# Official Journal C 246/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.246.eng |
| --- | --- |
| Official Journal
  of the European Union | C 246 |
| | |
| English edition | Information and Notices | Volume 5214 October 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.246.eng

Official Journal

of the European Union

C 246

English edition

Information and Notices

Volume 5214 October 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Central Bank |
| 2009/C 246/01 | Opinion of the European Central Bank of 29 September 2009 on a proposal for a Council Regulation on the introduction of the euro (CON/2009/76) | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Central Bank

2009/C 246/01

Opinion of the European Central Bank of 29 September 2009 on a proposal for a Council Regulation on the introduction of the euro (CON/2009/76)

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 246/02 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 3 |
| 2009/C 246/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 5 |
| 2009/C 246/04 | Non-opposition to a notified concentration (Case COMP/M.5530 — Glaxo Smith Kline/Stiefel Laboratories) (
  1
  ) | 6 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 246/02

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

1

3

2009/C 246/03

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

1

5

2009/C 246/04

Non-opposition to a notified concentration (Case COMP/M.5530 — Glaxo Smith Kline/Stiefel Laboratories) (
  1
  )

1

6

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 246/05 | Euro exchange rates | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 246/05

Euro exchange rates

7

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Investment Bank |
| 2009/C 246/06 | Call for proposals — The European Investment Bank proposes a new EIBURS sponsorship within its EIB-Universities Research Action | 8 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 246/07 | Prior notification of a concentration (Case COMP/M.5616 — SG Vetri/Zignago Vetro/Ardagh Glass/Ecosud) (
  1
  ) | 10 |
| 2009/C 246/08 | Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 11 |
| | OTHER ACTS |
| | Commission |
| 2009/C 246/09 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 12 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Investment Bank

2009/C 246/06

Call for proposals — The European Investment Bank proposes a new EIBURS sponsorship within its EIB-Universities Research Action

8

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 246/07

Prior notification of a concentration (Case COMP/M.5616 — SG Vetri/Zignago Vetro/Ardagh Glass/Ecosud) (
  1
  )

1

10

2009/C 246/08

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

11

OTHER ACTS

Commission

2009/C 246/09

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

12

| | Corrigenda |
| --- | --- |
| 2009/C 246/10 | Corrigendum to Commission opinions within the framework of Article 17(5) of Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time (The Working Time Directive) (OJ C 245, 13.10.2009) | 17 |

Corrigenda

2009/C 246/10

Corrigendum to Commission opinions within the framework of Article 17(5) of Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time (The Working Time Directive) (OJ C 245, 13.10.2009)

(OJ C 245, 13.10.2009)

17

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

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(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

OPINIONS

European Central Bank

| 14.10.2009 | EN | Official Journal of the European Union | C 246/1 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/1

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OPINION OF THE EUROPEAN CENTRAL BANK

of 29 September 2009

on a proposal for a Council Regulation on the introduction of the euro

(codified version)

(CON/2009/76)

2009/C 246/01

Introduction and legal basis

On 15 July 2009, the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a Council Regulation on the introduction of the euro (codified version) (1) (hereinafter the ‘proposed regulation’).

The ECB’s competence to deliver an opinion is based on Article 123(4), third sentence, of the Treaty establishing the European Community. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

The ECB generally welcomes codification of the acquis communautaire, and in particular in the field of economic and monetary union, which contributes to a clear, effective and transparent legal framework.

A specific drafting proposal is set out in the Annex accompanied by explanatory text to this effect.

Done at Frankfurt am Main, 29 September 2009.

The President of the ECB

Jean-Claude TRICHET

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(1)  COM(2009) 323 final.

1

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ANNEX

Drafting proposals

| Text proposed by the Commission | Amendments proposed by the ECB (1), (2) |
| --- | --- |
| Amendment 1


  Final provision |
| ‘This Regulation shall be binding in its entirety and directly applicable in all Member States, in accordance with Article 249 of the Treaty, subject to the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and the Protocol on certain provisions relating to Denmark and Article 122(1) of the Treaty.’ | ‘This Regulation shall be binding in its entirety and directly applicable in all Member States, in accordance with Article 249 of the Treaty, subject to the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and the Protocol on certain provisions relating to Denmark and Article 122(1) of the Treaty establishing the European Community.’ |
| Explanation


  The suggested wording follows the guidance provided by the manual of precedents for acts established within the Council of the European Union (doc. SN 1315/1/08 Rev 1, page 3), available on http://ec.europa.eu, according to which ‘This wording is to be inserted instead of the usual wording when the regulation is not applicable to, or in, all Member States (e.g. Member States not taking part in the euro...)’. |

Text proposed by the Commission

Amendments proposed by the ECB (1), (2)

Amendment 1

Final provision

‘This Regulation shall be binding in its entirety and directly applicable in all Member States, in accordance with Article 249 of the Treaty, subject to the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and the Protocol on certain provisions relating to Denmark and Article 122(1) of the Treaty.’

‘This Regulation shall be binding in its entirety and directly applicable in all Member States, in accordance with Article 249 of the Treaty, subject to the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and the Protocol on certain provisions relating to Denmark and Article 122(1) of the Treaty establishing the European Community.’

