Commission

| 24.3.2011 | EN | Official Journal of the European Union | C 92/11 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/11

---

Euro exchange rates (1)

23 March 2011

2011/C 92/07

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4136 |
| JPY | Japanese yen | 114,42 |
| DKK | Danish krone | 7,4573 |
| GBP | Pound sterling | 0,86990 |
| SEK | Swedish krona | 8,9310 |
| CHF | Swiss franc | 1,2746 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8910 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,417 |
| HUF | Hungarian forint | 269,60 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7088 |
| PLN | Polish zloty | 4,0410 |
| RON | Romanian leu | 4,1165 |
| TRY | Turkish lira | 2,2022 |
| AUD | Australian dollar | 1,4006 |
| CAD | Canadian dollar | 1,3890 |
| HKD | Hong Kong dollar | 11,0186 |
| NZD | New Zealand dollar | 1,9096 |
| SGD | Singapore dollar | 1,7884 |
| KRW | South Korean won | 1 590,46 |
| ZAR | South African rand | 9,7796 |
| CNY | Chinese yuan renminbi | 9,2633 |
| HRK | Croatian kuna | 7,3830 |
| IDR | Indonesian rupiah | 12 312,12 |
| MYR | Malaysian ringgit | 4,2814 |
| PHP | Philippine peso | 61,345 |
| RUB | Russian rouble | 40,0325 |
| THB | Thai baht | 42,804 |
| BRL | Brazilian real | 2,3517 |
| MXN | Mexican peso | 16,9646 |
| INR | Indian rupee | 63,3930 |

Currency

Exchange rate

USD

US dollar

1,4136

JPY

Japanese yen

114,42

DKK

Danish krone

7,4573

GBP

Pound sterling

0,86990

SEK

Swedish krona

8,9310

CHF

Swiss franc

1,2746

ISK

Iceland króna

NOK

Norwegian krone

7,8910

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,417

HUF

Hungarian forint

269,60

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7088

PLN

Polish zloty

4,0410

RON

Romanian leu

4,1165

TRY

Turkish lira

2,2022

AUD

Australian dollar

1,4006

CAD

Canadian dollar

1,3890

HKD

Hong Kong dollar

11,0186

NZD

New Zealand dollar

1,9096

SGD

Singapore dollar

1,7884

KRW

South Korean won

1 590,46

ZAR

South African rand

9,7796

CNY

Chinese yuan renminbi

9,2633

HRK

Croatian kuna

7,3830

IDR

Indonesian rupiah

12 312,12

MYR

Malaysian ringgit

4,2814

PHP

Philippine peso

61,345

RUB

Russian rouble

40,0325

THB

Thai baht

42,804

BRL

Brazilian real

2,3517

MXN

Mexican peso

16,9646

INR

Indian rupee

63,3930

---

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

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/12 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/12

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.510 (1) — ONP

Rapporteur: Sweden

2011/C 92/08

| 1. | The Advisory Committee agrees with the Commission that members of the Ordre National des Pharmaciens (ONP) practising as a liberal profession are undertakings involved in economic activities. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that members of the Ordre National des Pharmaciens (ONP) practising as a liberal profession are undertakings involved in economic activities.

| 2. | The Advisory Committee agrees with the Commission that the ONP is an association of undertakings. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the ONP is an association of undertakings.

| 3. | The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions taken by an association of undertakings. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions taken by an association of undertakings.

| 4. | The Advisory Committee agrees with the Commission that the decisions of the ONP under investigation are not an instance of the exercise of delegated public powers. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the decisions of the ONP under investigation are not an instance of the exercise of delegated public powers.

| 5. | The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions of an association of undertakings within the meaning of Article 101 of the TFEU. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions of an association of undertakings within the meaning of Article 101 of the TFEU.

| 6. | The Advisory Committee agrees with the Commission that trade between Member States is affected by the decisions of the ONP. |
| --- | --- |

6.

The Advisory Committee agrees with the Commission that trade between Member States is affected by the decisions of the ONP.

| 7. | The Advisory Committee agrees with the Commission that the decisions of ONP constitute a single and continuous infringement of Article 101 of the TFEU. |
| --- | --- |

7.

The Advisory Committee agrees with the Commission that the decisions of ONP constitute a single and continuous infringement of Article 101 of the TFEU.

| 8. | The Advisory Committee agrees with the Commission that there are no grounds for an exemption within the meaning of Article 101(3) of the TFEU. |
| --- | --- |

8.