Explanation

The suggested wording follows the guidance provided by the manual of precedents for acts established within the Council of the European Union (doc. SN 1315/1/08 Rev 1, page 3), available on http://ec.europa.eu, according to which ‘This wording is to be inserted instead of the usual wording when the regulation is not applicable to, or in, all Member States (e.g. Member States not taking part in the euro...)’.

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(1)  Bold in the body of the text indicates where the ECB proposes inserting new text.

(2)  Strikethrough in the body of the text indicates where the ECB proposes deleting text.

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 14.10.2009 | EN | Official Journal of the European Union | C 246/3 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/3

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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 246/02

| Date of adoption of the decision | 11.9.2009 |
| --- | --- |
| Reference number of State Aid | N 175/09 |
| Member State | Bulgaria |
| Region | All Bulgarian territory |
| Title (and/or name of the beneficiary) | N 175/09 (ex PN 132/08) — България — Средства от републиканския бюджет под формата на капиталови трансфери за модернизация на подвижен железопътен състав за пътнически превози за „БДЖ“ ЕАД |
| Legal basis | Закон за държавния бюджет на Р.България за 2009 г. — § 7 от преходните и заключителни разпоредби;
  Постановление No 11 от 20 януари 2009 година за разходване на средствата от резерва за непредвидени и неотложни разходи в частта за допълнителни фискални мерки по чл. 1, ал. 2, т. 4.3 от Закона за държавния бюджет на Република България;
  Решение на НС от 19 февруари 2009 г. по доклада на Временната анкетна комисия за проучване на обстоятелствата за трагичния инцидент влака София — Кардам на 28 февруари 2008 г., както и на нормативната уредба, свързана с безопасността на железопътния транспорт. |
| Type of measure | Ad hoc individual aid |
| Objective | Regional development |
| Form of aid | Direct grant for renewal, recycling and modernisation of railway rolling stock |
| Budget | BGN 45 000 000 (EUR 22 752 500) |
| Intensity | 50 % |
| Duration (period) | Until 31 December 2009 |
| Economic sectors | Rail transport |
| Name and address of the granting authority | Министерство на финансите |
| ул. „Г.С.Раковски“ No 102 |
| 1000 София/Sofia |
| БЪЛГАРИЯ/BULGARIA |

Date of adoption of the decision

11.9.2009

Reference number of State Aid

N 175/09

Member State

Bulgaria

Region

All Bulgarian territory

Title (and/or name of the beneficiary)

N 175/09 (ex PN 132/08) — България — Средства от републиканския бюджет под формата на капиталови трансфери за модернизация на подвижен железопътен състав за пътнически превози за „БДЖ“ ЕАД

Legal basis

Закон за държавния бюджет на Р.България за 2009 г. — § 7 от преходните и заключителни разпоредби;

Постановление No 11 от 20 януари 2009 година за разходване на средствата от резерва за непредвидени и неотложни разходи в частта за допълнителни фискални мерки по чл. 1, ал. 2, т. 4.3 от Закона за държавния бюджет на Република България;

Решение на НС от 19 февруари 2009 г. по доклада на Временната анкетна комисия за проучване на обстоятелствата за трагичния инцидент влака София — Кардам на 28 февруари 2008 г., както и на нормативната уредба, свързана с безопасността на железопътния транспорт.

Type of measure

Ad hoc individual aid

Objective

Regional development

Form of aid

Direct grant for renewal, recycling and modernisation of railway rolling stock

Budget

BGN 45 000 000 (EUR 22 752 500)

Intensity

50 %

Duration (period)

Until 31 December 2009

Economic sectors

Rail transport

Name and address of the granting authority

Министерство на финансите

ул. „Г.С.Раковски“ No 102

1000 София/Sofia

БЪЛГАРИЯ/BULGARIA

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 | 10.9.2009 |
| --- | --- |
| Reference number of State Aid | N 184/09 |
| Member State | Germany |
| Region | — |
| Title (and/or name of the beneficiary) | Richtlinie zur Förderung des Neu- und Ausbaus sowie der Reaktivierung von privaten Gleisanschlüssen |
| Legal basis | Richtlinie zur Förderung des Neu- und Ausbaus sowie der Reaktivierung von privaten Gleisanschlüssen auf der Grundlage der Allgemeinen Verwaltungsvorschriften (VV-BHO) zu §§ 23, 44 Bundeshaushaltsordnung (BHO) |
| Type of measure | Aid scheme |
| Objective | To grant funding for the construction, extension and reactivation of private railway sidings in order to increase rail freight traffic with the aim to shift a proportion of freight traffic from road to rail |
| Form of aid | Direct grant |
| Budget | EUR 32 million per year and a total budget of EUR 96 million |
| Intensity | 50 % |
| Duration (period) | 1 September 2009 to 31 August 2012 |
| Economic sectors | Rail transport |
| Name and address of the granting authority | — |
| Other information | — |

Date of adoption of the decision

10.9.2009

Reference number of State Aid

N 184/09

Member State

Germany

Region

—

Title (and/or name of the beneficiary)