The Advisory Committee agrees with the Commission that there are no grounds for an exemption within the meaning of Article 101(3) of the TFEU.

| 9. | The Advisory Committee agrees with the Commission that the three addressees (1) of the draft decision can be held jointly liable for the behaviour which is the subject of the investigation. |
| --- | --- |

9.

The Advisory Committee agrees with the Commission that the three addressees (1) of the draft decision can be held jointly liable for the behaviour which is the subject of the investigation.

| 10. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

10.

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

---

(1)  Ordre national des pharmaciens, Conseil national de l’Ordre des Pharmaciens, Conseil central de la Section G de l’Ordre des Pharmaciens.

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/13 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/13

---

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 3 December 2010 regarding a draft decision relating to Case COMP/39.510 (2) — ONP

Rapporteur: Sweden

2011/C 92/09

| 1. | The Advisory Committee agrees with the Commission that it is possible that the conditions of Article 23(4) of Regulation (EC) No 1/2003 are fulfilled. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that it is possible that the conditions of Article 23(4) of Regulation (EC) No 1/2003 are fulfilled.

| 2. | The Advisory Committee agrees with the Commission's assessment of the mitigating circumstances. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission's assessment of the mitigating circumstances.

| 3. | The Advisory Committee agrees with the Commission's overall assessment of the gravity of the infringement. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission's overall assessment of the gravity of the infringement.

| 4. | The Advisory Committee agrees with the Commission's assessment of the duration of the infringement. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission's assessment of the duration of the infringement.

| 5. | The Advisory Committee agrees with the Commission that the amount of the fine has been correctly determined. |
| --- | --- |

5.

The Advisory Committee agrees with the Commission that the amount of the fine has been correctly determined.

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/14 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/14

---

Final report of the Hearing Officer (1)

Case COMP/39.510 — LABCO/ONP

2011/C 92/10

1.   Background

The draft decision concerns an alleged breach of Article 101 TFEU (formerly Article 81 EC) by the French Ordre National des Pharmaciens (ONP) in the market for clinical laboratory testing services. ONP is an association of pharmacists established on the basis of a French order (ordonnance) of 1945. The case results from an investigation that was opened by the Commission in response to a complaint received from LABCO SAS (LABCO), a multinational group of laboratories, on 12 October 2007. On 10 March 2008, the complaint was forwarded to the ONP, which sent its comments on 15 April 2008. Following a preliminary investigation, unannounced inspections were carried out on 12 and 13 November 2008 at the premises of ONP and a laboratory.

2.   Written and oral procedures

Further to LABCO's complaint, a Statement of Objections (SO) dated 19 October 2009 was notified to ONP and three of its organs, namely the National Council of ONP (CNOP), Section G of ONP, and the Central Council of Section G (CCG). In the SO, the Commission came to the preliminary conclusion that ONP had engaged in anti-competitive behaviour by adopting decisions pursuing two objectives: firstly, maintaining the high level of prices by means of minimum price fixing, and secondly, preventing groups of laboratories from taking over other laboratories.

ONP was originally granted eight weeks to reply to the SO. ONP requested an extension to this deadline, which I partially granted (an additional one week, to 11 January 2010) in light of the Christmas holiday period. ONP replied to the SO within this extended deadline.

ONP was granted access to the Commission file, by way of CD-ROM/DVD, on 27 October 2009.

In addition, ONP exercised its right to be heard in an Oral Hearing, which took place on 10 February 2010 and lasted half a day. LABCO, the complainant, also participated in this Oral Hearing. No third party attended the Oral Hearing. The Ordre National de Médicins had requested to be admitted as an interested third party; however, I rejected this request on the basis that it had not demonstrated a sufficient interest to be heard within the meaning of Article 13 of Regulation (EC) No 773/2004.

The proceedings raised two issues that merit attention. Firstly, it is the first case in which an association has been exposed to the imposition of a fine in application of Article 23 of Regulation (EC) No 1/2003. It follows that, in view of Article 23(4) of this Regulation, the members of ONP could be called upon to cover the amount of any fine imposed. To ensure that ONP's members were put on notice as to this possibility, I advised that ONP should inform each member about the Commission's proceedings, and the fact that they could apply to be heard in application of Article 13 of Regulation (EC) No 773/2004. I understand that this has been done.

Secondly, the inspection decisions in this case were the subject of two applications for annulment filed with the General Court (2). On 26 October 2010, the General Court rejected the application filed by the CNOP and CCG. Had the General Court upheld CNOP and CCG's appeal, this could potentially have had an impact on the evidence on which the Commission could rely to find that ONP had infringed EU competition rules in the present case. However, given that the appeal was rejected by the General Court, in my view the rights of defence in this regard have not been breached.

3.   The draft decision

The draft decision, which is addressed to all the addressees of the SO except for Section G of ONP, essentially retains the objections set out in the SO. In my view, the draft decision deals only with objections in respect of which the party has been afforded the opportunity of making known its views.

In the light of the above observations, I consider that the right to be heard has been respected in this case.

Brussels, 3 December 2010.

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

(2)  Cases T-23/09 CNOP and CCG v Commission and T-24/09 Biocaps v Commission, both filed on 21 January 2009. The application for annulment in Case T-24/09 was rejected by the General Court on 16 June 2010 on the basis that it manifestly lacked any foundation.

2

CNOP

CCG

Commission

Biocaps

Commission

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/16 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/16

---

Summary of Commission Decision

of 8 December 2010

relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (TFEU)

(Case COMP/39.510 — LABCO/ONP)

(notified under document C(2010) 8952)

(Only the French text is authentic)

(Text with EEA relevance)

2011/C 92/11

On 8 December 2010, the Commission adopted a decision relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (TFEU). In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the decision is available on the website of the Directorate-General for Competition at the following address:

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

1.   INTRODUCTION

| (1) | The Decision finds that the Ordre national des pharmaciens (National Pharmaceutical Society) or (ONP) and its decision-making bodies, the Conseil national de l’Ordre des pharmaciens (National Council) and the Conseil central de la Section G (Central Council of Section G), by taking decisions having as their object the imposition of minimum prices in the French market for clinical laboratory tests and restricting access by groups of laboratories to that market, have infringed Article 101(1) of the Treaty on the Functioning of the European Union. |
| --- | --- |

(1)

The Decision finds that the Ordre national des pharmaciens (National Pharmaceutical Society) or (ONP) and its decision-making bodies, the Conseil national de l’Ordre des pharmaciens (National Council) and the Conseil central de la Section G (Central Council of Section G), by taking decisions having as their object the imposition of minimum prices in the French market for clinical laboratory tests and restricting access by groups of laboratories to that market, have infringed Article 101(1) of the Treaty on the Functioning of the European Union.

2.   CASE DESCRIPTION

2.1.   Procedure

| (2) | On 12 October 2007, the Commission received a complaint against the ONP lodged by LABCO (2). On 19 October 2009, the Commission opened the procedure and adopted a statement of objections, which was notified to the parties on 20 October 2009. The ONP exercised its right to be heard during a hearing which took place on 10 February 2010. The Hearing Officer's final report was adopted on 3 December 2010. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the preliminary draft decision on 22 November 2010 and on the amount of the fine on 3 December 2010. The decision was adopted by the Commission on 8 December 2010. |
| --- | --- |

(2)

On 12 October 2007, the Commission received a complaint against the ONP lodged by LABCO (2). On 19 October 2009, the Commission opened the procedure and adopted a statement of objections, which was notified to the parties on 20 October 2009. The ONP exercised its right to be heard during a hearing which took place on 10 February 2010. The Hearing Officer's final report was adopted on 3 December 2010. The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on the preliminary draft decision on 22 November 2010 and on the amount of the fine on 3 December 2010. The decision was adopted by the Commission on 8 December 2010.

2.2.   Summary of the infringement

| (3) | The behaviour which is the subject of this investigation consists of all of the decisions of the ONP aimed at imposing a minimum price in the French market for clinical laboratory tests and at preventing groups of laboratories from developing in that market. |
| --- | --- |

(3)

The behaviour which is the subject of this investigation consists of all of the decisions of the ONP aimed at imposing a minimum price in the French market for clinical laboratory tests and at preventing groups of laboratories from developing in that market.

| (4) | The documents gathered during the investigation indicate that between 2004 and 2008, the ONP tried with growing insistence to impose a minimum market price. With a view to imposing a minimum market price, the ONP sent letters to a very large number of laboratories which, as the law obliged them to do, had given notice of contracts for cooperation with other laboratories or hospitals, where the contracts involved rebates deemed by the ONP to be too large. In all these letters, the ONP refers explicitly to the Code of Ethics and hence threatens to have recourse to its disciplinary powers. In several cases, the ONP even copied its letters to the decentralised state services in an attempt to give more weight and the semblance of legality to its demands. |
| --- | --- |

(4)