Richtlinie zur Förderung des Neu- und Ausbaus sowie der Reaktivierung von privaten Gleisanschlüssen

Legal basis

Richtlinie zur Förderung des Neu- und Ausbaus sowie der Reaktivierung von privaten Gleisanschlüssen auf der Grundlage der Allgemeinen Verwaltungsvorschriften (VV-BHO) zu §§ 23, 44 Bundeshaushaltsordnung (BHO)

Type of measure

Aid scheme

Objective

To grant funding for the construction, extension and reactivation of private railway sidings in order to increase rail freight traffic with the aim to shift a proportion of freight traffic from road to rail

Form of aid

Direct grant

Budget

EUR 32 million per year and a total budget of EUR 96 million

Intensity

50 %

Duration (period)

1 September 2009 to 31 August 2012

Economic sectors

Rail transport

Name and address of the granting authority

—

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

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| 14.10.2009 | EN | Official Journal of the European Union | C 246/5 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/5

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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 246/03

| Date of adoption of the decision | 27.5.2009 |
| --- | --- |
| Reference number of State Aid | N 471/05 |
| Member State | Italy |
| Region | Abruzzo |
| Title (and/or name of the beneficiary) | Risarcimento dei danni subiti dagli acquacoltori |
| Legal basis | Legge finanziaria regionale n. 6/2005 |
| Type of measure | Aid scheme |
| Objective | Compensation for damage |
| Form of aid | Direct grant |
| Budget | EUR 9 600 |
| Intensity | 40 % |
| Duration (period) | One financial year |
| Economic sectors | Aquaculture |
| Name and address of the granting authority | Giunta Regionale |
| Via Catullo n. 17 |
| 65127 Pescara PE |
| ITALIA |

Date of adoption of the decision

27.5.2009

Reference number of State Aid

N 471/05

Member State

Italy

Region

Abruzzo

Title (and/or name of the beneficiary)

Risarcimento dei danni subiti dagli acquacoltori

Legal basis

Legge finanziaria regionale n. 6/2005

Type of measure

Aid scheme

Objective

Compensation for damage

Form of aid

Direct grant

Budget

EUR 9 600

Intensity

40 %

Duration (period)

One financial year

Economic sectors

Aquaculture

Name and address of the granting authority

Giunta Regionale

Via Catullo n. 17

65127 Pescara PE

ITALIA

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

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| 14.10.2009 | EN | Official Journal of the European Union | C 246/6 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/6

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Non-opposition to a notified concentration

(Case COMP/M.5530 — Glaxo Smith Kline/Stiefel Laboratories)

(Text with EEA relevance)

2009/C 246/04

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

| — | 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 32009M5530. 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 32009M5530. 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

| 14.10.2009 | EN | Official Journal of the European Union | C 246/7 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/7

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Euro exchange rates (1)

13 October 2009

2009/C 246/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4864 |
| JPY | Japanese yen | 133,02 |
| DKK | Danish krone | 7,4441 |
| GBP | Pound sterling | 0,94080 |
| SEK | Swedish krona | 10,3390 |
| CHF | Swiss franc | 1,5170 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3280 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,923 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 268,79 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7090 |
| PLN | Polish zloty | 4,2330 |
| RON | Romanian leu | 4,2960 |
| TRY | Turkish lira | 2,1660 |
| AUD | Australian dollar | 1,6341 |
| CAD | Canadian dollar | 1,5308 |
| HKD | Hong Kong dollar | 11,5198 |
| NZD | New Zealand dollar | 2,0118 |
| SGD | Singapore dollar | 2,0753 |
| KRW | South Korean won | 1 736,20 |
| ZAR | South African rand | 10,8834 |
| CNY | Chinese yuan renminbi | 10,1469 |
| HRK | Croatian kuna | 7,2540 |
| IDR | Indonesian rupiah | 14 039,86 |
| MYR | Malaysian ringgit | 5,0411 |
| PHP | Philippine peso | 69,055 |
| RUB | Russian rouble | 43,8885 |
| THB | Thai baht | 49,490 |
| BRL | Brazilian real | 2,5738 |
| MXN | Mexican peso | 19,5910 |
| INR | Indian rupee | 68,8870 |

Currency

Exchange rate

USD

US dollar

1,4864

JPY

Japanese yen

133,02

DKK

Danish krone

7,4441

GBP

Pound sterling

0,94080

SEK

Swedish krona

10,3390

CHF

Swiss franc

1,5170

ISK

Iceland króna

NOK

Norwegian krone

8,3280

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,923

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

268,79

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7090

PLN

Polish zloty

4,2330

RON

Romanian leu

4,2960

TRY

Turkish lira

2,1660

AUD

Australian dollar

1,6341

CAD

Canadian dollar

1,5308

HKD

Hong Kong dollar

11,5198

NZD

New Zealand dollar

2,0118

SGD

Singapore dollar

2,0753

KRW

South Korean won

1 736,20

ZAR

South African rand

10,8834

CNY

Chinese yuan renminbi

10,1469

HRK

Croatian kuna

7,2540

IDR

Indonesian rupiah

14 039,86

MYR

Malaysian ringgit

5,0411

PHP

Philippine peso

69,055

RUB

Russian rouble

43,8885

THB

Thai baht

49,490

BRL

Brazilian real

2,5738

MXN

Mexican peso

19,5910

INR

Indian rupee

68,8870

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

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V Announcements

ADMINISTRATIVE PROCEDURES

European Investment Bank

| 14.10.2009 | EN | Official Journal of the European Union | C 246/8 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/8

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Call for proposals

The European Investment Bank proposes a new EIBURS sponsorship within its EIB-Universities Research Action

2009/C 246/06

The European Investment Bank channels most of its institutional relations with universities through an EIB-Universities Research Action consisting of three different programmes:

| — | EIBURS, the EIB University Research Sponsorship Programme, |
| --- | --- |

—

EIBURS, the EIB University Research Sponsorship Programme,

| — | STAREBEI (STAges de REcherche BEI), a programme for financing young researchers working on joint EIB-University projects, and |
| --- | --- |

—

STAREBEI (STAges de REcherche BEI), a programme for financing young researchers working on joint EIB-University projects, and

| — | EIB University Networks, a cooperation mechanism for university networks showing characteristics that are of particular relevance to supporting the objectives of the EIB Group. |
| --- | --- |

—

EIB University Networks, a cooperation mechanism for university networks showing characteristics that are of particular relevance to supporting the objectives of the EIB Group.

EIBURS provides grants to University Research Centres working on research topics and themes of major interest to the Bank. EIB sponsorships, of up to EUR 100 000 per year for a period of three years, are awarded through a competitive process to interested university departments or research centres, associated with universities of EU, accession or acceding countries, with recognised expertise in EIB-selected areas, so they can expand their activities in these areas. The successful proposal will entail the delivery of a variety of outputs (research, organisation of courses and seminars, networking, dissemination of results, etc.) that will be the subject of a contractual agreement with the Bank.

For the academic year 2009/2010, the EIBURS programme has selected a new line of research:

—   Urban Development Funds in Europe: Opportunities, Structures, Operations

Joint European Support for Sustainable Investment in City Areas (JESSICA), a policy initiative of the European Commission and the EIB, is designed to promote Urban Development Funds (UDFs), i.e. financial engineering instruments supporting investment in sustainable urban development. JESSICA responds to the need to assist the renewal and transformation of European cities, and address the scarcity of investment funds for PPPs and projects complying with integrated and sustainable urban development criteria.

The initiative is meant to foster the growth of a new segment in the European investment fund market, populated with investment vehicles specialised in identifying and investing in sustainable city assets and supporting urban transformation operators capable of achieving sustainable urban development outcomes. This emerging segment of the fund market shares some similarities with existing instruments, such as infrastructure funds, real estate funds and ethical funds, but combines some of their features into new organisational structures relying on specific governance modes, professional skills, analytical and networking capabilities.

The proposed research programme should focus on this emerging segment and characterise its forms in the different European countries and regions. The programme should review the state of the art and current thinking on UDFs, contributing to bridge the gap between the professional and the academic community. It should also take into account urban development processes in Europe and their medium-long term impacts on the demand for urban assets and services and the associated investment requirements. One of the key objectives of the programme is to provide UDFs, as investors in sustainable urban development, with a better understanding of the risks and opportunities associated with long-term investment in European cities. The successful proposal is expected to demonstrate the ability to combine the candidate’s research capabilities, experience and data resources with the extensive documentation made available by the studies commissioned by the EIB through the JESSICA initiative.

The proposed research programme is expected to lead to deliverables, including:

| — | papers for publication in academic and professional journals, |
| --- | --- |

—

papers for publication in academic and professional journals,

| — | organisational/operational templates for UDFs, including legal structures, performance principles and criteria, methods and benchmarks to assess and manage asset portfolios, |
| --- | --- |

—

organisational/operational templates for UDFs, including legal structures, performance principles and criteria, methods and benchmarks to assess and manage asset portfolios,

| — | training modules for long-term investors, including specialists and professionals engaged in UDF-type urban operations and projects, financial structuring and advisory/technical assistance. |
| --- | --- |

—

training modules for long-term investors, including specialists and professionals engaged in UDF-type urban operations and projects, financial structuring and advisory/technical assistance.

The deadline for presentation of proposals is 30 November 2009. Proposals submitted after this date will not be considered. Proposals should be sent to:

| EIB-Universities Research Action |
| --- |
| 100, boulevard Konrad Adenauer |
| 2950 Luxembourg |
| LUXEMBOURG |

EIB-Universities Research Action

100, boulevard Konrad Adenauer

2950 Luxembourg

LUXEMBOURG

For the attention of Ms Luísa Ferreira, Co-ordinator.