The documents gathered during the investigation indicate that between 2004 and 2008, the ONP tried with growing insistence to impose a minimum market price. With a view to imposing a minimum market price, the ONP sent letters to a very large number of laboratories which, as the law obliged them to do, had given notice of contracts for cooperation with other laboratories or hospitals, where the contracts involved rebates deemed by the ONP to be too large. In all these letters, the ONP refers explicitly to the Code of Ethics and hence threatens to have recourse to its disciplinary powers. In several cases, the ONP even copied its letters to the decentralised state services in an attempt to give more weight and the semblance of legality to its demands.

| (5) | Systematically tracking down professional partnerships belonging to groups of laboratories, the ONP took, between 14 October 2003 and at least until the notification of the statement of objections on 21 October 2009, a great many decisions aimed at preventing laboratory groups from developing in the market for clinical laboratory tests. These decisions are of four types: i decisions aimed at prohibiting the stripping of shares in professional partnerships; ii decisions aimed at ensuring that share movements are immediately notified to the ONP; iii decisions aimed at ensuring that biochemist pharmacists hold a minimum equity stake; and iv decisions aimed at ensuring that any amendment of the statutes or directorial appointment has the prior approval of the ONP. |
| --- | --- |

(5)

Systematically tracking down professional partnerships belonging to groups of laboratories, the ONP took, between 14 October 2003 and at least until the notification of the statement of objections on 21 October 2009, a great many decisions aimed at preventing laboratory groups from developing in the market for clinical laboratory tests. These decisions are of four types: i decisions aimed at prohibiting the stripping of shares in professional partnerships; ii decisions aimed at ensuring that share movements are immediately notified to the ONP; iii decisions aimed at ensuring that biochemist pharmacists hold a minimum equity stake; and iv decisions aimed at ensuring that any amendment of the statutes or directorial appointment has the prior approval of the ONP.

| (6) | Insofar as the ONP uses or threatens to have recourse to its disciplinary powers, the decisions of the ONP at issue take effect as part of the exercise of regulatory powers over market operators delegated by the State to the ONP for the performance of its tasks. However, the case file shows that these decisions only have the appearance of decisions enforcing compliance with ethical rules because where the ONP relies on ethical rules to justify its decisions, it is in order to obtain the interpretation which is most favourable to its anti - competitive objectives and which differs systematically from the official interpretation by the French State, and often from that of its own departments. |
| --- | --- |

(6)

Insofar as the ONP uses or threatens to have recourse to its disciplinary powers, the decisions of the ONP at issue take effect as part of the exercise of regulatory powers over market operators delegated by the State to the ONP for the performance of its tasks. However, the case file shows that these decisions only have the appearance of decisions enforcing compliance with ethical rules because where the ONP relies on ethical rules to justify its decisions, it is in order to obtain the interpretation which is most favourable to its anti - competitive objectives and which differs systematically from the official interpretation by the French State, and often from that of its own departments.

3.   DECISION

| (7) | By taking decisions having as their objective the imposition of minimum prices in the French market for clinical laboratory tests and the restriction of access to that market by groups of laboratories, the Ordre national des pharmaciens and its decision-making bodies, the Conseil national de l’Ordre des pharmaciens and the Conseil central de la Section G, have infringed Article 101(1) of the Treaty on the Functioning of the European Union. |
| --- | --- |

(7)

By taking decisions having as their objective the imposition of minimum prices in the French market for clinical laboratory tests and the restriction of access to that market by groups of laboratories, the Ordre national des pharmaciens and its decision-making bodies, the Conseil national de l’Ordre des pharmaciens and the Conseil central de la Section G, have infringed Article 101(1) of the Treaty on the Functioning of the European Union.

| (8) | The Ordre national des pharmaciens and its decision-making bodies are ordered to immediately bring to an end the above infringement and to refrain from repeating any act or conduct having the same or similar object or effect. |
| --- | --- |

(8)

The Ordre national des pharmaciens and its decision-making bodies are ordered to immediately bring to an end the above infringement and to refrain from repeating any act or conduct having the same or similar object or effect.

| (9) | For the infringement in question, a fine of EUR 5 million is hereby imposed jointly and severally on the Ordre national des pharmaciens, the Conseil national de l’Ordre des pharmaciens, and the Conseil central de la Section G de l’Ordre des pharmaciens. |
| --- | --- |

(9)

For the infringement in question, a fine of EUR 5 million is hereby imposed jointly and severally on the Ordre national des pharmaciens, the Conseil national de l’Ordre des pharmaciens, and the Conseil central de la Section G de l’Ordre des pharmaciens.