For more exhaustive information on the EIBURS selection process and on the other programmes and mechanisms, please visit: http://www.eib.org/universities

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 14.10.2009 | EN | Official Journal of the European Union | C 246/10 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/10

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Prior notification of a concentration

(Case COMP/M.5616 — SG Vetri/Zignago Vetro/Ardagh Glass/Ecosud)

(Text with EEA relevance)

2009/C 246/07

| 1. | On 5 October 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Saint-Gobain Vetri S.p.A (‘Vetri’, Italy) belonging to the Saint-Gobain Group, France, Zignago Vetro S.p.A.(‘Zignago’, Italy) and Ardagh Glass s.r.l. (‘Ardagh’, Italy) belonging to the Irish Ardagh Glass Group acquire within the meaning of Article 3(1)(b) of the Regulation joint control of the undertaking Ecosud s.r.l. (‘Ecosud’, Italy) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 5 October 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Saint-Gobain Vetri S.p.A (‘Vetri’, Italy) belonging to the Saint-Gobain Group, France, Zignago Vetro S.p.A.(‘Zignago’, Italy) and Ardagh Glass s.r.l. (‘Ardagh’, Italy) belonging to the Irish Ardagh Glass Group acquire within the meaning of Article 3(1)(b) of the Regulation joint control of the undertaking Ecosud s.r.l. (‘Ecosud’, Italy) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | Vetri is specialised in the production of glass packaging, primarily used for food and beverages, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Vetri is specialised in the production of glass packaging, primarily used for food and beverages,

| — | Zignago produces hollow glass containers used mainly for the packaging of food and beverages, |
| --- | --- |

—

Zignago produces hollow glass containers used mainly for the packaging of food and beverages,

| — | Ardagh is active in the production and sale of hollow glass, |
| --- | --- |

—

Ardagh is active in the production and sale of hollow glass,

| — | Ecosud shall be active in the recycling of glass waste. |
| --- | --- |

—

Ecosud shall be active in the recycling of glass waste.

| 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 22964301 or 22967244) or by post, under reference number COMP/M.5616 — SG Vetri/Zignago Vetro/Ardagh Glass/Ecosud, to the following address:





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

4.

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

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5616 — SG Vetri/Zignago Vetro/Ardagh Glass/Ecosud, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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| 14.10.2009 | EN | Official Journal of the European Union | C 246/11 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/11

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Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

2009/C 246/08

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in part of block F13 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245). The area in question is to be designated block segment F13b.

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block segment F13b of the Dutch continental shelf.

Block segment F13b is bounded by the parallel arcs between point pairs A-B and C-D, the meridian arcs between point pairs B-C and A-E and the great circle between points D and E.

The coordinates of the points are as follows:

| Point | ° | ′ | ′′ E | ° | ′ | ′′ N |
| --- | --- | --- | --- | --- | --- | --- |
| A | 4 | 0 | 0,000 | 54 | 20 | 0,000 |
| B | 4 | 20 | 0,000 | 54 | 20 | 0,000 |
| C | 4 | 20 | 0,000 | 54 | 10 | 0,000 |
| D | 4 | 1 | 23,000 | 54 | 10 | 0,000 |
| E | 4 | 0 | 0,000 | 54 | 12 | 58,000 |

Point

°

′

′′ E

°

′

′′ N

A

4

0

0,000

54

20

0,000

B

4

20

0,000

54

20

0,000

C

4

20

0,000

54

10

0,000

D

4

1

23,000

54

10

0,000

E

4

0

0,000

54

12

58,000

The abovementioned points are defined by their geographical coordinates, calculated according to the European Terrestrial Reference System.

Block segment F13b covers an area of 398,7 km2.

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:

| The Minister for Economic Affairs |
| --- |
| For the attention of J. C. De Groot, Director for the Energy Market |
| ALP/562 |
| Bezuidenhoutseweg 30 |
| Postbus 20101 |
| 2500 EC Den Haag |
| NEDERLAND |

The Minister for Economic Affairs

For the attention of J. C. De Groot, Director for the Energy Market

ALP/562

Bezuidenhoutseweg 30

Postbus 20101

2500 EC Den Haag

NEDERLAND

Applications received after this period will not be considered.

A decision on the applications will be taken not later than 12 months after this period has expired.

Further information can be obtained by telephoning Mr E. J. Hoppel: +31 703797088.

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OTHER ACTS

Commission

| 14.10.2009 | EN | Official Journal of the European Union | C 246/12 |
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14.10.2009

EN

Official Journal of the European Union

C 246/12

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Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2009/C 246/09

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006. Statements of objection must reach the Commission within six months from the date of this publication

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘DARJEELING’

EC No: IN-PGI-0005-0659-12.11.2007

PGI ( X ) PDO ( )

1.   Name:

‘Darjeeling’

2.   Member State or Third Country:

India

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

| Class 1.8. | Other products of Annex I of the Treaty |
| --- | --- |

Class 1.8.

Other products of Annex I of the Treaty

3.2.   Description of product to which the name in (1) applies:

The botanical name of the Darjeeling tea plant is ‘camellia sinensis’ M Kuntz. The Darjeeling tea plant is a hardy, multi stemmed, slow growing evergreen shrub tree which if allowed to, can grow up to 2,5 meters in height. The Darjeeling tea plant takes about six to eight years to be mature to give economic harvesting and is known to have an economic life of well over 100 years with good agricultural practices. It is able to withstand severe winters, extended droughts and the high altitudes of Darjeeling. The green leaves are small, bright, glossy green in colour often covered with a downy silvery pubescence and long buds. The productivity of Darjeeling tea is much lower than any other tea growing area, making it expensive to harvest and produce. Such lower productivity is due to high elevations of the geographical area and rare climatic conditions. The Darjeeling tea plant was first planted in the early 1800’s. Over the years it has adapted to its natural environment and developed the native characteristics, i.e. the unique Darjeeling character referred to by renowned tea tasters and consumers.

The Darjeeling tea when brewed gives a colour of pale lemon to rich amber. The brew is said to have a remarkable varying degrees of visual brightness, depth and body. The flavour emanating from the brew is a fragrance with a complex and pleasing taste and after taste with attributes of aroma, bouquet and point. The organoleptic characteristics of the Darjeeling tea brew is commonly referred as mellow, smooth, round, delicate, mature, sweet, lively, dry and brisk.

The chemical components present in the Darjeeling tea in very higher concentrations are linalool oxide I, II, III and IV, linalool, geraniol, methyl salicylate, benzyl alcohol, 2-phenylethanol, dihydroactinidiolide, hexanoic acid, cis-3-hexenoic acid, trans-2-hexenoic acid, trans-geranoic acid, 3,7-dimethyl-1,5,7-octatrien-3-ol (can be quantified in % as 0,36 % to 1,24 %) and 2,6-demethyl-3, 7-octadiene-2, 6-diol (quantified in % as 3,36 % to 9,99 %). The last two components are present in very high concentration (coming up to 1,24 % and 9,99 % respectively).

The rare flavour of Darjeeling tea is a direct result of a combination of plant genes which is native to the Darjeeling area, the soil chemistry which is rich in minerals, the Darjeeling hills which receives high rainfall (up to 160 inches per annum), altitudes (the highest 2 250 meters and the lowest is at 600 meters) and unique variation of temperature (between 5 and 30 °C). The effect of agroclimatic conditions including light, temperature, humidity, rainfall etc. play important role for the production of quality related secondary metabolites for Darjeeling tea. It has been observed that some tea cultivars grown in other parts of the country having different agroclimatic conditions do not produce the unique aroma/flavour of Darjeeling tea.

The Darjeeling tea industry follows an established set of agricultural practices which has been developed and used for over 150 years to sustain growth of shoots, while maintaining bush heights suitable for plucking by hand. Each kilogram of made tea consists of around 20 000 individual hand picked shoots. This gives an idea of the extent of human effort involved in its production.

The Darjeeling tea is processed in the traditional orthodox method only, where human effort and traditional skill/knowledge is involved in every stage, which is referred as Darjeeling style of manufacture.

There are three different grades of sizes of Darjeeling tea which are traditionally referred as Whole Leaf, Brokens and Fannings.

3.3.   Raw materials:

Not applicable.

3.4.   Feed (for products of animal origin only):

Not applicable.

3.5.   Specific steps in production that must take place in the identified geographical area:

The plucking of Darjeeling tea begins in end February/early March which ends by mid November depending on the weather conditions and the ambient temperature; the cold winter months of December to February are a period of dormancy. A Darjeeling tea bush yields only 50 to 100 g of made tea in a year. The plucking of Darjeeling tea is a special skill/technique, which is a traditional knowledge transferred from generation to generation. The plucking is mainly done by highly skilled women workers because the green leaves require soft handling with care to retain its quality.

After harvesting, the Darjeeling tea leaves are processed in the traditional orthodox method only in the typical/Darjeeling Style of manufacture in the factories situated within the specified gardens within the defined Darjeeling tea growing area only. The traditional skill/knowledge has passed on by generation and is involved in every step of the processing. The inherently sensitive nature of the finely plucked, green leaf responds best to gentle treatment. Although differing leaf varieties require intricate variations in processing, the stages followed are uniform.

Processing of the Darjeeling tea takes place in the factories situated only within the notified tea gardens. The drying, sorting, grading and packing of the Darjeeling tea takes place exclusively in the factories situated within the area of the notified tea gardens. It is important to note that no processing takes place outside the tea gardens.

Therefore, all steps of production of tea (harvesting, drying and processing) take place in the defined areas.

Once the leaf reaches the factory, it is ‘withered’. The objective of withering is to evaporate the moisture from the green leaves slowly over a period of 14 to 16 hours. The leaf shrinks and becomes soft so that it can withstand twisting and rolling mechanically. The brew characteristics also begin to develop following physical and chemical changes within the leaf structure.

The green leaves are segregated and spread evenly on wire mesh screens fitted over specially designed ‘troughs’ which resemble very long wooden boxes. Each trough is an air chamber which enables fresh dry air to be passed in a regulated manner through the green leaves until the desired ‘wither’ is achieved. Approximately, 75 % of the water content in the fresh green leaf is evaporated at this stage.