---

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

(2)  LABCO is a European group of clinical laboratories present especially in France and Spain, but also active in the German, Italian and other markets.

---

NOTICES FROM MEMBER STATES

| 24.3.2011 | EN | Official Journal of the European Union | C 92/18 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/18

---

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

(Text with EEA relevance)

2011/C 92/12

Aid No: XF 17/09

Member State: Italy

Region/authority granting the aid: Provincia Autonoma di Trento

Title of aid scheme: Agevolazioni per l’acquacoltura e l’elicicoltura

Legal basis:

| — | L.P. 28 marzo 2003, n. 4, articolo 45; |
| --- | --- |

—

L.P. 28 marzo 2003, n. 4, articolo 45;

| — | deliberazione avente per oggetto: Legge provinciale 28 marzo 2003, n. 4 e s.m.i., recante norme per il «Sostegno dell’economia agricola, disciplina dell’agricoltura biologica e della contrassegnazione di prodotti geneticamente non modificati»: approvazione dei criteri e delle modalità per l'attuazione delle iniziative previste dall’art. 45 (Agevolazioni per l’acquacoltura e l’elicicoltura) |
| --- | --- |

—

deliberazione avente per oggetto: Legge provinciale 28 marzo 2003, n. 4 e s.m.i., recante norme per il «Sostegno dell’economia agricola, disciplina dell’agricoltura biologica e della contrassegnazione di prodotti geneticamente non modificati»: approvazione dei criteri e delle modalità per l'attuazione delle iniziative previste dall’art. 45 (Agevolazioni per l’acquacoltura e l’elicicoltura)

Annual expenditure planned under the scheme: EUR 2 million

Maximum aid intensity: 70 %

Date of entry into force:

Duration of aid scheme: Until 31 December 2013

Objective of aid: The scheme aims to make businesses operating in the aquaculture sector more profitable and competitive through activities aimed at improving and renewing business facilities and their technical equipment, as well as through aid for the processing and marketing of aquaculture products, and finally through the clean-up and subsequent repopulation of aquaculture facilities in which diseases were found.

Indicate which of Article(s) 8 to 24 is used: 11 (Aid for productive investments in aquaculture), 14 (Aid for animal health measures), 16 (Aid for processing and marketing)

Activity concerned: Aquaculture and snail farming

Name and address of the authority granting the aid:

| Provincia Autonoma di Trento |
| --- |
| Servizio Aziende agricole e territorio rurale |
| Via G.B. Trener 3 |
| 38121 Trento TN |
| ITALIA |

Provincia Autonoma di Trento

Servizio Aziende agricole e territorio rurale

Via G.B. Trener 3

38121 Trento TN

ITALIA

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.trentinoagricoltura.it/

Other information:

| — | provincial laws available on the following website:
  http://www.consiglio.provincia.tn.it/banche_dati/codice_provinciale/clex_ricerca_per_campi.it.asp |
| --- | --- |

—

provincial laws available on the following website:

http://www.consiglio.provincia.tn.it/banche_dati/codice_provinciale/clex_ricerca_per_campi.it.asp

| — | deliberations of the provincial executive available on the following website:
  http://www.delibere.provincia.tn.it/ |
| --- | --- |

—

deliberations of the provincial executive available on the following website:

http://www.delibere.provincia.tn.it/

Indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: This scheme has been set up in addition to aid schemes established by the Provincia autonoma di Trento under the EFF for two reasons:

firstly, for financial reasons, the EFF's resources being limited,

furthermore, there is need for aid in cases where fish farms are cleaned up following infectious diseases, as such cases are not covered by the EFF.

Aid No: XF 38/10

Member State: Spain

Region/authority granting the aid: Comunitat Valenciana/Generalitat

Title of aid scheme/name of company receiving ad hoc aid: Convenio de colaboración entre la Generalitat Valenciana, el Ayuntamiento de Calpe y la Cofradía de pescadores de Calpe para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Legal basis: Convenio de colaboración entre la Generalitat Valenciana, a través de la Conselleria de Agricultura, Pesca y Alimentación, el Ayuntamiento de Calpe y la Cofradía de pescadores de Calpe para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Annual expenditure planned under the scheme or amount of ad hoc aid granted: EUR 10 000

Maximum aid intensity: 50 % of eligible expenditure (the remaining 50 % will be financed from the budget of the Ayuntamiento de Calpe (Calpe Municipal Council))

Date of entry into force:

Duration of scheme or individual aid award, indicate:

| — | under the scheme: the date until which aid may be granted |
| --- | --- |

—

under the scheme: the date until which aid may be granted

| — | in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010 |
| --- | --- |

—

in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010

Objective of aid: Development of a policy of quality and value enhancement, development of new markets or promotional campaigns for fresh fishery products

Indicate which of Article(s) 8 to 24 is used: Article 20

Activity concerned: Promotion of fresh fishery products

Name and address of the granting authority:

| Generalitat de la Comunitat Valenciana |
| --- |
| Conselleria de Agricultura, Pesca y Alimentación |
| C/ Amadeo de Saboya, 2 |
| 46010 Valencia |
| ESPAÑA |

Generalitat de la Comunitat Valenciana

Conselleria de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, 2

46010 Valencia

ESPAÑA

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.agricultura.gva.es/web/web/guest/pesca/areas-de-trabajo/actividades-de-promocion/convenios-con-ayuntamientos-y-cofradias-de-pescadores

Motivation: indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: The aid is financed by the Generalitat (Regional Government) using its own funds and is not co-financed by the EEF.

Aid No: XF 39/10

Member State: Spain

Region/authority granting the aid: Comunitat Valenciana/Generalitat

Title of aid scheme/name of company receiving ad hoc aid: Convenio de colaboración entre la Generalitat Valenciana, el Ayuntamiento del Campello y la Cofradía de pescadores del Campello para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Legal basis: Convenio de colaboración entre la Generalitat Valenciana, a través de la Conselleria de Agricultura, Pesca y Alimentación, el Ayuntamiento del Campello y la Cofradía de pescadores del Campello para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Annual expenditure planned under the scheme or amount of ad hoc aid granted: EUR 10 000

Maximum aid intensity: 50 % of eligible expenditure (the remaining 50 % will be financed from the budget of the Ayuntamiento del Campello (Campello Municipal Council))

Date of entry into force:

Duration of scheme or individual aid award, indicate:

| — | under the scheme: the date until which aid may be granted |
| --- | --- |

—

under the scheme: the date until which aid may be granted

| — | in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010 |
| --- | --- |

—

in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010

Objective of aid: Development of a policy of quality and value enhancement, development of new markets or promotional campaigns for fresh fishery products

Indicate which of Article(s) 8 to 24 is used: Article 20

Activity concerned: Promotion of fresh fishery products

Name and address of the granting authority:

| Generalitat de la Comunitat Valenciana |
| --- |
| Conselleria de Agricultura, Pesca y Alimentación |
| C/ Amadeo de Saboya, 2 |
| 46010 Valencia |
| ESPAÑA |

Generalitat de la Comunitat Valenciana

Conselleria de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, 2

46010 Valencia

ESPAÑA

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.agricultura.gva.es/web/web/guest/pesca/areas-de-trabajo/actividades-de-promocion/convenios-con-ayuntamientos-y-cofradias-de-pescadores

Motivation: indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: The aid is financed by the Generalitat (Regional Government) using its own funds and is not co-financed by the EEF.

Aid No: XF 40/10

Member State: Spain

Region/authority granting the aid: Comunitat Valenciana/Generalitat

Title of aid scheme/name of company receiving ad hoc aid: Convenio de colaboración entre la Generalitat Valenciana, el Ayuntamiento de Castellón y la Cofradía de pescadores de Castellón para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Legal basis: Convenio de colaboración entre la Generalitat Valenciana, a través de la Conselleria de Agricultura, Pesca y Alimentación, el Ayuntamiento de Castellón y la Cofradía de pescadores de Castellón para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Annual expenditure planned under the scheme or amount of ad hoc aid granted: EUR 10 000

Maximum aid intensity: 50 % of eligible expenditure (the remaining 50 % will be financed from the budget of the Ayuntamiento de Castellón (Castellón Municipal Council))

Date of entry into force:

Duration of scheme or individual aid award, indicate:

| — | under the scheme: the date until which aid may be granted |
| --- | --- |

—

under the scheme: the date until which aid may be granted

| — | in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010 |
| --- | --- |

—

in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010

Objective of aid: Development of a policy of quality and value enhancement, development of new markets or promotional campaigns for fresh fishery products

Indicate which of Article(s) 8 to 24 is used: Article 20

Activity concerned: Promotion of fresh fishery products

Name and address of the granting authority:

| Generalitat de la Comunitat Valenciana |
| --- |
| Conselleria de Agricultura, Pesca y Alimentación |
| C/ Amadeo de Saboya, 2 |
| 46010 Valencia |
| ESPAÑA |

Generalitat de la Comunitat Valenciana

Conselleria de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, 2

46010 Valencia

ESPAÑA

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.agricultura.gva.es/web/web/guest/pesca/areas-de-trabajo/actividades-de-promocion/convenios-con-ayuntamientos-y-cofradias-de-pescadores

Motivation: indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: The aid is financed by the Generalitat (Regional Government) using its own funds and is not co-financed by the EEF.