The withered leaf is then removed from the trough and loaded and twisted in the rolling machines, which, by subjecting the withered leaf to a rolling movement under pressure, twist the leaf, rupture the cells and release natural juices, promoting oxidation and accelerating pigmentation. Rolling pressures and sequences are very meticulously supervised to ensure that the optimum style is imparted, without the detrimental effect of overheating.

Next, the leaf is thinly spread in a cool, well-ventilated room to slowly oxidize (ferment). This stage, in which the flavanols combine with oxygen in the air, extends over a period ranging from two to four hours, mainly depending on ambient temperature and relative humidity. An experienced tea maker judges at regular intervals the extent of quality development from the fragrance progressively expressed by the leaf. This sensory judgment is critical to the quality of the infused brew. For the visitor, the rich floral aroma emanating from a Darjeeling rolling and fermenting (oxidisation) room is heady and definitely unforgettable.

Once optimum fermentation (oxidisation) has been achieved, the oxidised leaf is taken for roasting (or drying) to arrest further fermentation (oxidisation) by deactivating the enzymes, and to remove almost all of the remaining moisture in the leaf. The Tea Dryer is a chamber which exposes the fermented (Oxidised) leaf to hot dry air at regulated, varying temperatures within its parts, for a duration of 20 to 30 minutes. A good roast reduces moisture content in the final product to about less than 2 %, resulting in crisp dry tea which is then graded through vibrating sieves according to size. These grades are finally invoiced packed in lots/batches in foil lined packages designed to retain freshness and quality over an extended period of time.

After final grading has been completed, nomenclatures are assigned according to the size of the grade. These falls into three categories:

| (a) | Whole Leaf — FTGOP — Fine Tippy Golden Flowery Orange Pekoe; |
| --- | --- |

(a)

Whole Leaf — FTGOP — Fine Tippy Golden Flowery Orange Pekoe;

| (b) | Brokens — TGBOP — Tippy Golden Broken Orange Pekoe; |
| --- | --- |

(b)

Brokens — TGBOP — Tippy Golden Broken Orange Pekoe;

| (c) | Fannings — GOF — Golden Orange Fannings. |
| --- | --- |

(c)

Fannings — GOF — Golden Orange Fannings.

The major difference between the three categories is in the size.

Orange Pekoe is a term mainly used to describe a grade found in the grading system of the same name used for sorting Black teas. The system is based solely upon the size of the processed and dried black tea leaves.

The above gradations relate only to the size of the whole leaf after processing and not to quality differentiations. All grades are the product of the same green leaf. The nomenclatures are used to differentiate the grade of made tea according to the size of the tea leaves after processing.

3.6.   Specific rules concerning slicing, grating, packaging, etc.:

There are no specific packaging requirements for Darjeeling Tea.

3.7.   Specific rules concerning labelling:

On each package the licence number of the producer/packeter under the Darjeeling Protection Certified Trade Mark Scheme 1999 governed by the Tea Board of India (a statutory body formed under The Tea Act of 1953 of India empowering them to administer the production of tea) has to be provided, as well as the registered Darjeeling logo (a stylized representation of an Indian woman holding tea leaves in a roundel). The woman design element has a stylized circular ear ring and a nose stud. The word mark ‘Darjeeling’ skirts the left portion of the roundel. All these elements blend together to constitute the Darjeeling logo.

Image

The special Darjeeling logo, created in 1983 and registered as a collective trademark in India, is a labelling requirement, for tea that has been certified by the Board as conforming to the standards and characteristics of Darjeeling tea. Since its introduction, the Darjeeling logo has always appeared on packaging cartons/chest under the control of the Board.

The Tea Board has obtained registration of the Darjeeling logo as a Certification Mark under the Indian Trade and Merchandise Marks Act, 1958.

The Tea Board has also registered the Darjeeling logo under the new Geographical Indication of Goods (Registration & Protection) Act, 1999.

The nomenclature of grading is not compulsory on the label.

4.   Concise definition of the geographical area:

The Darjeeling Tea is grown in the district of Darjeeling, situated in the state of West Bengal, India. The following Sub-Divisions of the District of Darjeeling in the State of West Bengal (India) have on their territory tea gardens: Sadar sub-division, only hilly areas of Kalimpong Sub-Division comprising Samabeong Tea Estate, Ambiok Tea Estate, Mission Hill Tea Estate, Upper Fagu and Kumai Tea Estates and Kurseong Sub-Division excluding the areas in jurisdiction list 20, 21, 23, 24, 29, 31 and 33 comprising Subtiguri Sub-Division of New Chumta Tea Estate, Simulbari and Marionbari Tea Estate of Kurseong Police station in Kurseong Sub-Division. The tea gardens are situated at altitude between 600 to 2 250 meters on steep slopes which provide ideal natural drainage for the generous rainfall the district receives.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

The tea gardens are situated at altitude between 600 to 2 250 meters on steep slopes, which provide ideal natural drainage for the generous rainfall the district receives. It is important to note the relevance of elevation, as they are specific for Darjeeling Quality. Coupled with this, the intermittent cloud and sunshine combine to impart the unique character of Darjeeling tea.

The soil is rich and the hilly terrain provides natural drainage for the generous rainfall the district receives.