Aid No: XF 41/10

Member State: Spain

Region/authority granting the aid: Comunitat Valenciana/Generalitat

Title of aid scheme/name of company receiving ad hoc aid: Convenio de colaboración entre la Generalitat Valenciana, el Ayuntamiento de Peñíscola y la Cofradía de pescadores de Peñíscola para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Legal basis: Convenio de colaboración entre la Generalitat Valenciana, a través de la Conselleria de Agricultura, Pesca y Alimentación, el Ayuntamiento de Peñíscola y la Cofradía de pescadores de Peñíscola para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Annual expenditure planned under the scheme or amount of ad hoc aid granted: EUR 10 000

Maximum aid intensity: 50 % of eligible expenditure (the remaining 50 % will be financed from the budget of the Ayuntamiento de Peñíscola (Peñíscola Municipal Council))

Date of entry into force:

Duration of scheme or individual aid award, indicate:

| — | under the scheme: the date until which aid may be granted |
| --- | --- |

—

under the scheme: the date until which aid may be granted

| — | in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010 |
| --- | --- |

—

in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010

Objective of aid: Development of a policy of quality and value enhancement, development of new markets or promotional campaigns for fresh fishery products

Indicate which of Article(s) 8 to 24 is used: Article 20

Activity concerned: Promotion of fresh fishery products

Name and address of the granting authority:

| Generalitat de la Comunitat Valenciana |
| --- |
| Conselleria de Agricultura, Pesca y Alimentación |
| C/ Amadeo de Saboya, 2 |
| 46010 Valencia |
| ESPAÑA |

Generalitat de la Comunitat Valenciana

Conselleria de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, 2

46010 Valencia

ESPAÑA

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.agricultura.gva.es/web/web/guest/pesca/areas-de-trabajo/actividades-de-promocion/convenios-con-ayuntamientos-y-cofradias-de-pescadores

Motivation: indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: The aid is financed by the Generalitat (Regional Government) using its own funds and is not co-financed by the EEF.

---

| 24.3.2011 | EN | Official Journal of the European Union | C 92/22 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/22

---

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

(Text with EEA relevance)

2011/C 92/13

Aid No: XF 42/10

Member State: Spain

Region/Authority granting the aid: Comunitat Valenciana/Generalitat

Title of aid scheme/name of company receiving ad hoc aid: Convenio de colaboración entre la Generalitat Valenciana, el Ayuntamiento de Santa Pola y la Cofradía de pescadores de Santa Pola para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Legal basis: Convenio de colaboración entre la Generalitat Valenciana, a través de la Conselleria de Agricultura, Pesca y Alimentación, el Ayuntamiento de Santa Pola y la Cofradía de pescadores de Santa Pola para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Annual expenditure planned under the scheme or amount of ad hoc aid granted: EUR 10 000

Maximum aid intensity: 50 % of eligible expenditure (the remaining 50 % will be financed from the budget of the Ayuntamiento de Santa Pola (Santa Pola Municipal Council))

Date of entry into force:

Duration of scheme or individual aid award indicate:

| — | under the scheme: the date until which aid may be granted |
| --- | --- |

—

under the scheme: the date until which aid may be granted

| — | in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010 |
| --- | --- |

—

in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010

Objective of aid: Development of a policy of quality and value enhancement, development of new markets or promotional campaigns for fresh fishery products

Indicate which of Article(s) 8 to 24 is used: Article 20

Activity concerned: Promotion of fresh fishery products

Name and address of the granting authority:

| Generalitat de la Comunitat Valenciana |
| --- |
| Conselleria de Agricultura, Pesca y Alimentación |
| C/ Amadeo de Saboya, 2 |
| 46010 Valencia |
| ESPAÑA |

Generalitat de la Comunitat Valenciana

Conselleria de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, 2

46010 Valencia

ESPAÑA

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.agricultura.gva.es/web/web/guest/pesca/areas-de-trabajo/actividades-de-promocion/convenios-con-ayuntamientos-y-cofradias-de-pescadores

Motivation: indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: The aid is financed by the Generalitat (Regional Government) using its own funds and is not co-financed by the EEF.

Aid No: XF 43/10

Member State: Spain

Region/Authority granting the aid: Comunitat Valenciana/Generalitat

Title of aid scheme/name of company receiving ad hoc aid: Convenio de colaboración entre la Generalitat Valenciana, el Ayuntamiento de Vinaròs y la Cofradía de pescadores de Vinaròs para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Legal basis: Convenio de colaboración entre la Generalitat Valenciana, a través de la Conselleria de Agricultura, Pesca y Alimentación, el Ayuntamiento de Vinaròs y la Cofradía de pescadores de Vinaròs para la promoción de los productos pesqueros frescos en la Comunitat Valenciana

Annual expenditure planned under the scheme or amount of ad hoc aid granted: EUR 10 000

Maximum aid intensity: 50 % of eligible expenditure (the remaining 50 % will be financed from the budget of the Ayuntamiento de Vinaròs (Vinaròs Municipal Council))

Date of entry into force:

Duration of scheme or individual aid award indicate:

| — | under the scheme: the date until which aid may be granted |
| --- | --- |

—

under the scheme: the date until which aid may be granted

| — | in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010 |
| --- | --- |

—

in the case of ad hoc aid: the expected date of the last instalment to be paid: 31 December 2010

Objective of aid: Development of a policy of quality and value enhancement, development of new markets or promotional campaigns for fresh fishery products

Indicate which of Article(s) 8 to 24 is used: Article 20

Activity concerned: Promotion of fresh fishery products

Name and address of the granting authority:

| Generalitat de la Comunitat Valenciana |
| --- |
| Conselleria de Agricultura, Pesca y Alimentación |
| C/ Amadeo de Saboya, 2 |
| 46010 Valencia |
| ESPAÑA |

Generalitat de la Comunitat Valenciana

Conselleria de Agricultura, Pesca y Alimentación

C/ Amadeo de Saboya, 2

46010 Valencia

ESPAÑA

Web address where the full text of the scheme or the criteria and conditions under which ad hoc aid is granted outside of an aid scheme can be found: http://www.agricultura.gva.es/web/web/guest/pesca/areas-de-trabajo/actividades-de-promocion/convenios-con-ayuntamientos-y-cofradias-de-pescadores

Motivation: indicate why a State aid scheme has been established instead of assistance under the European Fisheries Fund: The aid is financed by the Generalitat (Regional Government) using its own funds and is not co-financed by the EEF.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 24.3.2011 | EN | Official Journal of the European Union | C 92/24 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/24

---

Prior notification of a concentration

(Case COMP/M.6085 — Costa Crociere/Alpitour/Welcome JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 92/14

| 1. | On 16 March 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Costa Crociere SpA (‘Costa’, Italy), ultimately controlled by Carnival Corporation (Panama) & Carnival PLC (United Kingdom), and Alpitour SpA (‘Alpitour’, Italy) controlled by the Exor Group (Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Welcome Travel Group SpA (‘Welcome’, Italy), currently controlled by Alpitour, by way of a purchase of shares. |
| --- | --- |

1.

On 16 March 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Costa Crociere SpA (‘Costa’, Italy), ultimately controlled by Carnival Corporation (Panama) & Carnival PLC (United Kingdom), and Alpitour SpA (‘Alpitour’, Italy) controlled by the Exor Group (Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Welcome Travel Group SpA (‘Welcome’, Italy), currently controlled by Alpitour, by way of a purchase of shares.

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






  — | Costa operates cruise ships and provides cruises, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Costa operates cruise ships and provides cruises,

| — | Alpitour is a tour operator and provides travel agency, air transport, hotels and destination services, |
| --- | --- |

—

Alpitour is a tour operator and provides travel agency, air transport, hotels and destination services,

| — | Welcome operates a network of travel agencies in Italy. |
| --- | --- |

—

Welcome operates a network of travel agencies in Italy.

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

3.

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

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6085 — Costa Crociere/Alpitour/Welcome JV, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6085 — Costa Crociere/Alpitour/Welcome JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

---

Corrigenda

| 24.3.2011 | EN | Official Journal of the European Union | C 92/25 |
| --- | --- | --- | --- |

24.3.2011

EN

Official Journal of the European Union

C 92/25

---

Corrigendum to State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the Treaty on the Functioning of the European Union where the Member State concerned has accepted those measures

(
  Official Journal of the European Union C 79 of 12 March 2011
  )

2011/C 92/15

On pages 2 and 3, the correct title for State aid N 481/10, N 520/10 and N 542/10 should read:

---