Due to continuous low temperature the metabolic (photosynthesis) rate of the Darjeeling Tea plant is far lower than any other tea plant, which stunts the growth of green leaf and increases the concentration of the natural chemical characteristics.

The Darjeeling tea growing area is located in the seven valleys of the Darjeeling hills which directly overlooks the Himalayas and the Kanchenjunga peak which is the third highest mountain peak in the world. The cold wind blowing from the Himalayas through the seven valleys at various temperatures during the year is one of the reasons resulting in the unique Darjeeling flavour. Further, the Darjeeling hills experience mists during the nights which condenses the water molecules of the environment and it caresses the tea leaves which moisturise the Darjeeling tea leaves overnight. The Darjeeling hill experiences very high rainfall (up to 160 inches and not less than 80 inches) in a year. The Darjeeling hills receive only four to five hours of sunshine for only about 180 days in a year. These natural phenomena significantly contribute to development of the remarkable flavour and characteristics of the Darjeeling tea.

5.2.   Specificity of the product:

Darjeeling Tea is a tea of considerable renown, because its flavour is so unique that it cannot be replicated anywhere else in the world. Grown in the mountainous region of Darjeeling, for more than 150 years, these tea bushes are nurtured by intermittent rainfall, sunshine and moisture laden mellow mists. The tea pluckers pick only the finest two leaves and the bud to maintain the particular flavour. Gifted with these natural elements, the simple fact that approximately only between 9 to 10 million kg of Darjeeling Tea is produced annually by the Darjeeling district, has made it exclusive and desirable. It is a niche luxury product. Adherence to this high quality profile, results in extremely low yields. The Darjeeling producers make every effort to ensure the highest quality standards, in spite of the high costs involved. Tea plucking art of the succession generation of north has an artistic value. Human elements are present in several steps of the production of tea (as explained above).

The Darjeeling tea is processed in the traditional orthodox method only, where human effort and traditional skill/knowledge is involved in every stage.

5.3.   Causal link between the geographical area and a specific quality, the reputation or other characteristic of the product:

Geographical and agro-climatic: Due to the unique and complex combination of agro-climatic conditions prevailing in the region comprising of all the 87 tea gardens within the district of Darjeeling as well as the production regulations by the Board, tea produced in this region has the distinctive and naturally occurring organoleptic characteristics of taste, aroma and texture which have won the patronage and recognition of discerning consumers all over the world and put Darjeeling Tea as a niche luxury product.

Topographical: The Darjeeling tea gardens are situated at Altitude from 600 to 2 250 meters on steep slopes which provide ideal natural drainage for the generous rainfall the district receives. The rare flavour of Darjeeling tea is a result of the combination of plant genes, soil chemistry, altitude, temperature and rainfall unique to the Darjeeling hills. The Darjeeling tea industry follows an established set of agricultural practices which has been developed and used for over 150 years to sustain growth of shoots, while maintaining bush heights suitable for plucking by hand.

Harvesting: A Darjeeling tea bush yields not more than 100 g of made tea in a year (between 9 to 10 million kg. of Darjeeling Tea is produced annually by the Darjeeling district). Each kilogram of fine tea consists of more than 20 000 individual hand picked shoots. This gives an idea of the extent of human effort involved in its production.

Other factors: historical, traditional, cultural and social, as well as a special uniqueness and reputation are attached to ‘Darjeeling’. Indeed, the tea produced in the Darjeeling region and having the said special characteristics, is and has for long been known to the trade and the public in India and abroad as Darjeeling tea and as such it has acquired a substantial domestic and international reputation. Any member of the trade or public in India or abroad ordering Darjeeling tea or seeing tea advertised or offered for sale as Darjeeling will expect the tea so ordered, advertised or offered for sale to be the tea cultivated, grown and produced in the aforesaid region of the Darjeeling district and having the aforesaid special characteristics. Therefore, the name ‘Darjeeling’ for tea from the district of Darjeeling in the State of West Bengal, has acquired a special uniqueness and reputation in the public mind when used in relation to tea produced in the aforesaid region of the said district so that the right to attach it to such tea forms part of the specific repute of all those who are duly associated with the said region. The prices of Darjeeling Tea are also higher than for others teas in India and overall in the world market. In other words, the name ‘Darjeeling’ when used in relation to tea, qualifies as a geographical indication in India.

Reference to publication of the specification:

http://ec.europa.eu/agriculture/quality/door/appliedName.html?denominationId=10087

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Corrigenda

| 14.10.2009 | EN | Official Journal of the European Union | C 246/17 |
| --- | --- | --- | --- |

14.10.2009

EN

Official Journal of the European Union

C 246/17

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Corrigendum to Commission opinions within the framework of Article 17(5) of Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time (‘The Working Time Directive’)

(
  Official Journal of the European Union C 245 of 13 October 2009
  )

2009/C 246/10

The texts of documents 2009/C 245/01, 2009/C 245/02 and 2009/C 245/03, published in the
  Official Journal of the European Union C 245 of 13 October 2009 on pages 1, 6 and 10, should be considered as null and void.

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